Summary of public comments received on the risk management approach for certain triarylmethanes group

Comments on the Risk Management Approach for Certain Triarylmethanes, assessed under the Chemicals Management Plan (CMP), were submitted jointly by the Forest Products Association of Canada (FPAC) and National Council for Air and Stream Improvement, Inc (NCASI).

Summarized public comments and responses are provided below, organized by topic.

Information on uses

Comment summary 1: 3 pulp and paper mills may be using triarylmethane dyes but given that suppliers do not always share information with end-users, it is unknown if other pulp and paper mills are using or could begin using triarylmethanes unknowingly.

Response 1: It is recognized that supply chain transparency can pose a challenge in many sectors, including the pulp and paper sector.

Bill S-5: Strengthening Environmental Protection for a Healthier Canada Act received Royal Assent on June 13, 2023 to modernize the Canadian Environmental Protection Act, 1999 (CEPA). The modernized Act recognizes the importance of Canadians having information regarding the risks of toxic substances to the environment or to human health. Furthermore, the Government of Canada will release a strategy for enhancing the availability of information on chemicals of concern in products. The Strategy would promote the use of safer chemicals and sustainable business and consumer decision-making, support Canada’s chemicals regulatory framework, and contribute to Canada’s efforts to prevent the impact of pollution on the environment and human health.

When appropriate, the Government of Canada intends to apply the steps outlined in the Approach to disclose confidential information and promote transparency in chemicals management to release certain information publicly, taking into account the requirements of CEPA. This could occur in situations where it is in the interest of public health, public safety or the protection of the environment.

We also encourage users of products and chemicals to pursue disclosure requirements through their procurement processes with their suppliers.

Risk management

Comment summary 2: The risk management tool should target only the manufacturers and importers of these substances in paper dye products and not the users. Users may not be aware of toxic substances in paper dye products they use due to lack of information sharing along the supply chain.

Response 2: The full life cycle of the substances has been considered in the development of risk management options. In the Screening Assessment for Triarylmethanes Group (published on October 17, 2020), the life cycle stages identified as presenting potential risk to the environment are releases of dyes from pulp and paper mill effluent, not from manufacturers. Therefore, the selected risk management measure is targeting pulp and paper mill effluent.

Comment summary 3: The stakeholder requests they be consulted on the methodology used in the development of the proposed risk management instrument.

Response 3: In July 2022, Environment and Climate Change Canada held early public engagement sessions to provide an opportunity for stakeholders to comment on the proposed amendments to include Certain Triarylmethanes in the Guidelines for the Reduction of Dyes Released from Pulp and Paper Mills. In May 2023, the proposed amended Guidelines were published in the Canada Gazette, Part I, for a 60-day public comment period. The final amended Guidelines for the Reduction of Dyes Released from Pulp and Paper Mills were published April 2024.

Comment summary 4: Information was provided on the socio-economic impacts of the proposed risk management actions.

Response 4: Socio-economic and environmental implications were considered when developing risk management tools.

Alternatives and substitutions

Comment summary 5: Information was provided on potential alternatives to malachite green (MG), basic violet 3 (BV3), basic violet 4 (BV4), and basic blue 7 (BB7) in paper dyes and inks. It was noted that manufacturers and suppliers may be better placed to inform on alternative substances.

Response 5: Where available and relevant, socio-economic data and information on the availability and cost of alternatives for a substance used in Canada have been considered when developing risk management tools.

Comment summary 6: Stakeholders are concerned about regrettable substitution.

Response 6: When necessary, mechanisms such as the Identification of Risk Assessment Priorities process are applied by the Government of Canada to monitor new information on substances like triarylmethanes and the potential for substitution. The Government of Canada is also exploring ways to advance responsible replacement of chemicals of concern, including ways to apply informed substitution to support chemicals management (Combined government discussion paper and science committee report on informed substitution. Published on August 28, 2018).

Comment summary 7: Information was provided on the socio-economic impacts of reducing or substituting MG, BV3, BV4, and BB7 in paper dyes and inks products. Substitution may be costly and time-consuming.

Response 7: Where available and relevant, socio-economic data and information on the availability and cost of alternatives for a substance used in Canada have been considered in the development of the risk management tools.