Chemical substances in Batch 11 of the Challenge

Mandatory survey - section 71 notice

In addition to the Batch 11 section 71 survey notice issued in 2009, in April 2017, a notice was issued in the Canada Gazette, Part I: Vol. 151, No. 13 – April 1, 2017 under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). The notice applies to approximately 31 substances that are toxic or proposed to be toxic as defined under section 64 of CEPA 1999. One substance in this Batch, PREPOD (CAS RN 68412-48-6), is included in this notice. More information, including how to submit a response, is available on the certain substances requiring information for risk management web page.

Risk management action milestones

The risk management action milestones table outlines the risk management actions that were proposed for the chemical substance in this batch of the Challenge that met the criteria of section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). These proposed risk management actions were published in the risk management approach documents for these substances. For the complete wording of these proposed actions, please refer to the risk management approach documents.

Ecological State of the Science Report on DEHA

In October 2013, based on new information that was made available after the original screening assessment, an Ecological State of the Science report on DEHA was released. The notice was published in the Canada Gazette, Part I: Vol. 147 No. 41 - October 12, 2013 for a 60-day public comment period.

Adding substances to Schedule 1

Three substances in this batch (DEHA, PREPOD, and BENPAT) were initially proposed to be added to Schedule 1. Following the publication of the proposed order for their addition to Schedule 1, notices of objection and requests for the establishment of boards of review were received for 2 of these substances (DEHA and BENPAT). Both requests to establish boards of review were declined. Subsequently, an application for judicial review of the BENPAT decision was received. While the judicial review is underway, a final order will not be published. However, the remaining 2 substances, DEHA and PREPOD have been added to Schedule 1.

Reduced regulatory requirement polymer criteria

Two substances in this batch meet the reduced regulatory requirements (RRR) polymer criteria as specified in the New Substances Notification Regulations (NSNR). Therefore, it is recommended that the Domestic Substances List (DSL) be amended to indicate that these substances meet the RRR polymer criteria (apply a "P" flag). Should other forms of these polymers, not meeting the RRR polymer criteria, be introduced on the Canadian market, those polymers would be considered not listed on the DSL, and subject to the requirements of the NSNR. One order has been published.

Applying Significant New Activity provisions

View the Significant New Activity Publications under the Canadian Environmental Protection Act, 1999.

One order has been published addressing 6 substances in this batch through the application of Significant New Activity (SNAc) provisions.

In January 2017, a notice of intent to amend the DSL to vary the SNAc requirements for phenyl-D4 (CAS RN 10448-09-6) was published in the Canada Gazette, Part I. The proposed amendment is an outcome of the SNAc Review. The amendment is not in force until the final order is adopted by Minister of the Environment and Climate Change pursuant to subsection 87(3) of CEPA 1999. The final order will be published in the Canada Gazette, Part II. Any current SNAc requirements remain in effect until such time as the final order is published.

Rescinding Significant New Activity provisions

In January 2017, a notice of intent to amend the DSL to rescind the SNAc requirements for MDnM-hydride (CAS RN 69430-47-3) was published in the Canada Gazette, Part I. The proposed rescission is an outcome the SNAc Review. Potential for environmental persistence, bioaccumulation, and toxicity were identified in the screening assessment, but little data on the substance was available at the time. Since then, a review of silicone-based substances conducted by Environment and Climate Change Canada concluded that this substance has low ecotoxicity as well as low bioaccumulation potential. Also, recent industry surveys revealed that commercial activity for this substance is low, and therefore the likelihood for exposure to humans or the environment is also low. Therefore, the SNAc requirements are proposed to be rescinded for MDnM-hydride. Current SNAc requirements remain in effect until such time as a final order is published in the Canada Gazette, Part II.

For additional guidance on submitting information required as part of SNAc notifications, please see the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Summary of Batch 11 substances and publications

Substances that meet one or more criteria in section 64 of the CEPA 1999
CAS RN Chemical substance Final or proposed order and RIAS Final screening assessment Public comments on the proposed risk management approach Proposed risk management approach Public comments on the draft screening assessment and risk management scope
103-23-1 DEHA HTML HTML HTML HTML HTML
68412-48-6 PREPOD HTML HTML HTML HTML HTML
68953-84-4 BENPAT HTML HTML HTML HTML HTML
Substances that do not meet any of the criteria in section 64 of the CEPA 1999
CAS RN Chemical Substance Final Screening Assessment Public Comments
98-01-1 Furfural HTML None
107-22-2 Ethanedial HTML HTML
140-88-5 Ethyl acrylate HTML HTML
149-57-5 2-EHA HTML None
603-33-8Substances for which no response was received to the Notice published in the Canada Gazette, Part I, Vol. 140, No. 9, under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) on March 4, 2006, but for which stakeholders indicated in their Declaration of Non-Engagement forms an interest in the substances. Triphenylbismuth HTML None
10448-09-6Substances for which no response was received to the Notice published in the Canada Gazette, Part I, Vol. 140, No. 9, under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) on March 4, 2006, but for which stakeholders indicated in their Declaration of Non-Engagement forms an interest in the substances. Phenyl-D4 HTML None
40615-36-9Substances for which no response was received to the Notice published in the Canada Gazette, Part I, Vol. 140, No. 9, under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) on March 4, 2006, but for which stakeholders indicated in their Declaration of Non-Engagement forms an interest in the substances. Dimethoxytrityl chloride HTML None
64111-81-5Substances for which no response was received to the Notice published in the Canada Gazette, Part I, Vol. 140, No. 9, under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) on March 4, 2006, but for which stakeholders indicated in their Declaration of Non-Engagement forms an interest in the substances. Trichloro-2-hydroxydiphenyl ether HTML None
68478-45-5 BENTAX HTML HTML
68952-02-3 MVTFS HTML HTML
69430-47-3 MDnM-hydride HTML None
70900-21-9 MHDnMH HTML None
125328-28-1Substances for which no response was received to the Notice published in the Canada Gazette, Part I, Vol. 140, No. 9, under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) on March 4, 2006, but for which stakeholders indicated in their Declaration of Non-Engagement forms an interest in the substances. PMEI HTML None

Table 1 footnotes

  • Substances for which no response was received to the notice published in the Canada Gazette, Part I, Vol. 140, No. 9, under section 71 of CEPA 1999 on March 4, 2006, but for which stakeholders indicated in their declaration of non-engagement forms an interest in the substances.
Timelines
Date Substances Affected Activity
April 1, 2017 CAS RN 68412-48-6 Publication in Canada Gazette of notice under section 71 of CEPA 1999. The notice applies to approximately 31 substances that are toxic or proposed to be toxic as defined under section 64 of CEPA 1999.
January 14, 2017 CAS RNs10448-09-6 and 69430-47-3 Publication in the Canada Gazette of a notice of intent to amend the DSL to vary the SNAc requirements for CAS RN 10448-09-6, and to rescind the SNAc requirements for CAS RN 69430-47-3, and start of 60-day public comment period.
December 14, 2016 CAS RNs 103-23-1 and 68412-48-6 Publication in Canada Gazette of final order adding 2 substances to Schedule 1.
October 12, 2013 CAS RN 103-23-1 Publication in Canada Gazette of Ecological State of the Science Report on DEHA and start of 60-day public comment period.
October 15, 2011 CAS RNs 103-23-1, 68412-48-6 and 68953-84-4

Publication in Canada Gazette of proposed order adding substances to Schedule 1, and start of 60-day public comment period.

September 14, 2011 CAS RNs 68952-02-3 and 70900-21-9

Publication in Canada Gazette of order amending the DSL to indicate that two Batch 11 substances meet the RRR polymer criteria as specified in the NSNRs.

September 14, 2011 CAS RNs 603-33-8, 10448-09-6, 40615-36-9, 64111-81-5, 69430-47-3 and 125328-28-1

Publication in Canada Gazette of order amending the DSL to apply the SNAc provisions of CEPA 1999.

September 10, 2011 All Batch 11 substances

Publication in Canada Gazette of final assessment decisions under subsection CEPA 1999, release of Government's proposed risk management approach documents, and start of 60-day public comment period on the proposed risk management approach documents.

October 2, 2010 All Batch 11 substances

Publication in Canada Gazette and start of 60-day public comment period on (a) the draft screening assessments, (b) the proposals to pursue one of the measures as specified under subsection 77(2) and (c) the risk management scope documents.

October 2, 2010 CAS RNs 603-33-8, 10448-09-6, 40615-36-9, 64111-81-5, 69430-47-3 and 125328-28-1

Publication in Canada Gazette of notice of intent to amend the DSL to apply the SNAc provisions of CEPA 1999, and start of 60-day public comment period.

October 2, 2010 CAS RNs 68952-02-3 and 70900-21-9

Publication in Canada Gazette of notice of intent to amend the DSL to indicate that 2 substances meet the RRR polymer criteria, and start of 60-day public comment period.

March 25, 2010 All Batch 11 substances

Deadline for submission of additional information by interested stakeholders, including on the extent and nature of the management/stewardship of Batch 11 substances.

January 26, 2010 All Batch 11 substances

Deadline for submission of information under the section 71 notice on Batch 11 substances (if no extension granted).

September 26, 2009 All Batch 11 substances

Release of Batch 11 of the Challenge and the accompanying technical documents.

Final screening assessment and risk management approaches

In September 2011, the final screening assessments for this batch were released and the related notices were published in the Canada Gazette, Part I: Vol. 145, No. 37 - September 10, 2011.

The final screening assessments concluded that 3 substances in this batch meet one or more criteria in section 64 of CEPA 1999. The Government proposed to add these substances to Schedule 1 of the act. In addition, 1 of these substances (CAS RN 68412-48-6), has been found to meet the criteria for virtual elimination under subsection 77(4) of the act, and therefore is being proposed for addition to the Virtual Elimination List. Proposed risk management approach documents were also released on this date for the substances in this batch which met the criteria in section 64 of CEPA 1999.

Draft screening assessments and risk management scopes

New information was received from industry or interested stakeholders for each of the 16 substances in this batch. In October 2010, the draft screening assessments were released and the related notices were published in the Canada Gazette, Part I: Vol. 144, No. 40 - October 2, 2010. Risk management scope documents were also released in conjunction with these publications.

Launch of Batch 11 and submissions received

Information on substances in this batch was gathered from industry and interested stakeholders through a mandatory survey notice issued under section 71 of CEPA 1999. They were also invited to complete a voluntary questionnaire.

A notice related to the launch of Batch 11 was published in September 2009 in the Canada Gazette. The section 71 notice applied to all 16 substances in this batch.

Number of submissions received for this batch
Approximate number Type of response
90

Responses to mandatory section 71 notice (responses were received relating to 11 substances in the batch)

21

Requests for extension of the deadline for section 71 notice responses granted

6

Voluntary submissions of questionnaires (questionnaires were received relating to 5 substances in the batch)

47

Expressions of "Stakeholder Interest" (responses were received relating to 11 substances in the batch)

31

Other submissions (for example, studies, additional information) (submissions were received relating to 11 substances in the batch)

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