Certain Organic Flame Retardants Substance Grouping

Certain organic flame retardant substances are among those identified as priorities for action for the second phase of the Chemicals Management Plan (CMP). The selection of these substances was based on the categorization process completed in 2006, evaluations by the New Substances Program suggesting potential ecological and human health concerns for certain organic flame retardant substances not on the Domestic Substances List (DSL), and new information received as part of the first phase of the CMP.

Risk management action milestones

In December 2018, Environment and Climate Change Canada and Health Canada published the Consultation Document on Proposed Amendments to the Prohibition of Certain Toxic Substances Regulations, 2012 for PFOS, PFOA, LC-PFCAs, HBCD, PBDEs, DP and DBDPE.

The objective of this consultation document was to inform stakeholders of the proposed amendments to the Prohibition of Certain Toxic Substances Regulations, 2012, solicit comments and request information. Comments and information were requested by February 18, 2019.

Comments and information received in response to the consultation document will be considered in the development of the proposed Regulations to Amend the Prohibition of Certain Toxic Substances Regulations, 2012.

In October 2018, a notice of intent was issued in the Canada Gazette, Part I: Vol. 152, No. 41 – October 13, 2018 indicating that the Department of the Environment and the Department of Health were initiating the development of amendments to the Prohibition of Certain Toxic Substances Regulations, 2012. These amendments would seek to further restrict the manufacture, use, sale, offer for sale and import of certain toxic substances, including DP and DBDPE, should the final screening assessment confirm the proposed conclusion. There was a 30-day consultation period associated with this publication. Comments received on this publication will be considered in the development of the proposed Regulations to Amend the Prohibition of Certain Toxic Substances Regulations, 2012.

Summary of publications

Final screening assessments and state of the science reports
CAS RN Chemical substance Public comments on the draft screening assessments, draft state of the science reports and risk management scopes Final screening assessment Final state of the science report Proposed risk management approach
1330-78-5 TCP HTML HTML None None
3278-89-5 ATE None None HTML None
13560-89-9 DP None HTML None HTML
32588-76-4 EBTBP None HTML None None
84852-53-9 DBDPE HTML HTML None HTML
183658-27-7 TBB HTML None HTML None
26040-51-7 TBPH
Draft screening assessments
CAS RN Chemical substance Draft screening assessment Draft state of the science report Proposed risk management scope
108-78-1 Melamine HTML None None
13674-84-5 TCPP HTML None HTML
13674-87-8 TDCPP None
Timelines
Date Activity
June 10, 2019 Deadline for submission of public comments on the proposed risk management approaches for DP and DBDPE.
May 11, 2019

Publication in Canada Gazette of:

  1.  the final screening assessment decisions under subsection 77(6) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) for DP, TCP, EBTBP and DBDPE
  2. the final state of the science reports for ATE, TBB and DBDPE
  3. the proposed risk management approaches for DP and DBDPE

and start of a 30-day public comment period on the proposed risk management approaches.

December 21, 2018 Publication and start of a 60-day consultation period on a Consultation Document on Proposed Amendments to the Prohibition of Certain Toxic Substances Regulations, 2012 for PFOS, PFOA, LC-PFCAs, HBCD, PBDEs, DP and DBDPE
October 13, 2018 Publication in Canada Gazette and start of a 30-day consultation period on a notice of intent to amend the Prohibition of Certain Substances Regulations, 2012. This notice applies to DP and DPDPE and 5 other substances.
April 8, 2017 Publication in Canada Gazette of notice under section 71 of CEPA 1999. The notice applies to DP and DBDPE and approximately 29 substances that are toxic or proposed to be toxic as defined under section 64 of CEPA 1999.
December 7, 2016 Deadline for submission of public comments on:
  1. the draft screening assessments,
  2. the draft state of the science reports, and
  3. the proposed risk management scope documents
on certain organic flame retardant substances
October 8, 2016 Publication in Canada Gazette and start of 60-day public comment period on:
  1. the 6 draft screening assessments,
  2. the 2 draft state of the science reports and
  3. the 3 risk management scopes
covering 10 organic flame retardant substances.
September 30, 2013 Deadline for submission of any voluntary information by interested stakeholders.
July 30, 2013 Deadline for submission of information for the section 71 notice (without an extension).
March 30, 2013 Release of the section 71 notice with respect to certain organic flame retardant substances and the accompanying technical documents.

Final screening assessments, state of the science reports and proposed risk management approaches

In May 2019, final screening assessments for DP, TCP, EBTBP and DBDPE and final state of the science reports for ATE, TBB and TBPH were released.  The related notices were published in the Canada Gazette, Part I: Vol. 153, No. 19 – May 11, 2019.

Final screening assessments for TCP and EBTBP concluded that these 2 substances are not harmful to human health or the environment.  Therefore the Minister of the Environment and the Minister of Health propose to take no further action on these substances at this time under the Act. No proposed risk management approaches were prepared for these substances.

The final state of the science reports for ATE, TBB and TBPH indicate that, at current levels of exposure, these substances are not considered harmful to human health or the environment. These substances had been previously evaluated under the New Substances Program and were suspected to meet various section 64 criteria (based on the pre-market projections of use quantities). Even though the results of the current draft state of the science reports indicate that current levels are unlikely to pose a risk, the substances are commercial alternatives to other flame retardants and there is a possibility that quantities could increase in Canada. These substances will therefore continue to be subject to the new substances provisions of CEPA 1999 and to any associated ministerial conditions, to require pre-market notification of any new entrants importing or manufacturing these substances and to allow risk management measures to be put in place, should they be deemed necessary.

Final screening assessments for DP and DBDPE concluded that these 2 substances are harmful to the environment as set out in paragraph 64 (a) of CEPA 1999.  Therefore the Minister of the Environment and the Minister of Health propose to add them to Schedule 1 of CEPA 1999.

Proposed risk management approaches for DP and DBDPE were released in conjunction with these publications, for a 30-day public comment period.

Final screening assessments for the remaining 3 substances in the Certain Organic Flame Retardants Substance Grouping (melamine, TCPP and TDCPP) will be released at a later date.

Draft screening assessments, state of the science reports and risk management scopes

In October 2016, 6 draft screening assessments and 2 draft state of the science reports which collectively consider 10 substances were released and the related notices were published in the Canada Gazette, Part I: Vol. 150, No. 41 - October 8, 2016.

The draft screening assessments of EBTBP, melamine, TDCPP and TCP propose to conclude that none of these substances is harmful to the environment or to human health as set out in section 64 of CEPA 1999.

The draft state of the science reports of ATE, TBB and TBPH indicate that current quantities in use in Canada are unlikely to pose a risk to the environment or human health. These substances had been previously evaluated under the New Substances Program and were suspected to meet various section 64 criteria (based on the pre-market projections of use quantities). Even though the results of the current draft state of the science reports indicate that current levels are unlikely to pose a risk, the substances are commercial alternatives to other flame retardants and there is a possibility that quantities could increase in Canada. These substances will therefore continue to be subject to the new substances provisions of CEPA 1999 and to any associated ministerial conditions, to require pre-market notification of any new entrants importing or manufacturing these substances and to allow risk management measures to be put in place, should they be deemed necessary.

The draft screening assessments of DP and DBDPE propose to conclude that these substances are harmful to the environment as set out in paragraph 64 (a) of CEPA 1999, but that they are not harmful to the environment on which life depends, or to human health as set out in paragraphs 64 (b) and 64 (c) of the act respectively.

The draft screening assessment of TCPP proposes to conclude that this substance is not harmful to the environment as set out in paragraphs 64 (a) or (b) of CEPA 1999, but that it is harmful to human health as set out in paragraph 64 (c) of CEPA 1999.

Risk management scopes for DBDPE, DP and TCPP were also released in conjunction with the publication of these draft screening assessments and the draft state of the science reports. There was a 60-day public comment period associated with these publications.

Given the concerns related to the potential future increased use of TDCPP, follow-up activities will be considered to inform prioritization and evaluation of future new or increased use. The proposed path forward for tracking future changes in use pattern and/or environmental releases will be confirmed at the time of publication of the final screening assessment. This substance may be subject to further ecological and human health assessment, if warranted by new information.

Information gathering

2017 Mandatory survey - section 71 notice

In April 2017, a notice was issued in the Canada Gazette, Part I: Vol. 151, No. 13 - April 1, 2017 under section 71 of CEPA 1999. The notice applied to DP and DBDPE (CAS RNs 13560-89-9 and 84852-53-9) and approximately 29 other substances that are toxic or proposed to be toxic as defined under section 64 of CEPA 1999. More information is available on the certain substances requiring information for risk management webpage.

2013 Mandatory survey - section 71 notice

In March 2013, a notice was issued in the Canada Gazette, Part I: Vol.147, No.13 - March 30, 2013 under section 71 of CEPA 1999. This notice applied to the 10 substances included in the Certain Organic Flame Retardants Substance Grouping and sought to obtain information to inform the risk assessment and, if necessary, the risk management for this group of substances.

A compilation of the non-confidential data received on certain organic flame retardant substances in response to the section 71 notice, including information submitted on a voluntary basis, is available via the Government of Canada Open Data Portal. Along with the compilation, a non-confidential information summary provides general information on the volume of information received and the substances, activities, substance functions, commercial uses and sectors most often reported.

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