Canadian Environmental Law Association and Ecojustice Proposal to Add Ten Substances to the National Pollutant Release Inventory

Consultation Plan and Notification of Rejection and Deferral

April 2013

Summary

The Canadian Environmental Law Association and Ecojustice submitted a proposal to Environment Canada to add ten substances to the National Pollutant Release Inventory (NPRI). Each of the substances was evaluated according to the established decision factors for consideration of changes to the NPRI. This document summarizes the evaluation and indicates how Environment Canada intends to proceed for each of the ten substances.

Based on the evaluation, Environment Canada intends to reject the nomination of four of the ten substances since they are not manufactured, processed or otherwise used in Canada and therefore do not meet the decision factors for consideration of changes to the NPRI.

Environment Canada intends to defer the decision on two of the substances until additional information becomes available, which is expected to occur during 2013-2014. Environment Canada will use this information to evaluate the substances according to the NPRI decision factors to decide how the Department intends to proceed.

For the remaining four substances, Environment Canada intends to refer the nominations to the NPRI Multi-Stakeholder Work Group for consultations. Consultations on these four substances will take place during 2013.

Changes to the NPRI based on this proposal may be implemented starting with the 2014 reporting year, or a later reporting year, depending on the input received during consultation and depending on the availability of new information.

 

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Background

On April 20, 2012, Environment Canada received a proposal from the Canadian Environmental Law Association (CELA) and Ecojustice1 to add ten substances to the National Pollutant Release Inventory (NPRI) commencing no later than the 2014 reporting year:

  1. 2,2-bis(Bromomethyl)-1,3-propanediol (CAS RN: 3296-90-0)
  2. Glycidol (CAS RN: 556-52-5)
  3. Methyl eugenol (CAS RN: 93-15-2)
  4. Nitromethane (CAS RN: 75-52-5)
  5. Phenolphthalien (CAS RN: 77-09-8)
  6. Tetrafluoroethylene (CAS RN: 116-14-3)
  7. 1,6-Dinitropyrene (CAS RN: 42397-64 -8)
  8. 1,8-Dinitropyrene (CAS RN: 42397-65-9)
  9. 6-Nitrochrysene (CAS RN: 7496-02-8)
  10. 4-Nitropyrene (CAS RN: 57835-92-4)

Six of the substances were proposed for addition to Part 1A of the NPRI Substance List (#1-6 above). NPRI Part 1A substances must be reported by facilities where (a) employees work a total of ≥ 20,000 hours (or activities to which the employee threshold does not apply take place); and (b) the total amount of the substance that is manufactured, processed or otherwise used (including incidentally) is ≥ 10 tonnes.

The proposal also calls for the addition of four nitroarenes (#7-10 above), which are nitro substituted derivatives of polycyclic aromatic hydrocarbons (PAHs), to Part 2 of the NPRI substance list. Part 2 substances must be reported by facilities where (a) employees work a total of ≥ 20,000 hours (or activities to which the employee threshold does not apply take place); and (b) the quantity of PAHs that are incidentally manufactured and released, disposed of or transferred for recycling, plus the quantity contained in tailings is ≥ 50 kilograms. Part 2 substances must also be reported for facilities where wood preservation using creosote takes place, regardless of quantities and regardless of the number of employees.

In summary, the rationale for adding these substances to the NPRI, as stated in the proposal, is:

  1. Each of these substances have been classified as “reasonably anticipated to be human carcinogens” by the U.S. National Toxicology Program (NTP) in their Report on Carcinogens2.
  2. All of these substances were added to the U.S. Toxics Release Inventory (TRI)3, which is the U.S. equivalent to the NPRI.
  3. Environment Canada has committed to participate in an Action Plan to Enhance Comparability of Pollutant Releases and Transfer Registers [PDF 2.45 MB], which encourages Canada, the U.S. and Mexico “to add chemicals that appear on the lists in the other countries, as appropriate, taking into account national circumstances4.”

 

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Process for Modifying the National Pollutant Release Inventory

Proposals to make changes to the NPRI are evaluated according to an established process5 that requires the evaluation of the following five decision factors:

  1. Does the substance meet NPRI criteria:
    • (a) Is the substance manufactured, processed or otherwise used in Canada?6, 7
    • (b) Is the substance of health and/or environmental concern?7
    • (c) Is the substance released to the Canadian environment?
    • (d) Is the substance present in the Canadian environment?
  2. Do facilities contribute significant releases of the substance?
  3. Does inclusion of the substance support one or more of the objectives of the NPRI?
    • (a) Identify priorities for action;
    • (b) Encourage voluntary action to reduce releases;
    • (c) Allow tracking of progress in reducing releases;
    • (d) Improve public understanding; and
    • (e) Support targeted regulatory initiatives.
  4. Is the substance reported elsewhere? If it is, is there additional value in reporting to the NPRI?
  5. Is the substance already in the NPRI in some form? If it is, is there additional value in including it in another form?

 

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Next steps

Based on the evaluation of a proposal according to the decision factors, there are three possible options to proceed according to the established process for modifying the NPRI:

  1. Rejection of the nomination or recommendation;
  2. Referral of the nomination or recommendation to the stakeholder consultation process; or
  3. Deferral of a decision on how to proceed, pending additional information or resources.

Following receipt of the CELA/Ecojustice proposal, Environment Canada evaluated each of the ten substances against the NPRI decision factors. Based on the evaluation, Environment Canada intends to proceed as indicated in the following table. The table also provides the rationale for the decision on how to proceed.

 

Consultation Plan

For the four substances where Environment Canada intends to proceed by rejecting the nomination, no further analysis or consultation will be done, unless new information on the manufacture, process or other use of the substance in Canada is obtained.

For the two substances where Environment Canada intends to proceed by deferring a decision, the process for modifying the NPRI will be followed once the specified information becomes available (i.e., evaluation against the decision factors, followed by rejection or referral of the nomination to consultations, or a further deferral of a decision). Further evaluation of the addition of these substances may occur for the 2014 reporting year or a later reporting year, depending on when the required information becomes available.

Environment Canada intends to refer four nitroarenes to stakeholder consultations, in consideration for the possible addition of these substances to the NPRI starting with the 2014 reporting year. The consideration of this change will occur in accordance with the established process for modifying the NPRI5. Environment Canada will develop a proposed path forward and position on which formal consultation will occur. Consultations are expected to take place during 2013 using a paper-based approach with the NPRI Multi-Stakeholder Work Group and other stakeholders, including the public.

 

SubstancePath ForwardRationale

2,2-bis
(Bromomethyl)-1,3-propanediol
CAS RN: 3296-90-0
Number in proposal: #1
Synonym: BBMP

and

Tetrafluoroethylene
CAS RN: 116-14-3
Number in proposal: #6
Synonym: Ethene, tetrafluoro-

Rejection of the nomination
  1. These substances are not in commerce in Canada8, 9, 10 and therefore do not meet NPRI decision factors 1(a), 1(c) and 2.

  2. These substances are reasonably anticipated to be human carcinogens2, which meets the health portion of NPRI decision factor 1(b).

  3. Both decision factors 1(a) and 1(b) must be met for a substance to be added to the NPRI. Since 1(a) is not met for these substances, their nomination will be rejected.

  4. These substances were assessed to determine if they are “toxic,”11 but did not meet the criteria of section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999)8.

  5. A Significant New Activity Notice (SNAc) for these substances was published in 201112, 13. Should they re-enter commerce in Canada, Environment Canada will be notified, and addition to the NPRI can be reconsidered at that time.

Methyl eugenol
CAS RN: 93-15-2
Number in proposal: #3
Synonym: Benzene, 1,2-dimethhoxy-4-(2-propenyl)-		Rejection of the nomination
  1. This substance is not in commerce in Canada14, 15, 16 and therefore do not meet NPRI decision factors 1(a), 1(c) and 2.

  2. This substance is reasonably anticipated to be a human carcinogen2, which meets the health portion of NPRI decision factor 1(b).

  3. Both decision factors 1(a) and 1(b) must be met for a substance to be added to the NPRI. Since 1(a) is not met for methyl eugenol, its nomination will be rejected.

  4. Methyl eugenol was determined to be “toxic”11 according to the criteria of section 64 of CEPA 1999 on the basis that it may constitute a danger in Canada to human life or health due to its presence in personal care products, cosmetics and citronella oil personal insect repellents14, 17. It therefore meets the health concern portion of decision factor 1(b), but does not meet the environmental concern portion of 1(b).

  5. Health Canada will propose a phase out plan for personal insect repellents containing citronella oil, which contains methyl eugenol18.

  6. A SNAc for this substance was published in 201219, 20. Should it re-enter commerce in Canada, Environment Canada will be notified and addition to the NPRI can be reconsidered at that time.

Nitromethane
CAS RN: 75-52-5
Number in proposal: #4
Synonym: Methane, nitro-		Rejection of
the nomination
  1. This substance is not in commerce in Canada21, 22, 23 and therefore does not meet NPRI decision factors 1(a), 1(c) and 2.

  2. This substance is reasonably anticipated to be a human carcinogen2, which meets the health portion of NPRI decision factor 1(b).

  3. Both decision factors 1(a) and 1(b) must be met for a substance to be added to the NPRI. Since 1(a) is not met for nitromethane, its nomination will be rejected.

  4. Nitromethane was assessed to determine if it is “toxic”11, but did not meet the criteria of section 64 of CEPA 199921.

  5. The screening assessment report indicated that nitromethane would be considered for inclusion in Phase 2 of the Domestic Substances List Inventory Update (DSLIU2), but a decision was made not to include this substance. Should information become available that nitromethane re-enters or will re-enter commerce in Canada, Environment Canada can reconsider the addition of this substance to the NPRI.

Glycidol
CAS RN: 556-52-5
Number in proposal: #2
Synonym: oxiranemethanol		Defer decision pending additional information (results from section 71 notice and results of risk assessment, which are expected to be available in 2013)
  1. Glycidol is on the Domestic Substances List (DSL) and was therefore in commerce in Canada during 1984-1986. However, there is no current information on whether or not this substance is still in commerce in Canada.

  2. This substance is reasonably anticipated to be a human carcinogen2, which meets the health portion of NPRI decision factor 1(b).

  3. A CEPA section 71 notice was issued to collect data regarding manufacturing, import and use of this substance from Canadian industry24. The data will be used to assess glycidol to determine whether it meets the criteria of section 64 of CEPA 1999. The assessment report is expected to be published in 2013.

  4. The section 71 data and risk assessment results are necessary in order to evaluate this substance against the NPRI decision factors and to determine if glycidol should be considered for addition to the NPRI.

Phenolphthalien
CAS RN: 77-09-8
Number in proposal: #5
Synonym: Isobenzofuranone, 3,3-bis(4-hydroxyphenyl)-		Defer decision pending additional information (results from the DSLIU2 section 71 notice, which will be collected by September 4, 2013)
  1. Phenolphthalien is on the DSL and was therefore in commerce in Canada during 1984-1986. However, there is no current information on whether or not this substance is still in commerce in Canada.

  2. This substance is reasonably anticipated to be a human carcinogen2, which meets the health portion of NPRI decision factor 1(b).

  3. This substance is included in the CEPA 1999 section 71 notice for the DSLIU225. Data on the manufacture and import of substances, including phenolphthalien, is required to be reported to Environment Canada by September 4, 2013.

  4. The DSLIU2 data will indicate whether or not this substance is still in commerce in Canada and in what quantities, which will inform the evaluation of this substance against the NPRI decision factors to determine if phenolphthalein should be considered for addition to the NPRI.

Nitroarenes:

  • 1,6-Dinitropyrene
  • CAS RN: 42397-64-8
    Number in proposal: #7

  • 1,8-Dinitropyrene
  • CAS RN: 42397-65-9
    Number in proposal: #8

  • 6-Nitrochrysene
  • CAS RN: 7496-02-8
    Number in proposal: #9

  • 4-Nitropyrene
  • CAS RN: 57835-92-4
    Number in proposal: #10
Referral of the nomination to the stakeholder consultation process
  1. These four nitroarenes are not on the DSL and are therefore subject to the New Substances Notification Regulations (Chemicals and Polymers) reporting requirements26, 27. Data is not available on the current manufacture or import of these substances. However, they are incidentally manufactured and released by incomplete combustion processes2, which meets decision factors 1(a) and (c).

  2. PAHs as a class were assessed to determine if they are “toxic”11, were determined to meet the criteria of section 64 of CEPA 1999 and were added to the List of Toxic Substances28. However, the class of substances that was assessed did not include any PAHs derivatives29. The nitroarenes that are proposed for addition to the NPRI are PAH derivatives, which have not yet been assessed under section 64 of CEPA 1999.

  3. These four nitroarenes are reasonably anticipated to be a human carcinogens2, which meets the health portion of NPRI decision factor 1(b).

  4. 1,6-dinitropyrene and 1,8-dinitropyrene were originally considered for addition to the NPRI in 1999 but were dropped from consideration because of a lack of evidence supporting their addition30. Since that time, no further information regarding the manufacture and release of these substances has been obtained.

  5. There are 29 substances currently listed on Part 2 of NPRI, including 25 PAHs, three heterocyclic aromatic hydrocarbons (HACs)31 and one PAH derivative32. NPRI reporting criteria for PAHs are based on the incidental manufacture of PAHs.

  6. Based on carcinogenicity, incidental manufacture, and release, these substances are expected to meet NPRI decision factors 1 and 2 and should therefore be referred to consultations.

 

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[1]Proposal by the Canadian Environmental Law Association and Ecojustice to Add Ten Substances to the NPRI

[2]U.S. Department of Health and Human Services (2011). Report on Carcinogens. 12th Edition. [PDF 7.52 MB]

[3]U.S. Environmental Protection Agency (2010). Addition of National Toxicology Program Carcinogens, Final Rule

[4]Commission for Environmental Cooperation (2002). Action Plan to Enhance Comparability of Pollutant Releases and Transfer Registers [PDF 2.45MB]

[5]Environment Canada (2011). Modifying the National Pollutant Release Inventory – A Guide to the Procedures to Follow When Submitting Proposals and a Description of the Stakeholder Consultation Process

[6]This includes the incidental manufacture, process or other use of a substance as a by-product.

[7]The first two criteria [1(a) and 1(b)] are intended to be absolute, i.e., in order to be added to the NPRI, a substance must be manufactured, processed or otherwise used in Canada, and be of health and/or environmental concern.

[8]Environment Canada (2011). Screening Assessment for 53 Substances with High Hazard Potential on the Domestic Substances List

[9]Environment Canada (2006). Notice with respect to certain inanimate substances (chemicals) on the Domestic Substances List. Listed as “1,3-Propanediol, 2,2-bis(bromomethyl)-” and “Ethene, tetrafluro-”.

[10]The CEPA 1999 section 71 notice applied to any company that manufactured (including incidental manufacture) or imported a total quantity greater than 100 kg of these substances, whether alone, in a mixture, in a product or in a manufactured item during 2008. There were no reports of industrial activity (import or manufacture) with respect to these substances in Canada, above the reporting threshold of 100 kg, during 2008.

[11]“Toxic” is defined in terms of risks that substances pose to the environment or to human health, and substances are assessed using the criteria from section 64 of CEPA 1999. See www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=0DA2924D-1 for more information.

[12]Environment Canada (2011). Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of this Act applies to 53 substances.

[13]The significant new activities notice requires that information be reported to Environment Canada for any proposed activity involving more than 100 kg of the substance in a calendar year.

[14]Environment Canada and Health Canada (2010). Screening Assessment for the Challenge: Benzene, 1,2-dimethoxy-4-(2-propenyl)- (Methyl eugenol) Chemical Abstracts Service Registry Number 93-15-2.

[15]Environment Canada (2009). Notice with respect to Batch 9 Challenge substances. Listed as “Benzene, 1,2-dimethoxy-4-(2-propenyl)-”.

[16]The CEPA 1999 section 71 notice applied to any company that manufactured (including incidental manufacture) or imported a total quantity greater than 100 kg of methyl eugenol; or any company that used a total quantity greater than 1,000 kg of methyl eugenol, whether alone, in a mixture, in a product or in a manufactured item during 2006. In response to the notice, methyl eugenol was not reported to be manufactured in Canada in 2006, and a total of less than 100 kg was imported into Canada in 2006.

[17]Environment Canada (2010). Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999.

[18]Environment Canada and Health Canada (2010). Proposed Risk Management Approach for Benzene, 1,2-dimethoxy-4-(2-propenyl)-(Methyl eugenol).

[19]Environment Canada (2012). Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to four substances.

[20]The significant new activities notice requires that information be reported to Environment Canada for any proposed activity involving more than 100 kg of the substance in a calendar year.

[21]Environment Canada and Health Canada (2010). Screening Assessment for the Challenge Methane, nitro- (Nitromethane) Chemical Abstracts Service Registry Number 75-52-5.

[22]Environment Canada (2009). Notice with respect to Batch 8 Challenge substances. Listed as “Methane, nitro-”.

[23]The CEPA 1999 section 71 notice applied to any company that manufactured (including incidental manufacture) or imported a total quantity greater than 100 kg of nitromethane; or any company that used a total quantity greater than 1,000 kg of nitromethane, whether alone, in a mixture, in a product or in a manufactured item during 2006. In response to the notice, nitromethane was not reported to be manufactured at a quantity above the reporting threshold of 100 kg in 2006. Importation activities (whether alone, in a mixture, in a product or in manufactured items) were reported to be in the range of 100-1,000 eekg in 2006.

[24]Environment Canada (2009). Notice with Respect to Certain Inanimate Substances (Chemicals) on the Domestic Substances List. Listed as “oxiranemethanol”.

[25]Environment Canada (2012). Notice with respect to certain substances on the Domestic Substances List. Listed as “1(3H)-Isobenzofuranone, 3,3-bis(4-hydroxyphenyl)-”.

[26]New Substances Notification Regulations (Chemicals and Polymers) (SOR/2005-247).

[27]Any person who intends to import or manufacture a new substance (i.e., a substance that is not on the DSL) in Canada in a quantity of 1,000 kg or more per calendar year must submit a notification to the New Substances Program prior to importing or manufacturing the substance. However, the New Substances Notification Regulations requirements do not apply to the incidental manufacture of substances as by-products of the combustion of fossil fuels. See Section 3.3.4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

[28]Environment Canada and Health Canada (1994). Priority Substances List Assessment Report: Polycyclic Aromatic Hydrocarbons [PDF 297 KB].

[29]PAH derivatives are PAHs where an alkyl or other radical is introduced to the ring.

[30]Environment Canada (1999). Third Report of the National Pollutant Release Inventory Ad Hoc Work Group on Substances.

[31]Heterocyclic aromatic hydrocarbons (HACs) are PAHs where any one carbon atom in a ring is replaced by a nitrogen, oxygen, or sulphur atom. The three HACs currently listed on the NPRI are dibenz(a,h)acridine, dibenz(a,j)acridine and 7H-dibenzo(c,g)carbazole.

[32]1-nitropyrene.