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ARCHIVED - CEPA 1999 Annual Report for April 2009 to March 2010

5 Controlling Toxic Substances (Part 5)

Part 5 of the Act includes specific provisions for data collection, assessment and management of new and existing substances in Canada. CEPA 1999 introduced a requirement for the Government to sort through, or "categorize," the substances on the Domestic Substances List (DSL). The categorization process identified substances that:

  • were suspected to be inherently toxic to humans or to the environment, and are persistent (take a very long time to break down) and/or bioaccumulative (collect in living organisms and end up in the food chain); or
  • present the greatest potential for exposure to Canadians.

As a result of the September 2006 completion of the categorization exercise, Environment Canada and Health Canada identified approximately 19 000 substances that needed no further action at that time and approximately 4300 chemical substances that needed further attention, such as screening assessments, research, or measures to control the use or release of the substance. These 4300 substances are being managed under the Government's Chemicals Management Plan. Activities under the Chemicals Management Plan include risk assessment, risk management, research and monitoring/surveillance.

5.1 Existing Substances

Through the Challenge under the Chemicals Management Plan, the Government committed to address the 200 highest-priority substances. These 200 substances have been divided up into a number of smaller groups or "batches" that are being addressed sequentially. Each batch of substances in the Challenge progresses through various information-gathering, screening assessment, management, and compliance promotion and enforcement (where appropriate) stages. Every three months, a batch of 12–20 substances is launched by publishing the names of these substances in the Canada Gazette, Part I, for a six-month call for information.

Screening assessments are conducted to assess whether substances meet one or more of the criteria in section 64 of the Act. The results of the screening assessments are published in draft form on the Chemical Substances website, and a notice is published in the Canada Gazette, Part I. The notice provides for a 60-day public comment period, during which interested parties can file written comments on the notice proposed by the ministers of the Environment and Health. After taking into consideration any comments received, the ministers may, if they deem it appropriate, make revisions to the screening assessment report.

Table 3 lists the assessment decisions that were published during the 2009-2010 reporting period, for a total of 215 existing substances. This includes draft and/or final assessment decisions for 100 substances in batches 4 through 9 of the Challenge, as well as assessment decisions for 115 other existing substances or groups of substances that were not part of the Challenge. Additional details on the draft and final assessment decisions for substances in batches 4 to 9 can be found in Appendix B of this report.

Table 3: Summary of existing substance assessment decisions published from April 2009 to March 2010
Substances or Number of SubstancesBatch Launch DateType of AssessmentMeet s. 64 CriteriaProposed MeasureDraft Notice*Final Notice*
18 Substances2007 Nov. 11Screening – Batch 4Yes for 3 substances; no for 13 substancesAdd to Schedule 1 for 3 substances, including VE for 1 substance; NFA for 13 substances; including SNAcs for 5 substances; further Screening Assessment for 2 substances2009 Jan. 242009 Aug. 01
19 Substances2008 Jan. 16Screening – Batch 5Yes for 2 substances; no for 17 substancesAdd to Schedule 1 for 2 substances; NFA for 17 substances including SNAcsfor 2 substances2009 Feb. 212009 Aug. 22
18 Substances2008 May 31Screening – Batch 6Yes for 1 substance; no for 17 substancesAdd to Schedule 1 for 1 substance; NFA for 17 substances including SNAcsfor 11 substances2009 May 302009 Nov. 28 (for 14 of the 18 substances)
14 Substances2008 Aug. 30Screening – Batch 7Yes for 3 substances; no for 11 substancesAdd to Schedule 1 for 3 substances; NFA for 11 substances including SNAcsfor 9 substances2009 Sept. 052010 Mar. 06
14 Substances2009 Jan. 31Screening – Batch 8Yes for 4 substances; no for 10 substancesAdd to Schedule 1 for 4 substances; NFA for 10 substances including SNAcsfor 4 substances2010 Jan. 30 
17 Substances2009 Mar. 14Screening – Batch 9Yes for 5 substances; no for 12 substancesAdd to Schedule 1 for 5 substances; NFA for 12 substances including SNAcsfor 5 substances2010 Mar. 20 
6 Pesticidesn/aPilotNo for 6 substancesNFA for 6 substances including SNAcs for 6 substances2007 June 232009 Aug. 08
104 Organotinsn/aPSLYes for 8 substances; no for 96 substancesAdd to Schedule 1 for 8 substances; NFA for 96 substances2007 Apr. 212009 Aug. 08
Phenol, 2-methyl-4,6-dinitro-n/aPilotNo for 1 substanceNFA for 1 substance2007 June 232009 Nov. 28
Phenol, 2,2'-methylenebis[6-(1,1-dimethylethyl)-4-methyl-n/aPilotNo for 1 substanceNFA for 1 substance2007 June 232009 Nov. 28
Aluminum chloride,
aluminum nitrate and
aluminum sulphate
n/aPSLNo for 3 substancesNFA for 3 substances2009 Feb. 072010 Jan. 23

(NFA = no further action; PSL = First Priority Substances List; PSL = Second Priority Substances List; SNAc = Significant New Activity Notice; VE = virtual elimination)

* The dates are those on which the draft and final notices were published in the Canada Gazette, Part I.

5.1.1 Risk Management

For chemical substances that have been found to meet the definition of toxic after assessment, or for those strongly suspected of being dangerous, steps are taken to control their use and prevent, reduce or eliminate their release into the environment. This is known as "risk management." Risk management instruments include regulations, pollution prevention plans and codes of practice. These instruments can be developed for any aspect of the substance's life cycle, from the research and development stage through manufacture, use, storage, transport and ultimate disposal or recycling.

In addition to the risk management instruments for which activity occurred during the reporting period (described in this section), six risk management instruments were under development to address high-priority substances under the Challenge, and 27 instruments are under development or being amended to control non-Challenge substances. Addition of Substances to Schedule 1

Along with the results of the screening assessment, the ministers must publish in the Canada Gazette their final decision as to whether they propose to recommend that the substance be added to Schedule 1 or added to the Priority Substances List for further assessment, or whether they recommend that no further action be taken in respect of the substance.

If a screening assessment shows that a substance meets one or more of the criteria in section 64, the ministers may decide to propose that the substance be added to Schedule 1 of the Act. This recommendation is made to the Governor in Council. The substance will only be formally added to Schedule 1 once the Governor in Council approves an order specifying its addition. The addition of substances to Schedule 1 of CEPA 1999 obliges the ministers to develop risk management instruments.

Table 4 lists the substances or groups of substances that were proposed to be added to Schedule 1 of CEPA 1999 (the List of Toxic Substances) in 2009-2010. No substances were formally added to Schedule 1 from April 2009 to March 2010.

Table 4: Proposed orders adding substances to Schedule 1 of CEPA 1999
from April 2009 to March 2010
Draft Order*
Tributyltins2009 Oct. 03
Tetrabutyltins2009 Oct. 03
Thiourea2009 May 16
1,3-Butadiene, 2-methyl-2009 May 16
Phenol, 4,4'-(1-methylethylidene)bis-2009 May 16
Oxirane, (chloromethyl)-2009 May 16
Cyclopentasiloxane, decamethyl-2009 May 16
Cyclotetrasiloxane, octamethyl-2009 May 16
Phenol, 2,4,6-tris(1,1-dimethylethyl)-2009 May 16
C.I. Pigment Yellow 342009 May 16
C.I. Pigment Red 1042009 May 16
Ethanol, 2-methoxy-, acetate2009 May 16
Ethanol, 2-(2-methoxyethoxy)-2009 May 16
1-Propanol, 2-methoxy-2009 May 16
2-Naphthalenol, 1-[(4-methyl-2-nitrophenyl)azo]-2009 May 16
3 Batch 4 substances2009 Oct. 03
Sulfuric acid, diethyl ester2009 Oct. 03
Sulfuric acid, dimethyl ester2009 Oct. 03
Benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene2009 Oct. 03
2-Propenamide2009 Oct. 03
Ethanol, 2-chloro-, phosphate (3:1)2009 Oct. 03
Benzene, (chloromethyl)-2010 Feb. 27

* The dates are those on which the draft orders were published in the Canada Gazette, Part I. Significant New Activity Notices

In 2009-2010, Notices of Intent to apply Significant New Activity Notices were published for 26 substances, and final orders were published for 23 substances (Table 5). A person who intends to use, manufacture or import any of these substances for a significant new activity in quantities exceeding 100 kilograms (kg) per year must provide prescribed information prior to initiating the new activity so that the Government may assess the substance.

Table 5: Significant New Activity Notices for existing substances from April 2009 to March 2010
Substances or Number of Substances
Notice of Intent*Final Order*
Batch 24 substances2008 May 242009 May 27
Batch 45 substances2009 Jan. 242009 Aug. 19
Organotins2 substances2007 Apr. 212009 Aug. 19
Pesticides6 substances2007 June 232009 Aug. 19
Batch 5Ethanol,2[[4-[(2,6-dichloro-4-
2009 Feb. 212009 Sept. 16
Batch 5Acetamide, 2-chloro-2009 Aug. 22Pending
Batch 63 substances2009 Nov. 28Pending
Batch 68 substances2010 Mar. 6Pending
Batch 75 substances2009 Sept. 52010 Mar. 31
Batch 84 substances2010 Jan. 30Pending
Batch 95 substances2010 Mar. 20Pending

* The dates are those on which the notices of intent and final orders were published in the Canada Gazette, Part I and Part II, respectively. Note that registration of final orders usually occurs before the order is published. Regulations

Table 6 lists the proposed and final regulations published under Part 5 of CEPA 1999 in 2009-2010.

Table 6: Regulations from April 2009 to March 2010
Draft Notice*Final Order*
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations 2009 July 8
Volatile Organic Compound (VOC) Concentration Limits Architectural Coatings Regulations 2009 Sept. 30
Regulations Amending the Benzene in Gasoline Regulations2009 Aug. 8 
Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations 2009 June 24

* The dates are those on which the draft notice and final orders were published in the Canada Gazette, Part I and Part II, respectively. Note that registration of final orders usually occurs before the order is published.

Chlorinated Paraffins

A consultation document was published to encourage discussion and give interested and affected parties an opportunity to provide input on the proposed risk management for chlorinated paraffins. Pollution Prevention Planning

The provisions within Part 4 of the Act allow the Minister of the Environment to require designated persons to prepare, implement and report on pollution prevention (P2) plans for toxic substances. P2 planning notices provide the flexibility for industry to determine the best methods within their processes and activities to meet the risk management objective within the notice.

In 2009-2010, six active P2 planning notices managed 18 substances found on Schedule 1 and affected 229 facilities across Canada, including one new P2 planning notice regarding mercury in dental amalgam.

Dental Amalgam

On April 18, 2009, a proposed P2 planning notice under CEPA 1999 was published in the Canada Gazette, Part I, outlining requirements for the owners and/or operators of certain dental facilities to prepare and implement P2 plans in respect of mercury releases from dental amalgam waste.

The notice applies to dental facilities that have not implemented all of the best management practices set out in Appendix A of the notice, or in the Memorandum of Understanding Respecting the Implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste between the Canadian Dental Association and Environment Canada for the voluntary implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste. The final notice was expected to be published in the spring of 2010.

Mercury Releases from Mercury Switches in End-of-Life Vehicles

This notice applies to certain vehicle manufacturers and steel mills, and required preparation of a P2 plan by July 2008. The risk management objective is to reduce releases of mercury to the environment through participation in a mercury switch management program. Interim progress reports were submitted in 2009 to Environment Canada. All reporting companies indicated that a total of 64 011 switches were collected in 2008, the first year of the switch collection program. This represented a capture rate of 19.7%. Environment Canada published a progress report outlining the results of the switch recovery program.

Base Metal Smelters and Refineries, and Zinc Plants

This notice applies to 11 facilities. Nine of these facilities are also subject to 2008 and 2015 annual limit targets for air releases of sulphur dioxide and PM . In addition, one of these nine facilities is subject to a 2008 annual limit target for mercury, and another facility is subject to a 2008 annual limit target for dioxins and furans. In 2009-2010, Environment Canada received annual interim reports from the facilities. Analysis of the 2008 data submitted by facilities indicates the following:

  • In 2008, facilities reported overall reductions of 15% for sulphur dioxide, 40% for PM , 38% for mercury, 11% for arsenic, 43% for cadmium, 9% for lead and 54% for nickel, compared with 2005 releases.

  • Over the same period, total releases of dioxins and furans increased by 61% or from 1.07 grams (g) per year in 2005 to 1.72 g/year in 2008. Two reasons explain the increases in dioxins and furans releases: (1) in 2005 releases were lower than their historical levels because of reduced production, whereas in 2008 production returned to historical levels, and (2) in 2008 the processing of recyclables increased.
Textile Mills that Use Wet Processing

As of March 31, 2010, 44 textile mills that are subject to this notice were still in operation in Canada. This number was 63 in 2005, when the P2plan was being developed. The significant reduction in the number of facilities is primarily the result of economic factors.

This P2 notice includes the following risk management objectives:

  • reduce annual use of nonylphenol and its ethoxyl derivatives by at least 97% by 2009, relative to the annual use in 1998; and
  • reduce the toxicity of the effluent in such a way that at least 13% of the volume of sample effluent is required to inhibit 50% of exposed organisms (inhibition concentration of 50% of the value of 13% or more), by 2009.

Mills had until March 1, 2010, to provide a written declaration indicating that a P2 plan had been successfully implemented. Analysis of the interim progress reports submitted by the mills indicates that the use of nonylphenol and ethoxy nonylphenols had significantly decreased by 2005 (reduction of 94%). By March 2010, reduction was 100%. As well, the data appear to indicate that between 2005 and 2010 the toxicity of textile mill effluents was reduced. However, it is not yet possible to determine whether risk management objectives have been reached. More in-depth analyses are currently under way.

Nonylphenol and its Ethoxylates Contained in Products

This notice applies to certain persons or facilities that manufacture or import soap and cleaning products, or processing aids used in the wet textile industry or pulp and paper industry. Phase 1 sets a reduction target of 50% from base-year levels (typically 1998), of the total mass of nonylphenol and nonylphenol ethoxylates used in the manufacturing of products or imported annually. Phase 2 sets a target of 95% reduction from base-year levels of the total mass used in the manufacturing of products or imported annually.

As of March 31, 2010, 75 facilities had declared that they had prepared and were implementing a P2 plan. In 2010, interim progress reports were received along with 11 submissions declaring that their facility had fully implemented their P2 plan. Analysis of these reports indicates that the annual use of nonylphenol and nonylphenol ethoxylates in manufacturing was reduced to 208 000 kg in 2009 (a 90% reduction from 1998 base year) and imports were reduced to 144 000 kg in 2009 (an 83% reduction from 1998 base year).

Inorganic Chloramines and Chlorinated Wastewater Effluents

This notice applies to owners or operators of certain wastewater systems. The risk management objective is to achieve and maintain a concentration of total residual chlorine that is less than or equal to 0.02 milligrams per litre in the effluent released to surface water, by December 15, 2009.

As of March 31, 2010, 84 facilities had declared that they had prepared and were implementing a P2 plan. Eleven of the 84 facilities declared that they had already fully implemented their P2 plan. The remaining facilities had until June 15, 2010, to submit their declarations. Environmental Performance Agreements
Perfluorinated Carboxylic Acids (PFCAs)

Environment Canada, Health Canada and participating companies signed an Environmental Performance Agreement respecting PFCAsand their precursors in perfluorinated products sold in Canada, on March 30, 2010. A copy of the final agreement is available on the Environmental Performance Agreements website.

Hydrochlorofluorocarbons (HCFCs)

Environment Canada entered into a "Performance Agreement Concerning the Production of Hydrochlorofluorocarbons in Canada" with E. I. DuPont Canada Company. This performance agreement came into effect on January 1, 2010. As a result, DuPont agreed to limit its annual production level of HCFCs in Canada to no more than 122.9 ozone-depleting potential tonnes, which represents 15% of Canada's baseline production level (or an 85% reduction). This is well below the 75% reduction required by the Montreal Protocol on Substances that Deplete the Ozone Layer. Use of Monitoring and Surveillance to Measure Performance of Risk Management Activities

The Chemicals Management Plan Monitoring and Surveillance Program collects data on concentrations of 154 environmental contaminants in environmental media at locations across Canada. Environmental media include surface water, sediment, air, aquatic biota and wildlife. Wastewater treatment influent, effluent and biosolids as well as landfill leachate and gas are also monitored at select locations chosen to represent a range of input and treatment system types.

The program has collected data on PBDEs , perfluorinated compounds (including PFOS and PFCAs), bisphenol A and metals in relevant media in order to provide measured environmental data for risk assessment and risk management decision making. Development of analytical methods will also allow for future monitoring of several substances for which recent risk assessments have been published including: siloxanes D4 and D5 , BNST (a substituted diphenylamine used as an engine oil antioxidant) as well as 2,4,6-TTBP and DTBSBP (two alkylphenols also used as antioxidants). Collection of data on these substances will establish baseline information and ultimately allow for the analysis of temporal trends--a key element of measuring the performance of risk management activities. Substance-specific Risk Management Results

Various initiatives have resulted in significant changes in the global use of PBDEs since 2001. The use of the penta-BDE and octa-BDE commercial mixtures has been phased out internationally and in Canada since 2006, and deca-BDE will be phased out in the United States by 2013. PBDEs show evidence of a decline in environmental media sampled through the Chemicals Management Plan Environmental Monitoring and Surveillance Program that is consistent with Canadian and international risk management actions and industry phase-outs. Analysis of archived fish and wildlife samples from Lake Ontario demonstrate that levels of tetra-, penta- and hexa-PBDEs in fish and wildlife in this area showed a marked increase beginning in the early 1980s. However, in recent years, they show a decreasing trend that seems to coincide with the voluntary and regulatory phase-out of the use of penta and octa commercial formulations. In contrast, sediment core data from the Lake Ontario show a rapid increase in accumulation of deca-BDE over the period between the mid-1980s and the late 1990s, with a decline starting in the early 2000s.

As the remaining PBDE commercial mixture is phased out and products containing PBDEs are no longer in commerce, the quantity of new PBDEs entering the environment will decrease. Regulatory controls proposed in August 2010 covering all three commercial mixtures and products containing them should reduce the amount of PBDEs , including deca-BDE , entering the environment in Canada. Further environmental declines of PBDEsare therefore expected; however, PBDEs will remain in the environment for many years to come because of their persistent nature.

5.1.2 Changes to the Domestic Substances List

By Ministerial Order published on December 23, 2009, 484 substances were deleted from the DSL, as they did not meet the statutory criteria for inclusion in the List. On the same date, those substances were added to the Non-Domestic Substances List, as they were in commercial use in other countries. This means that these substances will be subject to the New Substances Notification Regulations if any person intends to manufacture them or import them into Canada.

5.2 New Substances

Substances that are not on the DSL are considered to be new to Canada. New substances may not be manufactured in or imported into Canada unless Environment Canada has been notified with certain prescribed information, and the potential risk to the environment and human health has been assessed, or the period for assessing the information has expired. New substances include living organisms; reporting on living organisms is included in Part 6 of this report.

In 2009-2010, 503 new substance notifications were received pursuant to the New Substances Notification Regulations (Chemicals and Polymers). Of these, the Minister issued 22 Significant New Activity Notices (Table 7), 3 Ministerial Conditions (Table 8) and no prohibitions.

Of the 503 notifications, 67 related to chemicals or polymers intended solely for use in Food and Drugs Act products. In 2009-2010, three Significant New Activity Notices were published in relation to these substances. In 2009-2010, Health Canada co-sponsored a workshop on pharmaceuticals and personal care products being released in the Canadian environment. The workshop assessed the current state of Canada's analytical science research on these products in government, academia and industry laboratories. The principal focus of the workshop was to help standardize analytical methods in Canada, set a priority list of pharmaceuticals and personal care products for monitoring, and develop a web portal that government, academia and industry can use to collaborate, communicate, increase process efficiencies and exchange knowledge.

In March 2010, Health Canada and Environment Canada hosted the Workshop on the Human and Environmental Risk Assessment of Nanomaterials, to provide an open forum for detailed dialogue on nanomaterials among science evaluators, research scientists and regulators. The workshop, attended by 25 international experts, was designed to be complementary to the work of the Organisation for Economic Co-operation and Development Working Party on Manufactured Nanomaterials, and followed from the Workshop on Risk Assessment in a Regulatory Context that took place in September 2009 in Washington, D.C.

Table 7: Significant New Activity Notices for new substances from April 2009 to March 2010
Final Notice*
2-Propenoic acid, 2-alkyl-, oxiranylmethyl ester, polymer with ethenylbenzene, 4-hydroxybutyl 2-propenoate, 2-methylpropyl 2-propenoate and rel-(1R,2R,4R)-1,7,7-trimethylbicyclo[2.2.1]hept-2-yl 2-propenoate, bis(1,1-dimethylpropyl) peroxide-initiated2009 Apr. 04
Organic silicone intermediate2009 Apr. 18
2-Propenoic acid, 2-methyl-, methyl ester, polymer with hydrolyzed poly(vinyl acetate) and polyfluorooctyl acrylate2009 Apr. 18
Siloxanes and silicones, 3-[(2-aminoethyl)amino]-2-methylpropyl Me, di-Me, polymers with Me silsesquioxanes, hydroxy-terminated2009 May 02
Butanedioic acid, 2,3-dihydroxy-, mixed alkyl and isoalkyl diesters, (2R,3R)-rel-2009 May 16
Butanedioic acid, 2,3-dihydroxy-, mixed alkyl diesters, (2R,3R)-rel-2009 May 16
Dimethyl-2-methyl glutarate2009 June 27
Vanadium carbide (VC)2009 June 27
Living organism b/h PIV3/RSV F22009 July 25
Oleic acid, compound with alkaneamine2009 Aug. 22
Benzoic acid, 2-hydroxy-, 2-butyloctyl ester2009 Aug. 22
Tungsten carbide (W2C)2009 Sept. 05
Fatty acids, C12-16, Me esters, reaction products with ethoxylated diamides from C12-16 fatty acids and ethylenediamine, sulfates (esters), sodium salts2009 Oct. 24
Hexane, 1,6-diisocyanato-, homopolymer, polyethylene glycol mono-Me ether- and perhalo-1-alkanol blocked2009 Nov. 28
2-Propenoic acid, 2-methyl, alkyl ester, polymer with 1,1-dichloroethene, alkyl 2-methyl-2-propenoate and perfluoroalkyl 2-methyl-2-propenoate2009 Nov. 28
Alkyl dioic acid, polymer with carbonic dichloride and carbopolycyclic diol, substituted phenyl ester2009 Dec. 26
Cyclopentane, 1,1,2,2,3,3,4-heptafluoro-2010 Feb. 06
Organism the Cassie line of transgenic Sus scrofa domestica2010 Feb. 20
Benzenamine, N-ethyl-N-[2-[1-(2-methylpropoxy)ethoxy]ethyl]-4-(2-phenyldiazenyl)-2010 Feb. 20
Poly(oxy-1,2-ethanediyl), α-[2(or 4)-(tetrapropenyl)phenyl]-ω-hydroxy-2010 Mar. 20
Living organism Actinosynnema pretiosum strain 3-4592010 Mar. 20
Silica gel, fluorinated2010 Mar. 27

*The dates are those on which the final notices were published in the Canada Gazette, Part I.

Table 8: Notices of Ministerial Conditions for new substances from April 2009 to March 2010
Final Notice*
Poly[oxy(methyl-1,2-ethanediyl)], α-sulfo-ω-hydroxy-, branched alkyl ethers, sodium salts2009 July 18
1-Butanol, 2,2-bis[(2-propenyloxy)methyl]-, polymer with 1,1,3,3-tetramethyldisiloxane, 3-(2-hydroxyalkoxy)propyl-terminated2009 Dec. 05
1,3-Propanediol, 2-methyl-, reaction products with alkylmercaptans2010 Feb. 06

* The dates are those on which the final notices were published in the Canada Gazette, Part I.

5.3 Export of Substances

The Act allows the Ministers to establish an Export Control List containing substances whose export is controlled because their use in Canada is prohibited or severely restricted, or because Canada has agreed through an international agreement, such as the Rotterdam Convention, to control their export. The Governor in Council may, on recommendation of the Ministers, make regulations regarding substances specified on the Export Control List.

A total of 67 notices of export were received from April 2009 to March 2010.

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