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Notice of Objection

September 6, 2011

Robert J. Fensterheim
Executive Director
Chlorinated Paraffins Industry Association (CPIA)
1250 Connecticut Avenue, NW
Suite 700
Washington, DC. 20036
USA

Dear M. Fensterheim,

I am responding to the notice of objection and request for a board of review that you filed on November 19, 2008 regarding the proposed Order adding chlorinated paraffins (now referred to as chlorinated alkanes) to the List of Toxic substances in Schedule I of the Canadian Environmental Protection Act, 1999 (CEPA 1999), published in the Canada Gazette, Part I, on September 20, 2008.

I have carefully considered your submissions in the notice of objection.  I am of the view that your notice does not bring forth any new scientific data or information with respect to the nature and extent of the danger posed by chlorinated alkanes that warrant establishing a board of review.

I am of the view that the no new data or information challenges the foundation for the conclusion that chlorinated alkanes containing up to 20 carbon atoms have or may have a harmful effect on the environment or that chlorinated alkanes containing up to 17 carbon atoms constitute or may constitute a danger to human life or health, as detailed in the final follow-up assessment report that was released on August 30, 2008.  In other words, no points have been raised which change our understanding of the nature and extent of the danger posed by chlorinated alkanes containing 10 to 20 carbon atoms.  

However, new human health information relating to long-chain chlorinated paraffins (chlorinated alkanes) that have the molecular formula CnHxCl(2n+2-x) in which 18 ≤ n ≤ 38 has led to reconsideration of the conclusion reached regarding the danger posed to human health under paragraph 64(c) of CEPA 1999. More specifically, recent scientific information published after the 2008 final follow-up assessment support a conclusion that chlorinated alkanes that have the molecular formula CnHxCl(2n+2-x) in which 18 ≤ n ≤ 38, do not meet the criteria set out under paragraph 64(c) of CEPA 1999. An update of the human health assessment of long-chain chlorinated alkanes that have the molecular formula CnHxCl(2n+2-x) in which 18 ≤ n ≤ 38 which details this new information and the change in conclusion has been released on August 6, 2011, for a 60-day public comment period.

In light of all these considerations, I will not establish a board of review.

Please rest assured that the Government of Canada is committed to consulting with all stakeholders, such as your organization, and with the public on the development of risk management options, including regulations.  All issues raised in the context of these consultations will continue to be considered in an open and transparent way.

Further periods for comments as well as opportunities to file notices of objection will be provided, under the Act, following the publication of instruments for the preventive or control action of chlorinated alkanes, such as a proposed regulation.

I appreciate your bringing the Chlorinated Paraffins Industry Association’s concerns to my attention. I look forward to working with you in the future on matters of environmental or human health interest to your association.

Sincerely,

The Honourable Peter Ken, P.C., Q.C., M.P.

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