Proposed risk management instruments for mercury-containing products

Consultation document

Environment Canada

December 2007

Table of contents

• 1.0 Introduction
  • 1.1 Objectives of consultation
  • 1.2 Consultation document
• 2.0 Product specific background information
  • 2.1 Batteries
  • 2.2 Thermometers and other measuring devices
  • 2.3 Thermostats
  • 2.4 Dental amalgam
  • 2.5 Switches and relays
  • 2.6 Lamps
  • 2.7 Tire balancing products
  • 2.8 New and other mercury-containing products
• 3.0 Proposed risk management instruments
  • 3.1 Prohibition of consumer products containing mercury
  • 3.2 Limits for lamps
  • 3.3 Pollution prevention planning notice for dental amalgam waste
• 4.0 Environmental and health impacts
• 5.0 Economic considerations
• 6.0 International actions
• 7.0 Waste issues
• 8.0 End of life management
• 9.0 Reporting
• 10.0 Next steps
• Appendix A - Risk management strategy for mercury-containing products
• Appendix B - Response to comments
• Appendix C - General overview of international risk management actions on mercury-containing products
  • C-1 Batteries
  • C-2 Measuring and medical devices
  • C-3 Dental amalgam
  • C-4 Switches and relays
  • C-5 Lamps and electronic/electrical devices
  • C-6 Other

1.0 Introduction

Mercury use and impacts

Mercury is a naturally occurring element that can be released to the atmosphere from natural sources or through human activities. Mercury is a well-known, persistent, bioaccumulative neurotoxin that is still used in some everyday products, such as thermometers, compact fluorescent lights, and batteries. Although the mercury content of these products may not pose a significant risk during normal use, the mercury can escape when products are broken or when products are disposed at the end of their useful life. Mercury from products can enter the environment and become part of the global mercury cycle. Once in the atmosphere mercury can remain airborne for long periods of time and be deposited around the world.

Mercury in the environment can transform, through biological activity, into a highly toxic organic substance called methylmercury. Methylmercury builds up in living organisms through their surrounding environments and is concentrated as it transfers up the food chain. Almost all mercury compounds are toxic and can be harmful at very low levels in both aquatic and terrestrial ecosystems. Human exposure to mercury can cause brain, nerve, kidney, and lung damage and in extreme cases coma or death. Children exposed to mercury while in the womb can experience developmental difficulties.^Footnote 1

While instruments are in place or in development to address several sources in Canada, the use of mercury in products continues and has left a legacy of mercury in landfills and homes.

In 2003 approximately 10 tonnes of mercury was used in products imported and manufactured in Canada, while about one quarter of domestic atmospheric mercury emissions were attributable to end-of-life mercury-containing products.

The table below provides an overview of products considered in the development of the Risk Management Strategy (RMS) for mercury-containing products^Footnote 2 as potential candidates for risk management instruments.

Background information and proposed risk management measures for each product are detailed in sections 2.0 and section3.0 respectively.

Canadian Environmental Protection Act, 1999

The Canadian Environmental Protection Act, 1999 (CEPA) is focused on pollution prevention and the protection of the environment and human health in order to contribute to sustainable development. Mercury is on the List of Toxic Substances in Schedule 1 of CEPA as it is a toxic and persistent metal with significant adverse effects on the environment and human health. The Ministers of Environment and Health have the authority under the act to control the entry of Schedule 1 substances into the environment throughout their lifecycle.

Risk management process to date

On December 20, 2006 Environment Canada published a Risk management strategy (RMS) for mercury-containing products as a component of the Government of Canada Chemicals Management Plan. The RMS^Footnote 3 considers options for the management of mercury use in a wide range of products. The risk management objective of the strategy is to reduce mercury releases to the environment from consumer products to the lowest possible level.

The strategy outlines in general terms the use of mercury in Canada, potential effects of exposure and options available to Environment Canada to prohibit or limit the use of mercury in products. The strategy identifies a regulation under CEPA as the best option for managing mercury use in products. Several complementary instruments, such as pollution prevention plans, are also identified as viable options.

Specific actions under the proposed regulation could include prohibiting or limiting mercury use in products, controlling imports or exports where necessary, setting labelling requirements and controls on product disposal.

Stakeholders were advised of the publication and the document was available for public comment until March 31, 2007. Numerous comments were received during the consultation period and taken into consideration during the development of this document. A response to comments is provided in Appendix B of this consultation document.

Mercury-containing products: risk management instruments and exemptions

In developing and evaluating the proposed regulatory approach, Environment Canada has endeavoured to conduct a comprehensive analysis of all lifecycle stages for each product. In weighing the risks and benefits of each product it was concluded that the proposed regulation will prohibit the manufacture, import and sale of all mercury-containing products with the possibility of exemptions for:

• products that are prohibited under other regulatory instruments
• products whose benefits significantly outweigh their potential risks to the environment and human health
• products that have critical applications and have no alternative mercury-free replacements

Current information indicates that mercury-containing lamps and dental amalgam should be exempt from prohibition. The following table provides the rationale for exemption:

In addition, significant progress has been made in managing mercury from dental amalgam waste and reducing the amount of mercury in CFLs under the Canada-wide standards process.

Exemptions to the proposed prohibition regulation may be subject to alternative risk management instruments such as regulated quantity limits, pollution prevention planning notices, labeling, reporting and waste disposal guidelines. Instruments proposed to address the current exemptions include a pollution prevention notice for dental amalgam waste and regulated content limits for fluorescent lamps. These instruments may also incorporate labeling and reporting protocols. All proposed instruments are discussed in detail in section 3.0.

1.1 Objectives of consultation

Environment Canada is committed to ensuring that all initiatives aimed at developing risk management measures include a process of meaningful and effective consultation with stakeholders. In keeping with this commitment, the department is planning multi-stakeholder consultation sessions to take place in Toronto and/or Vancouver in early 2008. The purpose of the upcoming consultation sessions and this consultation document is to:

• invite all stakeholders to provide their comments on the proposed risk management instruments
• provide an opportunity for stakeholders to raise awareness of their concerns, to offer suggestions, discuss, and comment on the development of the proposed risk management instruments
• provide an opportunity for stakeholders to contribute to the development of recommendations
• ensure that Environment Canada representatives clearly address any stakeholder questions or concerns on the proposed risk management instruments

1.2 Consultation document

Environment Canada has prepared this consultation document to inform stakeholders of the key elements of its proposed risk management measures. Its purpose is to provide focus and guidance to the consultation process.

In soliciting final input from stakeholders, Environment Canada has posted a copy of this discussion paper on the CEPA Environmental Registry website^Footnote 4 and distributed it by e-mail and regular mail to all known Canadian stakeholders, including representatives from other federal departments; provincial, territorial, and municipal governments; industry; environmental groups; and public advocacy groups.

Environment Canada will review all written responses received prior to drafting and publishing the proposed instrument provisions in the Canada Gazette, Part I. Environment Canada welcomes the addition of contacts who were not previously involved in the stakeholder consultations, and the distribution of this document to other potential stakeholders.

2.0 Product specific background information

2.1 Batteries

Background:

North American battery manufacturers stopped using mercury in alkaline batteries and discontinued production of mercuric oxide batteries in 1996. Other battery types such as manganese alkaline, silver oxide, zinc oxide, zinc air and zinc carbon cells may contain small amounts of mercury. Button cells can contain between 5 and 25 milligrams of mercury per unit. Currently the only types of batteries for which alternatives are not readily available are button cell batteries that consist of the type found in wrist watches, hearing aids and calculators. However, manufacturers are developing new mercury free button cell batteries which are expected to be widely available in the next 5 years.

At the current time all batteries used in Canada are imported as there are no domestic manufacturing facilities. The total quantity of mercury used in Canada in button cell batteries in 2004 was approximately 500kg and up to 380kg of mercury was imported in mercuric oxide batteries in 2003, 94% of these mercuric oxide battery imports originated in China. The total amount of mercury used in batteries remains unclear as it is not certain if manufacturers of batteries imported from outside of North America have eliminated mercury use in alkaline batteries. The amount of mercury used in batteries also can vary quite significantly; for example, the mercury content of mercuric oxide batteries can range from 30-50% mercury by weight.

Manufacturers have largely stopped designing equipment that requires mercuric oxide batteries. However, the shelf life of mercuric oxide batteries is up to ten years and they may remain in stocks for many years for use in older equipment. Mercuric oxide batteries are generally used in specialized equipment such as medical devices in hospitals and military equipment.

Alternatives:

Commercially viable replacements for alkaline-manganese and zinc-carbon mercury-containing batteries are currently available. However, the few mercury free replacements for button cell and zinc oxide batteries that are commercially available are generally considered to have reduced performance at a significant cost increase. The use of large mercuric oxide batteries is expected to decline rapidly as older hospital and military equipment become obsolete while smaller mercuric oxide batteries can be replaced by alternative battery types.

Existing risk management measures:

Currently there are no measures in place to manage the use of mercury in batteries in Canada. In 1996 the addition of mercury to alkaline batteries was made illegal in the US under federal battery legislation^Footnote 5 which resulted in a significant decrease in the amount of mercury used in batteries imported from US manufacturers.

As well as the US, other jurisdictions in the European community have implemented instruments to prohibit mercury contain batteries as well as recover end of life batteries. See Appendix C for specific international risk management measures in place for mercury-containing products.

2.2 Thermometers and other measuring devices

Background:

Mercury is a good conductor of electricity and reacts predictably to temperature and pressure changes; it has therefore been used in a variety of different measuring devices. Mercury-containing measuring and control instruments are diverse and include thermometers, manometers, barometers, sphygmomanometers, psychrometers / hygrometers, hydrometers, flow meters and flame sensors among others. It was estimated that over 350Kg of mercury was used in thermometers and other measuring devices in Canada in 2003.

Alternatives:

All measuring devices mentioned in the above section have viable alternatives that, in many cases, offer cost savings or improved performance.

Existing risk management measures:

Currently no domestic legislation exists to address the use of mercury in measuring devices. Jurisdictions in the US and European community have focused on prohibition instruments and labelling to manage use mercury in measuring devices. See Appendix C for specific international risk management measures in place for mercury-containing products.

2.3 Thermostats

Background:

Thermostats are classified as temperature measuring devices, however, the mercury in thermostats is used in a switch that typically contains 3-4g of mercury. A single thermostat may contain more than one switch. Although there is a decreasing trend in the use of mercury-containing thermostats in favour of digital thermostats, significant use of the mercury-containing thermostats continues in Canada. In 2003, an estimated 880kg of mercury was used in thermostats in Canada.

Alternatives:

Mercury-containing thermostats can be viably substituted by digital thermostats. In most cases, a programmable digital thermostat can also encourage energy savings. Presently some manufacturers have programs to take back old mercury-containing thermostats in order to reuse components in new products.

Existing risk management measures:

Currently no domestic legislation exists to address the use of mercury in thermostats. Jurisdictions in the US and European community have focused on prohibition and end of life management instruments. See Appendix C for specific international risk management measures in place for mercury-containing products.

2.4 Dental amalgam

Background:

Dental amalgam is a mixture of metals that has been used for dental restorations for well over a century. The metal mixture in commonly used “silver fillings” can consist of up to 50% mercury by weight. Current evidence does not indicate that mercury, in the form of amalgam, is a risk to human health in the general population^Footnote 6. However, over time mercury from amalgam waste may convert in lakes and waterways to the highly toxic form of methylmercury. Dental amalgam waste should therefore be captured and recovered in order to prevent the release of mercury to the environment.

In September 2001, the Canadian Council of Ministers of the Environment (CCME) endorsed the Canada-wide standard (CWS) on mercury for dental amalgam waste. The standard calls for the application of best management practices to achieve a 95% national reduction in mercury releases from dental amalgam waste discharges to the environment, by 2005, from a base year of 2000. Best management practices include the installation, use and maintenance of an ISO certified amalgam separators, or equivalent, by those dental practitioners generating amalgam wastes.

Progress reports on the CWS were conducted in 2004 and 2007 based on extensive surveys* of Canadian dentists. Results were as follows:

*(Watson et al., 2004 & 2007)

The 2007 progress report also indicates that, of the 2703 kg of amalgams removed from teeth by dentists, only 452kg would enter wastewater as a result of the use of amalgam separators; this could be reduced to 18kg if all dentists used separators.

Alternatives:

There are several alternatives to dental amalgam including cast gold, bonded amalgam, dental ceramics and composite resins. However there are concerns regarding the alternatives including higher costs and lack of suitability for certain procedures. Amalgams are also very durable, relatively fast and easy to place, and can often be repaired.

Existing risk management measures:

Currently there is a Canada-wide standard (CWS) on mercury for dental amalgam waste which is supported by a memorandum of understanding (MOU) between Environment Canada and the Canadian Dental Association. The MOU describes additional best management practices including the use of certified hazardous waste carriers for recycling or disposal of captured amalgam waste. In addition a number of municipalities have instituted sewer use bylaws to limit the amount of mercury discharged to wastewater.

International jurisdictions have developed codes of practice, guidelines and end of life management instruments to manage mercury from dental amalgam waste. A variety of other instruments have also been used and there is no preferred instrument option. See Appendix C for specific international risk management measures in place for mercury-containing products.

2.5 Switches and relays

Background:

The most common type of mercury-containing switch used in products in Canada is the tilt switch. A tilt switch is a mechanical switch that is activated when it changes position. They are commonly used in applications that require activation upon opening such as lights in chest freezers and clothes washers. Float switches and temperature switches may also contain mercury; float switches are commonly used in bilge pumps on pleasure boats.

A mercury-wetted reed relay has a set of contacts “wetted” with mercury contained inside a glass tube. The contacts open or close when an electric current is passed through a coil around the glass tube. There is substantial overlap between the categories of 'switches' and 'relays' for example, the mercury content of many relays is due to the fact that they include one or more mercury-containing switches.

As there is no domestic production, switches and relays are imported as stand alone products and as components in final goods. It is estimated that 740 000 mercury-containing switches and relays containing 772 kg (626 kg switches, 146 kg relays) of mercury were imported into Canada in 2003. Mercury-containing switches have a long life span and can remain in circulation for 10-50 years (Jasinski, 1994; Barr Engineering, 2001). It was also estimated, in 2003, that there was 54 tonnes of legacy mercury in switches and relays currently being use in Canada. These estimates do not include switches or relays that were imported as components of larger goods.

Alternatives:

Alternatives for mercury-containing switches and relays vary in relative cost and performance, however viable replacements can be found for most applications. A short list of potential alternatives is provided below.

Existing risk management measures:

In winter 2007, Environment Canada will be publishing a “Final notice requiring the preparation and implementation of pollution prevention plans in respect of mercury releases from mercury switches in end-of-life vehicles processed by steel mills” in Part I of the Canada Gazette. This action requires vehicle manufacturers and steel mills that process end-of-life vehicles to develop and implement pollution prevention plans to address mercury releases from switches found in cars. No other domestic legislation exists to address the use other types of switches or relays.

In general, international jurisdictions have implemented prohibition, reporting and end of life management measure to manage mercury waste from switches and relays. See Appendix C for specific international risk management measures in place for mercury-containing products.

2.6 Lamps

Background:

Lamps use electricity to excite mercury vapour mixtures to produce light. Mercury is contained in a variety of lighting including fluorescent lamps, high intensity discharge (HID) lamps and neon signs. These lamps can vary in size and amount of mercury contained. Mercury in end-of-life lamps tends to be in a solid form as it is absorbed by other lamp materials such as phosphorus and glass. Over 75% of the mercury used in lamps in Canada ends up in landfills.

In the estimates of lamp mercury content below, it was assumed that imported lamps have the same average mercury content as domestically produced lamps. The estimated mercury reservoir^Footnote 7 in landfills takes into account the growth in lamp sales along with the dramatic decrease of mercury content in lamps over the past 35 years.

* Number in millions.
** Numbers are estimates based on import/export data and average mercury content.

In Canada large numbers of sign manufacturers purchase neon sign kits from suppliers. These kits use elemental mercury or mercury capsules in the production of neon signs. Between 2002 and 2004 neon sign kit suppliers imported about 1153kg of mercury, However imports declined by over 32% over the same time.

Alternatives:

Alternatives for fluorescent and HID lamps are currently not available in the domestic marketplace. In some cases LED lights can be used to replace neon signs; however LED lights are more costly and cannot be used as direct substitutes for all applications.

Existing risk management measures:

The Canada-wide standard for mercury-containing lamps calls for a reduction in the average mercury content of lamps sold in Canada. From a 1990 baseline, the numeric target is a 70% reduction by 2005 and a total reduction of 80% by 2010. This CWS also includes a commitment for jurisdictions to assess the feasibility of recycling/recovery of lamps and to implement initiatives to encourage these types of activities, when appropriate.

According to the 2005 progress report on implementation of the Canada-wide standards, Electro-Federation Canada reported that the average mercury content of all mercury-containing lamps sold by their members in 2003 was 73.5% lower than the 1990 baseline of 43 mg per lamp, exceeding the 2005 CWS target of 70% reduction. Electro-Federation Canada members include the following lamp manufacturers: GE Lighting; OSRAM Sylvania Ltd.; Panasonic Canada Inc.; and Philips Lighting. However, it is not clear if manufacturers outside of Electro-Federation Canada have adhered to the CWS. Since 2003, lamp sales have increased at a significant rate and as such, it is imperative to ensure that all lamps sold in Canada meet a standard for mercury content.

In addition, on April 25th, 2007 the Government of Canada has committed to setting performance standards for all lighting that would phase out the use of inefficient incandescent light bulbs in common applications by 2012, through regulations under Canada's Energy Efficiency Act.

Product bans with exceptions, labelling and end of life management measures are the preferred instruments used in international jurisdiction to address mercury waste from lamps. See Appendix C for specific international risk management measures in place for mercury-containing products.

2.7 Tire balancing products

Background:

Mercury-containing tire balancers are counter-balancing mechanisms composed of mercury filled tubes that are fitted to rotating mechanical parts. Tire balancers allow tires to rotate without causing vibrations. Although mercury-containing counter balancers can be used in a variety of mechanical components including engines, drive shafts and pumps, in Canada, they are used mostly on tires in various types of vehicles including trucks, cars, motorhomes, motorcycles, jetskis, and ultralites.

It is estimated that each mercury-containing balancer contains 99.2g of mercury. From 2000-2004, 744 kg of mercury was used in tire balancers in Canada.

Alternatives:

Traditional tire balancers are made of lead. Although lead is also a toxic substance it remains a preferred alternative as it is not as volatile as mercury and relatively easier to collect and contain.

Existing risk management measures:

Currently there are no risk management measures in place to address the use of mercury in tire balancers or other counter-balancing mechanisms.

2.8 New and other mercury-containing products

To a lesser extent than the products mentioned in sections 2.1-2.7, mercury is used in a variety of other products ranging from LCD display monitors to automobile headlights. Although the amount used in these products is small, the overall accumulated mercury content is a concern.

Historical trends indicate that demand and price for mercury have been decreasing over the past 40 years. However, new mercury-containing products have entered the Canadian market as recently as 2000. The risk of increased future use in new and novelty products is compounded by low prices and potentially greater market availability due to increasing recycling and lowered demand.

There are 32 mercury compounds currently included in the Domestic Substances List (DSL) under the auspices of CEPA. Mercury compounds not on this list are deemed to be new to Canadian commerce and must be notified via the New Substances Notification (NSN) Regulations.

3.0 Proposed risk management instruments

3.1 Prohibition of consumer products containing mercury

Environment Canada's proposed regulation will prohibit the import, manufacture and sale of all mercury-containing products with the exception of dental amalgam and lamps. The import, manufacture and sale of products with mercury-containing components, such as white goods (for example, stove, refrigerator, washing machine), will also be prohibited.

Exemptions will be evaluated on the basis of product purpose (that is, critical use vs novelty), availability of alternatives and pollution prevention planning. Exempted products will be required to establish labelling, reporting and end-of-life management practices. Labelling requirements may include the identification of mercury content and waste disposal information. See Extended Producer Responsibility (section 7.0) for information on end-of-life management and section 8.0 for reporting requirements.

In its current form the proposed regulation will only exempt lamps and dental amalgam from prohibition. These exemptions are due to the lack of viable alternatives and progress made under the Canada-wide standards initiatives. However these products will be subject to alternative risk management instruments/measures. In its current form the regulation is expected to come into effect by 2012.

3.2 Limits for lamps

Mercury-containing fluorescent lamps are considerably more energy efficient than incandescent bulbs. As there are no mercury free alternatives that provide equivalent energy savings and because considerable progress has been made in reducing the mercury content of fluorescent bulbs, they will not be subject to prohibition. However, mercury-content limits will be established for lamps under the proposed regulation. A content limit for compact fluorescent lamps (CFL) will be established at 5mg/unit^Footnote 8. Current estimates for mercury content for various other lamp types are provided as ranges due to varying lamps sizes and configurations:

Limits for these lamps types will be determined following consultations. As with other exempted products, lamps will be subject to labelling, reporting and end of life management requirements. As the lamp limit provision will be a part of the overall regulation it is expected to come into force by 2012.

3.3 Pollution prevention planning notice for dental amalgam waste

In 2001, Canadian Council of Ministers of the Environment (CCME) endorsed the Canada-wide standard on mercury for dental amalgam waste (CWS) (PDF, 25 KB) to address mercury releases from dental facilities in a nationally consistent manner. The CWS calls for the installation of ISO 11143 certified separators and other best management practices in order to reduce releases of mercury from dentistry in Canada. In 2007, it was estimated that 70% of dentists were in compliance with the CWS. Although this number is short of the 95% target set out in the Standard progress is ongoing. Given the advances made under the CWS and that some dentists conclude that there is no viable substitute for dental amalgam in certain applications, Environment Canada will develop a Pollution Prevention Planning Notice to address dental amalgam waste.

The Notice will require dentists who have not established best management practices as outlined in the Canada-wide standard on mercury for dental amalgam waste to prepare pollution prevention plans detailing how they will implement them and to provide periodic reports on the status of implementation. Best management practices include but are not limited to:

• installing of a International Organization for Standardization (ISO) certified amalgam separator (ISO 11143) or equivalent and maintain it according to the manufacturer's instructions
• using a certified hazardous waste carrier to dispose of mercury-containing waste

The pollution prevention notice for dental amalgam waste is expected to come into effect by 2010. More information on pollution prevention planning is available on line.

4.0 Environmental and health impacts

Environmental impacts

The long-term effects of mercury on whole ecosystems are unclear, the survival of some affected populations and overall biodiversity could be at risk. For example, 20 milligrams of mercury, the amount contained in many common products, mixed evenly in a body of freshwater, could contaminate as much as 770 000 litres beyond safe limits for the protection of aquatic life (0.026 micrograms of mercury per litre of water).

Mercury can be converted to methylmercury through biological activity which is a fat-soluble organic compound that can accumulate in living organisms and biomagnifies up the food chain. Piscivorous (fish eating) predators such as loons, merganser ducks, osprey, eagles, herons, and kingfishers are examples of species that can have high concentrations of methylmercury. Wildlife exposed to high levels of methylmercury is at risk of harm. Depending on level of exposure, effects can include slower growth, reproductive failure, the development of abnormal behaviors that can affect survival techniques and mortality.

Health impacts

In most chemical forms, mercury is a neurotoxin which can cause damage to the brain, central nervous system, kidneys and lungs. The severity of mercury's toxic effects depends on the form and concentration of mercury and the route of exposure.

Methylmercury, one of the most toxic mercury compounds, readily enters the brain. In adults high levels of exposure to methylmercury can lead to health effects such as personality changes, tremors, changes in vision, deafness, loss of muscle coordination and sensation, memory loss, intellectual impairment, and in extreme cases even death.

Unborn children may receive some of the maternal mercury body burden as mercury can cross the placental barrier. Children can suffer neurodevelopmental problems due to exposure while in the womb. Affected children may exhibit reduced coordination and growth, lower intelligence, and seizures. A recent study^Footnote 9 indicates that as many as 60,000 babies born in the United States each year could be at risk of neurodevelopmental delays due to in-utero exposure to methylmercury.

5.0 Economic considerations

Cost to consumers as well as economic impact on manufacturers and importers were taken into consideration during the development of potential instrument provisions.

It was found that many mercury-free alternatives are currently available in the marketplace and have small or no significant cost implications for the consumer. In addition many mercury containing products have functionally equivalent alternatives so product performance is not sacrificed. Product types that fall into this category include thermostats, switches and relays, measuring devices and thermometers. Mercury-containing products, such as dental amalgam and lamps, do not yet have sufficiently developed, widely available and cost competitive mercury-free alternatives.

There is limited manufacturing of mercury-containing products in Canada. Where domestic manufacturers would be impacted by this potential regulation, it was found that the cost of replacing elemental mercury as a process input was small to negligible relative to total end-product sales.

6.0 International actions

Canada continues to play a leadership role in the development and implementation of international mercury management initiatives including the Aarhus (Heavy Metals) Protocol under the United Nations Economic Commission for Europe Convention on Long-range Transboundary Air Pollution, the Arctic Council, the Great Lakes Binational Toxics Strategy, the North American Regional Action Plan on Mercury and various national and bilateral monitoring programs.

Canada is an active member of the United Nations Environment Programme's (UNEP) Mercury Programme. The 24th Session of the UNEP Governing Council, held in February 2007, reviewed global progress towards reducing or eliminating releases of mercury and its compounds into the environment. The Governing Council, as a result of this review, recognized that current global efforts to reduce the risks from mercury are not sufficient to address the global challenges posed by mercury and concluded that further long-term international action is required to reduce risks to human health and the environment. The Governing Council also cited the following action items to support further long-term international action: information gathering, continued voluntary partnership activities and the establishment of an ad hoc open-ended working group to review and assess the options for enhanced voluntary measures and new or existing international legal instruments. Furthermore, the following priorities were established by the Governing Council to guide international action, and more specifically the work of the ad hoc open-ended working group:

• reduce atmospheric mercury emissions from human sources
• find environmentally sound solutions for the management of waste containing mercury and mercury compounds
• reduce the global mercury demand related to use in products and production processes
• reduce global mercury supply, including consideration curbing primary mining and taking into account a hierarchy of sources
• find environmentally sound storage solutions for mercury
• address the remediation of existing contaminated sites affecting public and environmental health
• increase knowledge on areas such as inventories, human and environmental exposure, environmental monitoring and socio-economic impact.

Further information on the 24th Session of the UNEP Governing Council, including the terms of reference of the ad hoc open-ended working group, is available on the UNEP Chemicals and Waste website.

7.0 Waste issues

The management of hazardous waste and hazardous recyclable material within Canada is a shared responsibility. All orders of government have a role to play to ensure that wastes and recyclables are managed in an environmentally sound manner. Environment Canada is consulting with provincial/territorial partners and all stakeholders in examining best management options for end-of-life mercury.

Many municipalities have programs that accept household waste products that contain mercury. Some have implemented collection programs specifically for mercury-containing products such as lamps, while others collect mercury-containing products as part of their household hazardous waste programs. Several retailers of fluorescent lamps, such as Ikea and Home Depot, have also implemented take-back programs for used lamps.

Currently Environment Canada recommends the recycling of mercury recovered from end-of-life products. Recycling discourages the mining of new mercury whereby decreasing overall global potential for environmental releases. However, Environment Canada recognizes the need for long term solutions for the safe end-of-life management of recovered mercury and is currently evaluating options such as long-term storage.

8.0 End of life management

End of life management is aimed at keeping material and products from being released to the environment by ensuring that manufacturers and distributors play a role in effective waste management beyond the point of sale or warranty. The essence of an end of life management program is "the polluter pays" principle and its capacity to influence the design of new products and product systems that avoid waste and enable effective and efficient recovery, reuse or recycling of discarded product.

Potential end of life management programs will include requirements for importers and manufacturers of mercury-containing products to participate in the development and implementation of programs to recover and safely dispose of end of life products.

9.0 Reporting

Manufacturers or importers of mercury-containing products subject to the proposed instruments, as outlined in section 3, will be required to submit information on their activities such as:

• their name, civic and postal addresses of principal place of business, e-mail address, if any, telephone number and fax number, if any
• the name, title, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to act on behalf of the manufacturer or importer, if any
• the name of the mixture or the product containing the mercury, if applicable
• the calendar year
• the total quantity manufactured, and the unit of measurement
• the total quantity imported, and the unit of measurement
• the quantity sold in Canada, and the unit of measurement
• the identification of each proposed use of the mercury and the mixture or product containing the toxic substance, if applicable
• the annual average concentration, if applicable
• the analytical method used to determine the concentration of the toxic substance in the mixture or product, if applicable
• the analytical method detection limit used to determine the concentration of the toxic substance in the mixture or product, if applicable

10.0 Next steps

Stakeholders are invited to provide written comments on this consultation document by January 31st, 2008. Environment Canada will publish a summary and response to comments which will be followed by consultation sessions in early 2008. Environment Canada will consider all input received from stakeholders in the drafting of proposed instrument provisions. The draft provisions will then be published for public comment in the Canada Gazette, Part I.

The next opportunity for stakeholders to comment on the proposed risk management measures will be following the publication of the provisions in the Canada Gazette, Part I. Please send your comments on this consultation document in writing, by March 7th, 2008, to either of the following addresses:

Appendix A - risk management strategy for mercury-containing products

On December 20, 2006, Environment Canada published a Risk management strategy for mercury-containing products. The strategy provides a general overview of mercury uses and emission sources in Canada as well as the potential harmful effects of exposure on human health and the environment.

The risk management strategy proposes the development of a mix of risk management instruments to reduce mercury releases to the environment from products to the lowest possible levels. Although the strategy applies to mercury-containing products in general, it specifically addresses the use of mercury in dental amalgam, thermostats, switches/relays, lamps, batteries, measuring devices, thermometers and tire balancing products.

The Strategy considers prohibition or limits for existing products and new products, labelling requirements, waste management and extended producer responsibility. The tool deemed most appropriate for managing mercury releases from mercury-containing products, to a level consistent with the risk management objective, is a regulation under section 93 of CEPA.

Appendix B - Response to comments

The Risk management strategy for mercury-containing products was posted on the CEPA Environmental Registry from December 20th/06 - March 31st/07 for public comment. Identified stakeholders were advised of the comment period via regular mail. Fourteen sets of comments were received from industry, industry associations, and environmental groups, including:

• Canadian Vehicle Manufacturers Association
• Health Canada
• International Academy of Oral Medicine and Toxicology
• Fisher Scientific Company - Thermo Fisher Scientific
• Metropolitan Council Environmental Services Industrial Waste & Pollution Prevention Section
• Sign Association Of Canada
• gGE Consumer & Industrial
• Pollution Probe
• EcoSuperior Environmental Programs
• Clean Air Foundation
• IVEY Foundation
• The Canadian Dental Association
• Dental Industry Association of Canada

In general, stakeholders acknowledged the negative impacts of mercury releases on the environment and recognized the need to minimize them. Comments contained differing views on the best tools to manage releases and the product life-cycle stages to which they should be applied. Several stakeholders submitted technical data on their use of mercury. Comments were considered in the development of this discussion document. Several specific stakeholder comments have been addressed below.

Appendix C - general overview of international risk management actions on mercury-containing products