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Pollution Prevention Planning Consultations

Consultation (archived)

Working Document on Pollution Prevention Planning for Products Containing Nonlyphenol and its Ethoxylates

The following is a working document presenting the main elements that Environment Canada proposes to include in a section 56 notice requiring the preparation and implementation of pollution prevention plans for products containing Nonylphenol (NP) and its Ethoxylates (NPEs) under Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). Comments received on this document will be used to develop a Proposed Notice that will be published under section 56 of CEPA 1999 in the Canada Gazette, Part I initiating a 60-day comment period. Following this, a final Notice requiring the preparation and implementation of pollution prevention plans will be published in the Canada Gazette, Part I.

More information on pollution prevention planning can be found in the Guidelines for the Implementation of the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). These guidelines and other information related to pollution prevention and pollution prevention planning can be found at www.ec.gc.ca/planp2-p2plan/.

Objectives and timelines in the Working Document are based on the risk management objective and instrument for products containing NP and NPEs, proposed in the Risk Management Strategy for NP and NPEs and revised in the Revisions to the Proposed Risk Management Objective and Risk Management Instrument, and Response to Comments. These reports were distributed to stakeholders in June 2002 and January 2003 respectively and can be obtained by contacting the person listed above.

Since the distribution of the latter document in January 2003, the following revisions have been made to the proposed risk management instrument:

  • The threshold by which companies will determine if they meet the requirements to prepare and implement pollution prevention plans has been revised such that any person who purchases 1000 kg or more of NP and NPEs in one calendar year will be subject to the Notice. The threshold of NP and NPEs purchased per calendar year has been decreased from 2000 kg to 1000 kg to ensure that the majority of products containing NP and NPEs would be subject to the requirements of the pollution prevention plans while maintaining the objective of excluding companies using or importing small quantities of NP and NPEs.
  • Soap and cleaning products, processing aids used in textile wet processing, and pulp and paper processing aids manufactured or imported in Canada for export to another country have been excluded from the activities in relation to which pollution prevention plans are to be prepared. Exports have been excluded to be consistent with the environmental objective of reducing the environmental exposure of NP and NPEs in Canada.
  • Timelines for the reduction of NP and NPEs for persons who become subject to the Notice after the date of publication in the Canada Gazette have been shortened. The proposed reduction timelines are to achieve phase 1 reductions for the calendar year following the year that the person becomes subject to the Final Notice and phase 2 reductions for the subsequent calendar year.

Substances declared toxic under CEPA 1999 to be included in the Notice:
Nonylphenol (NP) and its Ethoxylates (NPEs)

1. Person or class of persons required to prepare and implement a pollution prevention plan:

(1) This notice applies to any person or class of persons who

(a) (i) owns or operates a facility that manufactures soap and cleaning products, or processing aids used in textile wet processing, or pulp and paper processing aids;

or

(ii) imports soap and cleaning products, or processing aids used in textile wet processing, or pulp and paper processing aids into Canada;

and

(b) purchases or otherwise acquires 1000 kg or more of NP and/or NPEs, including but not limited to, raw NP and/or NPEs, NP and/or NPEs in formulations, and NP and/or NPEs in final products in at least one calendar year between January 1, 2003 and December 31, 2012, to be used in any of the activities outlined in section 2;

(2) Despite subsection (1), this notice does not apply to any person or class of persons who

(a) has totally eliminated the use of NP and/or NPEs from the activities referred to in section 2 at the time of publication of the Final Notice in the Canada Gazette;

or

(b) is subject to the requirements of the Final Pollution Prevention Planning Notice, code P2TMENPE, targeting the wet processing textile industry.

2. Activities in relation to which the plan is to be prepared:

All persons identified in section 1 shall prepare and implement a pollution prevention plan in relation to the following activities involving NP and/or NPEs:

(a) the manufacture of soap and cleaning products, processing aids used in textile wet processing, and pulp and paper processing aids, excluding those for export to another country; and

(b) the import of soap and cleaning products, processing aids used in textile wet processing, and pulp and paper processing aids, excluding those for export to another country.

3. Factors to consider in preparing the plan:

When preparing the pollution prevention plan, all persons identified in section 1 shall consider the following factors:

(1) The Risk Management Objective for Products Containing NP and/or NPEs

A reduction of NP and/or NPEs in soap and cleaning products, processing aids used in textile wet processing, and pulp and paper processing aids manufactured in or imported into Canada as per the following reduction targets and timelines:

Reduction Targets and Timelines

Reduction Target
Reduction Timeline
Phase 1
For each person subject to the final Notice, a 50% reduction of the total mass of NP and/or NPEs used and/or imported annually, from base year levels.

If a person is subject to the final Notice on the date of publication in the Canada Gazette, phase 1 reductions should be achieved for the calendar year January 1 to December 31, 2007; or
If a person becomes subject to the Final Notice after the date of publication in the Canada Gazette, phase 1 reductions should be achieved for the calendar year (January 1 to December 31) following the year that the person becomes subject to the Final Notice. Such a person becomes subject to the Notice on January 1st of the year following the year that the criteria in Section 1 of the Notice are met.

 

 

Phase 2
For each person subject to the Final Notice, a 95% reduction of the total mass of NP and/or NPEs used and/or imported annually, from base year levels.

If a person is subject to the final Notice on the date of publication in the Canada Gazette, phase 2 reductions should be achieved for the calendar year January 1 to December 31, 2010; or
If a person becomes subject to the final Notice after the date of publication in the Canada Gazette, phase 2 reductions should be achieved for the calendar year (January 1 to December 31) following the year referred to above to achieve the phase 1 reductions.

 


The base year is 1998, or the first calendar year after 1998 where the person subject to the Final Notice has purchased or otherwise acquired 1000 kg or more of NP and/or NPEs, for the activities outlined in section 2.

(2) Nonylphenol and its ethoxylates were declared toxic under section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) and added to the List of Toxic Substances in Schedule 1 of the Act. Many acute and chronic toxic effects of Nonylphenol have been reported in a variety of aquatic biota, including fish, invertebrates and algae. Release of NP and/or NPEs in Canada can result in environmental concentrations that exceed the levels of concern.

(3) In preparing a plan, priority is to be given to pollution prevention activities, that is, the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health.

(4) In order to achieve the risk management objective set out in subsection 3(1), persons subject to the Final Notice shall consider using the best available techniques economically achievable (BATEA). These techniques include, but are not limited to:

(a) for the manufacture of products containing NP and/or NPEs: product reformulation including substitution of NP and/or NPEs or reduction of NP and/or NPEs concentration in products to the maximum extent possible.

(b) for the import of products containing NP and/or NPEs: ensuring that imported products contain no NP and/or NPEs or contain only the minimum concentration of NP and/or NPEs necessary to achieve the desired result.

(5) Persons subject to the Final Notice shall consider including accurate concentrations of NP and/or NPEs remaining in products (if any) on each product’s label.

(6) Alternatives to NP and/or NPEs should be chosen to ensure that environmental risks are reduced or minimized. Considerations should include the following:

(a) the Priority Substance List Assessment Report for Nonylphenol and its Ethoxylates indicates that Octylphenol (OP) and its Ethoxylates (OPEs) have similar toxicological properties and possibly greater estrogenic properties than NP and/or NPEs. Therefore, OP and/or OPEs should not be used as an alternative to NP and/or NPEs;

(b) the chosen alternatives should not have, through their degradation, the potential to produce NP and/or NPEs.

4. Period within which the plan is to be prepared:

(1) If a person is subject to the Final Notice on the date of publication in the Canada Gazette, the plan shall be prepared and implementation initiated no later than June 30, 2005

(2) If a person becomes subject to the Final Notice after the date of publication in the Canada Gazette, the plan shall be prepared and implementation initiated no later than 6 months of becoming subject to the Final Notice.

5. Period within which the plan is to be implemented:

(1) If a person is subject to the Final Notice on the date of publication in the Canada Gazette, the plan must be implemented by December 31, 2010.

(2) If a person becomes subject to the Final Notice after the date of publication in the Canada Gazette, the plan must be implemented within 36 months of becoming subject to the Final Notice.

6. Content of plan:

Persons preparing the plan are to determine the appropriate content of their own plan; however, all requirements of the Final Notice must be met, and the plan must contain and support the information to be filed in the Declarations and the Interim Progress Reports.

7. Requirement to keep plan:

All persons identified in section 1 must keep a copy of the plan at the place in Canada in relation to which the plan is prepared.

8. Declaration of Preparation:

A Declaration that a Pollution Prevention Plan Has Been Prepared and Is Being Implemented - Nonylphenol and its Ethoxylates (Subsection 58(1) of CEPA 1999) form is given in Schedule 1. This Declaration must be filed no later than 30 days after the end of the period within which the plan is to be prepared referred to in section 4.

9. Declaration of Implementation:

A Declaration that a Pollution Prevention Plan Has Been Implemented Nonylphenol and its Ethoxylates (Subsection 58(2) of CEPA 1999) form is given in Schedule 5. This Declaration must be filed within 30 days after the completion of the implementation of the plan as specified in section 5.

10. Filing of amended Declarations:

Where a person has filed a Declaration of Preparation or Implementation, referred to in sections 8 and 9, and the Declaration contains information that at any time thereafter becomes false or misleading, that person shall file an amended Declaration within 30 days after that time.

11. Interim Progress Reports:

Persons identified in section 1 shall complete and file with the Minister of the Environment an Interim Progress Report – Nonylphenol and its Ethoxylates, using the form given in Schedule 4 for the dates below. If a Declaration of Implementation is submitted before an Interim Progress Report is due, then the requirement to submit such an Interim Progress Report is nullified.

(1) If a person is subject to the Final Notice on the date of publication in the Canada Gazette,

  • Interim Progress Report No. 1 must be filed by January 31, 2007.
  • Interim Progress Report No. 2 must be filed by January 31, 2008.
  • Interim Progress Report No. 3 must be filed by January 31, 2010.

(2) If a person becomes subject to the Final Notice after the date of publication in the Canada Gazette,

  • Interim Progress Report No. 1 must be filed 13 months after becoming subject to the Final Notice.
  • Interim Progress Report No, 2 must be filed 25 months after becoming subject to the Final Notice.

12. Use of a plan prepared or implemented for another purpose:

Pollution prevention plans prepared or implemented for another purpose can be used to satisfy the requirements of the Final Notice as specified in subsection 57(1) of CEPA 1999. Under subsection 57(2) of CEPA 1999, where a person uses a plan that does not meet all the requirements of the Final section 56 Notice, the person can amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. Persons using plans prepared for another purpose must still file the Declaration of Preparation referred to in section 8, Declaration of Implementation referred to in section 9, any amended Declarations referred to in section 10, where applicable, and Interim Progress Reports referred to in section 11.

13. Extension of time:

(1) Where the Minister is of the opinion that further time is necessary to prepare the plan as specified in section 4 or to implement the plan as specified in section 5, the Minister may extend the period for a person who submits a written Request for Time Extension - Nonylphenol and its Ethoxylates (Section 56(3) of CEPA, 1999) using the form given in Schedule 3 before the expiry of the date referred to in the applicable section 4 or section 5 or before the expiry of any extended period.

(2) Where the Minister is of the opinion that further time is necessary to file an Interim Progress Report under section 11, the Minister may extend the date on which the Interim Progress Report must be filed for a person who submits a written Request for Time Extension - Nonylphenol and its Ethoxylates (Subsection 56(3) of CEPA 1999) using the form given in Schedule 3 before the date referred to in section 11 or before the expiry of any extended period.

14. Application for waiver of factors to consider:

Where the Minister is of the opinion that it is not reasonable or practicable to consider a factor specified in the Final Notice, the Minister may waive the requirement to consider that factor for a person who submits a written Request for Waiver of the Requirement to Consider a Factor or Factors - Nonylphenol and its Ethoxylates (Subsection 56(5) of CEPA 1999) using the form given in Schedule 2, providing reasons for the request before the expiry of the period within which the plan is to be prepared referred to in section 4.

15. More information on pollution prevention planning:

Additional information and guidance on preparing pollution prevention plans may be obtained from the Canadian Pollution Prevention Information Clearinghouse (http://www.ec.gc.ca/cppic), the CEPA Registry (http://www.ec.gc.ca/CEPARegistry/plans/P2/), Environment Canada’s regional offices, and the Pollution Prevention Planning website (http://www.ec.gc.ca/planp2-p2plan).

Included are:

  • Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented - Nonylphenol and its Ethoxylates (Subsection 58(1) of CEPA 1999)
  • Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors - Nonylphenol and its Ethoxylates (Subsection 56(5) of CEPA 1999)
  • Schedule 3: Request for Time Extension - Nonylphenol and its Ethoxylates (Subsection 56(3) of CEPA 1999)
  • Schedule 4: Interim Progress Report - Nonylphenol and its Ethoxylates
  • Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented - Nonylphenol and its Ethoxylates (Subsection 58(2) of CEPA 1999)