Working Document regarding pollution prevention planning for Products Containing Nonylphenol and its Ethoxylates (NP and NPEs)

Environment Canada is in the process of developing a notice under Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) requiring the preparation and implementation of pollution prevention plans for products containing nonylphenol and its ethoxylates (NP and NPEs). This proposed notice, expected to be published in the Canada Gazette Part I in the Fall of 2003, will target manufacturers and importers of soap and cleaning products, processing aids used in textile wet processing, and pulp and paper processing aids that purchase 1000 kg or more of NP and NPEs in one calendar year between January 1, 2003 and December 31, 2012.

A Working Document as well as the related instructions and instructions insert have been prepared to outline proposed pollution prevention planning requirements for products containing NP and NPEs. The schedules referred to in the Working Document can be obtained by contacting the person listed below.

After receiving and considering comments on this document, a Proposed Notice requiring the preparation and implementation of pollution prevention plans for products containing NP and NPEs will be published in Part I of the Canada Gazette for a 60-day comment period. Based on consideration of further comments received during this comment period, Environment Canada will publish a Final Notice in Part I of the Canada Gazette.

Please provide your written comments on the Working Document by July 31, 2003, to:

Greg Carreau
Chemicals Control Division
National Office of Pollution Prevention
351 St. Joseph Blvd., 12th floor
Hull, Quebec K1A 0H3
Tel.: 819-953-6072
Fax: 819-994-0007

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.

More information about the pollution prevention planning provisions of CEPA 1999 Part 4 can be found in the P2 Planning Provisions of Part 4 of CEPA 1999- Frequently Asked Questions as well as the Guidelines for the Implementation of the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) . Information about pollution prevention planning can be found in Environment Canada's Pollution Prevention Planning Handbook. Copies of these three documents are also available from Environment Canada's Inquiry Centre at 1-800-668-6767 or CEPAP2Plans@ec.gc.ca.

Sincerely,

Josée Portugais
Head, Controls Development Section
Chemicals Control Division
National Office of Pollution Prevention
Environment Canada