| |||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||||||||||||
 |
|||||||||||||||||||||||||||||||||||||
|
Vol. 138, No. 17 — April 24, 2004 Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999Statutory Authority Canadian Environmental Protection Act, 1999 Sponsoring Departments Department of the Environment and Department of Health REGULATORY IMPACT Description The purpose of this initiative is to propose the addition of the following two substances to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA 1999): — Tetrachlorobenzenes (TeCBs) — Pentachlorobenzene (QCB) These two chlorobenzenes (CBzs) were originally specified on the first Priority Substances List (PSL1). Substances on this list were identified as a priority for assessment to determine whether environmental exposure to them posed a risk to the health of Canadians or to the environment. At the time of their first scientific assessment in 1993, the available information was insufficient to conclude whether the substances constituted a danger to the environment. In September 2002, pursuant to section 68 of CEPA 1999, a scientific follow-up assessment was published. It was concluded that these two substances were entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term effect on the environment or its biological diversity in accordance with CEPA 1999. Therefore, it is recommended that the substances be considered toxic under paragraph 64(a) of CEPA 1999, and that they be added to the List of Toxic Substances in Schedule 1 of CEPA 1999. QCB and TeCBs are also persistent, bioaccumulative, and mostly anthropogenic and as such, meet the criteria for virtual elimination (see footnote 1) of releases to the environment. Since there is currently no commercial demand for QCB and TeCBs in Canada, options to prevent their reintroduction into the Canadian market will be explored. The follow-up report may be obtained from the Inquiry Centre at 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3, by calling 1-800-668-6767, or from the Internet at www.ec.gc.ca/substances/ese/eng/PSAP/PSL1_IIC.cfm. Background As stated above, tetrachlorobenzenes (TeCBs) and pentachlorobenzene (QCB), which appeared on the first Priority Substances List (PSL1), were assessed to determine whether these substances should be considered "toxic" as defined under the Canadian Environmental Protection Act (CEPA). It was concluded in the PSL1 assessment that these compounds did not constitute a danger in Canada to the environment on which human life depends or to human life or health. However, there was insufficient information to conclude whether they could have immediate or long-term harmful effects on the environment, under paragraph 11(a). At the time, concentration data for TeCBs and QCB in freshwater and marine sediments and soil environments were lacking. Corresponding data reporting effects on benthic (i.e. organisms living near or at the bottom of a water body) and soil-dwelling organisms were also needed to complete this assessment. Subsequent to the completion of the PSL1 assessments, these two substances were deleted from the Priority Substances List. Research studies to address these data gaps for QCB and TeCBs were funded, and an emphasis was placed on studies that examined the effects on benthic organisms exposed to QCB and TeCBs. Additionally, recent literature was reviewed for new data on concentrations in sediment and soil for each of the chlorobenzenes under consideration and for information on the effects on organisms resulting from exposure to these compounds. Based on the research results of these follow-up studies, it has been concluded that TeCBs and QCB are entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. Therefore, the Government recommends the addition of TeCBs and QCB to the List of Toxic Substances of CEPA 1999. Authority Section 68 of CEPA 1999 provides either Minister with the authority to determine whether a substance is "toxic" or capable of becoming "toxic" as defined under section 64 of the Act. A substance is determined to be "toxic" if it is entering or may enter the environment in a quantity or concentration or under conditions that (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity; (b) constitute or may constitute a danger to the environment on which life depends; or (c) constitute or may constitute a danger in Canada to human life or health. TeCBs and QCB are persistent, bioaccumulative and predominately anthropogenic and are considered "toxic" under paragraph 64(a) of CEPA 1999. The responsibility for assessing substances is shared by Environment Canada and Health Canada. The assessment process includes examining potential effects to humans and other organisms, as well as determining the entry of the substance into the Canadian environment, the environmental fate of the substance and the resulting exposure. Upon completion of the evaluation of data collected or generated for each substance, a draft report of the results of the investigations has been prepared and made available to the public. In addition, the Ministers can publish the following in the Canada Gazette, Part I: 1. a summary of the results of the investigation; and 2. information and recommendations respecting any matter in relation to a substance, including, without limiting the generality of the foregoing, measures to control the presence of the substance in the environment. Once a substance is added to the List of Toxic Substances in Schedule 1 of CEPA 1999, the Government can regulate it or propose other instruments respecting preventive or control actions (for example, a pollution prevention plan, an environmental emergency plan). Tetrachlorobenzenes (TeCBs) and pentachlorobenzene (QCB) TeCBs and QCB are not produced in Canada, and currently there is no commercial domestic demand for these substances. There are also no known natural sources of TeCBs or QCB. These chlorobenzenes are existing organic substances where chlorine atoms are substituted for hydrogen atoms in the benzene ring. TeCBs and QCB enter Canadian surface waters and associated sediments primarily via effluents from industrial and sewage treatment plants. The major industrial sectors include chemical manufacturing and textile plants. These two chlorobenzenes have also been observed in effluents from pulp and paper mills. Effluents from iron, steel manufacturing and petroleum refineries also contribute to loadings of TeCBs and QCB. The sources of pentachlorobenzene in these waste streams have not been identified. The main reported source of chlorobenzenes to Canadian soils is accidental spillage of industrial chemicals, including dielectric fluids (liquid insulating fluids used in cables and transformers) containing polychlorinated biphenyls (PCBs). Formerly, TeCBs and QCB were used in combination with polychlorinated biphenyls (PCBs) in dielectric fluids. However, after regulations prohibiting new uses of PCB-containing dielectric fluids were introduced in 1980 (Canada Gazette, 1980), the amount of TeCBs and QCB used for this purpose declined considerably. Other possible sources include industrial emissions to the atmosphere and application of sewage sludge to agricultural soils. TeCBs and QCB have been estimated to persist in surface sediments for longer than two years. The half-life of TeCBs (i.e. the time required for a biological system to eliminate half of the substance) in soil has been estimated to be approximately eight months, while the half-life of QCB in soil has been estimated to be two years. These substances, therefore, meet the criteria for persistence in sediment (= 365 days) and soil (= 182 days), as defined in the Persistence and Bioaccumulation Regulations, (see footnote 2) of CEPA 1999. Additionally, TeCBs and QCB are subject to atmospheric transport from their source to remote areas and therefore meet the criteria for persistence in air. Persistent substances can remain bioavailable (i.e. degree to which a substance is absorbed or becomes biologically available for use by an organism) for long periods of time, thereby increasing the probability and duration of potential exposure relative to compounds that do not persist in the environment. Additionally, substances that are subject to long-range transport are of particular concern, because remote and/or cold regions, such as the Canadian Arctic, can act as a sink for such contaminants. Bioaccumulative substances have the potential to biomagnify (i.e. concentration increases) through the food chain. Even releases of extremely low concentrations of persistent and bioaccumulative substances can lead to potential adverse effects on organisms that are continually exposed to them over long periods. TeCBs and QCB are known to cause both chronic and acute effects on sediment- and soil-dwelling organisms. In general, sediment-dwelling organisms are more sensitive to these CBzs than soil-dwelling species, based on toxicity studies to date. Based on available data, TeCBs and QCB are entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity and are considered "toxic," as defined under paragraph 64(a) of CEPA 1999. It is, therefore, recommended that both TeCBs and QCB be added to the List of Toxic Substances in Schedule I of CEPA 1999. QCB and TeCBs are persistent, bioaccumulative, predominantly anthropogenic, and are considered "toxic" under Paragraph 64(a) of CEPA 1999; as such, they meet the criteria for Track 1 substances under the Toxic Substances Management Policy. The federal Toxic Substances Management Policy puts forward a preventive and precautionary approach to deal with substances that enter the environment and could harm the environment or human health. The policy provides decision makers with direction and sets out a science-based management framework to ensure that federal programs are consistent with its objectives. Since there is currently no commercial demand for QCB and TeCBs in Canada, options to prevent their reintroduction into the Canadian market should be explored. Alternatives The follow-up assessment report concludes that the two substances are entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. Consequently, the Ministers have determined that the alternative of taking no further action is not acceptable for these two substances. After the Ministers publish the results of their investigations and indicate that they intend to recommend two substances for addition to the List of Toxic Substances, Schedule 1, a range of management instruments will be analyzed and considered as possible preventive or control actions for the substances. Benefits and costs The decision to add the substances to the List of Toxic Substances in Schedule 1 of CEPA 1999 is based solely on scientific assessments. The Government will undertake an appropriate assessment of the potential impacts of a range of possible instruments during the risk management phase of TeCBs and QCB. Consultation A notice concerning the follow-up assessment for these two substances under CEPA 1999 was published in the Canada Gazette, Part I, as follows:
The notice was posted on the CEPA Registry Web site. The above notice offered interested parties a 60-day comment period. However, no comments were received during this period and, as such, no substantive revisions have been made to the follow-up assessment report. CEPA National Advisory Committee The CEPA National Advisory Committee has been given an opportunity to advise the Minister of the Environment and the Minister of Health on the scientific evidence supporting the declaration of these two substances as toxic and their proposal to have them added to the List of Toxic Substances in Schedule 1. There were no concerns raised with respect to the addition of these substances to Schedule 1 of the List of Toxic Substances. Compliance and enforcement There are no compliance or enforcement requirements associated with the List of Toxic Substances in Schedule 1 itself. Ms. Danie Dubé, Existing Substance Branch, Environment Canada, Gatineau, Quebec K1A 0H3, (819) 953-0356 (telephone), (819) 953-4936 (facsimile), danie.dube@ec.gc.ca (electronic mail); and Ms. Céline Labossière, Regulatory and Economic Analysis Branch, Environment Canada, Gatineau, Quebec K1A 0H3, (819) 997-2377 (telephone), (819) 997-2769 (facsimile), celine.labossiere@ec.gc.ca (electronic mail). Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a), that the Governor in Council, pursuant to subsection 90(1) of that Act, proposes to make the annexed Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999. Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Order or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Director, Existing Substances Branch, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3 (fax: (819) 953-4936, e-mail: psl.lsip@ec.gc.ca). A person who provides information to that Minister may submit with the information a request for confidentiality under section 313 of that Act. Ottawa, April 21, 2004
EILEEN BOYD
ORDER ADDING TOXIC SUBSTANCES TO AMENDMENT 1. Schedule 1 to the Canadian Environmental Protection Act, 1999 (see footnote 3) is amended by adding the following: Tetrachlorobenzenes, which have the molecular formula C6H2Cl4 Pentachlorobenzene, which has the molecular formula C6HCl5 COMING INTO FORCE 2. This Order comes into force on the day on which it is registered. [17-1-o] The federal government's Toxic Substances Management Policy was announced in Parliament on June 2, 1995. This policy provides a science-based framework for the management of toxic substances. The key management objective in the policy is virtual elimination of releases to the environment of toxic substances that are persistent and bioaccumulative and are present in the environment primarily due to human activity (Track 1). The Persistence and Bioaccumulation Regulations set the criteria which will be used to determine if a substance is persistent or bioaccumulative under certain sections of the Canadian Environmental Protection Act, 1999. These criteria are those in the Toxic Substances Management Policy adopted in 1995 by the federal government. [Persistence and Bioaccumulation Regulations (SOR/2000-107)] S.C. 1999, c. 33 S.C. 1999, c. 33 |
||||||||||||||||||||||||||
|
NOTICE:
|
|||||||||||||||||||||||||||
