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Vol. 137, No. 17 — August 13, 2003 Registration CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999P.C. 2003-1130 24 July, 2003 Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a) , the Minister of the Environment published in the Canada Gazette, Part I, on November 2, 2002, a copy of the proposed Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999, substantially in the form set out in the annexed Order, and persons were given an opportunity to file comments with respect to the proposed Order or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; And whereas, pursuant to subsection 90(1) of that Act, the Governor in Council is satisfied that the substances set out in the annexed Order are toxic substances; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 90(1) of the Canadian Environmental Protection Act, 1999 (see footnote b) , hereby makes the annexed Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999. ORDER ADDING TOXIC SUBSTANCES TO SCHEDULE 1 TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 AMENDMENT 1. Schedule 1 to the Canadian Environmental Protection Act, 1999 (see footnote 1) is amended by adding the following after item 66: 67. Particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both 68. Particulate matter containing metals that is released in emissions from zinc plants COMING INTO FORCE 2. This Order comes into force on the day on which it is registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Description The purpose of this initiative is to add: • particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both; and • particulate matter containing metals that is released in emissions from zinc plants, to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). Releases from primary and secondary copper smelters and refineries, and releases from primary and secondary zinc smelters and zinc refineries are listed on the second Priority Substances List (PSL2). Releases from copper smelters/refineries and zinc plants are complex mixtures containing varying amounts of numerous substances. Following the assessments of these two substances, it was concluded that a number of their components are considered "toxic" as defined in section 64 of CEPA 1999. These include metals (largely in the form of particulates) contained in emissions from copper smelters and refineries, metals (largely in the form of particulates) contained in emissions from zinc plants, respirable particulate matter less than or equal to 10 microns (PM10) and sulphur dioxide (SO2). PM10 was also listed as a PSL2 substance, and was concluded to be "toxic" as defined in section 64 of CEPA 1999. This substance was subsequently added to Schedule 1 of CEPA 1999. Sulphur dioxide has already been proposed for addition to the List of Toxic Substances through a Notice on Precursors to PM10, and Ozone and its Precursors published in the Canada Gazette, on July 27, 2002. Consequently, only particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both, and particulate matter containing metals that is released in emissions from zinc plants are added to Schedule 1 as part of this Notice. Scientific assessments indicate that these 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, and are entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. Therefore, these substances are added to the List of Toxic Substances in Schedule 1. The full Assessment Report may be obtained from the Inquiry Centre, Environment Canada, 351 St. Joseph Boulevard, Gatineau, Quebec, K1A 0H3 (1-800-668-6767), or an electronic version (pdf file) may be requested via e-mail from PSL. LSIP@ec.gc.ca. Authority Subsection 76(1) of CEPA 1999 requires the Minister of the Environment and the Minister of Health to compile a list, to be known as the Priority Substances List, which may be amended from time to time, and which identifies substances (including chemicals, groups of chemicals, effluents and wastes) that may be harmful to the environment or constitute a danger to human health. The Act also requires both Ministers to assess these substances to determine whether they are "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. Assessment of Substances on the Priority Substances List The responsibility for assessing priority 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 environment, the environmental fate of the substance and the resulting exposure. Upon completion of the scientific assessment for each substance, a draft assessment report is prepared and made available to the public. In addition, the Ministers must publish the following in the Canada Gazette, Part I: 1. a summary of the scientific results of the assessment; and 2. a statement as to whether they propose to recommend:
(b) that no further action be taken in respect of the substance. The notice in the Canada Gazette, Part I provides for a 60-day public comment period during which interested parties can file written comments on the recommendations that the Ministers propose to take and their scientific basis. After taking into consideration any comments received, the Ministers may, if they deem it appropriate, make revisions to the draft assessment report. The Ministers must then publish in the Canada Gazette their final decision as to whether they propose to recommend that the substance be added to the List of Toxic Substances in Schedule 1 or whether they recommend that no further action be taken in respect of the substance. A copy of the final report of the assessment is also made available to the public. If the Ministers' final decision is to propose that the substance be added to the List of Toxic Substances in Schedule 1, they must also recommend to the Governor in Council that the substance be added to the List. Once a substance is listed on the List of Toxic Substances in Schedule 1 of CEPA 1999, the Government has the authority to regulate toxic substances or propose other instruments respecting preventive or control actions (e.g., pollution prevention plan, an environmental emergency plan). Particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both, and particulate matter containing metals that is released in emissions from zinc plants Assessments of the releases from primary and secondary copper smelters and copper refineries, and releases from primary and secondary zinc smelters and zinc refineries have been conducted and reported together due to the similar nature of the two types of facilities and the common approach used in assessing their releases. Zinc operations use integrated processes that are a combination of smelting and refining and are therefore conventionally referred to as "zinc plants." The six copper smelters, four copper refineries and four zinc plants currently operating in Canada were considered in the assessments. Releases from copper smelters/refineries and zinc plants are complex mixtures, containing varying amounts of numerous substances. Since most releases are discharged to air, and releases to air have the greatest potential for causing widespread effects, these assessments have focused on environmental and human health risks of air emissions. The components of releases to air that were examined most closely are sulphur dioxide (SO2), the metals (largely in the form of particulate matter) copper, zinc, nickel, lead, cadmium, chromium and arsenic, and respirable particulate matter less than or equal to 10 microns (PM10). It was concluded from estimated annual metal deposition rates that there is potential for effects to aquatic and/or soil dwelling organisms from exposure to steady-state concentrations of metals in the vicinity of copper smelters/refineries and zinc plants resulting from emissions (especially of copper and zinc, respectively) from these facilities. Impacted areas were estimated to extend up to about 14 km from the facilities. In all cases it is recognized that the range of impact is dependent on the emissions of the individual facilities as well as on local meteorology and geography. It is also recognized that emissions from zinc plants using exclusively pressure-leach technology will be significantly less than those using roasting processes. The health assessment addressed potential risks to nearby populations from current releases from copper smelters/refineries and zinc plants in Canada. Based on recent data, concentrations of arsenic, cadmium, chromium, nickel and lead in air are generally increased in the vicinity of most Canadian copper smelters/refineries and zinc plants in relation both to proximity to the facilities and to background concentrations at remote sites. Based on assessments conducted previously on the Priority Substances List under CEPA, carcinogenicity is considered to be the critical effect for arsenic, cadmium, chromium and nickel, in light of the sufficient weight of evidence for lung tumours in occupational populations or experimental animals following inhalation of compounds of each of these metals. Levels of airborne lead also exceed health-based guidelines near certain Canadian facilities involved in smelting copper, indicating potential for lead-induced health effects. Based on available data, it has been concluded that emissions from copper smelters and refineries, and from zinc plants of metals (largely in the form of particulates) and of sulphur dioxide are entering the environment in quantities or concentrations or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. Based on available data concerning the effects of PM10, sulphur dioxide and compounds of arsenic, cadmium, chromium, lead and nickel, it has been concluded that emissions from copper smelters and refineries and from zinc plants of PM10, of metals (largely in the form of particulates), and of sulphur dioxide, are entering the environment in quantities or concentrations or under conditions that constitute or may constitute a danger in Canada to human life or health. Therefore, metals (largely in the form of particulates) contained in emissions from copper smelters and refineries, metals (largely in the form of particulates) contained in emissions from zinc plants, PM10 and sulphur dioxide are considered "toxic" as defined in section 64 of CEPA 1999. The nomenclature on Schedule 1 appropriately reflects the releases that: (1) have effectively been assessed, and (2) meet the criteria in section 64 of the Act. Therefore, the appropriate nomenclature is particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both, and particulate matter containing metals that is released in emissions from zinc plants. Alternatives The assessment report concludes that the 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, and are entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. Consequently, the Ministers have determined that the alternative of taking no further action is not acceptable for the substances mentioned above. When the Ministers indicate that they recommend a substance for addition to Schedule 1, a range of management instruments will be analysed and considered as possible preventive or control actions for the substance. Benefits and Costs By adding particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both, and particulate matter containing metals that is released in emissions from zinc plants to the List of Toxic Substances, the Government declares these substances toxic under CEPA 1999. The decision to amend the List of Toxic Substances in Schedule 1 of CEPA 1999 is solely based on a science assessment. The Government will undertake an appropriate assessment of the potential impacts of a range of possible instruments during the risk management phase. Consultation On July 1, 2000, a notice concerning the assessment for these priority substances under CEPA 1999 was published in the Canada Gazette, Part I as follows: Publication after Assessment of Two substances — Releases from Primary and Secondary Copper Smelters and Refineries and Releases from Primary and Secondary Zinc Smelters and Refineries — Specified on the Priority Substances List (Subsection 77(1) of the Canadian Environmental Protection Act, 1999) The above notice offered interested parties the opportunity to comment, within 60 days on the draft assessment report and the Ministers' recommendation to have these substances added to the List of Toxic Substances in Schedule 1 of CEPA 1999. No comments on the assessment report were received during the 60-day public comment period. The proposed addition of these substances to Schedule 1 was brought to the attention of industrial stakeholders both via the Mining Association of Canada, and at a meeting of the Base-metals Environmental Multi-stakeholder Advisory Group, which includes representatives from all of the companies subject to these assessments. No significant issues were raised. The addition of particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both, and particulate matter containing metals that is released in emissions from zinc plants to the List of Toxic Substances is justified considering that there has been no additional data or information presented to contradict the scientific conclusion of the assessment report. The proposed Order adding toxic substances to Schedule 1 of CEPA 1999 was pre-published in the Canada Gazette, Part I, on November 2, 2002. During the 60-day comment period that ended on January 1, 2003, no comments were received. CEPA National Advisory Committee The CEPA National Advisory Committee has been given an opportunity to advise the Ministers on the scientific evidence supporting the declaration of the substances as toxic and their proposal to have these added to the List of Toxic Substances in Schedule 1. There were no concerns raised with respect to the addition of the substances to the List of Toxic Substances in Schedule 1. Compliance and Enforcement There are no compliance or enforcement requirements associated with the List of Toxic Substances in Schedule 1 itself. Contacts
Danie Dubé
Céline Labossière
S.C. 1999, c. 33 S.C. 1999, c. 33 S.C. 1999, c. 33 |
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