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(public comment period May 1, 2010 to June 30, 2010)
On May 1, 2010, a proposed Order adding toxic substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 (CEPA 1999) was published in the Canada Gazette Part I, Vol. 144 No. 18, for three substances in Batch 7 of the Challenge (CAS No. 90-94-8, 96-29-7 and 2426-08-6) that were determined to meet the criteria in section 64 of the Act.
There is a 60-day public comment period for this proposed order, from May 1, 2010 to June 30, 2010.
On March 31, 2010 an Order amending the Domestic Substances List (DSL) to apply the Significant New Activity (SNAc) provisions specified under subsection 81(3) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) to five substances in Batch 7 of the Challenge (CAS No. 1325-86-6, 6407-74-5, 6407-78-9, 6786-83-0 and 29398-96-7), was published in the Canada Gazette, Part II.
The conclusion of the final screening assessment is that these five substances are currently not entering, or likely to enter, the environment as a result of commercial activity or from other sources, and therefore that they do not meet the criteria set out in section 64 of CEPA 1999.
However, given the hazardous properties of these "PBiT" (persistent, bioaccumulative and inherently toxic to non-human organisms) substances, there is concern that new activities for the five substances which have not been identified or assessed under CEPA 1999 could lead to the substances meeting the criteria set out in section 64 of the Act. Therefore the DSL has been amended, and these five substances are now subject to the SNAc provisions specified under subsection 81(3) of the Act, which requires that any new manufacture, import or use of any of these substances in quantities greater than 100 kg/year is notified and will undergo ecological and human health risk assessments as specified in section 83 of the Act prior to the substance being introduced into Canada.
On March 6, 2010, nine Notices relating to the final assessment decisions for 14 substances in Batch 7 of the Challenge were published in the Canada Gazette Part I, Vol. 144 No. 10 and the final screening assessments have been released on this Web site (see below).
For three of the substances in Batch 7 (CAS No. 90-94-8, 96-29-7, and 2426-08-6), the conclusion of the final screening assessments is that the substances meet one or more of the criteria in section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), and the Ministers are proposing to add these substances to Schedule 1 of the Act.
For the remaining 11 substances in Batch 7 (CAS No. 78-59-1, 123-91-1, 1325-86-6, 6407-74-5, 6407-78-9, 6786-83-0, 16586-42-8, 25176-89-0, 29398-96-7, 72968-82-2 and 106276-78-2), the conclusion of the final screening assessments is that the substances do not meet the criteria in section 64 of CEPA 1999. The Government has proposed to apply the Significant New Activity (SNAc) provisions specified under subsection 81(3) of CEPA 1999 to nine of these substances (CAS No. 1325-86-6, 6407-74-5, 6407-78-9, 6786-83-0, 16586-42-8, 25176-89-0, 29398-96-7, 72968-82-2 and 106276-78-2) so that they are reassessed prior to being manufactured in, or brought into Canada. The Government will take no further action on the remaining two substances which do not meet the criteria in section 64 of CEPA 1999.
Proposed risk management approach documents were also released on March 6, 2010 for the Batch 7 substances for which the screening assessment conclusion is that the substance meets one or more of the criteria in section 64 of CEPA 1999. These proposed risk management approach documents build on the previously released risk management scope documents, and outline, in more depth, the risk management actions for these substances, including the choice of instruments. There will be a 60-day public comment period on these proposed risk management approach documents, from March 6, 2010 to May 5, 2010. Information on how to submit comments is provided in the proposed risk management approach documents.
| CAS No. | Chemical Substance Public Summary |
Canada Gazette Notice | Public Comments | Final Screening Assessment | Proposed Risk Management Approach | Proposed order1 and RIAS2 |
|---|---|---|---|---|---|---|
|
1 Proposed order adding substances to Schedule 1 to CEPA 1999 (published in Canada Gazette May 1, 2010). 2 RIAS stands for regulatory impact analysis statement. The RIAS provides information to Canadians and decision-makers on regulatory decisions and their impacts to protect and advance the public interest in health, safety and security, the quality of the environment, and the social and economic well-being of Canadians. |
||||||
| 90-94-8 | Methanone, bis[4-(dimethylamino)phenyl]- | none | ||||
| 96-29-7 | 2-Butanone, oxime | |||||
| 2426-08-6 | Oxirane, (butoxymethyl)- | |||||
On August 30, 2008, the Minister of the Environment and the Minister of Health released a Notice in the Canada Gazette for the seventh group of substances identified under the Challenge, entitled: Notice of seventh release of technical information relevant to substances identified in the Challenge. Industry and interested stakeholders were asked to submit information (by responding to a mandatory survey notice, if applicable, and/or a voluntary questionnaire) that could be used to inform risk assessment and to develop and benchmark best practices for risk management and product stewardship.
In order to gather information on these Batch 7 Challenge substances from industry and interested stakeholders, a mandatory survey notice was issued under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). This Notice applied to the 14 substances in Batch 7 of the Challenge.
Industry and interested stakeholders were also invited to complete a voluntary questionnaire or to submit a Declaration of Stakeholder Interest.
In addition, Environment Canada and Health Canada released "substance profiles" for each of these substances, summarizing the scientific information and any relevant uncertainties and specifying the information necessary for improved decision-making.
| Approximate Number | Type of Response |
|---|---|
| 70 | Responses to the mandatory s.71 Notice on Batch 7 substances (responses were received relating to 8 substances in the batch) |
| 23 | Requests for extension of the deadline for s.71 Notice responses granted. |
| 10 | Voluntary submissions of questionnaires for Batch 7 substances (questionnaires were received relating to 6 substances in the batch) |
| 52 | Expressions of "Stakeholder Interest" in substances in Batch 7 (responses were received relating to 13 substances in the batch) |
| 17 | Other submissions (e.g. studies, additional information) (submissions were received relating to 10 substances in the batch) |
On September 5, 2009, a Notice of intent to amend the Domestic Substances List (DSL) to apply the Significant New Activity (SNAc) provisions specified under subsection 81(3) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) to five of the substances in Batch 7 (CAS No. 1325-86-6, 6407-74-5, 6407-78-9, 6786-83-0 and 29398-96-7), was published in the Canada Gazette, Part I. There was a 60-day public comment period associated with this publication.
New information was received from industry or interested stakeholders for all of the 14 substances in Batch 7 of the Challenge. All information that was received further to the publication of the section 71 survey Notice, the voluntary questionnaire and the substance profiles for Batch 7 substances has been in the preparation of draft screening assessments and risk management scope documents for these substances.
On September 5, 2009, nine Notices relating to the release of draft screening assessments for the 14 substances in Batch 7 of the Challenge were published in the Canada Gazette Part I, Vol. 143 No. 36 and the draft screening assessments were released on this Web site. In addition, risk management scope documents (preliminary outlines of the options being examined for the management of substances, based on the proposed conclusions of the draft screening assessments) were released.
There was a 60-day public comment period associated with these publications. Public comments were submitted on (a) the draft screening assessments, (b) the proposal to pursue one of the measures as specified under subsection 77(2) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), and (c) the risk management scope documents. Links to summaries of the public comments received for specific substances in Batch 7 are provided in Tables A and B above. Some comments were received relating to more general themes, and are summarized in the following table:
Following the close of the public comment period, all information that was received relating to the draft screening assessments, proposed measures and risk management scopes for Batch 7 substances was considered in the preparation of final screening assessments and proposed risk management approach documents for these substances.
| Date | Substances Affected | Activity |
|---|---|---|
| 30 August 2008 | All Batch 7 substances | Release of Batch 7 of the Challenge and the accompanying technical documents. |
| 13 January 2009 | All Batch 7 substances | Deadline for submission of information under the section 71 notice on Batch 7 substances (if no extension granted). |
| 6 March 2009 | All Batch 7 substances | Deadline for submission of additional information by interested stakeholders, including on the extent and nature of the management/stewardship of Batch 7 substances. |
| 5 September 2009 | All Batch 7 substances | Publication in Canada Gazette and start of 60-day public comment period on (a) the draft screening assessment, (b) the new information received, (c) the proposal to pursue one of the measures as specified under subsection 77(2) and (d) the risk management scope documents. |
| 5 September 2009 | CAS No. 6407-74-5, 6407-78-9, 1325-86-6, 6786-83-0 and 29398-96-7 | Publication in Canada Gazette of Notice of intent to amend the DSL to apply the Significant New Activity provisions of CEPA 1999, and start of 60-day public comment period. |
| 4 November 2009 | All Batch 7 substances | End of 60-day public comment periods. |
| 6 March 2010 | All Batch 7 substances | Publication in Canada Gazette of final assessment decision under subsection 68 and 77(6), release of Government's proposed risk management approach documents, and start of 60-day public comment period on the proposed risk management approach documents. |
| 31 March 2010 | CAS No. 1325-86-6, 6407-74-5, 6407-78-9, 6786-83-0 and 29398-96-7 | Publication in Canada Gazette of Order amending the DSL to apply the Significant New Activity provisions of CEPA 1999. |
| 1 May 2010 | CAS No. 90-94-8, 96-29-7 and 2426-08-6 | Publication in Canada Gazette of proposed Order adding substances to Schedule 1, and start of 60-day public comment period. |
| 5 May 2010 | All Batch 7 substances | End of 60-day public comment period on the proposed risk management approach documents. |
| 30 June 2010 | CAS No. 90-94-8, 96-29-7 and 2426-08-6 | End of public comment period on the proposed Order adding substances to Schedule 1. |
The Government of Canada regularly hosts stakeholder information workshops to help further explain the Challenge, the associated documentation and how to participate.
For information on the latest stakeholder information workshops on the Challenge, please click on the following link:
Completed questionnaires or requests for additional information should be sent to:
Substances Management Information Line
Chemicals Management Plan
Gatineau, QC K1A 0H3
Telephone: 1-800-567-1999 (in Canada) or 819-953-7156
Fax: 819-953-7155
E-mail: substances@ec.gc.ca