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Release of final screening assessment report on non-pesticidal uses of six substances

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• Publication of order amending the DSL to apply the SNAc provisions of CEPA 1999 to six substances with exclusive pesticidal uses 
• Release of final screening assessment report on non - pesticidal uses of six substances 
• Background

Order amending the DSL to apply the SNAc provisions of CEPA 1999 to six substances with exclusive pesticidal uses

On August 19th, 2009, an Order amending DSL to apply the Significant New Activity (SNAc) provisions specified under subsection 81(3) of  CEPA 1999 to 6 substances was published in the Canada Gazette, Part II.

•  Canada Gazette Part II: Vol. 143, No. 14 - Order 2009-87-03-04 amending the Domestic Substances List ( PDF Version - 2345 K)

The conclusion of the final screening assessment is that these six substances are currently not entering, or likely to enter, the environment from applications not registered under the PCPA, and therefore that they do not meet the criteria set out in section 64 of CEPA 1999.

However, given the hazardous properties of these substances, there is concern that new activities for the six 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 six substances are now subject to the SNAc provisions specified under subsection 81(3) of the Act, which require 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.

The six pesticides have undergone an environmental and human health risk assessment, and will continue to be regulated under the Pest Control Products Act.

Release of final screening assessment report on non-pesticidal uses of six substances

On August 8th, 2009 a Notice relating to the final assessment decision on the non-pesticidal uses of six substances on the Domestic Substances List (DSL) (trifluralin, atrazine, chlorothalonil, chlorophacinone, methoxychlor and pentachlorophenol) was published in the Canada Gazette, Part I , pursuant to paragraph 77 (6) of the Canadian Environmental Protection Act, 1999 (CEPA 1999).

•  Canada Gazette Part I: Vol. 143, No. 26 - Publication of final decision on the screening assessment of six substances on the Domestic Substances List -- benzenamine, 2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)- (trifluralin); 1,3,5-triazine-2,4-diamine, 6-chloro-N-ethyl-N′-(1-methylethyl)- (atrazine); 1,3-benzenedicarbonitrile, 2,4,5,6-tetrachloro- (chlorothalonil); 1H-indene-1,3(2H)-dione, 2-[(4-chlorophenyl)phenylacetyl]- (chlorophacinone); benzene, 1,1′-(2,2,2-trichloroethylidene)bis[4-methoxy- (methoxychlor); and phenol, pentachloro- (pentachlorophenol) -- (subsection 77(6) of the Canadian Environmental Protection Act, 1999) ( PDF Version - 1137 K)

All six substances are registered or have been registered as active ingredients in pest control products under the Pest Control Products Act (PCPA) and have undergone an environmental and human health risk assessment by Health Canada's Pest Management Regulatory Agency (PMRA) as part of their registration process. Two of the substances (atrazine and chlorophacinone) have recently undergone re-evaluation resulting in continued registration for specific applications. Three of the substances (trifluralin, chlorothalonil and pentachlorophenol) are currently undergoing re-evaluation. All pesticidal uses of methoxychlor have been discontinued as of December 31, 2005, and this substance is no longer registered under the PCPA.

This final screening assessment report on the non-pesticidal uses of these six substances concludes that these substances are currently not entering, or likely to enter, the environment from applications not registered under the PCPA, and therefore none of the substances meet any of the criteria set out under section 64 of CEPA 1999.

•  Final screening assessment report on non-pesticidal uses of six substances ( PDF Version - 103 K)

You may also obtain a copy of the final screening assessment report by contacting: existing.substances.existantes@ec.gc.ca.

On August 19^th, 2009 an order amending the DSL to apply the Significant New Activity provisions of CEPA 1999 to these 6 substances will be published in the Canada Gazette, Part II.

Background

Trifluralin, atrazine, chlorothalonil, chlorophacinone, methoxychlor and pentachlorophenol are among 123 substances on the Domestic Substances List (DSL) that were selected for a DSL screening assessment pilot project. All six substances were determined to meet categorization criteria under subsection 73(1) of CEPA 1999.

For the screening assessment under CEPA 1999 of registered pesticides on the DSL, the approach of Environment Canada and Health Canada is to conduct an entry characterization of the substances in Canada and then evaluate any non-pesticidal releases and sources.

Release of draft screening assessment report

On June 23^rd, 2007 a notice with respect to the draft screening assessment report on the non-pesticidal uses of six substances (trifluralin, atrazine, chlorothalonil, chlorophacinone, methoxychlor and pentachlorophenol) was published in the Canada Gazette, Part I.

•  Canada Gazette, Part I: Vol 141 No. 25 - Notice of release of the draft screening assessment report on six substances ( PDF Version - 1863 K)

The proposed conclusion of the draft screening assessment was that the six substances are currently not entering, or likely to enter, the environment from applications not registered under the PCPA. Therefore it was proposed that they do not meet the criteria set out in section 64 of CEPA 1999.

There was a 60-day public comment period associated with this publication. Public comments were submitted on the draft screening assessment report and are summarized in the following table:

•  Summary of public comments and Government response ( PDF Version - 24 K)

Following the close of the public comment period, all information that was received was considered by Government officials in the preparation of the final screening assessment report for these substances.

Publication of notice of intent to amend the DSL to apply the SNAc provisions of CEPA 1999 to six substances with exclusive pesticidal uses

•  Canada Gazette, Part I: Vol 141 No. 25 - Notice of intent to apply the SNAc provisions of CEPA 1999 to the six substances ( PDF Version - 1863 K)

On June 23^rd, 2007 a notice of intent to amend the DSL to apply the Significant New Activity (SNAc) provisions of CEPA 1999 to six pesticide substances was published in the Canada Gazette, Part I. There was a 60-day public comment period associated with this publication.

An industrial survey conducted under section 71 of CEPA 1999 revealed no non-pesticidal uses of these substances in Canada above reporting thresholds in 2000. Entry characterizations consisted of additionally searching for information on releases and sources of the substances in relevant databases and on the internet, and reviewing findings for both Canada and elsewhere. Searches for these substances were conducted up to September 2007, and no information was found on non-pesticidal uses or releases of these substances in Canada. Therefore, the likelihood of exposure to these substances in Canada resulting from non-pesticidal uses is low.

The proposed conclusion of the draft screening assessment was that the six substances are currently not entering, or likely to enter, the environment from applications not registered under the PCPA, and therefore that they do not meet the criteria set out in section 64 of CEPA 1999.

However, given the hazardous properties of these substances, there is concern that new non-pesticidal activities for the six 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, it was recommended that the six substances be subject to the Significant New Activity provisions specified under subsection 81(3) of the Act, to ensure 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.