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Release of final screening assessment report on 145 PBiT substances and order amending the DSL to apply the Significant New Activity provisions of CEPA 1999 to these substances
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On June 7, 2008 a notice of publication of final decision on the screening assessment of 145 substances on the Domestic Substances List (DSL) was published in the Canada Gazette, Part I.
On June 25, 2008, an order amending the DSL to apply the Significant New Activity provisions of CEPA 1999 to these 145 substances was published in the Canada Gazette, Part II.
- Background
- Final screening assessment report on 145 PBiT substances
- Order amending the DSL to apply the SNAc provisions of CEPA 1999 to 145 PBiT substances
Background
The results of Categorization indicate that there are 397 substances on the Domestic Substances List that are Persistent, Bioaccumulative and inherently Toxic (PBiT) to non-human organisms, according to the 
Categorization criteria. Preliminary research indicated that a high percentage of these substances may no longer be manufactured in or imported into Canada. To establish whether this was the case, surveys were conducted on these substances in 2001 and 2006 by issuing Notices pursuant to paragraphs 71(1)(a) and (b) of CEPA 1999 in the Canada Gazette Part I.
Based on the survey results, there were no reports of industrial activity (import or manufacture) with respect to 148 of these PBiT substances in Canada, above the reporting threshold of 100 kg for the specified reporting years. These results suggest that currently the likelihood of exposure to these substances in Canada resulting from commercial activity is low. In addition, no companies identified themselves as having an interest in any of the substances listed in the 2006 Notice, providing further evidence that these substances are currently not of commercial interest in Canada.
The proposed conclusion of the draft screening assessment was that the 148 PBiT substances are currently not entering, or likely to enter, the environment as a result of commercial activity, and therefore that they do not meet the criteria set out in section 64 of CEPA 1999.
However, given the hazardous PBiT properties of these substances, there is concern that new activities for the above 148 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 148 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.
The draft screening assessment report and the notice of intent to apply the SNAc provisions of CEPA 1999 to these substances were released on December 9, 2006, for a 60-day public comment period. The public had between December 9, 2006 and February 7, 2007 to submit written comments to the Minister of the Environment.
Final screening assessment report on 145 PBiT substances
Environment Canada and Health Canada have considered the new information received during the public comment period on the draft screening assessment report and the notice of intent to apply the SNAc provisions of CEPA 1999 to 148 PBiT substances. As a result, three of the initial 148 PBiT substances are no longer considered eligible for the application of the SNAc provisions.
For two of these PBiT substances, CAS RN 13080-86-9 and 71032-95-6, evidence was provided indicating that they are presently in commerce in Canada. Therefore, these substances have been recommended for addition to the Challenge program.
A third substance, CAS RN 71832-83-2, has been found no longer to meet the categorization criteria for bioaccumulation (B) and inherent toxicity (iT). This substance will be assessed separately and the conclusions of the assessment will be published later this year.
Pursuant to paragraph 77 (6) of CEPA 1999, Environment Canada and Health Canada have considered comments received during the public comment period and have completed the final screening assessment of 145 PBiT substances.
The final report concludes that none of these 145 substances meet any of the criteria set out under section 64 of CEPA 1999. Therefore, it is recommended to take no further action on these substances at this time.
More information on the final assessment report is available at:
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Canada Gazette, Part I: Publication of the final decision on the screening assessment of 145 substances on the Domestic Substances List ( PDF Version) -
Final Screening Assessment Report for the Screening Assessment of 145 PBiT Substances.
You may also obtain a copy of the final screening assessment report by contacting: existing.substances.existantes@ec.gc.ca.
Order amending the DSL to apply the SNAc provisions of CEPA 1999 to 145 PBiT substances
Environment Canada and Health Canada have considered comments received during the public comment period on the notice of intent to apply the SNAc provisions of CEPA 1999 to 148 PBiT substances. As a result, 145 PBiT substances are considered eligible for the application of the SNAc provisions.
An order amending the Domestic Substances List to apply the Significant New Activity provisions of CEPA 1999 to 145 PBiT substances was published in the Canada Gazette Part II on June 25, 2008.
