ARCHIVED — Regulations Amending the 2-Butoxyethanol Regulations

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Vol. 144, No. 41 — October 9, 2010

Statutory authority

Canadian Environmental Protection Act, 1999

Sponsoring departments

Department of the Environment and Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The intent of the proposed Regulations Amending the 2-Butoxyethanol Regulations (the proposed Amendments) is to address administrative issues that have been raised since the 2-Butoxyethanol Regulations (the Regulations) were finalized.

The Regulations were published in the Canada Gazette, Part II, on December 27, 2006.

The purpose of the Regulations is to protect the health of Canadians by limiting the concentration of 2-butoxyethanol (2-BE) in commercial and consumer products designed for indoor use. The substance 2-BE is a solvent used in products such as cleaners, paints and coatings.

Following publication in the Canada Gazette, Part II, the Standing Joint Committee for the Scrutiny of Regulations (the Committee) recommended that the Department address several concerns with respect to the consistency of the English and French regulatory texts and the clarity of the Regulations.

Since the Regulations came into force, the Department has also identified regulatory provisions that may be unclear. By making these amendments to the Regulations, the Department would improve the clarity of the Regulations and address inconsistencies between the English and French regulatory texts. In so doing, the proposed Amendments would facilitate understanding of the Regulations and prevent possible misinterpretations.

Description and rationale

Proposed improvements to the clarity of the Regulations

The proposed Amendments would make several administrative changes to clarify the Regulations.

  • In paragraph 2(1)(a) and paragraph 3(a) of the Regulations, the proposed Amendments would specify that the manufacturers’ written instructions must not result in a dilution of the product to a concentration which is greater than the limit set out in the Regulations.
  • Subsections 4(4) and 8(4) of the Regulations currently have the following text: “in writing or in an electronic format that is compatible with the one used by the Minister.” The proposed Amendments would replace this wording with “in writing” since “in writing” includes all written formats.
  • The proposed Amendments would modify subsection 8(2) of the English regulatory text to request the civic address of the laboratory used to determine the concentration of 2-BE in products. This would ensure consistency between the English and French regulatory texts in this subsection.
  • Section 8 of Schedule 2 of the Regulations, which outlines rules on confidentiality, would be repealed as it is no longer considered to be a necessary component of the information to be provided in an application for a permit.
  • To improve the clarity of the Regulations, the proposed Amendments would amend footnote 1 of Schedule 1 by exempting internal engine cleaners since this type of commercial automobile cleaner product is not intended to be regulated. The proposed exemption would respond to inquiries by industry and provide certainty regarding Environment Canada’s intent. Internal engine cleaners are used outdoors and in garages, and require a trained mechanic to install. Further, the risk of 2-butoxyethanol exposure is minimized by the presence of exhaust capture systems in garages.

Proposed changes to permit application requirements

The proposed Amendments would modify subsection 4(5) and subsection 5(2) of the Regulations to specify that the Minister can request additional information from permit applicants and refuse to issue a permit if the provided information is incomplete or insufficient.

Proposed changes in response to Committee recommendations

In response to recommendations from the Committee, the proposed Amendments would make additional changes to ensure consistency between the English and French regulatory texts, and improve the clarity of the Regulations.

Benefits and costs

Benefits

The proposed Amendments would improve the clarity of the Regulations and ensure consistency between the English and French regulatory texts. Improved clarity and consistency would reduce the likelihood of misinterpretation for all stakeholders, including industry, government and Canadians, and would ensure that the interpretation of regulatory provisions is consistent with the intended scope of the Regulations.

The proposed Amendments would also improve the administration of the Regulations.

Costs

The proposed Amendments are administrative in nature, would not result in any substantive changes to the Regulations, and would not result in any incremental costs for the industry, the public, or the Government.

Consultation

The proposed Amendments are administrative in nature, and would not make any substantive changes to the Regulations. Formal stakeholder consultations were therefore not held.

Implementation, enforcement and service standards

The proposed Amendments would not alter the manner in which the Regulations are enforced. Since the proposed Amendments would not make any substantive changes to the Regulations, they would not result in the implementation of any new programs or activities. Consequently, developing an implementation plan or service standard is not required.

Contacts

Yann Guilbault
Products Division
Environment Canada
351 Saint-Joseph Boulevard, 18th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-1669
Fax: 819-953-3132
Email: Yann.Guilbault@ec.gc.ca

Luis Leigh
Regulatory Analysis and Valuation
Environment Canada
10 Wellington Street, 24th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-1170
Fax: 819-994-6787
Email: Luis.Leigh@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), that the Governor in Council proposes, pursuant to subsection 93(1) and section 319 of that Act, to make the annexed Regulations Amending the 2-Butoxyethanol Regulations.

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 Regulations 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 sent to the Director, Products Division, Department of the Environment, Gatineau, Quebec K1A 0H3.

A person who provides the Minister with information may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, September 30, 2010

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE 2-BUTOXYETHANOL REGULATIONS

1. (1) Paragraph 2(1)(a) of the 2-Butoxyethanol Regulations (see footnote 1) is replaced by the following:

(a) dilution of the product is required, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that product before it is used and that product is either labelled with or accompanied by those instructions in both official languages and these instructions would not result in dilution of the product to a concentration greater than the limit set out in that column for that product; or

(2) Paragraph 2(1)(b) of the French version of the Regulations is replaced by the following:

b) la personne est titulaire d’un permis délivré en vertu de l’article 5 et, dans le cas où le produit doit être dilué avant utilisation, les instructions écrites du fabricant sur le mode de dilution dans les deux langues officielles doivent figurer sur l’étiquette du produit ou accompagner celui-ci.

2. (1) Paragraph 3(a) of the Regulations is replaced by the following:

(a) dilution of the product is required, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that product before it is used and that product is either labelled with or accompanied by those instructions in both official languages and these instructions would not result in dilution of the product to a concentration greater than the limit set out in that column for that product; or

(2) Paragraph 3(b) of the French version of the Regulations is replaced by the following:

b) le produit a été fabriqué ou importé aux termes d’un permis délivré en vertu de l’article 5, la vente ou la mise en vente a lieu au plus tard un an après l’expiration du permis et, dans le cas où le produit doit être dilué avant utilisation, les instructions écrites du fabricant sur le mode de dilution dans les deux langues officielles doivent figurer sur l’étiquette du produit ou accompagner celui-ci.

3. (1) Subsection 4(1) of the English version of the Regulations is replaced by the following:

4. (1) Any person that imports or manufactures a product set out in column 1 of Schedule 1 whose concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that product, other than a product referred to in paragraph 2(1)(a), shall hold a permit.

(2) Subsection 4(4) of the Regulations is replaced by the following:

(4) The application and certification shall be submitted in writing and shall bear the signature of the applicant or their authorized representative.

(5) The Minister may, on receiving an application, require further details that pertain to the information contained in the application and that are necessary for the application to be processed.

4. (1) Paragraph 5(1)(a) of the Regulations is replaced by the following:

(a) it is not technically or economically feasible for the applicant at the time of the application to reduce the concentration of 2-butoxyethanol in the product to the limit set out in column 2 of Schedule 1 for that product;

(2) Paragraph 5(1)(c) of the Regulations is replaced by the following:

(c) a plan has been prepared identifying the measures to be taken by the applicant so that the concentration of 2-butoxyethanol in the product to be manufactured or imported will be within the limit set out in column 2 of Schedule 1 for that product; and

(3) Subsection 5(2) of the Regulations is replaced by the following:

(2) The Minister shall refuse to issue a permit if

(a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; or

(b) information required under subsection 4(2) or (5) has not been provided or is insufficient to enable the Minister to process the application.

5. (1) Subsection 8(2) of the Regulations is replaced by the following:

(2) Every person that manufactures or imports a product set out in column 1 of Schedule 1 shall keep a record of the results of any analysis conducted to determine the concentration of 2-butoxyethanol in the product, either as diluted in accordance with the manufacturer’s written instructions — in the case of a product that is to be diluted — or as it is manufactured, the name and civic address of the laboratory that performed the analysis and any supporting documents related to the analysis for a period of at least five years, beginning on the date of the analysis.

(2) Subsection 8(4) of the Regulations is replaced by the following:

(4) The person shall keep the required information, certification, test results and supporting documents in writing.

6. Schedule 1 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 1” with the following:

(Section 1, subsection 2(1), section 3, subsection 4(1), paragraphs 5(1)(a) and (c), subsection 8(2) and Schedule 2)

7. Footnote 1 of Schedule 1 to the Regulations is replaced by the following:

1  Does not include automobile degreasers or internal engine cleaners.

8. Section 3 of Schedule 2 to the Regulations is replaced by the following:

3. Evidence that it is not technically or economically feasible for the applicant at the time of the application to reduce the concentration of 2-butoxyethanol in the product to the limit set out in column 2 of Schedule 1 for that product.

9. Section 8 of Schedule 2 to the Regulations is repealed.

COMING INTO FORCE

10. These Regulations come into force on the day on which they are registered.

[41-1-o]

Footnote a
S.C. 2004, c. 15, s. 31

Footnote b
S.C. 1999, c. 33

Footnote 1
SOR/2006-347