Vol. 143, No. 21 — October 14, 2009

Registration

SOR/2009-276 September 30, 2009

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2009-87-09-01 Amending the Domestic Substances List

Whereas the Minister of the Environment has been provided with information under either paragraph 87(1)(a) or (5)(a) of the Canadian Environmental Protection Act, 1999 (see footnote a) in respect of each substance referred to in the annexed Order;

Whereas, in respect of the substances being added to the Domestic Substances List (see footnote b) pursuant to subsection 87(1) of that Act, the Minister of the Environment and the Minister of Health are satisfied that those substances have been manufactured in or imported into Canada, by the person who provided the information, in excess of the quantity prescribed under the New Substances Notification Regulations (Chemicals and Polymers) (see footnote c);

Whereas the period for assessing the information under section 83 of that Act has expired;

And whereas no conditions under paragraph 84(1)(a) of that Act in respect of the substances are in effect;

Therefore, the Minister of the Environment, pursuant to subsections 87(1), (3) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote d), hereby makes the annexed Order 2009-87-09-01 Amending the Domestic Substances List.

Ottawa, September 24, 2009

JIM PRENTICE
Minister of the Environment

ORDER 2009-87-09-01 AMENDING THE DOMESTIC SUBSTANCES LIST

AMENDMENTS

1. Part 1 of the Domestic Substances List (see footnote 1) is amended by adding the following in numerical order:

31288-93-4 N-P

36087-94-2 N-P

68390-93-2 N

92006-16-1 N-P

121315-16-0 N

124719-24-0 N

136793-29-8 N-P

164843-74-7 N-P

187041-37-8 N-P

218162-90-4 N-P

1040391-52-3 N-P

1075252-93-5 N-P

1075702-92-9 N-P

2. The portion of column 2 of Part 2 of the List before paragraph (a), opposite the reference to substance 431-89-0 T-S in column 1, is replaced by the following:

Column 1 Substance	Column 2 Significant New Activity for which substance is subject to subsection 81(3) of the Act
431-89-0 T-S	1. Any activity involving, in a calendar year, more than 1 000 kg of Propane, 1,1,1,2,3,3,3-heptafluoro-, other than its use (a) in closed loop cooling systems, whether for refrigeration or air conditioning; (b) as a fire suppressant; (c) as an aerosol propellant; or (d) as a flammability suppressant in a foam blowing agent.
	2. The following information must be provided to the Minister, at least 90 days before the beginning of the proposed new activity:

3. Part 3 of the List is amended by adding the following in numerical order:

specific substance identifier	substance name
17276-5 N-P	2-Propenoic acid, 2-methyl-, polymer with 1,2-propanediol mono-2-propenoate and methylalkenyl sodium sulfonate
17553-3 N-P	Benzenedicarboxylic acid, polymer with 2,4-diisocyanato-1-methylbenzene, hexanedioic acid, 1,6-hexanediol, 1,1′-methylenebis[4-isocyanatocyclohexane] and 1,2,3-propanetriol, isononanol- and Me Et ketone oxime-blocked
17717-5 N	Alkylamine maleic anhydride condensation product
18047-2 N-P	2-alkyl-1-alkanol, polyethoxylated, reaction product with 1,6-hexanediisocyanate
18061-7 N-P	Siloxanes and silicones, di-Me, Me hydrogen, polymers with polypropylene glycol bis alkenyl ether
18064-1 N-P	1,3-benzene dicarboxylic acid, polymer with hexanedioic acid and 1,6-hexanediol, diamine, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, 4,4′-methylenedicyclohexyl diisocyanate and 3-isocyanatomethyl-3,5,5-trimethylcyclohexyl isocyanate
18065-2 N-P	2-Propenoic acid, 2-methyl-, butyl ester, polymer with alkyl peroxide, 2-hydroxyethyl 2-methyl-2-propenoate and methyl 2-methyl-2-propenoate
18066-3 N-P	Substituted-alkyl acrylate, polymer with alkenyloxyalkyl-substituted polyoxyalkyldiyl
18067-4 N-P	2-Propenoic acid, 2-methyl-, polymer with butyl 2-propenoate, substituted 2-propenamide, ethenylbenzene and methyl 2-methyl-2-propenoate
18068-5 N-P	1,3-Benzenedicarboxylic acid, polymer with alkenedioic acid, 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, dihydro-3-(tetrapropenyl)-2,5-furandione, hexanedioic acid and α,α′-[(1-methylethylidene)di-4,1-phenylene]bis[ω-hydroxypoly(oxy-1,2-ethanediyl)], and α,α′-[(1-methylethylidene)di-4,1-phenylene] bis[ω-hydroxypoly[oxy(methyl-1,2-ethanediyl)]]
18069-6 N-P	Methacrylic acid, alkyl ester polymer with acrylic acid, alkyl ester, styrene, acrylic acid, hydroxyalkyl ester and methacrylic acid, oxiranylalkyl ester
18074-2 N-P	Aliphatic dicarboxylic acid, polymers with diisocyanate, aliphatic diol, hydroxy-(hydroxymethyl)-carboxylic acid, aromatic dicarboxylic acid, aliphatic diol and aliphatic polyol, compds. with 2-(dimethylamino)ethanol
18075-3 N	5-Isobenzofurancarboxylic acid, 1,3-dihydro-1,3-dioxo-, polymer with 2,2-dimethyl-1,3-propanediol and [(1-methyl-1,2-ethanediyl)bis(oxy)]bis[propanol], substituted epoxy alkyl ester
18076-4 N-P	Fatty acids, soya, polymers with benzoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, carbocyclic diisocyanate, pentaerythritol and phthalic anhydride, compds. with triethylamine
18080-8 N	Alkyl oxirane polymer with alkyl oxirane ether with alkyl triol polymer with polyalkyleneglycol and alkyl isocyanate

COMING INTO FORCE

4. 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.)

Issue and objectives

The purpose of the Order 2009-87-09-01 Amending the Domestic Substances List (the Order), made under subsections 87(1), (3) and (5) of the Canadian Environmental Protection Act, 1999, is to add 28 substances to the Domestic Substances List and to make corrections to the list. Since a substance can not appear on both the Domestic Substances List and the Non-domestic Substances List, an Order to remove the names of nine substances from the Non-domestic Substances List is being proposed as a result.

Description and rationale

The Domestic Substances List

Subsection 66(1) of the Canadian Environmental Protection Act, 1999 requires the Minister of the Environment to maintain a list of substances, to be known as the “Domestic Substances List,” which specifies “all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986, (a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or (b) in Canadian commerce or used for commercial manufacturing purposes in Canada.”

For the purposes of the Canadian Environmental Protection Act, 1999, the Domestic Substances List is the sole basis for determining whether a substance is “existing” or “new” to Canada. Substances on the Domestic Substances List, except those identified with the indicator “S”, “S′ ” or “P” (see footnote 2), are not subject to the requirements of section 81 of the Canadian Environmental Protection Act, 1999 and of its Regulations, namely the New Substances Notification Regulations (Chemicals and Polymers) made under section 89 of the Canadian Environmental Protection Act, 1999. Substances that are not on the Domestic Substances List will require notification and assessment as prescribed by these Regulations, before they can be manufactured in or imported into Canada.

The Domestic Substances List was published in the Canada Gazette, Part II, in May 1994. However, the Domestic Substances List is not a static list and is subject, from time to time, to additions, deletions or corrections that are published in the Canada Gazette. The Order 2001-87-04-01 Amending the Domestic Substances List (SOR/2001-214), published in the Canada Gazette, Part II, on July 4, 2001, establishes the structure of the List, whereby substances are listed by categories based on certain criteria in corresponding parts, and sets out the conditions to apply relevant indicators to a substance’s name (see footnote 3).

The Non-domestic Substances List

The United States Toxic Substances Control Act Inventory has been chosen as the basis for the Non-domestic Substances List. On a semi-annual basis, the Non-domestic Substances List is updated based on amendments to the American inventory. The Non-domestic Substances List only applies to substances that are chemicals and polymers. Substances added to the Non-domestic Substances List remain subject to notification and scientific assessment as new substances in Canada when manufactured or imported quantities exceed 1 000 kg per year, in order to protect the environment and human health. However, they are subject to fewer information requirements.

Additions to the Domestic Substances List

Subsection 87(1) of the Canadian Environmental Protection Act, 1999 requires the Minister of the Environment to add a chemical or a polymer to the Domestic Substances List within 120 days after the following conditions are met: “(a) the Minister has been provided with information in respect of the substance under section 81 or 82 and any additional information or test results required under subsection 84(1); (b) the Ministers are satisfied that the substance has been manufactured in or imported into Canada by the person who provided the information in excess of (i) 1 000 kg in any calendar year, (ii) an accumulated total of 5 000 kg, or (iii) the quantity prescribed for the purposes of this section; (c) the period for assessing the information under section 83 has expired; and (d) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.”

Subsection 87(5) of the Canadian Environmental Protection Act, 1999 requires the Minister to add a chemical or a polymer to the Domestic Substances List within 120 days after the following conditions are met: “(a) the Minister has been provided with any information in respect of the substance under subsections 81(1) to (13) or section 82, any additional information or test results required under subsection 84(1), and any other prescribed information; (b) the period for assessing the information under section 83 has expired; and (c) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.”

As the 28 substances met the criteria under subsections 87(1) or 87(5), the Order adds them to the Domestic Substances List.

Publication of masked names

Section 88 of the Canadian Environmental Protection Act, 1999 requires the use of a masked name where the publication of the explicit chemical or biological name of a substance would result in the release of confidential business information in contravention of section 314 of the Canadian Environmental Protection Act, 1999. The procedure to be followed for creating such a name is set out in the Masked Name Regulations. Of the 28 substances the Order adds to the Domestic Substances List, 15 are represented by masked names. Despite section 88, the identity of these substances may be disclosed by the Minister in accordance with sections 315 or 316 of the Canadian Environmental Protection Act, 1999. Regulatees that wish to determine if a substance is listed on the confidential portion of the Domestic Substances List must file a Notice of Bona Fide intent to manufacture or import with the New Substances Program.

Additional Change to the Domestic Substances List

The substance with CAS number 431-89-0 is subject to the Significant New Activity provision of the Canadian Environmental Protection Act, 1999 as indicated in column 2 of Part 2 of the List. The description of the new activities is being amended to include the use of the substance as flame suppressant in a foam blowing agent.

Deletions from the Non-domestic Substances List

Substances added to the Domestic Substances List, if they appear on the Non-domestic Substances List, are deleted from that List as indicated under subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999. Nine of the substances that are being added to the Domestic Substances List are present on the Non-domestic Substances List, and are therefore proposed to be deleted from that list.

Alternatives

The Canadian Environmental Protection Act, 1999 sets out a process for updating the Domestic Substances List in accordance with strict timelines. Since the 28 substances covered by the Order met the criteria for addition to that List, no alternative to the addition has been considered.

Similarly, there is no alternative to the proposed Non-domestic Substances List correction, since substances can not appear on both the Domestic Substances List and the Non-domestic Substances List.

Benefits and costs

Benefits

The amendment of the Domestic Substances List will benefit the public and governments by identifying additional substances that are in commerce in Canada, and will also benefit industry by exempting them from all assessment and reporting requirements under section 81 of the Canadian Environmental Protection Act, 1999.

Costs

There will be no incremental costs to the public, industry or governments associated with the Order.

Consultation

As the Order is administrative in nature and does not contain any information that would be subject to comment or objection by the general public, no consultation was required.

Implementation, enforcement and service standards

The Domestic Substances List identifies substances that, for the purposes of the Canadian Environmental Protection Act, 1999, are not subject to the requirements of the New Substances Notification Regulations (Chemicals and Polymers). Furthermore, as the Order only adds 28 substances to the Domestic Substances List with no new requirements, developing an implementation plan, a compliance strategy or establishing a service standard is not required.

Contact

Mr. Mark Burgham
Acting Executive Director
Program Develpment and Engagement Division
Science and Risk Assessment Directorate
Science and Technology Branch
Environment Canada
Gatineau, Quebec
K1A 0H3
New Substances Information Line:
1-800-567-1999 (toll free in Canada)
819-953-7156 (outside of Canada)

Footnote a
S.C. 1999, c. 33

Footnote b
SOR/94-311

Footnote c
SOR/2005-247

Footnote d
S.C. 1999, c. 33

Footnote 1
SOR/94-311

Footnote 2  
Some substances listed on the Domestic Substances List with the indicator “S” or “S′ ” may require notification in advance of their manufacture, import or use for a significant new activity. As well, substances with the indicator “P” require notification in advance of their manufacture or import if they are in a form that no longer meets the reduced regulatory requirement criteria as defined in the New Substances Notification Regulations (Chemicals and Polymers).

Footnote 3
 For more information, please visit www.gazette.gc.ca/archives/p2/2001/2001-07-04/pdf/g2-13514.pdf.

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).