Vol. 144, No. 3 — February 03, 2010

Registration

SOR/2010-14 January 21, 2010

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2010-87-01-01 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 2010-87-01-01 Amending the Domestic Substances List.

Ottawa, January 18, 2010

JIM PRENTICE
Minister of the Environment

ORDER 2010-87-01-01 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:

CAS Numbers	CAS Numbers	CAS Numbers	CAS Numbers	CAS Numbers
25085-20-5 N	167078-06-0 N	667905-24-0 N	877593-24-3 N-P	915152-15-7 N
87366-35-6 N-P	298793-16-5 N-P	674288-14-3 N-P	897626-46-9 N	1001354-72-8 N
115172-27-5 N-P	397304-94-8 N-P	760949-12-0 N-P	905594-44-7 N-P	1040872-95-4 N-P

2. The portion of column 2 of Part 2 of the English version of the List after the paragraph beginning “In relation to the substance Phosphoric acid,” and before paragraph (a), opposite the reference to substance 15365-14-7 N-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
15365-14-7 N-S	The following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 10 kg in a calendar year, where the substance has a particle size between 1 and 100 nanometres:

3. (1) Part 3 of the List is amended by deleting the following:

Specific Substance Identifier	Substance name
13753-1 N-P	Polymer of 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane with polymer of polyheterocycle with α, α′, α″-1,2,3-propanetriyltris[ω-hydroxypoly[oxy(methyl-1,2-ethanediyl)]], polymer of 1,6-hexanedioic acid with diethylene glycol, 1,2-ethanediamine, 2-aminoethanol and N,N-diethylethanamine

(2) Part 3 of the List is amended by adding the following in numerical order:

Specific Substance Identifier	Substance name
11933-8 N-P	Phthalic anhydride polymer with benzoic acid, alkyl aminoalkyl methacrylate, unsaturated fatty acid, alkyl acrylate, cycloaliphatic methacrylate, methyl methacrylate, unsaturated fatty acid, polyol, polyol ether, vinyl toluene and t-bu perbenzoate
13753-1 N-P	5-Isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, polymer with polyheterocycle, α, α’, α”-1,2,3-propanetriyltris[ω-hydroxypoly[oxy(methyl-1,2-ethanediyl)]], 1,6-hexanedioic acid, diethylene glycol and N,N-diethylethanamine
15718-4 N-P	Copolymer of alkyl unsaturated acrylic monomers, methacrylic acid and functionalized acrylamide
18070-7 N-P	2-Propenoic acid, 2-methyl-, polymer with butyl 2-propenoate, 2-hydroxyethyl 2-methyl-2-propenoate, methyl 2-methyl-2-propenoate and fluoroalkyl methacrylate
18072-0 N-P	Carbonic acid, dimethyl ester, polymer with alkyldiol, 1,4-cyclohexanedimethanol, cyclohexane, 1,1′-methylenebis[4-isocyanato- and 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, compd. with N,N-diethylethanamine
18100-1 N-P	Trisiloxane, alkyl-, reaction products with maleated polyethylene octyl esters
18102-3 N-P	Castor oil, modified, polymer with di-Me carbonate, ethylenediamine, 1,6-hexanediol, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, and 1,1′-methylenebis(4-isocyanatocyclohexane), compd. with triethylamine
18105-6 N-P	2-Alkenedioic acid (2Z)-, polymer with 2-propenamide and 2-propenoic acid, sodium salt
18107-8 N-P	Hexanedioic acid, polymer with 2,2-dimethyl-1,3-propanediol, 1,6-hexanediol, hydrazine, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, 1,1′-methylenebis(4-isocyanatocyclohexane) and 2-methyloxirane polymer with oxirane 2-[[3-(2-hydroxyethoxy)-3-oxypropyl]amino]propyl alkyl ether, compd. with N,N-diethylethanamine
18108-0 N-P	Alpha-Alkenes, polymers with alkenylic acid anhydride, alkyl esters
18110-2 N-P	Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with aliphatic dicarboxylic acid, 1,4-cyclohexanedimethanol, glycidyl neodecanoate, 1,6-hexanediol, hydrazine, 3-hydroxy-2-(hydroxymethyl)2-methylpropanoic acid, 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, 1,1′-methylenebis (4-isocyanatocyclohexane), 4-oxopentanoic acid and trimethylolpropane, compds. with triethylamine

4. The portion of column 2 of Part 4 of the English version of the List after the paragraph beginning “In relation to the substance Silane homopolymer,” and before paragraph (a), opposite the reference to substance 17953-7 N-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
17953-7 N-S	The following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 10 kg in a calendar year, where the substance has a particle size between 1 and 100 nanometres:

COMING INTO FORCE

5. 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 2010-87-01-01 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 25 substances to the Domestic Substances List and to make corrections to the Domestic Substances List. Since a substance cannot appear on both the Domestic Substances List and the Non-domestic Substances List, an Order to remove the names of five substances from the Non-domestic Substances List is being made.

Description and rationale

The Domestic Substances List

Subsection 66(1) of the Canadian Environmental Protection Act, 1999 requires that the Minister of the Environment 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 (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; and (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 25 substances met the criteria under subsections 87(1) or (5), the Order adds them to the Domestic Substances List.

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. Five of the substances added to the Domestic Substances List were present on the Non-domestic Substances List, and are therefore deleted.

Corrections to the Domestic Substances List

Corrections to the Domestic Substances List are made by deleting the erroneous substance identification and then adding the appropriate one. A correction is made for a substance that was listed using an inappropriate name.

Furthermore, the Standing Joint Committee for the Scrutiny of Regulations identified the need for corrections to two significant new activity notices published under a previous order (Order 2008-87-12-01 Amending the DomesticSubstances List). The Order makes the necessary corrections in column 2 of Part 2 of the List, by adding the word “year” after “calendar” in the English version of the 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 25 substances the Order adds to the Domestic Substances List, 10 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. Persons 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.

Alternatives

The Canadian Environmental Protection Act, 1999 sets out a process for updating the Domestic Substances List in accordance with strict timelines. Since the 25 substances covered by the Order met the criteria for addition to that List, no alternative to their addition has been considered.

Similarly, there is no alternative to the Non-domestic Substances List correction, since substances’ names cannot be on both the Domestic Substances List and the Non-domestic Substances List.

Benefits and costs

Benefits

The amendment to 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. In addition, the Order will improve the accuracy of the substances list by making necessary corrections.

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 25 substances to the Domestic Substances List with no new requirements, makes necessary deletions to the Non-domestic Substances List and makes necessary corrections to the Domestic Substances List, developing an implementation plan, a compliance strategy or establishing a service standard is not required.

Contact

Mr. Mark Burgham
Acting Executive Director
Program Development 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).