Vol. 145, No. 9 — April 27, 2011

Registration

SOR/2011-106 April 6, 2011

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

ARCHIVED — Order 2011-87-03-01 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 2011-87-03-01 Amending the Domestic Substances List.

Gatineau, April 4, 2011

PETER KENT
Minister of the Environment

ORDER 2011-87-03-01 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:

26353-05-9 N-P

27155-26-6 N-P

98086-54-5 N-P

127798-31-6 N-P

174322-28-2 N-P

710313-77-2 N-P

779327-41-2 N-P

960607-49-2 N-P

1227680-89-8 N-P

2. Part 2 of the List is amended by adding the following in numerical order:

Column 1

Substance

Column 2
Significant New Activity for which substance is subject to subsection 81(3) of the Act

1962-75-0 N-S
  1. 1. The manufacture in Canada involving, in any one calendar year, more than 100 kg of the substance 1,4-Benzenedicarboxylic acid, 1,4-dibutyl ester.
  2. 2. For each significant new activity, the following information must be provided to the Minister at least 90 days before the commencement of each proposed significant new activity:
    1. (a) a description of the proposed significant new activity in relation to the substance;
    2. (b) the information specified in Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    3. (c) the information specified in item 8 of Schedule 5 to those Regulations;
    4. (d) the information specified in item 11 of Schedule 6 to those Regulations;
    5. (e) the following information related to the manufacturing of the substance in Canada:
      1. (i) a brief description of the manufacturing process that details precursors of the substance, reaction stoichiometry, batch or continuous nature, and scale of the process,
      2. (ii) a flow diagram describing the manufacturing process and its main components such as process tanks, holding tanks and distillation towers, and
      3. (iii) a brief description of the major steps in manufacturing operations, the chemical conversions, the points of entry of all feedstock, the points of release of substances, and the processes to eliminate environmental releases; and
      (f) all other information or test data concerning the substance that are in the possession of the person who intends to use the substance for the proposed significant new activity, or to which they have access, and that are relevant to determining whether the substance is toxic or capable of becoming toxic.
    3. The above information will be assessed within 90 days after the day on which it is received by the Minister.

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

18052-7 N-P

Substituted carbomonocycle, polymer with 1,4-Butanediol, 1,4-Cyclohexanedicarboxylic acid, 1,3-dihydro-1,3-dioxo-5-Isobenzofurancarboxylic acid and 1,2-Propanediol

18251-8 N-P

1,3-Benzenedicarboxylic acid, polymer with (2E)-2-butenedioic acid, 2,2-dimethyl-1,3-propanediol and 2-ethyl-2-(hydroxymethyl)-1,3-propanediol, heteropolycycle ethyl ester

18252-0 N

2,5-Pyrrolidinedione, 3-alkyl 2-alkenyl derivs.

18254-2 N-P

2-Propenoic acid, 2-methyl-, 2-hydroxyethyl ester, polymer with alkyl 2-propenoate, ethenyl benzene and rel-(1R,2R,4R)-1,7,7,-trimethylbicyclo[2.2.1]hept-2-yl, 2-methyl-2-propenoate, tert-Bu peroxide-initiated

18255-3 N-P

2-Propenoic acid, telomer with sodium phosphinate (1:1), oxidized, esters with polyethylene glycol, peroxydisulfuric acid ([(HO)S(O)2 ]2O2) sodium salt (1:2)-initiated, reaction products with polyethylene-polypropylene glycol 2-aminopropyl Me ether

4. Part 4 of the List is amended by adding the following in numerical order:

Column 1

Substance

Column 2
Significant New Activity for which substance is subject to subsection 81(3) of the Act

18253-1 N-S
  1. 1. The use of the substance 1-Alkanol, polyfluoro-, reaction products with phosphorus oxide (P2O5), ammonium salts in Canada, in any quantity, other than for use as
    1. (a) an additive in paints and coatings;
    2. (b) an additive in floor waxes and floor finishes;
    3. (c) a component of a protective sealer for stone, masonry, grout or concrete for application in
      1. (i) an industrial setting, or
      2. (ii) any other setting where a label is affixed to the container indicating that the product must not be spray applied; or
      (d) a research and development substance, as defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers).
    2. For each significant new activity, the following information must be provided to the Minister at least 90 days before the commencement of each proposed significant new activity:
    1. (a) a description of the proposed significant new activity in relation to the substance;
    2. (b) the information specified in Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    3. (c) the information specified in items 8 and 10 of Schedule 5 to those Regulations;
    4. (d) in regard to the use of the substance as a component of a product intended to be sprayed in a non-industrial setting:
      1. (i) identification of the equipment that may be used for spraying, or that is recommended for that use by the product manufacturer, such as a low pressure hand-held pump spray, an aerosolizing applicator with propellant or a pneumatic sprayer with a compressor,
      2. (ii) information describing the equipment and its operation, including its normal operating pressure,
      3. (iii) information describing the size and shape of the nozzle of the equipment that controls the spread of the spray jet,
      4. (iv) information regarding the particle size distribution of the applied spray produced by the equipment characterized by mean mass median aerodynamic diameter, and
      5. (v) any information regarding safety labelling for the product containing the substance, such as recommended ventilation and personal protective equipment for users; and
      (e) all other information or test data concerning the substance that are in the possession of the person who intends to use the substance for the proposed significant new activity, or to which they have access, and that are relevant to determining whether the substance is toxic or capable of becoming toxic.
    3. The above information will be assessed within 90 days after the day on which it is received by the Minister.

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 2011-87-03-01 Amending the Domestic Substances List (hereafter referred to as “the Order”), made under subsections 87(1), (3) and (5) of the Canadian Environmental Protection Act, 1999, is to add 16 substances to the Domestic Substances List. In addition, since substances cannot appear on both the Domestic Substances List and the Non-domestic Substances List, an order to remove three substances from the Non-domestic Substances List is being proposed.

Description and rationale

The Domestic Substances List

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 or of its Regulations made under section 89, namely the New Substances Notification Regulations (Chemicals and Polymers). Substances that are not on the Domestic Substances List will require notification and assessment as prescribed by those 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 or living organisms 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 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.”

Where a substance is specified on the Domestic Substances List, subsection 87(3) of the Canadian Environmental Protection Act, 1999, permits the Minister to indicate on the List that subsection 81(3) applies with respect to the substance and to specify the significant new activities for the application of that subsection.

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.”

Since 16 substances met the criteria under subsection 87(1), (3) or (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 that Act. The procedure to be followed for creating such a name is set out in the Masked Name Regulations. The Order 2011-87-03-01 adds six masked names to the Domestic Substances List. Despite section 88, the identity of these substances may be disclosed by the Minister in accordance with section 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.

Deletions from the Non-domestic Substances List

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

Alternatives

The Canadian Environmental Protection Act, 1999 sets out a process for updating the Domestic Substances List in accordance with strict timelines. Since the 16 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 proposed Non-domestic Substances List correction, since the substances’ names cannot be 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 16 substances to the Domestic Substances List, developing an implementation plan or a compliance strategy or establishing a service standard is not required.

Contact

David Morin
Executive Director
Program Development and Engagement Division
Environment Canada
Gatineau, Quebec
K1A 0H3
Substances Management Information Line:
1-800-567-1999 (toll free in Canada)
819-953-7156 (outside of Canada)
Fax: 819-953-7155
Email: substances@ec.gc.ca

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. Aswell, 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/rp-pr/p2/2001/2001-07-04/pdf/g2-13514.pdf.