Vol. 147, No. 24 — November 20, 2013

Registration

SOR/2013-193 November 1, 2013

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2013-87-09-01 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) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote d), makes the annexed Order 2013-87-09-01 Amending the Domestic Substances List.

Gatineau, October 30, 2013

LEONA AGLUKKAQ
Minister of the Environment

ORDER 2013-87-09-01 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:

64382-04-3 N-P
64742-71-8 N
66455-31-0 N-P
1202686-00-7 N-P
1416235-41-0

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

18582-6 N-P

2-Propenoic acid, 2-methyl-, alkyl ester, polymer with alkyl 2-propenoate, ethenylbenzene and disubstituted alkane mono-2-propenoate, tert-Bu ethaneperoxoate-initiated

Méthacrylate d’alkyle polymérisé avec un acrylate d’alkyle, du styrène et un monoacrylate d’alcane disubstitué, amorcé avec de l’éthaneperoxoate de tert-butyle

18596-2 N

2,5-Furandione, polymer with 1-octadecene, 3-(alkylamino)propyl imide

Furane-2,5-dione polymérisée avec de l’octadéc-1-ène, imide 3-(alkylamino)propylique

18598-4 N-P

Alkanedioic acid, polymer with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol, arenoate

Acide alcanedioïque polymérisé avec du 2-éthyl-2-(hydroxyméthyl)propane-1,3-diol, arénoate

18599-5 N-P

2-Propenoic acid, 2-methyl-, telomer with alkyl 2-propenoate, tert-dodecanethiol, ethenylbenzene and 2-hydroxyethyl 2-propenoate, compd. with 2-(dimethylamino)ethanol

Acide méthacrylique télomérisé avec un acrylate d’alkyle, du 2-méthylundécanethiol, du styrène et de l’acrylate de 2-hydroxyéthyle, composés avec le 2-(diméthylamino)éthanol

18600-6 N-P

2-Propenoic acid, 2-methyl-, alkyl ester, polymer with ethenylbenzene, 2-ethylhexyl 2-propenoate, 2-hydroxyethyl 2-propenoate and 2-propenoic acid, tert-amylperoxy 2-ethylhexyl carbonate-initiated

Méthacrylate d’alkyle polymérisé avec du styrène, de l’acrylate de 2-éthylhexyle, de l’acrylate de 2-hydroxyéthyle et de l’acide acrylique, amorcé avec du peroxycarbonate de OO-2-méthylbutane-2-yle et de O-éthylhexyle

18601-7 N-P

Formaldehyde, polymers with branched 4-nonylphenol and sec-alkylphenol

Formaldéhyde polymérisé avec du 4-(nonyl ramifié)phénol et un sec-alkylphénol

18602-8 N-P

Oxirane, alkyl-, polymer with methyloxirane and oxirane, ether with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol

Alkyloxirane polymérisé avec du méthyloxirane et de l’oxirane, éther avec le 2-éthyl-2-(hydroxyméthyl)propane-1,3-diol

18603-0 N-P

Ethoxylated nonylphenol-carbomocyclicaldehyde polymer

Copolymère de nonylphénol et d’un aldéhyde carbomonocyclique, éthoxylé

18604-1 N-P

Alkyl dicarboxylic acid, polymer with polyalkylalkane diisocyanate, hexanedioic acid, 1,6-hexanediol and 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, compd. with N,N-diethylethanamine

Acide alcanedicarboxylique polymérisé avec un diisocyanate de polyalkylalcane, de l’acide hexanedioïque, de l’hexane-1,6-diol, de l’acide 2,2-bis(hydroxyméthyl)propanoïque, composés avec la N,N-diéthyléthanamine

COMING INTO FORCE

3. 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

Canadians depend on substances that are used in hundreds of goods from medicines to computers, fabric and fuels. Some chemical substances, however, when released in a certain quantity or concentration in the environment, can have detrimental effects on human health or the environment.

Under the Canadian Environmental Protection Act, 1999 (the Act), substances (chemicals and polymers) “new” to Canada are subject to reporting requirements before they can be manufactured or imported into the country. This limits commercialization of the substance in the Canadian market until human health and environmental impacts associated with the new substances are assessed and managed where appropriate. However, substances specified on the Domestic Substances List (DSL) are eligible for commercial use in Canada and are not subject to further reporting requirements by industry under the New Substances Notification Regulations (Chemicals and Polymers) [the Regulations].

Environment Canada and Health Canada assessed the information on 14 new substances submitted to the New Substances Program and determined that they meet the necessary criteria for their addition to the DSL. Under the Act, the Minister of the Environment must add a substance to the DSL within 120 days after the criteria listed in section 87 of the Act have been met.

Background

The Domestic Substances List

The DSL is a list of substances and living organisms that are considered “existing” for the purposes of the Act. “New” substances and living organisms, which are not on the DSL, are subject to reporting requirements before they can be manufactured in or imported into Canada. These requirements are set out in sections 81 and 106 of the Act as well as in the New Substances Notification Regulations (Chemicals and Polymers) in the case of new substances, and in the New Substances Notification Regulations (Organisms) in the case of living organisms.

The DSL was published in the Canada Gazette, Part II, in May 1994. (see footnote 2) The DSL is amended to add or remove substances or to make corrections 10 times a year on average.

The Non-domestic Substances List

The Non-domestic Substances List (NDSL) is a list of substances new to Canada that are subject to notification and assessment requirements when manufactured in or imported into Canada in quantities above 1 000 kg per year. The NDSL only applies to chemicals and polymers.

The United States and Canada have similar new substances programs to assess new chemicals prior to manufacture or import. Comparable to the Canadian process, substances are eligible for listing on the U.S. Toxic Substances Control Act (TSCA) Inventory once they have undergone the new substances assessment process in the United States. Substances that have been listed on the public portion of the TSCA Inventory for a minimum of one calendar year and that are not subject to risk management controls in either Canada or the United States are eligible for listing on Canada’s NDSL. On a semi-annual basis, Canada subsequently updates the NDSL based on amendments to the U.S. TSCA Inventory.

Once substances are added to the DSL, they must be deleted from the NDSL. A substance cannot be on the DSL and NDSL simultaneously as the two inventories are associated with different regulatory requirements. While substances on the DSL are not subject to the Regulations, substances on the NDSL remain subject to these Regulations but with lesser reporting requirements, in recognition that they have undergone notification and assessment in the United States. However, this is protective of human health and the environment as substances on the NDSL are subject to further risk assessment in Canada. Furthermore, the NDSL applies only to chemicals and polymers.

Objectives

The objective of the Order 2013-87-09-01 Amending the Domestic Substances List (hereafter referred to as “the Order”) is to comply with the requirements of the Act and to facilitate access to and use of 14 substances while at the same time removing the reporting requirements associated with the import or manufacture of these substances.

Description

The Order adds 14 substances to the DSL. To protect confidential business information, 9 of the 14 substances being added to the DSL will have their chemical names masked. (see footnote 3)

As substances cannot be on both the DSL and the NDSLsimultaneously, the proposed Order 2013-87-09-02would delete 3 out of the 14 substances from the NDSL as they meet the necessary criteria for their addition to the DSL.

Additions to the Domestic Substances List

Substances must be added to the DSL under section 66 of the Act if they were, between January 1, 1984, and December 31, 1986, manufactured or imported into Canada by any person in a quantity greater than 100 kg in any one calendar year or if they were in Canadian commerce or used for commercial manufacturing purposes in Canada.

Under section 87 of the Act, substances must be added to the DSL within 120 days after the following conditions are met:

Publication of masked names

The Order masks the chemical names of 9 of the 14 substances being added to the DSL. Masked names are required by the Act if the publication of the explicit chemical or biological name of a substance would result in the release of confidential business information. The procedure to be followed for creating a masked name is set out in the Masked Name Regulations. Substances with a masked name are added under the confidential portion of the DSL. Anyone who wishes to determine if a substance is on the confidential portion of the DSLmust file a Notice of Bona Fide Intent to Manufacture or Importwith the New Substances Program.

“One-for-One” Rule and small business lens

The Order is not covered by the “One-for-One” Rule and does not add any additional administrative costs to business. Also, the small business lens does not apply to the Order and is not expected to add any costs to small businesses. Rather, the Order provides industry with better access to the 14 substances being added to the DSL. The Government of Canada may conduct further risk assessments on any DSL substance when deemed necessary.

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.

Rationale

Fourteen substances have met the necessary conditions for addition to the DSL. The Order adds these substances to the DSL, exempting them from undue reporting requirements under subsection 81(1) of the Act.

The Act establishes a process for updating the DSL which involves strict time limits, and since the 14 substances covered by the Order are eligible for the DSL, no other alternatives were considered.

The Order will benefit the public and governments by enabling industry to use these substances in larger quantities, providing better value to Canadians. Also, as the Order will exempt these substances from assessment and reporting requirements as set out under the new substances provisions of the Act [subsection 81(1)], it will benefit industry and Canadians by reducing the administrative burden associated with the current status of these substances. As a result, it is expected that there will be no incremental costs to the public, industry or governments associated with the Order. The Government of Canada may still assess any substance on the DSL under the existing substances provisions of the Act (section 68 or 74) and implement risk management actions if deemed necessary.

Implementation, enforcement and service standards

The DSL identifies substances that, for the purposes of the Act, are not subject to the requirements of the Regulations. As the Orderonly adds substances to the DSL, developing an implementation plan or a compliance strategy or establishing a service standard is not required.

Contact

Greg Carreau
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