by Tammy J. Murphy
Canada recently published a proposal that would add substances to the Canadian Environmental Protection Act, 1999 (CEPA, 1999), Schedule 1, List of Toxic Substances. The addition of substances to this list allows for the development of risk management strategies, if needed, for substances that are determined to be “toxic,” as per CEPA, 1999. This may be accomplished through the implementation of preventive and/or control actions for any or all phases of that substance’s life cycle.
The proposed additions, both Organic flame retardants, were part of the Chemicals Management Plan (CMP). These 2 substances were assessed during the second phase of the CMP along with 8 other substances that were part of the Certain Flame Retardants Substance Grouping Initiative. Final screening assessments have been published for 5 substances while three of the substances are undergoing further review. The 2 substances proposed for addition were determined to be toxic, per CEPA paragraph 64(a) (ecological toxicity):
- Benzene, 1,1’-(1,2-ethanediyl)bis[2,3,4,5,6-pentabromo- (DBDPE)
- 1,4:7,10-Dimethanodibenzo[a,e]cyclooctene, 1,2,3,4,7,8,9,10,13,13,14,14-dodecachloro-1,4,4°,5,6,6°,7,10,10°,11,12,12°-dodecahydro- (DP)
There is a 60-day public comment period for the proposed orders, which commenced on the respective dates of publication. The notice of objection period is the same as the public comment period.
Additional information, including more details on the CMP, may be found on the Government’s Chemical Substances website. Information may also be found on Environment and Climate Change Canada’s CEPA Registry website. The full text of the proposed amendment can be found in the respective issues of the Canada Gazette.
Recommended Action Items:
- Determine if any of the substances are included in your products.
- Submit comments or notice of objection before applicable deadline.
Department of the Environment and Department of Health, Canadian Environmental Protection Act, 1999, Proposed “Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999.” Canada Gazette, Part I, 29 June 2019 edition: http://gazette.gc.ca/rp-pr/p1/2019/2019-06-29/pdf/g1-15326.pdf
Canada, CEPA 1999, Schedule 1, List of Toxic Substances, Organic Flame Retardants
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