Canada Publishes Proposed Amendments Adding Substances to CEPA, 1999, Schedule 1, List of Toxic Substances

by Tammy J. MurphyOn April 1, 2017, two proposed orders adding substances to the Canadian Environmental Protection Act, 1999 (CEPA, 1999) Schedule 1 were published. Addition of substances to CEPA, 1999 Schedule 1, List of Toxic Substances provides the option for the development of various 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 first proposed order deals with Acetamide, N-[4-[(2-hydroxy-5-methylphenyl)azo]phenyl]-, also known as Disperse Yellow 3 or Solvent Yellow 77, which was part of the Chemicals Management Plan (CMP) Aromatic Azo Benzidine-based Substance Grouping Initiative. In Canada, this substance is used mainly in the textile dyeing industry. Through screening assessments, it was “concluded that Disperse Yellow 3 met the environmental criterion for a toxic substance as defined in paragraph 64(a) of CEPA.”The second proposed order addresses two liquefied petroleum gases (LPGs) which were part of the CMP’s Petroleum Sector Stream Approach (PSSA):* “Petroleum gases, liquefied (a complex combination of hydrocarbons – obtained from the distillation of crude oil – consisting of hydrocarbons having carbon numbers predominately in the range of C3 through C7 and boiling in the range of approximately -40ºC to 80ºC); and* Petroleum gases, liquefied, sweetened (a complex combination of hydrocarbons – obtained by subjecting liquefied petroleum gases to a sweetening process to convert mercaptans or to remove acidic impurities – consisting of hydrocarbons having carbon numbers predominately in the range of C3 through C7 and boiling in the range of approximately -40ºC to 80ºC).”The PSSA focuses on those substances used predominantly in the petroleum sector, and these two LPGs were part of PSSA Stream 4 which dealt with “substances that may be present in products available to consumers.” It was concluded that these LPGs “meet the definition of a substance that is toxic to human health as defined in paragraph 64(c)” of CEPA.There is a 60-day public comment period which commenced on the date of publication (April 1, 2017) for both proposed orders which would add substances to CEPA, 1999 Schedule 1. 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 amendments can be found in the respective issue of the Canada Gazette.Reference: Canada Gazette, Part I, April 1, 2017 edition: http://www.gazette.gc.ca/rp-pr/p1/2017/2017-04-01/pdf/g1-15113.pdf