14/11/04

Canadian Environmental Protection Act

1999, c. 33

“An Act respecting pollution prevention and the protection of the environment and human health in order to

contribute to sustainable development”

[Assented to 14th September, 1999]

http://laws.justice.gc.ca/en/C-15.31/index.html

ADMINISTRATIVE DUTIES Duties of the Government of Canada

2. (1) In the administration of this Act, theGovernment of Canada shall, having regard to theConstitution and laws of Canada and subject tosubsection (1.1),

(a) exercise its powers in a manner that protects theenvironment and human health, applies theprecautionary principle that, where there are threatsof serious or irreversible damage, lack of fullscientific certainty shall not be used as a reason forpostponing cost-effective measures to preventenvironmental degradation, and promotes andreinforces enforceable pollution prevention approaches;

(a.1) take preventive and remedial measures to protect, enhance and restore the environment;

(b) take the necessity of protecting the environment into account in making social and economic decisions;

(c) implement an ecosystem approach that considers the unique and fundamental characteristics of ecosystems;

(d) endeavour to act in cooperation with governments to protect the environment;

(e) encourage the participation of the people of Canada in the making of decisions that affect the environment;

(f) facilitate the protection of the environment by the people of Canada;

(g) establish nationally consistent standards of environmental quality;

(h) provide information to the people of Canada on the state of the Canadian environment;

(i) apply knowledge, including traditional aboriginal knowledge, science and technology, to identify and resolve environmental problems;

(j) protect the environment, including its biological diversity, and human health, from the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes;

(j.1) protect the environment, including its biological diversity, and human health, by ensuring the safe and effective use of biotechnology;

(k) endeavour to act expeditiously and diligently toassess whether existing substances or those new toCanada are toxic or capable of becoming toxic andassess the risk that such substances pose to theenvironment and human life and health;

(l) endeavour to act with regard to the intent ofintergovernmental agreements and arrangementsentered into for the purpose of achieving the highestlevel of environmental quality throughout Canada;

(m) ensure, to the extent that is reasonably possible,that all areas of federal regulation for the protection ofthe environment and human health are addressed ina complementary manner in order to avoidduplication and to provide effective andcomprehensive protection;

(n) endeavour to exercise its powers to require theprovision of information in a coordinated manner; and

(o) apply and enforce this Act in a fair, predictableand consistent manner.

What is the Domestic Substances List (DSL)?

• Substances that were between January 1, 1984 and December 31, 1986

• manufactured in Canada (> 100 kg)

• imported in Canada (> 100 kg)

• in Canadian commerce or used for commercial manufacturing purposes in Canada

•The DSL is the sole standard against which a substance is judged to be "new” to Canada.

•All substances not on this list are considered new and must be reported prior to importation or manufacture in order that they can be assessed to determine if they are toxic or could become toxic to the environment or human health.

•Substances not appearing on the DSL are considered to be new to Canada and are subject to notification.

Domestic Substances List23,000 substances

• simple organic chemicals

• pigments

• organometallic compounds

• surfactants

• polymers

• metal elements

• metal salts and other inorganic substances

• substances of Unknown or Variable Composition, complexreaction products, or Biological materials (UVCBs)

Types of Substances on the Domestic Substances List

Organics50%

Inorganics10%

Other Substances2%

Polymers18%

UVCBs20%

Reported Use Patterns for DSL Substances

Other Industrial uses32%

Other6%

Polymers11%

Formulation Component

14%

Chemical Intermediate

4%

Surfactant/Detergent5%

Fragrance/Perfume / Deodorizer /

Flavouring Agent14%

Colourant - Pigments / Stain / Dye / Ink

10%

Paint / Coating Additive

4%

Environmental Categorization and Screening of the Canadian Domestic Substances List

Part V of Bill C-32 requires the Ministers of Environment and Health to “categorize the substances on the Domestic Substances List (DSL) for the purpose of identifying the substances that,

(a) may present to individuals in Canada, the greatest potential

for exposure; or

(b) are persistent or bioaccumulative in accordance with the

regulations, and inherently toxic to human beings or to non-

human organisms, as determined by laboratory or other

studies.”

Categorization of Substances on the DSL: Operational Approach

DOMESTIC SUBSTANCES LISTDOMESTIC SUBSTANCES LIST

Greatest Potentialfor Human Exposure

Greatest Potentialfor Human Exposure

SCREENING LEVEL RISK ASSESSMENTSCREENING LEVEL RISK ASSESSMENT

HEALTH CANADA

HEALTH CANADA ENVIRONMENT CANADA

ENVIRONMENT CANADA

Persistent OR Bioaccumulative: According to regulations

Persistent OR Bioaccumulative and“Inherently Toxic”to Humans

Persistent OR Bioaccumulative and“Inherently Toxic” tonon-Human Organisms

CEPA Framework for Evaluating DSL Chemicals

Inherently ToxicPersistent

orBioaccumulative

Screening Assessment

Add to Schedule 1List of Toxic Substances forPossible Regulatory Actions

No Further Actionat this Time

Substances on the DSL

and

NoYes

PHASE 1:Categorization

PHASE 2:Screening levelrisk assessment

Outcomes

nofurther action

under thisprogram

Is the Substance a

Track 1 Substance?

Add to the Priority Substances List for

Further Assessment

Criteria for Persistence*

Medium Half-Life

Air > 2 days

Water > 6 months

Sediment > 1 year

Soil > 6 months

* A substance is considered persistent when the criterion is met

for any one medium

Criteria for Bioaccumulation*

Parameter Value

Bioaccumulation Factor BAF > 5,000

Bioconcentration Factor BCF > 5,000

Octanol - Water Partition log KOW > 5

Coefficient

* - BAF is better than BCF is better than KOW

“inherent Toxicity”

• iT is the “hazard a substance presents to the environment”

• iT can be represented by the toxic effect caused by a substance that has not been masked or mitigated by some factor or parameter; that is, the toxicity found in a study (or predicted) due solely to the test substance

• iT is a judgement - based evaluation of a chemical’s impact on

the environment

• a ranking approach is proposed to categorize substances with

respect to iT

How is inherently toxic (iT) defined?

• No agreed upon definition exists• CEPA definition of “toxic”, risk-based• CEPA 99 requires categorization of substances against “inherently toxic” (hazard)• Proposed iT criteria for non-human organisms (Environment Canada)

– aquatic acute effects levels of < 1 mg/L– above 1 mg/L professional judgment considering other factors (e.g. molecular weight,

metabolism...) – log Kow > 6 (consideration of effects to wildlife)

CEPA Framework for Evaluating DSL Chemicals

Inherently ToxicPersistent

orBioaccumulative

Screening Assessment

Add to Schedule 1List of Toxic Substances forPossible Regulatory Actions

No Further Actionat this Time

Substances on the DSL

and

NoYes

PHASE 1:Categorization

PHASE 2:Screening levelrisk assessment

Outcomes

nofurther action

under thisprogram

Is the Substance a

Track 1 Substance?

Add to the Priority Substances List for

Further Assessment

“CEPA - Toxic”

(Section 64, CEPA 1999).

For the purposes of this Part and Part 6, except where the expression "inherently toxic" appears, a

substance is “toxic” if it is entering or may enter the environment in a quantity or concentration or under conditions

(a) having or that may have an immediate or long-term harmful

effect on the environment;

(b) constituting or that may constitute a danger to the

environment on which human life depends;

(c) constituting or that may constitute a danger in Canada to

human life or health

What is the Priority Substances List (PSL)?

• substances to be assessed on a priority basis to determine whether they are toxic (as defined under Section 64 of the Act) and pose a significant risk to the health of Canadians or to the environment.

PSL 1 (February 1994)

BenzeneBenzidine Bis (2-ethylhexyl) phthalate Bis (chloromethyl) ether Chlorinated wastewater effluents Chloromethyl methyl ether Creosote-contaminated sites 3,3'-Dichlorobenzidine 1,2-Dichloroethane Dichloromethane Effluents from pulp mills using bleaching Hexachlorobenzene Hexavalent chromium compounds

Inorganic arsenic compounds Inorganic cadmium compounds Inorganic fluorides Oxidic, sulphidic and soluble, inorganic nickel compounds Polychlorinated dibenzodioxins Polychlorinated dibenzofurans Polycyclic aromatic hydrocarbons Refractory ceramic fibres Short chain chlorinated paraffins Tetrachloroethylene 1,1,1-Trichloroethane Trichloroethylene

Aniline Bis (2-chloroethyl) ether Chlorobenzene Dibutyl phthalate Di-n-octyl phthalate 1,2-Dichlorobenzene 1,4-Dichlorobenzene 3,5-Dimethylaniline Methyl tertiary butyl ether Methyl methacrylate Organotin compounds (non-pesticidal) Pentachlorobenzene Styrene Tetrachlorobenzenes 1,1,2,2-Tetrachloroethane Toluene Trichlorobenzenes Waste crankcase oils Xylenes

PSL2 (December 1995)

Acetaldehyde Acrolein Acrylonitrile Aluminum chloride, aluminum nitrate, aluminum sulphate Ammonia in the aquatic environment 1,3-Butadiene Butylbenzylphthalate Carbon disulphide Chloramines Chloroform N,N-Dimethylformamide Ethylene glycol Ethylene oxide Formaldehyde Hexachlorobutadiene 2-Methoxy ethanol, 2-ethoxy ethanol, 2-butoxy ethanol N-Nitrosodimethylamine

Nonylphenol and its ethoxylates Phenol Releases from primary and secondary copper smelters and copper refineries Releases from primary and secondary zinc smelters and zinc refineries Releases of radionuclides from nuclear facilities (impacts on non-humanspecies) Respirable particulate matter less than or equal to 10 micronsRoad saltsTextile mill effluents

List of Toxic Substances (LTS)

90. (1) Subject to subsection (3), the Governor in Council may, if satisfied that a substance is toxic, on the recommendation of the Ministers, make an orderadding the substance to the List of Toxic Substances in Schedule 1.

1999, c. 33, Sch. 1; SOR/2000-109; SOR/2001-1, 147; Canada Gazette Part II, err.(F), Volume 135, page 382.

List of Toxic Substances

BenzeneBenzidine Bis (2-ethylhexyl) phthalate Bis (chloromethyl) ether Chlorinated wastewater effluents Chloromethyl methyl ether Creosote-contaminated sites 3,3'-Dichlorobenzidine 1,2-Dichloroethane Dichloromethane Effluents from pulp mills using bleaching Hexachlorobenzene Hexavalent chromium compounds

Inorganic arsenic compounds Inorganic cadmium compounds Inorganic fluorides Oxidic, sulphidic and soluble, inorganic nickel compounds Polychlorinated dibenzodioxins Polychlorinated dibenzofurans Polycyclic aromatic hydrocarbons Refractory ceramic fibres Short chain chlorinated paraffins Tetrachloroethylene 1,1,1-Trichloroethane Trichloroethylene

LIST OF TOXIC SUBSTANCES

Chlorobiphenyls that have the molecular formula C12H(10-n)Cln inwhich "n" is greater than 2

Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decanePolybrominated Biphenyls that have the molecular formula

C12H(10-n)Brn in which "n" is greater than 2Chlorofluorocarbon: totally halogenated chlorofluorocarbons that have

the molecular formula CnClxF(2n+2-x)Polychlorinated Terphenyls that have a molecular formula

C18H(14-n)Cln in which "n" is greater than 2Asbestos

LeadMercury

Vinyl ChlorideBromochlorodifluoromethane that has the molecular formula CF2BrCl

Bromotrifluoromethane that has the molecular formula CF3BrDibromotetrafluoroethane that has the molecular formula C2F4Br2

Fuel containing toxic substances that are dangerous goods within themeaning of section 2 of the Transportation of Dangerous Goods Act,1992 and that(a) are neither normal components of the fuel nor additives designed to improve the characteristics or the performance of the fuel; or(b) are normal components of the fuel or additives designed to improvethe characteristics or performance of the fuel, but are present inquantities or concentrations greater than those generally accepted byindustry standards.Dibenzo-para-dioxin that has the molecular formula C12H8O2Dibenzofuran that has the molecular formula C12H8OPolychlorinated dibenzo-para-dioxins that have the molecular formulaC12H(8-n)ClnO2 in which "n" is greater than 2Polychlorinated dibenzofurans that have the molecular formulaC12H(8-n)ClnO in which "n" is greater than 2Tetrachloromethane (carbon tetrachloride, CCl4)1,1,1-trichloroethane (methyl chloroform, CCl3-CH3)Bromofluorocarbons other than those set out in items 10 to 12

Hydrobromofluorocarbons that have the molecular formulaCnHxFyBr(2n+2-x-y) in which 0<n<3Methyl BromideBis(chloromethyl) ether that has the molecular formula C2H4Cl2OChloromethyl methyl ether that has the molecular formula C2H5ClOHydrochlorofluorocarbons that have the molecular formulaCnHxFyCl(2n+2-x-y) in which 0<n<3Benzene that has the molecular formula C6H6(4-Chlorophenyl)cyclopropylmethanone,O-[(4-nitrophenyl)methyl]oximethat has the molecular formula C17H15ClN2O3Inorganic arsenic compoundsBenzidineBis(2-ethylhexyl)phthalateInorganic cadmium compoundsChlorinated wastewater effluentsHexavalent chromium compoundsCreosote-impregnated waste materials from creosote-contaminated sites 3,3'-Dichlorobenzidine

1,2-DichloroethaneDichloromethaneEffluents from pulp mills using bleachingHexachlorobenzeneInorganic fluoridesRefractory ceramic fibreOxidic, sulphidic and soluble inorganic nickel compoundsPolycyclic aromatic hydrocarbonsTetrachloroethyleneTrichloroethyleneTributyltetradecylphosphonium chloride that has the molecular formula C26H56P-C1Bromochloromethane, that has the molecular formula CH2BrClAcetaldehyde, which has the molecular formula C2H4O1,3-Butadiene, which has the molecular formula C4H6Acrylonitrile, which has the molecular formula C3H3NRespirable particulate matter less than or equal to 10 micronsAcrolein, which has the molecular formula C3H4O

65. (1) In this Part, "virtual elimination" means, in respect of a toxic substance released into the environment as a result of human activity, the ultimate reduction of the quantity or concentration of the substance in the release below the level of quantification specified by the Ministers in the List referred to in subsection (2).

(2) The Ministers shall compile a list to be known as the Virtual Elimination List, and the List shall specify the level of quantification for each substance on the List.

(3)..

Track 1 : Virtual Elimination

(3) When the level of quantification for a substance has been specified on the List referred to in subsection(2), the Ministers shall prescribe the quantity or concentration of the substance that may be releasedinto the environment either alone or in combination with any other substance from any source or type of source, and, in doing so, shall take into account any factor or information provided for in section 91, including, but not limited to, environmental or health risks and any other relevant social, economic or technical matters.

Enforcement tools

warnings to indicate the existence of a violation, in order that the alleged offender can take notice and return to compliance;

directions that enforcement officers may issue to deal with or to prevent illegal releases of regulated substances;

tickets for offences such as failure to submit written reports;

environmental protection compliance orders to put an immediate stop to illegal activity, to prevent a violation from occurring or to require action to be taken;

Environmental Protection Alternative Measures;

prosecution under the authority of a Crown prosecutor.

Fisheries Act 36 (3)

no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any placeunder any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water.

"deleterious substance" means

(a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, or

(b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter orform part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water,and without limiting the generality of the foregoing includes

(c) any substance or class of substances prescribed pursuant to paragraph (2)(a),

(d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b), and

(e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c);

BC Waste Management Act

Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulations

(i) restrictions on AOX releases from the mills

(i) restrictions on the toxicity of the effluent (96h LC50)

(ii) restrictions on BOD matter released from the mills

(iii) restrictions on TSS released from the mills

Command - Control Regulations

Legislation Regulations Permits

1) Permits:

- type of technology (Best Available Technology)

- quality of the effluent

- recording and reporting of effluent data

2) Environmental Monitoring:

- effluent testing / compliance with permits

Pulp & Paper Effluent Regulations

(1) AOX (mg AOX/liter of effluent)

Monthly Average Effluent AOX Concentration

= 2.5 (kg AOX per ADt) x 90th percentile of the daily production rate

90th percentile of the effluent rate

(2) TSS (mg TSS/litre of effluent)

Monthly Average Effluent TSS Discharge

= 11.25 x 90th percentile of the daily production rate (kg/day)

90th percentile of the effluent rate (L/day)

Does the regulation meet ecological objectives?

Does the regulation consider the carrying capacity of the environment?

Is the regulation preventative?

Is it consistent with toxicological principles?

Problem

Effluent Discharge

Environmental Concentrations

Adverse Effects

Monitoring Studies

REACTIVE

vs

PROACTIVE / PREVENTATIVE

Old CEPA

5 year review required under Statute (started in 1993)

“It’s About Our Health! Towards Pollution Prevention”

statute review completed and new CEPA (Bill C-32)

proclaimed in September, 1999

Summary of Changes to “new” CEPA

Former CEPA 1999 CEPA

pollution control Pollution Prevention

no authority to require pollution Powers to require Pollution Prevention planning

prevention planning

no more than 5 years to assess PSLs all DSL chemicals will be examined to determine ifthey are toxic

no deadline for taking action to deadlines for taking action to prevent pollution from toxic prevent pollution substances

- 2 years to formulate action

- 18months to finalize action

Virtual Elimination of most dangerous toxicsubstances

Summary of Changes to “new” CEPA

Former CEPA 1999 CEPA

no requirement to research hormone requires government to research HDSs

disrupting substances

right to request an investigation right to request an investigation

National Pollutants Release Inventory must establish NPRIestablished at Minister’s discretion

no Environmental Registry new internet-based Environmental Registryof CEPA information

new right-to-sue if government fails toenforce CEPA and this results in significant harmto the environment

Domestic Substances

List

all DSL chemicals must be categorized

chemicals are nominated for systematic assessment based on provincial, federal, or international programs, or by members of the public (Ministerial discretion)

Priority Substances List

Screening Level Risk Assessment

Track 1 PSL No Action

Risk Assessment

Track 1 Track 2

Track 1 Track 2

Old CEPA New CEPA