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Risk Management of Per- and Polyfluoroalkyl substances in Canada

  1. Risk Management of PFAS in Canada OECD PFC Group May 15, 2019 1
  2. Outline • Overview of Canada’s Chemicals Management Plan • Prohibition of Certain Toxic Substances Regulations, 2012 • Proposed amendments to the Prohibition of Certain Toxic Substances Regulations, 2012 • Annex: References and web site links
  3. Chemicals Management in Canada 3
  4. First Priority Substances List (PSL1): created 1989 Domestic Substances List (DSL): created 1991 Second Priority Substances List (PSL 2): created 1995 New Substances Regulations est. for Chemicals & Polymers - 1994 New Substances Regulations est. for Organisms - 1997 The Canadian Environmental Protection Act, 1999 (CEPA 1999) - Renewal Categorization/Prioritization (2000-2006) Chemicals Management Plan 1 - 2006 Chemicals Management Plan 2 - 2011 Chemicals Management Plan 3 – 2016-2021 2020 Environmental Contaminants Act of 1975 Sound Management of Chemicals Management of Chemicals continues beyond 2020 Canadian Environmental Protection Act (CEPA) 1988 Proclaimed We are here Chemicals Management in Canada
  5. • Objective: To protect Canadians and their environment from the risks of harmful chemicals • Principle legislation is the Canadian Environmental Protection Act, 1999 (CEPA) • CEPA covers a range of activities that can affect human health and the environment, and acts to address any pollution issues not covered by other federal laws • Integrates across federal government programs to ensure appropriate assessment and management of chemicals • Includes comprehensive stakeholder engagement (e.g. NGOs, industry) Canada’s Chemicals Management Plan
  6. Existing Substances Assessment & Management Publication of Proposed Risk Management Instrument Publication of Final Risk Management Instrument CEPA timeline Max 18 months CEPA timeline max 24 monthsSelf imposed 18-24 month timeline Official publication in Canada Gazette Denotes a 60 day public comment period Proposed Order to Add to List of Toxic Substances Final Order to Add to List of Toxic Substances Publication of Draft Risk Assessment and statement of proposed “measure” Publication of Final Risk Assessment and statement of proposed “measure “ Information Gathering If substance is not toxic, or if decision is made to take no further action under CEPA, process stops here Publication of Risk Management Approach Document Publication of Risk Management Scope document ** * Only for toxic substances, published on departmental website
  7. Prohibition of Certain Toxic Substances Regulations, 2012 • A multi-substance risk management instrument used to prohibit the manufacture, use, sale, offer for sale or import of certain toxic substances and products that contain them, with a limited number of exemptions • Generally used to control substances that are found to be very harmful (i.e., toxic, persistent and bioaccumulative) • Main tool to implement Canada’s obligations under the Stockholm Convention on Persistent Organic Pollutants 7
  8. Proposed Amendments to the Regulations • A Notice of Intent (NOI) to amend the Regulations was published in the CGI on Oct 13, 2018 • GoC committed to put in place stronger regulatory controls to address contaminants that pose a threat to the Southern Resident Killer Whale recovery • A consultation document outlining the proposed approach to amending the Regulations was published on Dec 20, 2018 • The proposed regulatory approach is to: • Further restrict the manufacture, use, sale, offer for sale and import of PFOS, PFOA, LC-PFCA, HBCD and PBDEs (except decaBDE) by eliminating all current exemptions; • Include a time-limited exemption for the import and use of decaBDE in automotive replacement parts until 2036 • Prohibit the manufacture, use, sale, offer for sale and import of DP and DBDPE 8
  9. History of PFOS in Canada • Jul 01, 2006 – Publication of the Ecological Screening Assessment Report on Perfluorooctane Sulfonate, Salts and Precursors • Jun 11, 2008 – Publication of the Perfluorooctane Sulfonate and Its Salts and Certain Other Compounds Regulations (PFOS Regulations) • Oct 05, 2016 – Substance added to the Prohibition of Certain Toxic Substances Regulations (Regulations) and PFOS Regulations repealed 9
  10. History of PFOS in Canada (Con’t) • Never manufactured in Canada • Was primarily used as a surfactant in the metal plating industry and in aqueous film-forming foam (AFFF) used in fire-fighting • Was historically used in a wide variety of surface treatments for textiles, upholstery, leather, carpet and packaging to provide water, oil, dirt and grease repellent properties • Limited uses are still allowed under the Regulations in photography (films, papers and printing plates) and in semi-conductor manufacturing (photolithography applications) 10
  11. PFOS Current Exemptions and Proposed Amendments 11 Current exemption Proposed amendment Import, manufacture, use, sale and offer for sale of PFOS or a product containing it if it is designed for use in photoresists or anti-reflective coatings for photolithography. Remove this exemption as this use has been discontinued globally. Import, manufacture, use, sale and offer for sale of PFOS or a product containing it if it is designed for use in photographic films, papers and printing plates. Remove this exemption as this use is declining globally. Import or use of PFOS in AFFF present in a military vessel or military fire-fighting vehicle contaminated during a foreign military operation. Remove this exemption as the use of PFOS in AFFF has been discontinued and alternatives are available globally. The use of AFFF that contains residual levels of PFOS at a maximum concentration of 10 ppm. Remove this exemption as PFOS use in AFFF was prohibited in 2008 and alternatives are available globally.
  12. History of PFOA in Canada • Aug 25, 2016 – Publication of the final Screening Assessment Report • Oct 05, 2016 – Substances added to the Regulations • Never manufactured in Canada, but was imported, and may continue to be imported, in AFFF used in fire-fighting applications, and in manufactured items such as: textiles (rugs, carpets, clothing and outdoor equipment); paper and packaging; and electrical and electronic equipment. • Was primarily used as water, dirt and grease repellents, and as surfactants and surface treatment agents. 12
  13. PFOA Current Exemptions and Proposed Amendments 13 Current exemption Proposed amendment Import, use, sale and offer for sale of AFFF that contains PFOA for fire- fighting. Remove this exemption as this use has been discontinued and alternatives are available globally. Use or import of a product containing PFOA, if the product is for personal use. Remove this exemption as alternatives are available globally. Import, use, sale and offer for sale of manufactured items containing PFOA. This includes:  Nano coatings  Surface treated paper and cardboard packaging for commercial and consumer use.  Textiles – Outdoor applications such as awning, outdoor furniture and camping gear  Textiles for oil and water repellency for the protection from dangerous liquids for the protection of workers from risks to their health and safety.  Membranes intended for use in medical textiles, filtration in water treatment, production processes and effluent treatment  Semiconductors or related electronic devices that contain fluoropolymers and/or fluoroelastomers with PFOA residues  Spare parts for transportation sector Remove this exemption as alternatives are available globally for most uses.
  14. History of LC-PFCAs in Canada • Aug 25, 2016 – Publication of the final Screening Assessment Report • Oct 05, 2016 – Substances added to the Regulations • Never manufactured in Canada, but were imported and may continue to be imported in AFFF used in fire-fighting applications, and in manufactured items such as: textiles (rugs, carpets, clothing and outdoor equipment); paper and packaging; and electrical and electronic equipment. • Were primarily used as water, soil and grease repellents, and also as surfactants and surface treatment agents. 14
  15. LC-PFCA Current Exemptions and Proposed Amendments 15 Current exemption Proposed amendment Import, use, sale and offer for sale of AFFF that contains LC-PFCAs for fire- fighting. Remove this exemption as this use has been discontinued and alternatives are available globally. Use or import of products containing LC-PFCAs, if the product is for personal use. Remove this exemption as alternatives are available globally. Import, use, sale and offer for sale of manufactured items containing LC- PFCAs. This includes:  Nano coatings  Surface treated paper and cardboard packaging for commercial and consumer use  Textiles – Outdoor applications such as awning, outdoor furniture and camping gears  Textiles for oil and water repellency for the protection from dangerous liquids for the protection of workers from risks to their health and safety  Membranes intended for use in medical textiles, filtration in water treatment, production processes and effluent treatment  Semiconductors or related electronic devices that contain fluoropolymers and/or fluoroelastomers with residues  Spare parts for transportation sector Remove this exemption as alternatives are available globally for most uses.
  16. Next Steps • Comments on the consultation document were requested by February 18, 2019 • Develop proposed amendments to the Regulations based on comments received and taking into consideration final listings of PFOS and PFOA to the Stockholm Convention – Summer-Fall 2019 • Publish proposed amendments to the Regulations – Winter 2020 • Publish final amendments to the Regulations – Winter 2021 16
  17. Discussion/Questions 17
  18. Contact Information Chemicals Management Division Environmental Protection Branch Environment and Climate Change Canada Email: ec.interdiction-prohibition.ec@canada.ca 18
  19. Useful Links Consultation document: https://www.canada.ca/en/environment- climate-change/services/canadian-environmental-protection-act- registry/proposed-amendments-certain-toxic-substances-2018- consultation.html Notice of intent: http://gazette.gc.ca/rp-pr/p1/2018/2018-10- 13/html/notice-avis-eng.html#ne2 Prohibition of Certain Toxic Substances Regulations, 2012: https://Canada.ca/prohibited-chemical-substances 19
  20. Useful Links PFOS: https://www.canada.ca/en/environment-climate-change/services/canadian- environmental-protection-act-registry/perfluorooctane-sulfonate-salts-precursors.html PFOA, LC-PFCA and 4 New fluorotelomer-based substances: https://www.canada.ca/en/environment-climate-change/services/canadian-environmental- protection-act-registry/substance-prohibition-summary-perfluorooctanoic-acid.html 20

Editor's Notes

  1. Essentially, all the major actions or steps with regards to chemicals management in Canada in one-slide. Now largely focused on delivering on the third phase of the CMP, while also investigating what the future of chemicals management beyond 2020 may consider. Additionally, I do note that there has been the 2020 International Goal for the Sound Management of Chemicals for some time now since the World Summit on Sustainable Development commitment which was set in 2002. The next international goals are linked to the 2030 sustainable development goals. Work is underway internationally to develop a strategic approach to chemicals management.
  2. CMP was launched in December 2006 by the Prime Minister of Canada. It’s objectives included: Protecting human health and the environment, An integrated government-wide approach to chemicals, Best Placed Act Targeted action on chemicals of concern The CMP is Canada’s action to meet its international commitment to the safe management of chemicals by 2020.
  3. Standard CMP slide
  4. A Notice of Intent (NOI) to amend the PCTSR was published in the Canada Gazette, Part I on October 13, 2018. The proposed amendments are for seven substances. In the consultation document, it is proposed to: Further restrict the manufacture, use, sale, offer for sale and import of PFOS, PFOA, LC-PFCA, HBCD and PBDEs; Prohibit the manufacture, use, sale, offer for sale and import of DP and DBDPE should their final screening assessments confirm they are toxic.
  5. I will present the approaches for certain perfluorinated substances covered by this consultation. The first one is Perfluorooctane sulfonate, its salts and its precursors. It is referred to as PFOS. Background PFOS was never manufactured in Canada. It was primarily used as a surfactant in the metal plating industry and in aqueous film-forming foam (AFFF) used in fire-fighting. Historically, PFOS was also used in a wide variety of surface treatments for textiles, upolstery, leather, carpet and packaging to provide water, oil, dirt and grease repellent properties. Limited uses of PFOS are still allowed under the current Regulations in photography (films, papers and printing plates) and in semi-conductor manufacturing (photolithography applications)   International risk management PFOS is listed to the Stockholm Convention on Persistent Organic Pollutants (POPs) as a severely restricted chemical. The objective of the Stockholm Convention is to restrict and eliminate POPs to protect the environment and the human health. Current Stockholm listing may be amended to remove some exemptions at the Conference of the Parties in Spring 2019. In several other jurisdictions, the manufacture and import of PFOS is banned, with some limited exemptions. Other PFOS: Perfluorooctane sulfonate and its salts PFOS precursors are: Compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N
  6. (Info is based on Cheminfo study) It is proposed to remove the exemptions currently available under the Regulations for PFOS as the uses have been discontinued or alternatives are available globally. The exemption for the import, manufacture, use, sale and offer for sale of PFOS or a product containing it if it is designed for use in: photoresists or anti-reflective coatings for photolithography, and in photographic films, papers and printing plates is proposed to be removed. Furthermore, the use and import of PFOS in aqueous film forming foam (AFFF) that is present in a military vessel or military fire-fighting vehicle contaminated during a foreign military operation, and the use of AFFF that contains residual levels of PFOS at a maximum concentration of 10 ppm is proposed to be prohibited.
  7. (Info Is based on Cheminfo study) It is proposed to remove the exemptions currently available under the Regulations for PFOA as the uses have been discontinued or alternatives are available globally. It is proposed to remove the exemptions for The import, use, sale and offer for sale of AFFF that contains PFOA for fire-fighting. The use or import of a product containing PFOA, if the product is for personal use. The import, use, sale and offer for sale of manufactured items* containing PFOA. Manufactured items include but are not limited to:  Surface treated paper and cardboard packaging Semiconductors or related electronic Spare parts for transportation sector Textiles such as camping gear and protective clothing Membranes such as for use in medical textiles and in filtration and treatment Nano coatings * “manufactured item” is a product “formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design.”
  8. (Info is based on Cheminfo study) It is proposed to remove the exemptions currently available under the Regulations for LC-PFCAs (including the four new fluorotelomer-based substances) as the uses have been discontinued or alternatives are available globally. including: The import, use, sale and offer for sale of AFFF that contains LC-PFCAs for fire- fighting. The use or import of products containing LC-PFCAs, if the product is for personal use. The import, use, sale and offer for sale of manufactured items* containing LC-PFCAs which are mostly similar to the applications for PFOA. * “manufactured item” is a product “formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design.”
  9. Publish proposed amendments for a 75-day public comment period – Winter 2020 Publish final amendments – ~Winter 2021
  10. We hope that this was helpful in understanding how we propose to amend the regulations. At this time, should you wish to share some views or information or input, you’ll be able to do so in a moment through the phones. If you wish to take the floor, we ask that you identify yourself by name and affiliation. We would also be pleased to answer any clarifying questions that you may have. As a reminder, we will not be using the chat function to allow any views to be shared or questions to be asked. These are limited to the phone. The floor is now open.
  11. Slide [insert page number] slides provide you with contact information should you have any further question on the PCTSR.
  12. As well as links you may find useful, including links to the Regulations, and to the CEPA Registry where additional information may be found.
  13. As well as links you may find useful, including links to the Regulations, and to the CEPA Registry where additional information may be found.
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