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CANADA
Canadian Environmental Protection Act
Assessment
November 2004 Update
In 2001, Environment Canada and Health Canada conducted a Risk Assessment for NP and NPEs pursuant to the Canadian Environmental Protection Act (CEPA). The Assessment considered the environmental fate and effects of NP/NPEs, their human safety and issues relating to endocrine activity.
CEPA requires the evaluation of a chemical’s risk potential under three different sections of the law, which includes consideration of the toxicological properties of a substance as well as its concentrations or nature of entry in the Canadian environment. The Canadian Assessment concluded that NP/NPEs were not toxic under either Section 64(b) posing "no danger to the environment on which life depends;" not toxic under Section 64(c) posing "no danger to human health from environmental exposure" and were "not considered a priority — to reduce public exposure through control of sources that are addressed under CEPA." The Assessment did conclude that NP/NPEs were toxic under CEPA Section 64(a) because of the environmental presence of NP and NPEs from untreated or partially treated textile mill effluents that discharge directly to the aquatic environment and because of discharges of NP and NPEs "from a select number of municipal wastewater treatment plants and pulp and paper mills."
In addition to the risk assessment activities, Canada has also issued environmental quality guidelines (EQGs) for NP and its ethoxylates for the protection of aquatic life utilizing the protocol developed by the Canadian Council of Ministers of the Environment. The EQG for NP in freshwater is 1.0 ug/L and was derived by multiplying the Lowest Observable Effect Concentration (LOEC) for the most sensitive organism, which was 10.3 ug/L for rainbow trout, by an extra safety factor of 10.
While the Canadian EQG is slightly lower than the values proposed by EPA, studies of the actual levels of NP/NPEs that occur in the Canadian environment generally do not exceed even this conservative guideline, and where they do, are usually associated with a select number of inefficient or inadequate wastewater treatment facilities. Nonetheless, Environment Canada has proposed a regulation requiring that Pollution Prevention (P2) plans be prepared and submitted by Canadian manufacturers and importers of certain types of products that contain NP/NPEs.
The preparation and implementation of P2 Plans under this Notice applies only to parties in Canada that:
(1) Manufacture or import soap and cleaning products, or processing aids used in textile wet processing, or pulp and paper processing aids; and,
(2) Purchase or otherwise acquire 2000 kg or more of NP and/or NPEs annually in these specific products during at least one calendar year between January 1, 2003 and December 31, 2012.The Pollution Prevention Notices does not apply to Canadian manufacturers or importers of products that do not fall into one of the three use areas of concern. For example, this Notice will not affect NP/NPEs use in paints, coatings, resins and adhesives, construction, automotive and metal fabrication, personal care products, and drugs and medical devices such as spermicides. In addition, products that are exported from Canada to another country have been exempted from the P2 planning requirements.
The Risk Management Objective stated in Canada’s proposed Notice is a 50% reduction of the total mass of NP and NPEs used and/or imported annually by the end of 2007 and a reduction of 95% by the end of 2010. While there are no P2 or use reduction requirements for octylphenols (OP) and octylphenol ethoxylates (OPEs), Environment Canada does not view these compounds as suitable replacements for NP/NPEs.
Proposed guidance on preparing P2 plans as well as information on waivers and time extensions can be found in the proposed Canada Gazette Notice. The current expectation is that the Notice will be published in late 2004 and that P2 plans will need to be prepared and implementation initiated no later than June 30, 2005.
APERC's View on Canadian Risk Management
APE Research Council Comments on the Working Document for Products Containing NP and NPE - July 31.2003 - July 2003
APE Research Council Comments and Attachment on the Working Document Regarding Pollution Prevention Planning for Nonylphenol and its Ethoxylates Used in the Wet Processing Textile Industry and Effluents from Textile Mills that Use Wet Processing — January 31, 2003
Canada Gazette – Order Adding NP/NPE to Schedule 1 to the Canadian Environmental Protection Act, 1999
– January 1, 2003 (.pdf)Presentation on the CEPA Process for NP/NPE - An Update for Stakeholders
– April 29, 2002 (.ppt)Presentation by Barbara S. Losey, Deputy Director of the APE Research Council, to the Canadian Association of Textile Colourists and Chemists (CATCC) - December 6, 2001
- (English) (French)
APE Research Council Comments on the Proposed Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 in the Canada Gazette, Part I, June 23, 2001 - August 21, 2001 (.pdf)
The Scientific Facts Regarding Recent Canadian Regulatory Activities Relating to the Use of NPEs in Canadian Textile Mills - May 29, 2001 (English) (French)
Letter To Our Customers and Others Interested in the International Regulatory Environment Relating to Alkylphenol-based Products in Europe, and an Update on the Developments in Canada - March 20, 2001 (.pdf version)
Presentation by the APE Research Council to Environment Canada - November 7, 2000.
(powerpoint document)Letter To Our Customers and Others Interested in the Recent Canadian Regulatory Activities Affecting Nonylphenol (NP) and Nonylphenol Ethoxylates (NPEs) - October 25, 2000 (.pdf version)
Presentation by Barbara S. Losey, Deputy Director of the APE Research Council, to the Canadian Manufacturers of Chemical Specialties Association (CMCS), August 23, 2000.
PRESS RELEASE: NEW U.S. CANADA GUIDELINES TO LIFT REGULATORY "CLOUD" OVER NONYLPHENOL ETHOXYLATES: NPE USERS TO RECEIVE NEW COMPLIANCE TOOL – March 21, 2000
APE Research Council Comments on PSL2 (pdf file)
Categorization and Screening of the Canadian Domestic Substance List (CSDSL)
Environment Canada Confirms AP/APEs Not Persistent or Bioaccumulative
Environment Canada recently concluded that nonylphenol (NP), octylphenol (OP) and their ethoxylates (NPEs, OPEs) are neither persistent nor bioaccumulative. These compounds were evaluated as part of a categorization assessment under the Canadian Environmental Protection Act (CEPA) of 1999, which requires an assessment of all substances on the Canadian Domestic Substances List (DSL) with respect to persistence, bioaccumulation and inherent toxicity (PBiT) characteristics. APERC provided extensive weight-of-evidence comments to support the Canadian assessment of various alkylphenols and their ethoxylates.
Click here to view Environment Canada's decision - November 21, 2005
Click here to view APERC's assessment of the persistence and bioaccumulation potential for NP/NPE/OP/OPE - September 16, 2005
November 2004 Update
APERC contends that Environment Canada is relying on an unnecessarily narrow and restrictive definition of P2 Planning in its risk management of NP and NPEs. The definition of P2 Planning in the Canadian Environmental Protection Act of 1999 is much broader than product use reduction and encompasses "the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health."
It is APERC’s view that product use reduction ignores the root causes behind environmental levels of concern. For example, aquatic concentrations of NP/NPEs usually only reach levels of concern relative to Canadian Environmental Quality Criteria in situations where wastewater treatment is lacking, inadequate or inefficient. In other words, high levels of NP/NPEs are generally symptoms of a broader problem with the disposal and treatment of industrial and/or household waste. As NP/NPEs are biodegradable and highly treatable in activated sludge wastewater treatment plants, imposing a requirement for product use reduction only serves to create a false sense of accomplishment. Rather, risk management for AP/APEs should be based on environmental monitoring at a watershed level, i.e., comparing ambient environmental levels to Environmental Quality Guidelines and correcting treatment and practices at the priority sources and at the same time, controlling discharges of all pollutants found in effluent from wastewater treatment plants. In sum, product use reduction should be a strategy of last resort for treatable and biodegradable compounds.
APERC Comments on the "Proposed Risk Management Strategy For Nonylphenol and Its Ethoxylates, Canadian Environmental Protection Act, 1999 (May 2002)" — September 30, 2002 (.pdf)
Comments of the Alkylphenols & Ethoxylates Research Council on the Proposed Risk Management Strategy for the Wet Processing Textile Industry Addressing Textile Mill Effluents and Nonylphenol and Its Ethoxylates Under CEPA 1999 (May 2002) — September 16, 2002 (.pdf)
APERC Position on Environment Canada Proposed Risk Management Goals for NP/NPE Under CEPA — June 10, 2002
APERC Comments on the Identification and Evaluation of Best Available Technologies Economically Achievable (BATEA) for Textile Mill Effluents Phase 1 Report — Revised Draft September 2001
A June 23 notice in the Canada Gazette marks the beginning of a Canadian Environmental Protection Act (CEPA) risk management process for NP/NPE. APERC is ahead of the regulatory timetable with its development of an Environmental Management Program For NPE.
In mid-April 2000, the Research Council was apprised of an initiative by the Toronto City Council to amend the city's existing Sewer Use By-Law which could impose severe restrictions on the use of products that contain NP and NPE.
On May 17 the Toronto Works Committee and the Toronto Economic Development and Parks Committee met jointly to approve the City's new Sewer Use By-Law, which reduces the permissible discharge levels of numerous substances used in city manufacturing and commercial industries, including nonylphenol (NP) and nonylphenol ethoxylates (NPEs).
The City's proposed restrictions on NP and NPEs were not based on scientific assessment of environmental and human health risks and in fact conflict with the recent findings of Environment Canada, which based on a rigorous scientific assessment, found that NP and NPEs "are not toxic to human health or the environment on which life depends."
Industry Maintains Sewer Vote Was Misguided - Economic Impact on Toronto Predicted June 22, 2000 (pdf version)
Final New Sewer Use By-Law No. 457-2000, passed by Toronto City Council on July 6, 2000 - (pdf version)
Letter to Mayor of Toronto - May 30, 2000 (pdf file)
Comments submitted to City of Toronto Works Committee - May 15, 2000 (pdf file)
APERC Alkylphenols Seminar Presentation (ppt file)
Open Letter to Users of Alkylphenols and Alkylphenol Ethoxylates - June 30, 1999NPRI
The National Pollutant Release Inventory (NPRI) was created in 1992 to provide information on pollutants released to the environment or transferred for disposal. The NPRI also collects data on recycling and pollution-prevention activities. Owners or operators of facilities that manufacture, process or otherwise use one or more of the 176 specified substances under prescribed conditions are required to report to the NPRI. Twelve NP/NPEs were added to the inventory in 1999.
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