Canada Gazette, Part I, Volume 155, Number 26: Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999
June 26, 2021
Canadian Environmental Protection Act, 1999
Department of the Environment
Department of Health
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Coal tars and their distillates (or “coal tar substances”) meet the ecological and human health criteria for a toxic substance under paragraphs 64(a) and (c) of Canadian Environmental Protection Act, 1999 (CEPA or “the Act”), respectively. In accordance with subsection 90(1) of CEPA, the Minister of the Environment and the Minister of Health (the Ministers) are recommending to the Administrator in Council (AiC) to make an order to add coal tars and their distillates to Schedule 1 to CEPA (List of Toxic Substances). The conclusions under paragraphs 64(a) and (c) of the Act, are considered to cover all coal tars and their distillates, including, but not limited to, the six substances in Table 1.
|CAS RN table 1 note 1||DSL table 1 note 2 Name||Common name|
|8007-45-2||Tar, coal||Coal tar|
|65996-82-9||Tar oils, coal||Coal tar oils|
|65996-91-0||Distillates (coal tar), upper||Coal tar upper distillates|
|65996-90-9||Tar, coal, low-temperature||Low-temperature coal tar|
|65996-89-6||Tar, coal, high-temperature||High-temperature coal tar|
|65996-93-2||Pitch, coal tar, high-temperature||High-temperature coal tar pitch|
Table 1 note(s)
The Chemicals Management Plan (CMP) is a federal program that assesses and manages chemical substances and living organisms that may be harmful to the environment or human health in Canada. Coal tars and their distillates were assessed as part of the CMP. While the six coal tars and their distillates listed in Table 1 were identified as priorities for assessment, the data obtained on these substances were used to assess the risk from all coal tars and their distillates.
Coal tar and their distillates: description, production, uses and sources of release
Coal tars are almost black liquids or semisolids that are heavier than water, slightly alkaline and have a characteristic naphthalene-like odor (like mothballs). They are only slightly soluble in water. Coal tars can be distilled into many fractions, referred to as coal tar distillates. Coal tars and their distillates are complex mixtures of hydrocarbons (mainly aromatic) and other chemical components. As the nature and proportions of the various components are mixed and variable, coal tars and their distillates are considered to be substances of “unknown or variable composition, complex reaction products or biological materials” (or UVCBs) rather than discrete substances that are represented by a single chemical structure. Therefore, coal tar substances and their distillates have no specific chemical formula or structure. Given that the substances are UVCBs, the screening assessment evaluated the coal tars and their distillates as a group, using the data available from the six coal tar substances in Table 1.
In Canada, coal tars are a by-product of coke making operations in four integrated steel mills located in Ontario. Coke is a solid fuel made by heating coal in the absence of air so that the volatile components are driven off. It is used in blast furnaces in the conversion of iron ore to iron, which can be further refined to produce steel. Coal tars produced in Canada are classified as either coal tar (CAS RN 8007-45-2) (the generic coal tar descriptor) or high-temperature coal tar (CAS RN 65996-89-6), but not low-temperature coal tar (CAS RN 65996-90-9). This is because the coal tar produced in Canada is from coke-making operations that use temperatures well above 700°Celsius, the threshold between high-temperature and low-temperature coal tars. Coal tars are the condensation products obtained by cooling, to approximately ambient temperature, the gas produced in the distillation of coal during its use as feedstock in coke making operations at the four integrated steel mills operating in Canada.
There is only one coal tar refinery in Canada, also located in Ontario. Coal tar distillates are produced by the distillation of coal tar at a coal tar refinery. Coal tar distillates produced in Canada include, but are not limited to, coal tar upper distillates (CAS RN 65996-91-0), high-temperature coal tar pitch (CAS RN 65996-93-2), and coal tar oils (CAS RN 65996-82-9).
Based on the presentation Coal Tar Pitch Markets in Europe & North America (Sutton 2008), an estimated 146 kilotonnes (kt) footnote 1 of coal tar were produced and 165 kt of coal tar distilled in Canada in 2007. footnote 2 About 50% of the coal tar distillated is expected to be coal tar pitch. footnote 3 Other coal tar distillates are produced for uses described in Table 2.
Coal tars distillates are used in the production of substances, such as creosote, crude naphthalene, carbon black feedstock, coal tar pitch and oils. Upon further distillation, coal tars are used, as an active ingredient in veterinary and human drugs. A summary of these substances description and uses is in Table 2.
|Substances||Description and use|
|Active ingredient in veterinary and human drugs||Primarily used in the form of shampoos to treat skin conditions, such as psoriasis, eczema and seborrheic dermatitis.|
|Coal tar pitch||A thick black liquid used as a base for coatings and paint, in roofing and paving, and as a binder in asphalt products. It may also be used as an adhesive/binder in clay pigeons and briquettes, to strengthen and impregnate refractories for lining industrial furnaces, in pavement sealants, and in epoxy coatings used in industrial applications. In Canada, it is mainly used in the aluminum industry, as a binder for aluminum smelting anodes.|
|Carbon black feedstock||A fine black powder mainly used as a reinforcing filler in tires and other rubber products. In plastics, paints, and inks, it is used as a colour pigment.|
|Creosote||A dark brown oil used as a wood preservative.|
|Oils||These oils, (light oil, carbolic oil, naphthalene oil, wash oil, anthracene oil, base oil, tar acid oil and heavy aromatic oil) are mainly used as feedstocks for industrial processes.|
|Crude naphthalene||A white crystalline solid with a characteristic odor used as a main ingredient in mothballs and as a raw material for chemical manufacture.|
It is estimated that 146 kt of high-temperature coal tars (CAS RN 65996-89-6) were produced in Canada in 2007, driven primarily by the production of steel. Since coal tars are a by-product of coke making operations in the production of steel, their production increases or decreases with the production of steel. In 2007, steel production in Canada was 15.5 million tonnes, and in 2019, it was 12.9 million tonnes. This represents a decrease of 16.8% from 2007 to 2019. footnote 4 Assuming the same reduction in coal tars production, in 2019, the production of coal tars in Canada was about 121.5 kt.
The Department of the Environment and the Department of Health (the Departments) issued a mandatory survey under section 71 of CEPA footnote 5 encompassing coal tars and their distillates (reporting year 2011). Information reported by industry for 2011 indicated that Canadian manufacture and import of coal tar oils (CAS RN 65996-82-9) were in the range of 100 kt to 1,000 kt. In the same year, coal tar upper distillates (CAS RN 65996-91-0) were reported to be imported in the range of 1 kt to 100 kt. No manufacture or import of low-temperature coal tar (CAS RN 65996-90-9) was reported above the reporting threshold of 100 kilograms. The reported information is not expected to have changed significantly since 2011.
Sources of release
Coal tars and their distillates may be released to air, water and soil from industrial activities associated with their production, transportation and storage, as well as during use and disposal of consumer and industrial products that contain them (e.g., coal tar-based pavement and roofing sealants).
Coal tar substances can be released to air in the vicinity of industrial facilities (i.e., integrated steel mills and coal tar refinery) during production and subsequent distillation in the production of other substances (e.g., creosote, naphthalene, carbon black and coal tar pitch). Releases of coal tars and their distillates to air, water and soil may also occur during loading, unloading and transport between industrial facilities or during storage at these facilities. All processing activities take place within an industrial setting with control systems that reduce releases of coal tars and their distillates to the environment. However, there is still potential for release of the coal tars and their distillates, both at the facility and during transport of these substances to other processing facilities.
Based on the information reported on manufacture and imports of coal tar distillates under section 71 of CEPA, coal tar substances may be released to soil and water from the application and use of coal tar-based pavement sealants, used in residential driveways or commercial parking lots, and/or in roofing sealants.
Summary of the screening assessment
A screening assessment was conducted to determine if coal tars and their distillates meet one or more of the criteria for a toxic substance as set out in section 64 of CEPA (i.e., to determine if the substances could pose a risk to the environment or human health in Canada). footnote 6
Under section 64 of CEPA, a substance is considered toxic if it is entering or may enter the environment in a quantity or concentration, or under conditions that:
- a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity;
- b) constitute or may constitute a danger to the environment on which life depends; or
- c) constitute or may constitute a danger in Canada to human life or health.
The Department of the Environment and the Department of Health (the Departments) generated and collected information from modelling, literature reviews, database searches, and mandatory surveys issued under section 71 of CEPA to inform the screening assessment conclusion that coal tars and their distillates meet the ecological and human health criteria for a toxic substance as set out in paragraphs 64(a) and (c) of CEPA, and thus, they constitute a risk to the environment and human health in Canada.
The ecological and human health portions of this assessment have undergone external written peer review/consultation. Comments were received from academics, subject matter experts, the Ontario Ministry of the Environment, and other relevant stakeholders.
As UVCBs, coal tars and their distillates contain a large and variable number of components that are harmful to the environment and human health. In particular, there are two components in coal tars and their distillates regarded as high-hazard components, namely polycyclic aromatic hydrocarbons (PAHs) and benzene. PAHs and benzene are toxic substances listed in the List of Toxic Substances (Schedule 1 to CEPA). footnote 7 Adverse effects to the environment are attributed mainly, but not exclusively to PAHs present as components in the coal tars and their distillates. For this reason, PAHs have been considered in evaluating the ecological risk associated with coal tars and their distillates. Adverse effects to human health are attributed mainly, but not exclusively, to PAHs and benzene present as components in the coal tar and their distillates. For this reason, PAHs and benzene have been considered in evaluating the human risk associated with coal tars and their distillates. The critical human health effect for PAHs and benzene in this assessment is carcinogenicity. footnote 8
PAHs exert toxicity through various means, including narcosis. In ecotoxicology, narcosis is caused by the accumulation of a chemical and its interference with cell membranes. This can lead to numerous adverse effects, such as reproductive or developmental impairment, impacts on mobility (disequilibrium), cardiovascular and respiratory failure, and lethality in organisms. Adverse effects may also include genetic mutations and the formation of cancer. Benzene is internationally recognized as a substance that could cause cancer in humans.
Releases of PAHs and benzene to air and other environmental media (e.g., water and soil) at industrial sites (including integrated steel mills and the coal tar refinery) are reported to the National Pollutant Release Inventory (NPRI).
Ecological assessment summary
Many PAHs present in coal tars and their distillates demonstrate acute and chronic toxicity to aquatic and terrestrial organisms and are therefore considered to present a high hazard to the environment. PAHs may also persist in the environment and have the potential to bioaccumulate in aquatic organisms.
The assessment identified three exposure scenarios that have the highest potential for release of PAHs from coal tars and their distillates into the environment. These scenarios included the deposition of PAHs onto soil from air releases at the coal tar refinery; the releases of PAHs into water from the same refinery; and the release of PAHs into water from application of coal-tar-based pavement sealants. In order to determine if these scenarios may pose an ecological risk, PAHs were used as a surrogate since they are major components of coal tars and their distillates. Predicted environmental concentrations (PEC) were estimated for individual PAHs, using reported PAHs releases to the NPRI and other available information, such as peer reviewed literature and databases with information on product usage in Canada. Based on information from the Canadian Environmental Quality Guidelines (i.e., water and soil), the predicted no-effect concentrations (PNEC) of PAHs were estimated. When PEC values are greater than PNEC values, there is a potential for ecological harm in that environmental compartment (i.e., water, air, soil and sediment).
Based on the PEC and PNEC values for each of the scenarios assessed and other available information, the screening assessment determined that:
- PAH concentrations in soil in the vicinity of a coal tar refining facility have the potential to exceed levels causing adverse effects in organisms.
- Releases of coal tar related PAHs to water from the same refinery are not likely to cause ecological harm.
- Releases of coal tar related PAHs to water from the application and use of coal tar-based pavement sealants have the potential to exceed levels that elicit adverse effects in aquatic organisms.
Given the above information, the screening assessment concluded that coal tars and their distillates have the potential to cause ecological harm, as per the criterion for a toxic substance set out in paragraph 64(a) of CEPA. Coal tar substances did not meet the criterion for a toxic substance set out in paragraph 64(b) of the Act.
Human Health Assessment Summary
Exposure to coal tar substances and their potential impact on human health were characterized by estimating exposures to benzene and/or PAHs, two components of coal tars and their distillates regarded as high-hazard components that can cause cancer in humans. The assessment identified three exposure scenarios as having the potential to pose a risk to human health in Canada.
The first two scenarios considered releases of coal tar substances from processing and/or storage to the air in the vicinity of integrated steel mills and the coal tar refinery. The third scenario examined exposure to coal tar substances from house dust due to the weathering/wearing of coal tar driveway sealants.
The risk associated with long-term inhalation exposure of the general population to evaporative emissions of coal tars from integrated steel mills and the coal tar refinery was characterized by comparing the estimated exposure to benzene and PAHs released to air from these facilities with the estimates of carcinogenic potency for these substances. It was concluded that exposure to benzene by inhalation over the long-term may pose a human health risk to the populations living in the vicinity of these facilities. Releases of PAHs did not constitute a human health concern.
The risk associated with exposure to coal tar substances from house dust due to the weathering of coal tar driveway sealants was characterized by estimating the lifetime exposure to PAHs from house dust due to incidental (i.e., non intentional) ingestion of house dust with the estimate of carcinogenic potency for PAHs. It was concluded that exposure to PAHs associated with the use of coal tar driveway sealants may pose a human health risk. Additionally, it was noted that children aged six months to 11 years old were considered to represent a susceptible subpopulation due their greater exposure potential and higher susceptibility to the effects of PAHs.
Based on the potential risks associated with coal tars and their distillates, emissions for those living in the vicinity of integrated steel mills and the coal tar refinery, and exposure to house dust from the weathering of coal tar driveway sealants, the screening assessment concluded that coal tars and their distillates may pose a risk to human health and meet the human health criterion for a toxic substance as set out in paragraph 64(c) of CEPA.
Canadian risk management activities
The federal government
The use of coal tar as an active ingredient in human and veterinary drugs, primarily in the form of shampoos used to treat skin conditions, is listed in Health Canada's Drug Product Database and thus regulated under the Food and Drugs Act (FDA). Under the FDA, coal tar substances are prohibited as ingredients in cosmetic products for use in the area of the eye, and can only be used in hair dyes subject to warning label requirements. The substances are not permitted to be sold as a natural health product, and are not approved for use as food additives.
There are no federal risk management actions in place on coal tar-based sealant consumer products or coal tar refining pertaining to the use or release of coal tars and their distillates. However, at the federal level, there are risk management measures to manage releases of air pollutants from integrated steel mills, such as PAHs and benzene, two major components of coal tar substances. These measures (e.g., Pollution Prevention Planning Notice, Codes of Practice, and Canada-Wide Standard) have resulted in substantial reductions of PAHs and benzene releases to air from integrated steel mills in Canada (e.g., as of 2008, benzene emissions had been reduced approximately 88% from 1995 levels).
Provincial / territorial governments
There are no provincial / territorial risk management actions on coal tar-based sealant consumer products in place pertaining to the prevention or control of releases of coal tar substances from these products. However, in Ontario, where all integrated steel mills and the only coal tar refinery are located in Canada, there are risk management measures aimed to limit exposure to substances released from local industrial and commercial facilities that can affect the environment and human health, which include integrated steel mills and the coal tar refinery. Between 2016 and 2017, the province approved site-specific standards for benzo[a]pyrene (a PAH) and benzene for the four integrated steel mills and the coal tar refinery that are expected to result in significant emission reductions. footnote 9
International risk management activities
The United States (U.S.)
Under the Toxic Substances Control Act, coal tar and upper distillates of coal tar are subject to a significant new use rule which requires the filing of a significant new use notification with the Environmental Protection Agency (EPA) prior to manufacturing, importing, or processing any of these chemical substances for use in a consumer product or for any use, or combination of uses, that is reasonably likely to expose 1,000 or more workers at a single corporate entity. The required notification provides the EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit, or limit that activity before it occurs.
Additionally, several regulations under the U.S. National Emission Standards for Hazardous Air Pollutants program of the Clean Air Act could also be applicable to the production of coal tar substances. For instance, coke oven batteries use coal to produce coke, footnote 10 and under this program, the standard for coke ovens pushing, quenching and battery stacks seeks to reduce emissions of toxic air pollutants from these coke oven processes. Another example is the standard for coal tar refining under the standard for synthetic organic chemical manufacturing industry (PDF) - equipment leaks.
An increasing number of jurisdictions in the U.S. are controlling or banning the use of coal tar-based pavement sealants. As of early 2018, Texas, Wisconsin, New York, Massachusetts, District of Columbia, Michigan, North Carolina, South Carolina, Washington, California, Kansas, Illinois, Maryland, Minnesota, Connecticut and Missouri had known restrictions within their boundaries.
The European Union (EU)
High-temperature coal tar pitch is identified as a Substance of Very High Concern in the EU and the European Chemicals Agency recommended the substance for inclusion in Annex XIV of the Registration, Evaluation, Authorization and Restriction of Chemicals Regulation in 2017. This substance will therefore not be allowed to be marketed or used after October 2020 unless an authorization or an exemption is granted.
A recent ruling from the Court of Justice of the EU denied the classification of high-temperature coal tar pitch as hazardous to the aquatic environment under the Aquatic Acute category 1 (very toxic to aquatic life) and Aquatic Chronic category 1 (very toxic to aquatic life with long lasting effects) of the Classification, Labelling, and Packaging of Substances and Mixtures Regulation. This Regulation classified coal tar pitch as hazardous to human health under the Carcinogenic category 1A (known to cause that effect in humans), Mutagenic category 1B (suspected to cause that effect in humans), and Reproductive Toxicity category 1B (suspected to cause that effect in humans).
The Directive for Integrated Pollution Prevention and Control (IPPC Directive 2008/1/EC) sets out guidelines to minimize pollution from various point sources such as emissions from storage tanks and establishes the Best Available Techniques (BAT) reference documents. The IPPC Directive 2008/1/EC is the main EU instrument regulating pollutant emissions from industrial installations and requires that these BAT are the reference in setting permit conditions (European Commission, 2010). footnote 11
The objective of the proposed Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 (the proposed Order) is to add coal tars and their distillates to Schedule 1 to CEPA (List of Toxic Substances). This would enable the Ministers to propose risk management measures under the Act to manage potential environmental and human health risks associated with coal tars and their distillates.
The proposed Order would add coal tars and their distillates to Schedule 1 to CEPA (List of Toxic Substances).
On June 11, 2016, a Notice with a summary of the draft screening assessment report of coal tars and their distillates was published in the Canada Gazette, Part I, for a 60-day public comment period. The Notice also informed of the release of the risk management scope document for these substances to initiate discussions with stakeholders on the development of risk management actions following their addition to Schedule 1 to CEPA (List of Toxic Substances).
A total of 35 comments were received from industry stakeholders and non-governmental organizations during that period. Twenty-nine of these comments were on the draft screening assessment report and six on the risk management scope document. The comments on the draft screening assessment report were considered in the development of the final screening assessment report, but did not change the conclusion that coal tars and their distillates meet the criteria for a toxic substance as set out in paragraphs 64(a) and (c) of CEPA. The comments on the risk management scope document were considered in the development of the risk management approach document, which has been published with the proposed Order for a 60-day public comment period. A table summarizing the 35 comments received and the responses to these comments, which include information on how the comments were considered in the finalization of the screening assessment report, is available at https://www.canada.ca/en/health-canada/services/chemical-substances/petroleum-sector-stream-approach/stream-0.html
Summary of public comments and responses on the draft screening assessment
Stakeholders commented on various aspects of the screening assessment. Comments were related to new information and data, as well as the methodology used to evaluate ecological and human health risk and exposure.
New information and data
Stakeholders provided a description of the “Substance Identity” of coal tar-based pavement sealant, and requested the consideration of information on coal tars published by the United States Geological Survey (USGS) and on the site-specific standards (SSS) Ontario approved for integrated steel mills related to the coal tar substances emission reductions. Officials responded that the description of the “Substance Identity” of coal tar-based pavement sealant and the USGS were added to, and considered in the final screening assessment report. Officials also reviewed the information provided on the approved SSS in Ontario for integrated steel mills and determined that their emissions continued to present a potential concern to human health in Canada.
The methodology used to evaluate ecological and human health risk and exposure
While an industry stakeholder agreed with the ecological and human health toxicity conclusion, another challenged the use of metrics that supported the ecological and human health toxicity conclusions, such as margin of exposures (MOEs), points of impingement, predicted environmental concentration (PEC) and predicted no-effect concentration (PNEC). The industry stakeholder was of the view that these parameters did not reflect the current exposure to human health and the environment from coal tar and their distillates. Officials responded by modifying the exposure approach used for one of the exposure scenarios and providing evidence-based justifications for the methodologies employed in the assessment, based on multiple studies representing a range of conditions and various products that may be used in Canada, rather than relying on a single study.
Another industry stakeholder suggested that the global approach taken in the draft screening assessment did not accurately reflect the current situation in regards to coke-producing facilities in Ontario. Officials responded that the approach used in the assessment to evaluate exposure to emissions from coke-producing facilities in Ontario is appropriate to determine potential ecological and human health risks under section 64 of CEPA. Information specific to Canadian facilities was used in the screening assessment when available, including site-specific information for the coke-producing facilities in Ontario provided by the Canadian Steel Producers Association. Data from NPRI databases on releases of PAHs and benzene to air and other environmental media (e.g., water and soil) at coke-producing facilities in Ontario was also considered. Estimation approaches and models were used when specific data was not available.
Some industry stakeholders and non-government organizations proposed various sources of new data and recent studies. These lines of evidence were considered and some of them were integrated in the final screening assessment. In addition, a notice for a mandatory section 71 survey was issued on December 1, 2018 in the Canada Gazette, Part I, to inform risk management activities for these substances.
Modern treaty obligations and Indigenous engagement and consultations
The assessment of modern treaty implications conducted in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation concluded that orders adding substances to Schedule 1 to CEPA do not result in any new regulatory requirements, and therefore, do not result in any impact on modern treaty rights or obligations. As such, specific engagement and consultations with Indigenous Peoples was not undertaken. However, the pre-publication comment period is an opportunity for Indigenous Peoples to provide feedback on the proposed Order, which is open to all Canadians. In the event that the Ministers propose risk management measures for coal tars and their distillates, the Departments would assess any associated impact on modern treaty rights or obligations, and requirements for Indigenous engagement and consultations, during the development of such measures.
When a substance meets one or more of the criteria for a toxic substance as set out in section 64 of CEPA, the Ministers shall propose one of the following measures:
- taking no further action in respect to the substance;
- unless the substance is already on the Priority Substances List, adding the substance to the Priority Substances List; or
- recommending that the substances be added to Schedule 1 to CEPA (List of Toxic Substances), and where applicable under subsection 77(4) of the Act, the implementation of Virtual Elimination under subsection 65(3) of CEPA.
The implementation of Virtual Elimination is applicable if the substance was assessed under section 74 of CEPA and:
- meets one of the ecological or human health criteria for a toxic substance in section 64 of CEPA;
- was found to be persistent and bioaccumulative in accordance with the Persistence and Bioaccumulation Regulations;
- is present in the environment primarily as a result of human activity, and
- is not a naturally occurring inorganic substance.
Based on the available evidence, the Ministers determined that taking no further actions or adding the substances to the Priority Substances List (option A or option B) is not appropriate since these measures do not address the potential ecological and human health risks associated with coal tar substances. Therefore, the Ministers are recommending to the Administrator in Council to make an Order to add coal tars and their distillates to Schedule 1 to CEPA (measure C). The implementation of Virtual Elimination does not apply to coal tars and their distillates, as they were not found to be persistent and bioaccumulative in accordance with the Persistence and Bioaccumulation Regulations. An order is the only available instrument to implement this recommendation.
Benefits and costs
The addition of coal tars and their distillates to Schedule 1 to CEPA (List of Toxic Substances) would not on its own, impose any regulatory requirements on businesses, and therefore would not result in any incremental compliance costs for stakeholders or enforcement costs for the Government of Canada. The proposed Order would grant the Ministers the authority to develop risk management measures under CEPA for these substances. If pursued, these measures could result in incremental costs for stakeholders and the Government of Canada. In the event that the Ministers propose risk management measures for coal tars and their distillates, the Departments would assess their benefits and costs, and would conduct consultations with stakeholders, the public, and other interested parties during the development of such measures.
Small business lens
The assessment of the small business lens concluded that the proposed Order would have no impact on small businesses, as it does not impose any administrative or compliance costs on businesses. In the event that the Ministers propose risk management measures for coal tars and their distillates, the Departments would assess any associated impact on small businesses during the development of such measures.
The assessment of the one-for-one rule concluded that the rule does not apply to the proposed Order, as there is no impact on industry. In the event that the Ministers propose risk management measures for coal tars and their distillates, the Departments would assess any associated administrative burden during the development of such measures.
Regulatory cooperation and alignment
Canada cooperates with other international organizations and regulatory agencies for the management of chemicals (e.g., the United States Environmental Protection Agency, European Chemicals Agency, and the Organization of Economic Cooperation and Development), and is party to several international multilateral environmental agreements in the area of chemicals and waste. footnote 12 While the proposed Order would not on its own relate to any international agreements or obligations, it would enable the Ministers to propose risk management measures that may align with actions undertaken by other jurisdictions.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a strategic environmental assessment was completed for the CMP, which encompasses orders adding substances to Schedule 1 to CEPA (List of Toxic Substances). The assessment concluded that the CMP is expected to have a positive effect on the environment and human health.
Gender-based analysis plus
No gender-based analysis plus (GBA+) impacts have been identified for the proposed Order.
Implementation, compliance and enforcement, and service standards
As no specific risk management measures are recommended as part of the proposed Order, developing an implementation plan and a compliance and enforcement strategy, as well as establishing service standards, are not necessary. In the event that Ministers propose risk management measures for coal tars and their distillates, the Departments would assess these elements during the development of such measures.
Acting Executive Director
Program Development and Engagement Division
Environment and Climate Change Canada
Substances Management Information Line:
1‑800‑567‑1999 (toll free in Canada)
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Risk Management Bureau
PROPOSED REGULATORY TEXT
Notice is given, pursuant to subsection 332(1) footnote a of the Canadian Environmental Protection Act, 1999 footnote b, that the Administrator in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 90(1) of that Act, proposes to make the annexed Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999.
Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Order or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3 (fax) 819‑938‑5212; (email) firstname.lastname@example.org.
A person who provides information to the Minister of the Environment may submit, with the information, a request for confidentiality under section 313 of that Act.
Ottawa, June 16, 2021
Assistant Clerk of the Privy Council
Order Amending a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999
1 Schedule 1 to the Canadian Environmental Protection Act, 1999 footnote b is amended by adding the following:
- 154 Coal tars and their distillates
Coming into Force
2 This Order comes into force on the day on which it is registered.