FEDERAL PROGRAMS AND INITIATIVES

The Toxic Substances Management Policy

Description

In June 1995, the federal government published its Toxic Substances Management Policy (TSMP). The Policy presents a management framework for toxic substances based on two key objectives: the virtual elimination from the environment of toxic substances that are persistent and bioaccumulative and primarily result from human activity (Track 1); and life-cycle management of other toxic substances and substances of concern to prevent or minimize their releases into the environment (Track 2).

A substance is considered "toxic" under the policy if, after a scientific assessment or decisions taken under federal programs, it either conforms to or is equivalent to "toxic" as defined in the Canadian Environmental Protection Act. The policy contains criteria for determining if substances are persistent, bioaccumulative and predominantly anthropogenic. If all four criteria (ie toxicity, persistence, bioaccumulation and predominantly anthropogenic) are met, the substance is targeted for virtual elimination. All other toxic substances are subject to life cycle management; which could in certain circumstances include a virtual elimination approach.

Action

• Twelve substances (aldrin, endrin, heptachlor, chlordane, hexachlorobenzene, dieldrin, mirex, PCBs, DDT, toxaphene and polychlorinated dibenzo-p-dioxins and dibenzofurans) were confirmed as Track 1 substances in July 1998. The federal government will develop action plans consistent with the objectives of virtual elimination.

Canadian Environmental Protection Act (CEPA)

Description

CEPA (1988) provides a federal legislative framework for managing and controlling harmful toxic substances, including those which are persistant. CEPA defines "toxic" for purposes of the Act; sets out the aspects of substances, including their release in the form of atmospheric emissions, that can be regulated; and, establishes a process for managing these substances.

CEPA provides a mechanism, the Priority Substances List (PSL), to deal with existing substances that require immediate or priority investigation. The Government must determine whether a substance on the PSL is toxic as defined in the Act within a specified time period. Assessments of substances placed on the PSL are the shared responsibility of Environment Canada and Health Canada. Assessments of the first 44 substances placed on the PSL were completed by February 1994. Following the recommendations of a multi-stakeholder Expert Advisory Panel, 25 substances were added to the PSL. The second Priority Substances List of the Canadian Environmental Protection Act was published in December, 1995. The list, recommended by a Ministers' Expert Advisory Panel drawn from major stakeholder groups, contains 25 substances, including single chemicals as well as mixtures and effluents.

A Strategic Options Process (SOP) develops options for the control of substances determined to be toxic under the Act. The SOP involves extensive consultation amongst Environment Canada and other Federal representatives, provinces, industry, environmental groups and other interested parties to look at options for control. The SOP uses a sectoral or substance approach, as appropriate.

CEPA also provides for the evaluation of all new substances proposed for manufacture in or import into Canada to determine whether they are toxic. Those that are determined to be toxic or potentially toxic are subject to appropriate control action.

In March 1998, the federal Minister of the Environment introduced legislation to revise CEPA. The amended statute will provide a legislative mechanism to implement many of the environmental protection policies adopted by the federal government since CEPA was enacted. It will provide a more efficient process to identify, screen, assess and manage toxic substances. It will focus on pollution prevention as a national goal with powers to require pollution prevention planning for substances declared toxic under CEPA and for Canadian sources of international air and water pollution. In addition, by putting elements of the Toxic Substances Management Policy and the special regime for virtual elimination in the revised CEPA, Canada is moving ahead in dealing with the most dangerous toxic substances. The new CEPA also modifies the legislative authority regarding export of toxic substances so that Canada can meet the obligations of the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. As well, the new CEPA provides authority to require exporters to implement criteria for environmentally sound management and to require exporters to implement plans that reduce or phaseout hazardous wastes that are shipped for final disposal in another country. These provisions are necessary for Canada to meet its commitments under the Basel Convention.

Action

1. Annex 15 substances determined to be toxic under the first Priority Substance List:
   • 3,3'-dichlorobenzidine
   • hexachlorobenzene
   • inorganic cadmium compounds
   • polychlorinated dibenzodioxins and dibenzofurans
   • polycyclic aromatic hydrocarbons

2. Relevant CEPA Regulations are:
   • Chlor-Alkali Mercury Release Regulations, 1990
   • Chlorobiphenyl Regulations, 1991
   • Export and Import of Hazardous Wastes Regulations, 1992
   • Federal Mobile PCB Treatment and Destruction Regulations, 1990
   • Gasoline Regulation, 1990
   • Ocean Dumping Regulations, 1988
   • PCB Waste Export Regulations, 1997
   • Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations, 1992
   • Storage of PCB Material Regulations, 1992

3. Annex 15 substances being assessed under the second Priority Substance List:
   • hexachlorobutadiene

Strategic Options Process (SOP)

Description

The Strategic Options Process uses a multistakeholder group to develop management options to address environmental concerns associated with substances declared toxic under the Canadian Environmental Protection Act (CEPA).

Either a sector or substance approach is used. A sector approach is used when the substance is released with other toxic substances during an industrial operation. A substance approach is used when the substance is released during the use of a commercial product.

Steel Manufacturing Strategic Options Process

An example of an SOP relevant to Annex 15 substances is the one developed for the Steel Manufacturing Sector. In April 1999, the Minister of Environment announced the report "Strategic Options for the Management of Toxic Substances from the Steel Manufacturing Sector". Recommendations developed from this multi-stakeholder consultation process will strengthen current voluntary programs by setting reduction targets and schedules and by developing Environmental Codes of Practice backed up by possible regulatory requirements under CEPA. Implementation of these recommendations should result in PAH emission reductions of 45% by 2000, 65% by 2005 and 70% by 2015 from the sector with 1993 base year, benzene emission reductions of 57% by 2000, 83% by 2005 and 89% by 2015 from the sector with 1993 base year, overall sector emission reductions of CEPA-toxic metals, and air emission information on dioxins and furans and mercury to help develop appropriate reduction targets for this sector.

Action

Relevant SOPs for Annex 15 substances:

• Substance approach:
  • dioxins/furans - (Pulp and Paper Regulations, 1992) and Canada-Wide standards to be developed by spring 2000
  • hexachlorobenzene - Strategy under development.
• Sector approach:
  • Electric Power Generation - Strategy accepted by Ministers March 1998 - mercury and inorganic cadmium.
  • Base Metal Smelting - Strategy announced April 1999 - inorganic cadmium, lead, mercury and dioxins/furans.
  • Metal Finishing - Strategy announced April 1999 - inorganic cadmium compounds.
  • Steel Manufacturing - Strategy announced April 1999 - PAHs, inorganic cadmium compounds, lead, mercury, dioxins/furans and PCBs.
  • Wood preservation - Strategy under development - PAHs , hexachlorobenzene and dioxins/furans.

The Pest Control Products Act (PCPA)

Description

The Pest Control Products Act (PCPA) and Regulations is the primary federal legislation for the regulation of pesticides in Canada. Pesticides include insecticides, herbicides, fungicides, etc. that are used in agriculture, forestry, industry, public health and domestic settings. Any pesticide imported into, sold or used in Canada must first be registered under the PCPA.

Registered products may be used only for the specific purposes listed on the approved product label. Provincial and territorial legislation may add to registered restrictions but may not relax them. For example, provinces and territories may require permits to be obtained before pesticides are sprayed aerially, establish specific buffer zones around sensitive areas, and impose posting requirements to identify areas of pesticide application.

Action

• The Pest Management Regulatory Agency (PMRA) has developed a regulatory directive that describes PMRA's strategy for the implementation of the Federal Government's TSMP for products regulated under the PCPA.
• Chlordane, DDT, aldrin, dieldrin, endrin, heptachlor, hexachlorobenzene, mirex, toxaphene and mixed isomers of hexachlorocyclohexane are not registered for use in Canada.
• PMRA is currently undertaking a Special Review of Pest Control Products Containing Lindane (gamma-hexachlorocyclohexane)

Toxic Substance Research Initiative (TSRI)

The key objective of the TSRI is to enhance the knowledge base needed to define and reduce the risk of adverse effects of toxic substances on Canadians and their environment. This includes knowledge needed to conduct risk assessments, develop risk management strategies, evaluate risk management options, and provide Canadians with the sound science on which to base their own decisions. The TSRI complements other federal activities on toxic substances by supporting multi-disciplinary team research, both within and outside government, into priority areas and emerging issues not adequately addressed by other programs.

Canadians will benefit directly from this investment as it will strengthen the government's capacity to protect their health and environment in a socially and economically responsible manner.

Guiding Principles

The Initiative will support scientific excellence and federal public policy objectives by:

• Contributing to the protection and preservation of human health and the environment for current and future generations of Canadians;
• Placing emphasis on biological and chemical research which would benefit ecosystem health and priority population groups at risk, i.e. children, Aboriginal people and the elderly;
• Encouraging and promoting multi-disciplinary research approaches to address the risks and roles of toxic substances in the complex chain of causation leading to adverse environmental consequences and adverse human health effects;
• Placing emphasis on research partnerships and leveraged resources to meet the rigorous demands of the Canadian and international scientific communities;
• Promoting and enhancing public understanding of and involvement in toxic substances research by placing emphasis on community consultation, communications, and the use of research results; and
• Applying a target-based approach to research deliverables and determining Initiative success through rigorous project evaluation and tracking of indicators of achievement.

Priority Research Areas

The Toxic Substances Research Initiative will focus strategic and applied research efforts in Canada in five priority areas. A number of priority knowledge needs have been identified in each priority research area. Briefly, the research areas include provisons to:

• Strengthen and accelerate development of our scientific knowledge of Persistent Organic Pollutants (POPs) which may move long distances and cause significant effects on human health and the environment.
• Accelerate research activities designed to understand exposure to and sources, loadings and the toxicological significance of specific forms of metals in the environment.
• Accelerate research activities designed to establish an adequate understanding of the implications of endocrine disrupting chemicals (EDCs).
• Accelerate research to characterize urban air quality as well as human exposure to airborne pollutants and their effects on respiratory and cardiac health.
• Accelerate research needed to improve understanding of the cumulative ecosystem and human health effects of toxic substances; address other emerging toxic substance research issues that arise over the lifetime of this program; and address toxic substance research issues which fall into more than one of the four research priority areas listed above.

Chlorinated Substances Action Plan

Description

The Chlorinated Substances Action Plan is part of an overall Federal strategy to protect human health and the environment. It is a framework which incorporates initiatives (e.g. TSMP, CEPA, Canada-Ontario Agreement) taken to restrict or ban those chlorinated substances that are highly persistent, bioaccumulative and toxic. It is part of Canada's domestic and international efforts to address those substances that threaten our health and the environment. It is the Federal government's response to the recommendation of the International Joint Commission's Virtual Elimination Task Force on sunsetting chlorine and chlorinated substances.

The Chlorinated Substances Action Plan is a comprehensive five-step approach to eliminating or significantly reducing toxic chlorinated substances within a set timetable using both regulatory and non-regulatory tools. It also addresses other aspects of chlorine use.

Action

1. Targeting critical uses and products by:

   (i) eliminating the most harmful chlorinated substances
   (ii) taking a sectoral approach to the management of chlorinated substances
   (iii) entering into environmental performance agreements with key industrial sectors representing the largest sources of releases of targeted chlorinated toxic substances.

2. Improving scientific understanding of chlorinated substances and their impacts on human health and the environment.
3. Studying public health and socio-economic effects of chlorinated substances and their alternatives.
4. Better informing the Canadian public about chlorine and chlorine-related issues.
5. Promoting and leading international efforts for global action on chlorinated substances.

Pollution Prevention Initiatives

Pollution Prevention: A federal strategy for action (1995) describes Canada's environmental protection policy in a sustainable development context. It provides a clear definition of pollution prevention

"The use of processes, practices, materials, products or energy that avoid or minimize the creation of pollutants and waste, and reduce overall risk to human health or the environment"

identifying it as the most effective approach for protecting our environment, eliminating costly waste, and promoting sustainable development. The pollution prevention strategy promotes an action plan involving partnerships in five key areas - within the federal government, with other orders of government, with the private sector, with individual Canadians, and with the international community. Its focus is on achieving environmental results through new legislation, smart regulation, voluntary initiatives and economic instruments.

The new CEPA provides powers that will require pollution prevention planning for all substances declared toxic under CEPA (several of which are Annex 15 substances). It also enables the establishment of a national pollution prevention clearinghouse. Environment Canada has already launched the Canadian Pollution Prevention Clearinghouse (CPPIC), and internet product to provide comprehensive information and tools for Canadians to strengthen their capacity to practice pollution prevention and to develop pollution prevention plans. Authority is also provided in the new CEPA to create an awards program to recognize significant achievements in the area of pollution prevention.

Methylenebis(phenylisocyanate)

An example of a pollution prevention initiative relevant to an Annex 15 substance is the Pollution Prevention Memorandum of Understanding between Environment Canada and the Canadian Vehicle Manufacturers Association (CVMA). The member companies of the CVMA have pledged to reduce or eliminate emissions and releases of various substances through the implementation of process modifications and/or raw material substitutions or reformulations. COA substances are included on the list of targeted substances.

The General Motors Oshawa Car Plant has reported an air emission reduction of 76.8 tonnes of methylenebis(phenylisocyanate). This was a result of the plant eliminating the use of isocyanate-based foam typically used as a sound-deadener. A vehicle design change was implemented which allowed the use of metal baffles instead of the isocyanate foam.

The National Pollutants Release Inventory (NPRI)

Description

In 1993, the Minister of the Environment first announced requirements under subsection 16(1) of CEPA for facilities meeting the reporting requirements to report specified information on releases of pollutants. Under the NPRI anyone in Canada who owns or operates a facility with ten or more full-time employees in the operating year and which manufactures, processes or otherwise uses any of the NPRI-listed substances in quantities equal or greater than 10 tonnes (10 000 kg) and in concentrations equal or greater than 1%, with the exception of listed substances produced or manufactured as byproducts, must file a report to Environment Canada and identify any releases or transfers in wastes of those substances to air, water or land. Results are published in a yearly summary report. In 1996, 1,818 facilities filed reports.

There are currently 176 substances on the NPRI list and 73 additional substances have been identified for inclusion on the NPRI starting in the 1999 reporting year. Under recent amendments, reporting on the 3 R's (reduction, reuse and recycling) and providing qualitative information on pollution prevention will be mandatory for the 1998 reporting year.

Action

• Annex 15 substances currently listed on the NPRI are: anthracene, cadmium and its compounds, lead and its compounds, 4,4'-methylenebis(2-chloroaniline) and mercury and its compounds.
• Consultations are ongoing on the NPRI with regard to changes to addition and selection criteria for current substances and new substances as well as the establishment of alternate reporting thresholds. If adopted, these changes would result in additional Annex 15 substances being listed on NPRI.
• The NPRI does not currently list pesticides, but they have not been specifically exempted from reporting.
• The revised CEPA requires the establishment of an Environmental Registry of CEPA-related information. The Registry aims to facilitate access to public documents which includes inventories such as the NPRI.