VOCs: Regulations Limit VOCs in Paints

Today's Canada Gazette contained the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations (made under CEPA). The Regulations place VOC concentration limits on 53 categories of architectural coatings (i.e., the finished products). The Regulations prohibit the manufacture, sale or offer for sale or import of architectural coatings with concentrations of VOCs in excess of the category-specific limits. There is a phase-in period for the Regulations, allowing for product sell-through.

US EPA: Major Regulatory Announcement

Yesterday, the US EPA released a set of "Essential Principles for Reform of Chemicals Management Legislation". These principles will be aimed at revising the Toxic Substances Control Act (TSCA). The EPA also posted characterization information on 100 high production volume substances, and indicated that in the in the interim, the EPA would begin analysis of six high-profile chemicals that have been the subject of recent regulatory scrutiny (e.g., Bisphenol-A, phthalates, PBDEs, perfluorinated compounds, some parafins, and benzidine dyes and pigments). The EPA is gathering data from industry on the six chemicals in order to assess their safety and develop exposure management plans. More information can be found here.

Fluoride in Drinking Water: Debate in Region of Waterloo

Water fluoridation is an issue that has arisen from time to time in a number of Canadian municipalities. Councillors in the City of Waterloo voted yesterday to begin discussions with the Region of Waterloo on the design of a public process to consider the pros and cons of fluoride in drinking water. The issue of water fluoridation will be the subject of a plebiscite in the 2010 municipal election in Waterloo. Provincial legislation permits municipalities to add fluoride.

Media: OpEd on "Risk Communications"

Here is the link to an opinion piece by Howard Mains (Co-President of Tactix Government Consulting Inc.) that appeared in today's National Post.

PCBs: US EPA Provides Guide on PCBs in Caulk

This past week, the US Environmental Protection Agency ("EPA") provided issued guidance documents to building owners and school administrators aimed at reducing exposure to PCBs that may be found in caulk in buildings constructed or renovated between 1950 and 1978. The EPA also stated that it was undertaking new research on the risks associated with caulk containing PCBs, which would enable the EPA to make further recommendations regarding long-term management of the issue.

Chemicals Management Plan: Batch 12 Substances Finalized

Yesterday, the Canadian government released the final list of substances in Batch 12 of the Chemicals Management Plan. The list of 16 substances includes trisiloxane, quartz and carbon black.

PCBs: New Amending Regulations

The Canadian government yesterday released a proposed regulation that would amend the PCB REgulations under the Canadian Environmental Protection Act, 1999 ("CEPA"). The proposed regulation would allow for the on-site destruction of PCBs, and would require reporting for solid products containing PCBs and end-of-use dates for pole-top transformers and light ballasts at less than 50 mg/kg. The proposed regulation would not change the deadlines for final destruction of PCBs or elimination from use.

Chemicals Management Plan: Batch 11 Information Notice Released

Yesterday, the Canadian government launched its assessment of the 16 substances in Batch 11 of the Chemicals Management Plan by publishing a section 71 Notice in the Canada Gazette challenging parties to submit information related to the 16 substances. The substances in Batch 11 are: furfural, DEHA, glyoxal, ethyl acrylate, 2-ethylhexoic acid, Triphenylbismuth, Phenyl-D4, dimethoxytrityl chloride, trichloro-2-hydroxydiphenyl ether, PREPOD, BENTAX, BENIPAT, PMEI, and the siloxanes and silicones MVTFS, MDnM-hydride, and MHDnMH. Information related to these substances must be supplied by industry by January 26, 2010. The link to the Canada Gazette Notice can be found here.

Mercury and TSCA: US EPA Proposes SNUR

The US EPA is proposing a significant new use rule (SNUR) under TSCA for elemental mercury used in flow meters, natural gas manometers, and pyrometers. Persons who intend to manufacture, import or process elemental mercury for use in flow meters, natural gas manometers and pyrometers would be required to notify the EPA at least 90 days before commencing the activity. The notification would enable the EPA with the opportunity to evaluate the intended use and if necessary, prohibit or limit it. The SNUR is open for comment until November 10, 2009.

PBDEs: New Study on PBDE Levels in Human Milk in the United States

The results of the largest study of breast milk PBDE (polybrominated diphenyl ethers) concentration in the United States were published this month. The research (carried out at the University of North Carolina and funded by the US EPA and the National Institute of Environmental Health Sciences) assessed the changes in the PBDE concentrations in human milk between three and twelve months post-partum. Some of the highlights include: (a) the concentrations were higher than milk concentrations reported by most other similar US studies (and considerably higher than reports from outside the US); (b) BDE-47 was present in highest concentration; (c) BDE-47, 99, 100 and 153 were detected in nearly all samples; (d) BDE-209 (the primary congener of the deca-BDEs) could not be detected; and (e) concentrations among women with samples at both three and 12 months postpartum did not significantly change.

Ontario: Nutrient Management Regulation

The Ontario government yesterday amended regulations under the Nutrient Management Act, 2002 relating to the land application and storage of non-agricultural source materials (NASM). The amendments require that the NASM meet certain metal concentration, pathogen content and odour standards. If the levels are exceeded, the material cannot be applied to farmland. Further, depending upon the quality of the material, some applications will be required to prepare a land application plan while others, such as sewage biosolids, will need to have the plan approved by OMAFRA. Generators of NASM will still need to meet Certificate of Approval requirements. The regulations also establish minimum setbacks from surface water, depth to bedrock and maximum application rates.

Ontario Toxics Law: Draft Reg Released

Yesterday, the Ontario government released a draft regulation proposed under the provincial Toxics Reduction Act, 2009 (passed by the Ontario Legislature in June). The regulation sets out a framework for toxics reduction actions by facilities. Among other things, the regulation outlines: which substances are designated as "toxic"; the class of facilities (i.e., sectors) that would be subject to the requirements of the Act and regulation; substance quantity and employee thresholds; details on tracking, quantification, and reporting requirements; provisions for exempting the owner and operator from toxic substance accounting; additional requirements and clarity about the toxic substance reductions plans described in the Act; and what information must be provided to the public. The proposed regulation has been posted on the Environmental Registry for public comment until October 19, 2009.

Bisphenol-A: California Bill Fails to Pass

A California bill proposing to ban the manufacture, sale and distribution of any food or beverage that comes in a bottle or cup that contains Bisphenol-A above a specific threshold and is intended for use by children three or younger has failed to pass the State Assembly. The bill would also have banned the use of BPA as a liner in powdered infant formula cans. The California bill received a majority of votes in the State Assembly (35 to 31) but failed to receive the requisite 41 votes, and will not be reconsidered until next year.

Canada's Chemicals Management Plan: Disperse Orange 5 Subject to SNAc

As noted in an earlier posting (August 31), the Canadian government determined to make Disperse Orange 5 subject to the SNAc (Significant New Activity) provisions of CEPA. Yesterday, the federal government published its formal Order implementing that determination in the Canada Gazette. Currently, Disperse Orange 5 is not being manufactured or imported into Canada in excess of 100 kg annually, so it is deemed to be not in commerce. Should circumstances surrounding the manufacture or import of Disperse Orange 5 change, the substance will be required to undergo a risk assessment. Disperse Orange 5 was assessed in Batch 5 of the Canadian Government's Chemical Management Plan.

Pesticide By-Laws: Pressure on Calgary

Following the Supreme Court of Canada's decision in 114957 Canada Ltee (Spray-Tech, Societe d'arrosage) v. Hudson (Town), many Canadian municipalities enacted by-laws prohibiting the use of pesticides for cosmetic purposes (i.e., residential lawns). The pressure on the City of Calgary to follow suit appears to be mounting, as reported in Sunday's Calgary Sun. The article quotes representative from the Canadian Association of Physicians for the Environment (CAPE) and the Canadian Cancer Society. The CAPE representative states that more than 150 Canadian municipalities have enacted such by-laws (as well as Ontario and Quebec, with four more provinces currently in the process of passing provincial legislation banning pesticide use for cosmetic purposes).

Chlorine: Pools and Allergy Risk

A number of newspapers today carried a Reuters story on the results of a study (published in the journal Pediatrics yesterday) that examined whether chlorine in swimming pools contributes to the development of asthma and respiratory allergies. The study was carried out by researchers at the Catholic University of Louvain (Brussels), and concludes that chlorine in pools has an additive effect on the development of asthma and allergies such as hay fever and allergic rhinitis. The study examined the health of 733 adolescents who swam in chlorinated pools with a control group of 114 adolescents who swam in pools sanitized with a concentration of copper and silver.

Biomonitoring Equivalents and Health Canada

A very recent article in Pesticide and Toxic Chemicals News discussed current research being carried out on biomonitoring equivalents ("BE"). In a nutshell, BEs rely on information about how a body absorbs and breaks down a substance to translate an established safe dose (e.g., maximum acceptable daily oral exposure of Chemical A) into a corresponding biomonitoring value (e.g., the concentration of Chemical A in urine). The development of BEs would allow for a more meaningful analysis of biomonitoring data gathered in programs such as the Canadian Health Measures Survey (Statistics Canada) or the Toxic Nation campaign (Environmental Defence). In particular, it would permit the biomonitoring data to be compared to established safe dose levels established by regulators under traditional risk assessment. The article notes that Health Canada is very interested in BEs, and in the midst of a three year project to develop BEs (to be released next summer). The project is being undertaken by Summit Toxicology, together with the University of Montreal, University of Victoria and University of Ottawa. According to the article, the Health Canada BE study has examined four phthalates, an insecticide, arsenic, BPA and triclosan.

1,4-dioxane: Draft Batch 7 Media Coverage

There has been fairly thin media coverage of the draft Batch 7 results out of the Chemicals Management Plan (CMP) on September 5th. One exception to this is a Canwest News Service article noting the fact that the draft screening assessment for 1,4-dioxane concluded that the substance was not CEPA-toxic. Manufacturers cannot add 1,4-dioxane as an ingredient in cosmetics or personal care products, but the chemical may be found in trace amounts in these items as a byproduct of the manufacturing process.

Media: TIFF Film "My Toxic Baby"

There has been a fair amount of media coverage in the lead up to the release of Min Sook Lee's new film "My Toxic Baby" on September 11th at the Toronto International Film Festival. Expect more on Friday and Saturday.

CMP: Draft Batch 7 Results Released

This past Saturday, the Canadian government released the draft screening assessment reports for 14 substances assessed in Batch 7 of the Chemicals Management Plan. The government is considering classifying three of the 14 substances as CEPA-toxic (on the basis of human health concerns). These three substances are: (a) Michler's ketone (imported into Canada and used in dry film products, inks, pens, and electronics manufacturing); (b) n-BGE (a diluent for epoxy resins used in chemical manufacturing); and (c) 2-butanone oxime (anti-skinning agent in paints, varnishes, etc.). Of the 11 remaining substances, the government is proposing to make five subject to the SNAc provisions of CEPA: Pigment Yellow 60, Solvent Yellow 18, Solvent Blue 5, Solvent Blue 4, and Pigment Brown 22. Currently none of these substances are manufactured in or imported into Canada in a quantity above 100 kg in a calendar year, but should that change, a risk assessment would be required. The public comment period on the draft screening assessments runs until November 4, 2009. The draft risk assessments (and three risk management scope documents) can be found here.

Bisphenol-A: More Toronto Star Coverage of SIGG Water Bottle Liners

Today's edition of the Toronto Star contained a follow-up article by Catherine Porter on the SIGG bottle liner story.

Bisphenol-A: Traces in Bottle Liners

An article in the Toronto Star today reported on the apology made by Swiss bottle manufacturer SIGG regarding BPA content in the epoxy liners of their aluminum bottles. The apology can be found here. This article follows a number of other articles dealing with BPA being found in the liners of non-polycarbonate bottles.