Richard King -- Toxics Regulation in Canada

Melamine in Milk

2009-12-14T16:36:00.002-05:00

The journal Environmental Health Perspectives is publishing an article on the incident in September 2008 in which thousands of Chinese citizens fell ill from consuming milk that had melamine deliberately added to it (in order to boost its protein content). The authors discuss factors that contributed to the severity of the incident, including delays in reporting and the complexity of international trade of food products and ingredients. They emphasize the need for rapid international collaboration, data sharing, and use of common testing and reporting methods to manage future food-safety incidents. The link to the article is here.

Asbestos in Canada

2009-12-14T16:16:00.002-05:00

Asbestos continues to be in the Canadian news. Earlier this year, federal Liberal Party leader Michael Ignatieff stated that Canada should stop exporting chrysotile asbestos (which is still mined in Quebec). In November, the Canadian Press indicated that the number of new cases of mesothelioma in Canada have increased 67 percent over a decade and a half. This rate is predicted to continue to increase as Canada feels the residual impact of its asbestos boom in the 1950s, 1960s and 1970s. Asbestos is no longer used in Canada.

Toy Recall in Canada

2009-12-14T16:11:00.002-05:00

At the end of November, Health Canada announced a recall of more than 26,000 Melissa & Doug wooden toys after testing found excessive barium in the surface paint. The toys were made in China. The Globe and Mail picked up the story on November 24, 2009 - poor timing for the company given the holiday season.

CMP: Batch 6 Assessments Released

2009-12-14T16:02:00.002-05:00

The federal government recently released the final assessments for the 14 substances in Batch 6 of the Chemicals Management Plan. Of the 14 substances, only benzyl chloride (an industrial chemical found as an impurity in household and personal care products, disinfectants and industrial cleaners, as well as a chemical used in the production of benzyl alcohol and benzyl butyl phthalate) was found to meet the CEPA definition of toxic. Additional time is required to complete four assessments in Batch 6 - Disperse Orange 29, Solvent Red 23, Acid Red 111 and BPAOPB. The completion of Batch 6 marks the mid-point of the Chemicals Management Plan.

Bisphenol-A: Recent News

2009-12-14T15:06:00.002-05:00

Lots more Bisphenol-A (BPA) media coverage and regulatory developments - starting with an article in this past Thursday's Montreal Gazette reporting on a University of Sherbrooke study that examined the impact of BPA on cytotrophoblasts (cells that attach the fetus to the uterus). The study results were published in the journal Toxicology and Applied Pharmacology. There are a couple of other recent developments relating to BPA. First, the World Health Organization's Food Safety Program will hold its October 2010 meeting of scientific experts to discuss BPA in food packaging in Ottawa. Second, the US Food and Drug Administration had planned to make an announcement on BPA and food safety by the end of November, but did not. The delay was covered by media across the US, including this article in the Los Angeles Times.

Updating Guidelines to Assess Toxicity

2009-12-14T14:42:00.002-05:00

The Society of Environmental Toxicology and Chemistry (SETAC) recently published a special series of workshop papers in the journal Integrated Environmental Assessment and Management. The Workshop brought together experts from academia, government, and industry to reach consensus on the significance of advancements in the understanding of the behavior and potential impact of POPs and PBTs in the environment, the current understanding of the state of the science, as well as recommendations for policy-makers to improve and coordinate national and international regulations on the issue. A link to the papers can be found here.

Canada: Environmental Commissioner Report

2009-11-11T22:35:00.002-05:00

Last week, Canada's Commissioner of the Environment and Sustainable Development made his fall report to Parliament. The report contained four chapters, the second of which was devoted to an examination of Canada's toxic substances regulatory regime. The link to the chapter can be found here. The chapter was based on an audit of seven substances on the Canadian Toxic Substances List (lead, mercury, DEHP, PCBs, dioxins and furans, dichloromethane, and PBDEs) and involved an audit of how Environment Canada and Health Canada have managed the risks associated with these substances. Among the conclusions and recommendations from the Commissioner are: (a) the need for comprehensive risk management strategies for mercury and lead; and (b) concern about lack of cautionary labelling re: chronic (as opposed to acute) risks associated with consumer products.

Bisphenol-A: Recent Coverage

2009-11-11T21:50:00.003-05:00

The ongoing media coverage of BPA continues. The most recent coverage deals with a study of 634 male workers in China exposed to high levels of BPA in the workplace. The study was the first to examine the impact of prolonged occupational exposure to BPA on humans. The five-year study, published in the journal Human Reproduction, revealed that the men exposed to BPA were four times more likely to have erectile dysfunction, and seven times more likely to have ejaculation problems. The study itself recognizes that the results probably have no application to populations exposed to low levels of BPA. Nevertheless, the study results were picked up by many print media outlets in North America.

Atrazine: US EPA to Commence Assessment this Fall

2009-10-18T09:13:00.002-04:00

The US Environmental Protection Agency announced on October 7, 2009 that they were going to commence a comprehensive health assessment of the pesticide atrizine (one of the most widely used agricultural pesticides in the United States). Health Canada carried out a re-evaluation of atrizine in 2007, and the non-pesticide uses of atrizine were the subject of a screening level assessment completed earlier this year.

Pesticides in Canada: Jurisdictional Issue Regarding Sale of Prohibited Products

2009-10-17T13:36:00.002-04:00

In Canada, jurisdiction over environmental matters is not exclusively assigned to one level of government. Rather, environmental regulations on a particular topic can be found at the federal, provincial and municipal levels of government. Nowhere has this fact become more apparent than in the regulation of pesticides. A number of years ago, the Supreme Court of Canada upheld a municipal by-law (in Hudson, Quebec) that banned the application of pesticides for "cosmetic" purposes. Following that ruling, many Canadian municipalities enacted similar by-laws. The federal government in Canada regulates the manufacture and import of pesticides in Canada, while the province regulates the application of pesticides and licences professional applicators. Thus, many municipalities have banned the cosmetic use of pesticides that have been approved by the federal government for use in Canada. The result - some pesticides approved for use in Canada by the federal government are now (legally) on store shelves in municipalities that ban the application of those pesticides. A CBC News story recently pointed this out by covering efforts by an environmental NGO (Western Canada Wilderness Committee) to have this "loophole" closed. Products were on sale at the local Canadian Tire store.

Bisphenol-A: UNC Study Regarding Early Childhood Behaviour Drawing Plenty of Press

2009-10-17T12:34:00.004-04:00

A University of North Carolia study examining the link between exposure to Bisphenol A ("BPA") during pregnancy and early childhood behaviour has drawn a fair amount of press (including an October 6th Canadian Press article and an October 7th article in the Milwaukee-Wisconsin Journal Sentinel). The study (published in the journal Environmental Health Perspectives) examined BPA levels in urine samples from 249 pregnant women in Cincinnati at 16 and 26 weeks pregnancy, and again at birth. This is the first study to examine the association between prenatal BPA exposure and childhood behavior. The study concluded that there was no association between mean urinary BPA concentrations and behavior scores among all children. However, it did conclude that there was an association between mean prenatal BPA concentrations and externalizing behavioural scores in females (but not boys). The American Chemistry Council put out a press statement in reply (found here) stating that there are significant limitations in the study design, in part due to the small size of the study group and the failure to assess other causes of behavioural issues.

Chemicals: Section 71 CEPA Notice Published

2009-10-03T14:49:00.003-04:00

The Canadian government published a Notice under section 71 of CEPA (Canadian Environmental Protection Act, 1999) requesting manufacturing and importation information related to approximately 500 chemicals. The requested information relates to calendar year 2008, and is due in March 2010.

Biotech: Section 71 CEPA Notice Issued

2009-10-03T14:45:00.003-04:00

The Canada Gazette today contained a section 71 Notice under CEPA (Canadian Environmental Protection Act, 1999) that kicks off the government's information gathering process for 44 animate substances manufactured or imported into Canada. The information to be provided by March 2010 relates to amounts manufactured or imported into Canada in calendar year 2008.

Organotins: Two Proposed to be Added to TSL

2009-10-03T14:41:00.002-04:00

Today's Canada Gazette contained a proposed Order to add tributyltins and tetrabutyltins to the Toxic Substances List under CEPA (Canadian Environmental Protection Act, 1999). These were assessed (along with seven other organotins) under the New Substances Program, and the results of the assessment published in August of this year. Comments are available on the proposed Order until December 2, 2009.

Chemicals Management Plan: Five Substances to be Added to TSL

2009-10-03T14:33:00.004-04:00

Today, the Canadian Government published proposed Orders to add five substances to the Toxic Substances List (three from Batch 4 and two from Batch 5 of the Chemicals Management Plan. The five substances are: diethyl sulfate (a man-made organic chemical widely used to manufacture other chemicals used in a variety of manufacturing processes); dimethyl sulfate (a substance used in the chemical and pharmaceutical industry to prepare dyes, agricultural chemicals, drugs and specialty products); BNST (a substance used in engine oil and industrial lubricants); acrylamide (used to produce polymers used as a binding, thickening or mixing agent in grout, cement, water treatment, pesticides, cosmetics and food manufacturing); and TCEP (a plasticizer and viscosity regulator with flame retardent properties used in textiles, furniture, electronics, and automobiles). Comments on the proposed Orders are due December 2, 2009.

VOCs: Regulations Limit VOCs in Paints

2009-09-30T22:39:00.003-04:00

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

2009-09-30T17:00:00.002-04:00

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

2009-09-29T15:08:00.000-04:00

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"

2009-09-29T15:01:00.002-04:00

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

2009-09-27T10:26:00.002-04:00

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

2009-09-27T10:18:00.002-04:00

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

2009-09-27T10:13:00.002-04:00

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

2009-09-27T10:06:00.003-04:00

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

2009-09-24T20:48:00.002-04:00

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

2009-09-24T20:32:00.004-04:00

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

2009-09-19T14:01:00.006-04:00

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

2009-09-19T13:44:00.004-04:00

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

2009-09-17T08:16:00.003-04:00

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

2009-09-17T08:04:00.006-04:00

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

2009-09-15T13:55:00.002-04:00

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

2009-09-15T13:46:00.003-04:00

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

2009-09-11T14:45:00.003-04:00

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

2009-09-09T19:50:00.006-04:00

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"

2009-09-09T16:57:00.005-04:00

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

2009-09-09T16:28:00.003-04:00

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

2009-09-03T14:15:00.002-04:00

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

2009-09-02T16:04:00.003-04:00

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.

Organotins: Two Made Subject to SNAc

2009-08-31T15:08:00.003-04:00

On August 19, two organotins (tetraphenyltin and fluoro-triphenyltin) currently on the Domestic Substances List under CEPA were made subject to the Significant New Activity (SNAc) provisions of CEPA. Non-pesticidal organotin compounds were initially assessed by the Canadian government in 1993 and found to be not toxic to the environment. However, in the six years following that assessment, nine "new" or "transitional" organotins were assessed by the federal government, which condluded that these nine substances were suspected to be CEPA-toxic. This resulted in a follow-up ecological assessment of organotins already on the Domestic Substances List. As a result of this follow-up assessment, any new use, manufacture of import of tetraphenyltin and fluoro-triphenyltin will be required to undergo ecological and human health risk assessments.

Lead: Federal Regulations Pending?

2009-08-31T14:33:00.003-04:00

Last Thursday, Carly Weeks of the Globe & Mail reported that the Canadian government may release regulations as early as this Thursday to restrict lead content from new consumer products including strollers, playpens, high chairs, cooking utensils, incense and chemical fire logs.

CMP: Batch 5 Decisions Released

2009-08-31T13:53:00.002-04:00

On August 22, the Canadian government released its final decisions on the screening asssessments of the 19 substances in Batch 5 of the Chemicals Management Plan. Of the 19 substances, two were determined to be CEPA-toxic: 2-Propenamide (acrylamide) and tris(2-chloroethyl) phosphate or TCEP. Acrylamide is used in the manufacture of various polymers which in turn are used as binding, thickening or flocculating agents in a variety of consumer products including food packaging. TCEP is used as a plasticizer in polyurethanes, polyester resins, polyacrylates and other polymers, which in turn is used in furniture products, roofing products, upholstery and some electronic products.

Of the 17 substances that will NOT be added to the Toxic Substances List, the federal government determined that two should be made subject to the Significant New Activity (SNAc) provisions of CEPA: the dye Disperse Orange 5, and the material preservative 2-chloroacetamide. The federal government determined that neither substance was being manufactured or imported into Canada above 100 kg per calendar year. If this changes, these chemicals will be reassessed.

Bisphenol-A: Ottawa Citizen Article on Non-Polycarbonate Bottles

2009-08-16T21:37:00.005-04:00

The August 8th edition of the Ottawa Citizen contained an article on non-polycarbonate bottles containing bisphenol-A. The article cited Health Canada testing of non-polycarbonate bottles carried out in 2008 during the risk assessment of bisphenol-A under the Chemicals Management Plan. The Health Canada test results were published in an article in the June 2009 edition of the journal Food Additives & Contaminants. Health Canada posted specific test results to the Health Canada website on August 7th.