and Transfer Registry: A Canadian NGO perspective

Transcription

1 Overview of Chemicals Promoting Right to Know Management Framework through and National Pollution Pollutant Release Release Inventory in Canada and Transfer Registry: A Canadian NGO perspective Fe de Leon Canadian Environmental Law Association Fe de Leon, Canadian Environmental Law Association Presented at the Public Meeting of the Commission on Making the Links Environmental Justice Project Environmental Cooperation s North American Pollutant Sarnia, ON Release and Transfer Register Project November 17, 2010 Washington D.C., USA November 4, 2010

2 Outline Chemicals management framework in Canada? Why are we concerned about chemicals? Canada s Approach to Chemicals Management Relevant Laws Chemicals Management Plan Promoting Right to Know through Pollution Release and Transfer Registry Canada s National Pollutant Release Inventory Uses of NPRI data Tools to promote right to know What is PollutionWatch? Searches on PollutionWatch for Sarnia Mapping Timetrends Health Effects Randing Take Action

3 Chemicals Management in Canada Why are we concerned about chemicals? Everyone is exposed to chemicals everyday directly and indirectly In 2007, total releases of pollutants in the Great Lakes-St. Lawrence River basin was 209 million kg (US and Canadian facilities) over 66 million kg from Canadian facilities located in the Great Lakes basin Air releases from Canadian facilities in the Great Lakes over 31 million kg Water releases from Canadian facilities 1.3 million kg Approximately 30,000 chemicals in Canadian market, with many hundred more introduced every year Most chemicals have been allowed onto the Canadian market despite lack of assessment on most of these chemicals Monitoring data showing presence of toxic chemicals Biomonitoring results (BPA detected in 91% of Canadians) Monitoring in waters of the Great Lakes detected BPA, siloxanes, pharmaceuticals, PFOS, etc Concerns with health effects from exposure to toxic chemicals increasing cancer rates (1 in 4 Canadians expect to die from cancer) (Canadian Cancer Society) chemicals that are considered endocrine disruption occur at low dose exposure levels Learning disabilities in children on the rise Etc. Most chemicals continue to have very little toxicity and use data Growing concern about toxic chemicals being found in consumer products, personal care products and indoor dust

4 Vulnerable communities Those who will experience the greatest impacts are least responsible and least able to respond Indigeneous populations multiple exposures affect traditional livelihoods. Children Developing bodies, esp. respiratory system, can sustain permanent damage from air pollution. Loss of individual potential and loss of their future. Elderly By 2036, 25% of Canadian population will be over age 65 (is currently about 12%) Low-income multiple impacts Workers

5 Food chain and routes of exposure Source: l-amalgam/images/bioaccumulation.jpg Source: Health Canada, Overview of the Report on Human Biomonitoring of Environmental Chemicals in Canada,

6 Canada s Approach to Chemicals Management Management of toxic chemicals Federal commitment for the virtual elimination of persistent bioaccumulative toxic chemicals,application of pollution prevention and precautionary principle Reliance on risk-based assessment approaches Considers exposure and hazard levels, evidence of harm Current approach does not consider: occupational exposure impacts of chemicals to all vulnerable populations not considered (including indigenious communities, children, people of low income) cumulative impacts of multiple chemical exposures to chemicals Traditional chemical assessments likely to continue enabling widespread environmental contamination before risks can be fully assessed and after damage is done reactive versus precautionary

7 Relevant Laws Canadian Environmental Protection Act, 1999 (CEPA, 1999) main environmental protection law outlines assessment and management of chemicals in Canada Other federal statutes Pesticide Control Products Act focus on active ingredients found in pesticide products Hazardous Product Act toxic substances found in consumer products Fisheries Act aims to prohibit the deposit of deleterious substance in fish bearing waters Food and Drug Act pharmaceutical, cosmetic and personal care chemicals

8 Addressing the backlog of chemicals in Canada (CEPA, 1999 section 73) 23,000 chemicals (DSL, CEPA 1999) Result of categorization - 4,300 substances Screening level risk assessments Chemicals Management Plan Source: Government of Canada, An Overview of the Chemicals Management Plan and Challenge, January 25, 2008

9 Chemicals Management Plan (CMP) Released December 2006 address results of categorization 500 High Priorities 2600 Med Priorities 4300 Priorities from Categorizatio n 1200 Low Priorities

10 Chemicals Management Plan High Priority Substances 500 substances Industry Challenge 193 substances (assessments completed between ) Significant New Activity (SNAc) 148 substances Petroleum Sector 160 substances Other components of the CMP Monitoring and surveillance (include biomonitoring) Accelerated re-evaluation of active ingredients under the Pest Control Products Act mandatory ingredient labelling of cosmetics regulations to address environmental risks posed by pharmaceuticals and personal care products, New substances evaluation

11 Industry Challenge 120 substances NGO Evaluate Industry Challenge - Batches 1-7 (results and proposed management)

12 Industry Challenge trends Trends (Batch 1-7) for Industry Challenge Approximately 26% of the challenge substances in Batches 1-7 have been found CEPA-toxic (31 of 120 substances). SNAc provisions are being applied to approximately 28% of the substances (33 substances) There is no action proposed for approximately half of the high priority substances up to Batch 7. The number of substances found CEPA-toxic has decreased dramatically from Batches 1-2 onward, while the number subject to SNAc provisions has increased. Frequent use is made of future use notification and the Cosmetic Hotlist, which are non-regulatory risk management measures. Three substances have been slated for virtual elimination (VE) in Batches 1-7.

13 CELA s expection of the CMP 1) Focus on precaution, prevention and elimination of the most hazardous substances through regulatory measures (listing to Toxic Substances List, Prohibition of Certain Toxic Substances Regulations, virtual elimination, etc.) 2) Promotion of safe substitutes for toxic substances 3) Apply reverse onus to increase industry accountability Require specific toxicity data for substances - neurodevelopmental toxicants, chronic toxicity, endocrine disrupters 4) Consider cumulative and synergistic impacts of chemicals with similar modes of action 5) Take early action on medium priority substances (2,600 chemicals) and apply the precautionary principle 6) Improve tracking and reporting on toxic chemicals

14 PAUSE

15 National Pollutant Release Inventory Canada s national pollution inventory toxic chemicals and criteria air contaminants (smog causing chemicals) (over 340 substances) Mandatory reporting required under CEPA 1999 First reporting 1994, mandatory reporting started in 1995 Generally requires large facilities to report, many limitations

16 NPRI

17 NPRI Some limitations do not cover all potential harmful pollutants - more than 340 pollutants are included on the NPRI list; by comparison, there are 23,000 substances on Environment Canada's Domestic Substances List, which lists substances currently in use in Canada. do not cover pollutants that have pesticide applications only ; do not cover greenhouse gases; generally do not include releases that fall below the reporting threshold of 10 tonnes manufactured, processed or otherwise used; do not include mobile sources such as cars, trucks and construction equipment; do not include natural sources such as forest fires and erosion; do not include sources such as dry cleaners and gas stations; do not include facilities that are exempted such as schools, research facilities, forestry, fishing, agriculture or mining (processing of mined materials is included in NPRI); generally do not include small facilities with fewer than 10 employees; do not include information on risks of pollutants released or transferred; do not include information on exposures to people or the environment; and, do not include information on the amount of pollutants allowed to be released and transferred under permits, regulations or agreements

18 Right to Know Uses for NPRI data Promote community right to know in Canada Support policy reform activities towards reduction and elimination of toxic chemicals; case work Identify and scope policy issues

19 However, CELA uses NPRI to Promote community right to know Advocate for development or expansion of right to know programs at the federal, provincial and local levels Work collaboratively with local groups that promote disclosure and transparency of pollution data EXAMPLES: Making the Links Project in Ontario - working with six communities to increase capacity of, and knowledge-exchange between, residents, legal service providers, health service providers, and others interested in environmental health issues Great Lakes-St. Lawrence River basin community Local groups British Columbia and New Brunswick Establish dialogue with local facilities and among community leaders Develop outreach tools EXAMPLE: PollutionWatch web site allows people access pollution release and transfer data in Canada at all levels

20 Support policy reform activities All levels of government - Promote pollution reduction and elimination strategies for toxic chemicals Federal level - Provides one source of information for screening level risk assessments conducted under Canada s Chemicals Management Plan Provincial level - Promote creation of Toxic Reduction Act in Province of Ontario calling for pollution prevention plans on specific pollutants Municipal level - Support the development of City of Toronto Public Environmental Disclosure and Reporting Program Regional/International -Seek improvements for the restoration and protection of Great Lakes-St. Lawrence River Basin; global efforts to eliminate persistent organic pollutants Support on-going case work

21 Identify and scope policy issues Design projects to highlight potential research areas or policy needs Investigating relationship between pollution and income in Canada Fill in knowledge gaps Great Lakes reports

22 What is PollutionWatch? Interactive web-based tool for accessing information on pollution in Canada Created by Canadian Environmental Law Association and Environmental Defence Uses data from the Canadian federal National Pollutant Release Inventory (NPRI) and Greenhouse Gas Emissions Reporting Program

23 ADD Front cover of PollutionWatch

24 PollutionWatch Features Enhanced community right to know: Health effects lists Ranking (by company, facility, sector, pollutant, province, Great Lakes, health effects, etc.) Time trends Action tools facilities or fax Minister Mapping based on postal codes Pollution overviews Special reports produced National reports Great Lakes reports (2005, 2006, 2008, 2009, 2010)

25 Special reports Great Lakes-St. Lawrence River basin Great Lakes report, June 2005 Use 2002 NPRI data (watershed based) Great Lakes Report, December 2009 Use 2007 NPRI data (source protection areas and soure protection regions)

26 Special reports Matched pollution data Partners in Pollution (2006) Use 2002 matched NPRI and TRI data Partners in Pollution 2 (March 2010) Use 2007 matched NPRI and TRI data

27 Special report Pollution and Income data Socio economic report November 2008 Use 2005 NPRI data and 2001 Statistics Canada income data

28 Socio-Economic Study Purpose Mapped Great Lakes basin for: Releases of air pollutants Levels of poverty Relationship between pollution and poverty

29 Special Reports - Benefits Address information gaps and supports policy reform agenda Use GIS mapping to provide visual display of facility locations (e.g., socioeconomic, Great Lakes reports) Compare Canadian and US pollution levels (Great Lakes reports) Inform and support NGO community collaboration on issues of interest (Great Lakes, drinking water source protection, promote reduction and elimination of toxic chemicals) Communication tool for decision makers on specific issues of public interest (e.g., pollution levels in the Great Lakes) Support legal aid mandate Example, socio economic report Outreach to other organizations and agencies that focus on poverty reduction Contribute to the CELA s Making the Links Project in Ontario

30 Contact Fe de Leon Canadian Environmental Law Association 130 Spadina Ave., Ste. 301 Toronto, ON M5V 2L4 Tel.: ext. 223 Fax:

31 Searches on PollutionWatch - Sarnia Mapping Feature Location - Comfort Inn 815 Mara St., Sarnia, ON, CA, N7V 0A2 Distance 3 km

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35 Search - timetrends

36 Timetrend - graphic

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38 Search Rank Provinces for Air Releases of Carcinogens

39 Take Action Access through: facility profile; Left menu Take Action