Canada s Chemicals Management Plan An Overview

Transcription

1 2010/SOM1/CD/WKSP/015 Agenda Item: Afternoon Session II Canada s Chemicals Management Plan An Overview Submitted by: Canada Case Study Workshop on the Chemicals Sector - From Principles to Practice Hiroshima, Japan 1-2 March 2010

2 Canada s Chemicals Management Plan An Overview Case Study Workshop on the Chemicals Sector From Principles to Practice Hiroshima, Japan - March 1-2, 2010 Outline Legislation Governing Chemicals in Canada Canada s Chemicals Management Plan (CMP) Overview Results to Date Lessons Learned and Challenges Advancing CMP Through International Cooperation Additional Resources for more information 2 1

3 The Canadian Environmental Protection Act, 1999 (CEPA 1999) Managing chemicals is a fundamental part of CEPA 1999 CEPA 1999 covers a range of activities that address pollution issues not covered by other federal laws Provides the regulatory framework and process for risk assessment and risk management of chemicals Requires pre-market notification and assessment of new chemicals made in Canada or imported from other countries Requires that all chemicals on the Canadian market before there was a pre-market notification requirement (existing chemicals) be categorized to identify priorities for risk assessment and management Provides power to collect information to support risk assessment and management The minister of the Environment and the minister of Health are responsible to protect Canadians and their environment from risks posed by chemicals 3 Other Government of Canada Legislation In addition to CEPA 1999, health and environment is protected through other federal laws that cover chemical substances, including: Food and Drugs Act regulates all food, drugs, natural health products, cosmetics and medical devices sold in Canada Pest Control Products Act ensures that pesticides meet health and environmental standards and are proven to be effective before being allowed on the Canadian market Hazardous Products Act establishes standards for chemical classification and hazard communication and the authority to regulate or prohibit consumer products and workplace chemicals which pose a risk to their users The Transportation of Dangerous Goods Act promotes public safety in the transportation of dangerous goods; The Canada Labour Code regulates issues related to Occupational Safety and Health 4 2

4 The CEPA Management Cycle 5 Chemicals Management Plan GOAL: By 2020, Government of Canada will address the legacy of unassessed chemical substances in Canada so as to significantly reduce their potential risks to human health and the environment 3

5 Completion of categorization was an opportunity Government of Canada scientists, in co-operation with industry and health and environmental groups, completed categorization of 23,000 substances on Canada s Domestic Substances List (DSL) in September The criteria for a chemical to be categorized in (identified as a priority for further work) were: May present the greatest potential for exposure to individuals in Canada; or Are persistent (P) and/or bioaccumulative (B) and inherently toxic to humans or to non-human organisms As a result, Canada has an information base on which existing substances can be compared and prioritized. The Government is using this information to: Identify priorities for risk assessments Launch new programs to quickly take measures on chemicals of highest concern (e.g. the Challenge to industry) Better protect Canadians and their environment from risks associated with chemicals 7 Results of Categorization Support through: Research, monitoring, surveillance Inventory update International collaboration 2600 medium priorities 500 high priorities 4300 Priorities from Categorization Complete by priorities: Challenge to industry Petroleum sector chemicals Risk management 1200 low priorities : Rapid screening 4

6 In December 2006, Canada launched the Chemical Management Plan (CMP) to Significantly strengthen the existing substances regime Set clear, science-based priorities for assessing and managing chemical substances used in Canada Integrate chemical management activities for all relevant federal legislation Cooperate with international programs related to chemicals management Strengthen industry s stewardship role in proactively managing risks associated with chemicals they produce and use Establish government accountability Enhance monitoring and surveillance activities to identify priorities an measure effectiveness of regulatory actions Increase research activities to ensure that action is informed by best available science Provide an updated inventory of chemical substances used in Canada Provide consistent access to information through the Chemical Substances Website to enhance communication to Canadians about the potential risks of chemical substances 9 Chemicals Management Plan- Key activities in first four years Risk assessment and management under Canadian Environmental Protection Act, 1999 (CEPA 1999) Take immediate action on 5 categories of substances confirmed to be harmful to the environment or human health Industry Challenge Initiative for the 200 highest priority of concern, presumed to be toxic under CEPA 1999 unless new information is provided Rapid screening of lower priorities Assessment of chemicals categorized in and solely used in the petroleum sector Significant New Activity flag placed on 145 high concern substances no longer in commerce Work under other legislations Rapid re-evaluation of older pesticides; more timely decisions on newer pesticides; pesticide incident reporting system under Pest Control Products Act (PCPA) Enhanced management of environmental contaminants in food Strengthened ecological risk assessment and management of substances regulated under the Food & Drugs Act (F&DA) Modernisation of legislation governing consumer products, proposed Canadian Consumer Products Safety Act to modernize the Hazardous Products Act (HPA) Mandatory labelling of ingredients in cosmetics Improvement to monitoring and research programs 10 5

7 Results to Date CMP Challenge: Status of Implementation Milestones 1 (15) 2 + BPA (17) 3 (19) 4 (18) Batch Number (number of substances) 5 (19) 6 (18) 7 (14) 8 (14) 9 (17) 10 (12) 11 (16) 12 (16) Launch of batch: Substance profile of technical data; 4-6 month call for information (s.71 Notice, voluntary questionnaire) Feb May Aug Nov Feb May Aug Jan 31 Mar 14 June 20, Sept 26 Dec 26 Publication of Draft Screening Assessment Reports (SAR) and Risk Management Scopes for a 60-day public comment period Jan May ** Aug Jan 24 Feb 21 May 30 Sept 5 Jan Publication of Final SAR and proposed Risk Management Approaches (60-day public comment period for risk management approach) 9 toxic July toxic Jan 31 * 4 toxic Mar 7 3 toxic Aug 1 2 toxic Aug 22 1 toxic Nov 28 Mar Proposed Risk Management Instrument Published July 2010 Jan 2011 Mar 2011 Aug 2011 Aug 2011 Nov 2011 Mar 2012 Final Risk Management Instrument Published Jan 2012 July 2012 Sept 2012 Feb 2012 Feb 2012 May 2013 Sept 2013 * BPA draft SAR published in advance on April ** BPA final SAR on Oct 18,

8 Present Status of Chemicals Management Plan Under CEPA 1999 Risk Assessment The Challenge: Implementation of the Challenge is proceeding according to schedule: All 12 batches launched (195 high priority chemicals) 134 draft assessment reports and 102 final assessment reports published 29 substances identified for risk management actions Medium Priority Substances Consultations are underway to establish a process to assess and manage approximately 4000 substances by 2020 Draft Rapid screening assessment of low-concern substances completed in June 2007 Approximately 700 chemicals not considered as priorities for further assessment Approximately 300 chemicals identified as requiring further screening assessment and moved to medium priority group Program to update for the Domestic Substances List launched 13 Present Status of Chemicals Management Plan (Continued) Risk Management Introduced prohibitions of 5 categories of substances (PBDEs, PFOS, tetrachlorobenzenes, pentachlorobenzene, 2 Methoxyethanol) Prohibited use of Bisphenol A in baby bottles Developed specific sector approaches for CMP substances, including working with petroleum sector on high priority chemicals Stakeholder Engagement Development of different mechanisms for stakeholder engagement e.g. formation of the CMP Stakeholder Advisory Council Information sessions for stakeholders to inform on the Challenge Monitoring, Surveillance, Research New monitoring & surveillance activities launched (e.g. Canadian Health Measures Survey) More funds allocated to research 14 7

9 Present Status of Chemicals Management Plan (Continued) Under other Canadian laws Proposed improvements to the Hazardous Products Act to strengthen Consumer Product safety Mandatory ingredient labelling of cosmetics Accelerated re-evaluation of older pesticide active ingredients registered before 1995, to determine whether or not they meet today s health and environmental standards Pesticide companies are now required to report all health and environmental incidents associated with their products to Health Canada 15 Lessons Learned Categorization Legislative criteria were meant to capture substances of priority, particularly for virtual elimination, and were not the most ideal for identifying substances which may pose other risks; Data on use and volumes were dated when the categorization was undertaken thus many substances categorized in that would not be with recent information The Challenge Risk assessment and management timelines have positive and negative aspects but need to keep focus on scientific credibility and substances which may pose the greatest risks For most chemicals: lack of toxicological data and difficulties in obtaining reliable information to inform recommendations Many chemicals on CEPA 1999 Domestic Substances List are no longer in commerce Most sectors just now appreciating benefits of approaching risk management on a sector basis, need to promote concept by communicating effectiveness of process Data rich substances were presumed to be easier, but demand more time and effort Substance by substance approach does not allow for comparative risk assessments (review of relative risk of different substances) and guidance on substitution 16 8

10 Lessons Learned (con t) Information Gathering Mandatory survey as designed was not as useful for risk management as anticipated Voluntary Questionnaire did not result on a lot of information submission Other Aspects Explore more leverage of core government science with that of industry and granting councils to enhance monitoring and research and continue to engage others early in setting priorities Need to continue to operationalize international collaboration to deliver real results in Canada, balance between delivering on priorities and sharing our experiences and results with others Engagement with stakeholders critical to successful delivery from setting priorities for assessment through to risk management 17 Challenges Need to improve information collection for risk management purposes Need to continue to manage and monitor effectiveness of control measures for an increasing number of toxic substances Need to increase monitoring and surveillance to address data gaps for instance in human health research. Monitoring: need to be more targeted than ever on priorities Need to improve risk communication and ability to communicate science and hence risk, particularly to non-traditional stakeholders and the public Controls for articles and products containing substances of concern Further cooperation with other jurisdictions needed to prioritize activities, share information and work load, come to common approaches 18 9

11 Challenges (continued) New approaches, are needed to complete the work on medium priorities by 2020 Category assessments (substance by substance approach is too slow) Cumulative/comparative risk assessments Grouping of substances for risk management new approaches to testing Informed substitution 19 Advancing the CMP Through International Cooperation International Regulatory Cooperation is a key component of Canada's CMP: Identify and collaborate on emerging issues Seek opportunities to address substances of mutual concern Increase efficiency by sharing information, expertise, and workload Exchange of knowledge, leading to increased capacity building Enhance, where appropriate, coordination of risk assessment/management programs Build relationships with regulatory/trade partners to strengthen administrative and regulatory support for CMP implementation Support mechanisms that promote reduction in foreign sources of pollution 20 10

12 International Cooperation : Mechanisms Regional Cooperation Statement of Intent on North American Chemicals Cooperation Commission for Environmental Cooperation / Sound Management of Chemicals program Great Lakes Binational Toxics Strategy Arctic Contaminants Action Program Multilateral Cooperation International Conventions, Protocols, programmes and activities e.g. Stockholm Convention, Rotterdam Convention, Basel Convention, United Nations Environment Program, Long Range Transboundary Air Pollution activities Organization for Economic Cooperation and Development (OECD) Joint Meeting of the Chemicals Committee and Working Party on Chemicals, Pesticides and Biotechnology and other relevant OECD work Strategic Approach to International Chemicals Management (SAICM) Bilateral Cooperation Targeted bilateral agreements Canada-US Consultations on Substance Management Canada-European Commission Regulatory Cooperation Roadmap Joint Statement of Intent with Australia (recognition of Canada s Risk Assessment regime) Less formal capacity-building activities (workshops, information-sharing, technical guidance) 21 Supplementary Information 11

13 Useful Resources Information on the Chemicals Management Plan Information on CEPA 1999 and associated instruments Information on substances managed under CEPA Challenge documentation Other Environment Canada websites on risk management instruments (extended producer responsibility) (pollution prevention planning) (codes of practice & guidelines) Risk Management, Policies & Publications: 23 Canada considers a variety of Risk Management Options under the CMP. Voluntary Approaches Federal/provincial/territorial Cooperation Market-Based Instruments (regulatory and non-reg.) Regulatory Measures Performance Agreements Canada Wide Standards Financial Incentives and Subsidies Pollution Prevention Planning Notice Environmental Labelling Codes of Practice Environmental Taxes and Charges Environmental Emergency Regulations. Other Standards, Certification and Auditing Guidelines Feebates Significant New Activities Codes of Practice Tradable Units Systems* Regulations under CEPA 1999 Environmental Release Guidelines Administrative Agreements Environmental Quality Objectives and Guidelines * Combined Market-based and regulatory Deposit-Refund Systems* Regulations under Fisheries Act, Hazardous Products Act, Pest Control Products Act, etc. accompanied by an administrative agreement Equivalency Agreements (pertaining to existing P/T regulations) 24 12

14 An Instrument Choice Framework is used to determine the most appropriate course of action Establish a multidisciplinary team & keep records of discussions & decisions Gather background info (e.g. objective, substance, sector, technical and socio-economic) Keep records of discussions & decisions Evaluate each tool based on the following criteria: Environmental Effectiveness Economic Efficiency Distributional Impact Political and Public Acceptability and Jurisdictional Compatibility Trade and Investment Obligations Identify Most Promising Instrument(s) Prepare report on the results Feed into the Risk Management Approach 25 13