Canada Gazette – GOVERNMENT NOTICES

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Canada Gazette – GOVERNMENT NOTICES

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Canada Gazette, Part I, Volume 150, Number 50: GOVERNMENT NOTICES

December 10, 2016

DEPARTMENT OF THE ENVIRONMENT CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice with respect to reporting of greenhouse gases (GHGs) for 2016

Notice is hereby given, pursuant to subsection 46(1) of the Canadian Environmental Protection Act, 1999 (the Act), that, with respect to emissions of GHGs identified in Schedule 1 to this notice and for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment, any person who operates a facility described in Schedule 3 to this notice during the 2016 calendar year, and who possesses or who may reasonably be expected to have access to information described in Schedule 4 to this notice, shall provide the Minister of Environment and Climate Change with this information no later than June 1, 2017.

Information on GHG emissions requested under this notice shall be submitted to

Minister of Environment and Climate Change Pollutant Inventories and Reporting Division Environment and Climate Change Canada Place Vincent Massey, 7th Floor 351 Saint-Joseph Boulevard Gatineau, Quebec K1A 0H3

Enquiries concerning this notice shall be addressed to

Pollutant Inventories and Reporting Division Environment and Climate Change Canada Place Vincent Massey, 7th Floor 351 Saint-Joseph Boulevard Gatineau, Quebec K1A 0H3 Telephone: 819-938-3258 or 1-877-877-8375 Email: [email protected]

This notice applies to the calendar year 2016. Pursuant to subsection 46(8) of the Act, persons subject to this notice shall keep copies of the required information, together with any calculations, measurements and other data on which the information is based, at the facility to which the calculations, measurements and other data relate, or at the facility's parent company, located in Canada, for a period of three years from the date the information is required to be submitted. Where the person chooses to keep the information required under the notice, together with any calculations, measurements and other data, at the facility's parent company in Canada, that person shall inform the Minister of the civic address of that parent company.

If a person who operates a facility with respect to which information was submitted in response to the Notice with respect to reporting of greenhouse gases (GHGs) for 2015 determines that the facility is not required to provide the information set out in Schedule 4 of this notice, the person shall notify the Minister of the Environment that the facility does not meet the criteria set out in Schedule 3 of this notice no later than June 1, 2017.

The Minister of the Environment intends to publish greenhouse gas emission totals by gas by facility. Pursuant to section 51 of the Act, any person subject to this notice who provides information in response to this notice may submit, with their information and no later than their deadline for submission, a written request that it be treated as confidential based on the reasons set out in section 52 of the Act. The person requesting confidential treatment of the information shall indicate which of the reasons in section 52 of the Act applies to their request. Nevertheless, the Minister may disclose, in accordance with section 53 of the Act, information submitted in response to this notice. Every person to whom a notice is directed shall comply with the notice. A person who fails to comply with the Act is subject to the offence provision.

Jacqueline Gonçalves Director General Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

SCHEDULE 1 Greenhouse gases Table 1: Greenhouse gases subject to mandatory reporting   Greenhouse gas Formula CAS Registry Number (see note 1) 100-year global warming potential (GWP) 1. Carbon dioxide CO2 124-38-9 1 2. Methane CH4 74-82-8 25 3. Nitrous oxide N2O 10024-97-2 298 4. Sulphur hexafluoride SF6 2551-62-4 22 800 Hydrofluorocarbons (HFCs) 5. HFC-23 CHF3 75-46-7 14 800 6. HFC-32 CH2F2 75-10-5 675 7. HFC-41 CH3F 593-53-3 92 8. HFC-43-10mee C5H2F10 138495-42-8 1 640 9. HFC-125 C2HF5 354-33-6 3 500 10. HFC-134 C2H2F4 (Structure: CHF2CHF2) 359-35-3 1 100 11. HFC-134a C2H2F4 (Structure: CH2FCF3) 811-97-2 1 430 12. HFC-143 C2H3F3 (Structure: CHF2CH2F) 430-66-0 353 13. HFC-143a C2H3F3 (Structure: CF3CH3) 420-46-2 4 470 14. HFC-152a C2H4F2 (Structure: CH3CHF2) 75-37-6 124 15. HFC-227ea C3HF7 431-89-0 3 220 16. HFC-236fa C3H2F6 690-39-1 9 810 17. HFC-245ca C3H3F5 679-86-7 693 Perfluorocarbons (PFCs) 18. Perfluoromethane CF4 75-73-0 7 390 19. Perfluoroethane C2F6 76-16-4 12 200 20. Perfluoropropane C3F8 76-19-7 8 830 21. Perfluorobutane C4F10 355-25-9 8 860 22. Perfluorocyclobutane c-C4F8 115-25-3 10 300 23. Perfluoropentane C5F12 678-26-2 9 160 24. Perfluorohexane C6F14 355-42-0 9 300 Note 1 The Chemical Abstracts Service (CAS) Registry Number is the property of the American Chemical Society, and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society. SCHEDULE 2 Definitions

1. The following definitions apply to this notice and its schedules:

“biomass” means plants or plant materials, animal waste or any product made of either of these, including wood and wood products, charcoal, and agricultural residues and wastes (including organic matter such as trees, crops, grasses, tree litter, or roots); that portion of biologically derived organic matter in municipal and industrial wastes; landfill gas; bio-alcohols; black liquor; sludge digestion gas; and animal- or plant-derived oils. (biomasse)

“carbon dioxide equivalent (CO2 eq.)” means a unit of measure used to allow the addition of or the comparison between gases that have different global warming potentials (GWPs). (see footnote 1) [équivalent en dioxyde de carbone (équivalent CO2)]

“CAS Registry Number” means the Chemical Abstracts Service Registry Number. (see footnote 2) (numéro d'enregistrement CAS)

“CO2 emissions from biomass decomposition” means releases of CO2 resulting from aerobic decomposition of biomass and from the fermentation of biomass. (émissions de CO2 provenant de la décomposition de la biomasse)

“contiguous facility” means all buildings, equipment, structures and stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person and that function as a single integrated site and includes wastewater collection systems that discharge treated or untreated wastewater into surface waters. (installation contiguë)

“emissions” means direct releases from sources that are located at the facility. (émissions)

“facility” means a contiguous facility, a pipeline transportation system, or an offshore installation. (installation)

“flaring emissions” means controlled releases of gases from industrial activities, from the combustion of a gas and/or liquid stream produced at the facility not for the purpose of producing energy, including releases from waste petroleum incineration, hazardous emission prevention systems (whether in pilot or active mode), well testing, natural gas gathering system, natural gas processing plant operations, crude oil production, pipeline operations, petroleum refining, chemical fertilizer and steel production. (émissions de torchage)

“fugitive emissions” means uncontrolled releases of gases from industrial activities, other than releases that are venting or flaring emissions, including releases resulting from the production, processing, transmission, storage and use of solid, liquid or gaseous fuels. (émissions fugitives)

“GHGs” means greenhouse gases. (GES)

“GWP” means global warming potential. (PRP)

“HFCs” means hydrofluorocarbons. (HFC)

“industrial process emissions” means releases from an industrial process that involves chemical or physical reactions other than combustion, and the purpose of which is not to supply energy. (émissions liées aux procédés industriels)

“offshore installation” means an offshore drilling unit, production platform or ship, or sub-sea installation and that is attached or anchored to the continental shelf of Canada in connection with the exploitation of oil or natural gas. (installation extracôtière)

“on-site transportation emissions” means releases from machinery used for the on-site transportation of substances, materials or products used in the production process. (émissions liées au transport sur le site)

“PFCs” means perfluorocarbons. (PFC)

“pipeline transportation system” means all pipelines that are owned or operated by the same person within a province or territory and that transport processed natural gas and their associated installations including storage installations but excluding straddle plants or other processing installations. (gazoducs)

“reporting company” means a person who operates one or more facilities that meet the reporting threshold as set out in Schedule 3 of this notice. (société déclarante)

“stationary fuel combustion emissions” means releases from non-vehicular combustion sources, in which fuel is burned for the purpose of producing energy. (émissions de combustion stationnaire de combustible)

“venting emissions” means controlled releases to the atmosphere of a waste gas, including releases of casing gas, a gas associated with a liquid (or solution gas), treater, stabilizer or dehydrator off-gas, blanket gas, and releases from pneumatic devices which use natural gas as a driver, and from compressor start-ups, pipelines and other blowdowns, and metering and regulation station control loops. (émissions d'évacuation)

“waste emissions” means releases that result from waste disposal sources at a facility that include landfilling of solid waste, flaring of landfill gas and waste incineration. (émissions des déchets)

“wastewater emissions” means releases that result from wastewater and wastewater treatment at a facility. (émissions des eaux usées)

SCHEDULE 3 Criteria for reporting

Persons subject to this notice

1. (a) All persons who operate a facility that emits 50 000 tonnes of carbon dioxide equivalent (50 kt CO2 eq.) or more (the “reporting threshold”) of the GHGs listed in Table 1 of Schedule 1 in the 2016 calendar year shall be subject to the reporting requirements set out in this notice. (b) If the person who operates a facility as described in this Schedule changes during the 2016 calendar year, the person who operates the facility, as of December 31, 2016, shall report for the entire 2016 calendar year by June 1, 2017. (c) If operations at a facility are terminated during the 2016 calendar year, the last operator of that facility is required to report for the portion of the 2016 calendar year during which the facility was in operation by June 1, 2017. 2. (a) A person subject to this notice shall determine whether a facility meets or exceeds the reporting threshold described in section 1, using the following equation and the criteria set out in paragraphs (b) to (d) of this section: where E = total emissions of a particular gas or gas species from the facility in the calendar year 2016, expressed in tonnes GWP = global warming potential of the same gas or gas species i = each emission source (b) A person subject to this notice shall quantify emissions of each HFC and PFC substance on Schedule 1 separately and then multiply the result for each of these substances by the global warming potential set out in Table 1 of Schedule 1 for that substance. (c) For the purposes of subsection (a), a person subject to this notice shall not include CO2 emissions from combustion of biomass in the determination of total emissions. The person shall quantify and report CO2 emissions from combustion of biomass as part of the greenhouse gas emissions information that is required in paragraph 2(e) of Schedule 4 of this notice. (d) For the purpose of paragraph (a), a person subject to this notice shall not include CO2 emissions from biomass decomposition in the determination of total emissions. 3. A person submitting a report in respect of a facility that meets the reporting threshold described in paragraph 1(a) shall use the applicable quantification methods for estimating emissions set out in the United Nations Framework Convention on Climate Change (UNFCCC) Guidelines for the Preparation of National Communications by Parties included in Annex I to the Convention, Part I: UNFCCC reporting guidelines on annual greenhouse gas inventories contained in FCCC/CP/2013/10/Add.3. Adopted by the Conference of the Parties, November 2013, Decision 24/CP.19. SCHEDULE 4 Reportable information

1. A person subject to this notice shall report the following information for each facility that meets the reporting threshold, as set out in Schedule 3 of this notice:

(a) the reporting company's legal and trade name (if any), and federal business number (as assigned by the Canada Revenue Agency) and their Dun and Bradstreet (D-U-N-S) number (if any); (b) the facility name (if any) and the address of its physical location; (c) the latitude and longitude coordinates of the facility, other than a pipeline transportation system; (d) the six-digit North American Industry Classification System (NAICS) Canada code; (e) the National Pollutant Release Inventory identification number (if any); (f) the name, position, mailing and civic address, email address and telephone number of the person submitting the information that is required under this notice; (g) the name, position, mailing address, email address and telephone number of the public contact (if any); (h) the name, position, mailing and civic address, email address and telephone number of the authorized signing officer signing the Statement of Certification pursuant to section 4; and (i) the legal names of the Canadian parent companies (if any), their civic addresses, their percentage of ownership of the reporting company (where available), their federal business number (as assigned by the Canada Revenue Agency) and their Dun and Bradstreet (D-U-N-S) number (if any).

2. For each of the GHGs listed in Table 1 of Schedule 1, a person subject to this notice shall report the following information for each facility that meets the reporting threshold set out in Schedule 3 of this notice:

(a) the total quantity in tonnes of emissions of CO2, in each of the following source categories: stationary fuel combustion emissions, industrial process emissions, venting emissions, flaring emissions, fugitive emissions, on-site transportation emissions, waste emissions, and wastewater emissions; (b) the total quantity in tonnes of emissions of CH4 and N2O, in each of the following source categories: stationary fuel combustion emissions, industrial process emissions, venting emissions, flaring emissions, fugitive emissions, on-site transportation emissions, waste emissions, and wastewater emissions. CH4 and N2O emissions from biomass combustion shall be reported under stationary fuel combustion emissions if the biomass is being burned to produce energy, or under waste emissions in the case of waste incineration and landfill gas flaring processes. Note: Table 2, below, provides a table for reporting of these gases. Table 2: Table for reporting selected GHGs by source category   Source Categories Gas Stationary Fuel Combustion Industrial Process Venting Flaring Fugitive On-site Transportation Waste Wastewater Carbon dioxide (excluding that from biomass combustion, which is to be reported further to paragraph (e))                 Methane                 Nitrous oxide                 Total                 (c) in instances where industrial process emissions are produced in combination with emissions from fuel combusted for energy purposes, emissions shall be reported according to the purpose of the activity as follows: (i) if the purpose of the activity is energy production, the emissions shall be reported as stationary fuel combustion emissions, (ii) if the purpose of the activity is an industrial process rather than energy production, the emissions shall be reported as industrial process emissions; (see footnote 3) (d) the total quantity in tonnes of emissions of sulphur hexafluoride (SF6) and each hydrofluorocarbon (HFC) and perfluorocarbon (PFC) listed on Schedule 1, from industrial processes and industrial product use; (e) the total quantity in tonnes of CO2 emissions from biomass combustion; and (f) the method of estimation used to determine the quantities reported pursuant to paragraphs (a), (b), (d) and (e) chosen from monitoring or direct measurement, mass balance, emission factors, or engineering estimates. 3. The reported information is to include a Statement of Certification, signed by an authorized signing officer, indicating that the information submitted is true, accurate and complete. 4. If the reported information is subject to a request for confidentiality pursuant to section 51 of the Act, the person subject to this notice shall identify which information is subject to the request and the reasons for the request in accordance with section 52 of the Act. EXPLANATORY NOTE

(This note is not part of the notice.)

In March 2004, the Government of Canada initiated a phased approach to the collection of greenhouse gas emissions and related information. This mandatory greenhouse gas reporting program was launched through the publication of the first Canada Gazette notice in March 2004, which set out basic reporting requirements. This notice is the thirteenth in a series of notices requiring the reporting of greenhouse gas emissions. This program is part of Canada's effort to develop, through a collaborative process with provinces and territories, a harmonized and efficient reporting system that will meet the information needs of all levels of government, provide Canadians with reliable and timely information on GHG emissions and support regulatory initiatives.

Minor changes have been made since the Notice with respect to reporting of greenhouse gases (GHGs) for 2015, consisting of minor clarifications of the definitions of “CO2 emissions from biomass decomposition” and “emissions.”

Reporting requirements on greenhouse gas emissions outlined in this notice are collected via Environment and Climate Change Canada's Single Window (ECCC SW) system that was launched in March 2010. The ECCC SW system currently collects data for Environment and Climate Change Canada's Greenhouse Gas Emissions Reporting Program and for British Columbia, Alberta, Ontario and New Brunswick, to support provincial GHG reporting regulations; the National Pollutant Release Inventory and its partners; and various other partner programs. The ECCC SW system is currently being considered for GHG reporting by other provinces. The use of a single system for reporting on GHG emissions helps to reduce the reporting burden on industry, and the overall cost to Government. The system requires industry to submit information that is common to multiple jurisdictions once, but also accommodates reporting requirements and thresholds that are jurisdiction-specific.

Compliance with the Act is mandatory and specific offences are established by subsections 272(1), 272.1(1) 272.2(1) 272.4(1) and 272.5(1) of the Act. Amendments to the fine scheme of the Act came into force on June 22, 2012. Subsections 272(2), (3) and (4) and 272.1(2), (3) and (4) of the Act set the penalties for persons who commit an offence under the Act. Offences include the offence of failing to comply with an obligation arising from the Act and the offence of providing false or misleading information. Penalties for the most serious offences include minimum fines and/or imprisonment. The amount of the fine can range from a minimum of $5,000 for an individual convicted following summary proceedings and/or to imprisonment for a term of up to six months, to a maximum of $6,000,000 for a large corporation convicted on indictment. The fine range doubles for second or subsequent offences and individuals may also be liable to a term of imprisonment of up to three years. Offences other than those in the category of “serious offences” are punishable by fines set at a maximum that ranges from $25,000 for an individual convicted following summary proceedings to $500,000 for a large corporation convicted on indictment. The maximum fines double for second or subsequent offences.

The current text of the Act, including the most recent amendments, is available on the Department of Justice Canada website: http://laws-lois.justice.gc.ca/eng/acts/C-15.31/.

The Act is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 available at www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=5082BFBE-1. Suspected violations under the Act can be reported to the Enforcement Branch by email at [email protected]

An electronic copy of this notice is available at the following Internet addresses: http://ec.gc.ca/lcpe-cepa/eng/notices/default.cfm or www.ec.gc.ca/ges-ghg.

[50-1-o]

DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice of intent to inform stakeholders of upcoming consultations on proposed changes to the Greenhouse Gas Reporting Program Purpose of this notice

Environment and Climate Change Canada (ECCC) is proposing to conduct consultation activities in 2017 in relation to proposed changes to its facility Greenhouse Gas Emissions Reporting Program (GHGRP). Specifically, the Department is proposing to amend the reporting requirements under this program to gather additional information on facility GHG emissions.

These changes are part of the Department's efforts to better inform Canada's national greenhouse gas (GHG) inventory by directly incorporating facility-level emissions data to improve precision and consistency in national and provincial-level inventory estimates and to more accurately identify causes of changes in facility emissions. ECCC will work collaboratively with provinces and territories to further develop a harmonized and efficient reporting approach.

Stakeholders will be invited to provide comments on the expanded reporting requirements under the GHGRP. Information obtained during consultations will be used to tailor the expansion approach as well as inform the development of reporting requirements and future decisions on which sectors or activities should be included in the various phases of the expansion.

Background

In 2004, the Government of Canada initiated a mandatory GHG reporting program (GHGRP), which requires facilities to report their GHG emissions annually, through the publication of annual notices under section 46 of the Canadian Environmental Protection Act, 1999 (CEPA). The program currently targets operators of facilities emitting 50 kilotonnes (kt) or more in carbon dioxide equivalent (CO2eq.) units (mostly large industrial operations) and sets out basic reporting requirements. The GHGRP annually publishes the collected data in aggregated format, in keeping with the provisions set out in sections 49 to 53 of CEPA.

Lowering the reporting threshold

Starting with data to be reported in 2018 for the 2017 calendar year, ECCC is proposing to lower the reporting threshold for all facilities from 50 kt CO2 eq. to 10 kt CO2 eq. This change will lead to an enhanced understanding of industrial emission levels in Canada and provide improved coverage of certain industry sectors to support integration into the national GHG inventory through a bottom-up approach. It is also intended to better align the GHGRP with provincial GHG reporting programs in British Columbia, Ontario and Quebec.

Requirement for additional detailed data for selected sectors and activities

ECCC is also proposing to require facilities to report additional information, aligning requirements with provincial reporting regimes where possible. Currently, information is missing that would allow ECCC to separate the facility emissions by specific sources or activities, allocate the data to internationally agreed reporting categories, and describe emission quantifications as required by international reporting guidelines. The additional information will enable the integration of facility data directly into the national GHG inventory, and enhance consistency among provincial and federal GHG inventories.

This proposed expansion would occur in phases, each phase covering several industrial sectors at a time. For the first phase, ECCC is aiming to introduce the additional reporting requirements for a number of specified industries and activities in a notice to be published in Part I of the Canada Gazette in 2017 (i.e. starting with 2017 calendar year data to be reported in 2018). Notwithstanding the change in threshold, the current reporting requirements specified in the annual notice for all other types of facilities subject to these reporting requirements would be maintained.

Phase I:

— Cement production — Lime production — Iron and steel production — Aluminum production — Petroleum refining — Carbon capture and geological storage — Electricity generation

Phases II and III:

— To be determined

To reduce the reporting burden, ECCC would seek, to the extent possible, to align the additional reporting requirements with those of the three provinces collecting facility data consistent with the requirements under the Western Climate Initiative, namely, British Columbia, Ontario and Quebec.

Reporting mechanism

Reporting requirements on GHG emissions would continue to be collected via ECCC's Single Window system. The ECCC Single Window system currently collects data for the GHGRP and for British Columbia, Alberta, Ontario and New Brunswick, to support provincial GHG reporting regulations; the National Pollutant Release Inventory and its partners; and various other partner programs. The use of a single system for reporting GHG emissions helps to reduce the reporting burden on industry, as well as the overall cost to governments.

Next steps

Consultation on the proposed changes is planned to begin in winter 2017. Further details will be released prior to the consultation period to provide information on the intended approach and the associated timelines.

As a first step in the engagement process, interested parties should submit their contact information to ECCC before January 9, 2017, so they may be included on the distribution list to receive updates on the proposed amendments to the program.

Contact information

Pollutant Inventories and Reporting Division Environment and Climate Change Canada Place Vincent Massey, 7th Floor 351 Saint-Joseph Boulevard Gatineau, Quebec K1A 0H3 Email: [email protected]

Jacqueline Gonçalves Director General Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

[50-1-o]

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Publication after screening assessment of four substances (three alkyl sulfates and α-olefin sulfonate) specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas the four substances identified in the annex below are substances on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on these substances pursuant to section 74 of the Act is annexed hereby;

Whereas it is proposed to conclude that the substances do not meet any of the criteria set out in section 64 of the Act;

And whereas options are being considered for follow-up activities to track changes in environmental exposure to the substances,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on the substances at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after the publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada's Chemical Substances website (www. chemicalsubstances.gc.ca). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to [email protected].

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

Jacqueline Gonçalves Director General Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

David Morin Director General Safe Environments Directorate

On behalf of the Minister of Health

ANNEX Summary of the draft screening assessment of the Alkyl Sulfates and α-Olefin Sulfonate Group

Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a draft screening assessment of four substances referred to collectively as the Alkyl Sulfates and α-Olefin Sulfonate Group. The substances in this group were identified as priorities for assessment as they met categorization criteria under subsection 73(1) of CEPA. The Chemical Abstracts Service Registry Numbers (CAS RN (see footnote 4)), their Domestic Substances List names and their common names are listed in the table below.

Substances in the Alkyl Sulfates and α-Olefin Sulfonate Group CAS RN Domestic Substances List name Common name 139-96-8 Sulfuric acid, monododecyl ester, compound with 2,2',2"-nitrilotris[ethanol] (1:1) Triethanolamine (TEA) lauryl sulfate 151-21-3 Sulfuric acid monododecyl ester sodium salt Sodium lauryl sulfate 2235-54-3 Sulfuric acid, monododecyl ester, ammonium salt Ammonium lauryl sulfate 68439-57-6 (see note a)) Sulfonic acids, C14-16-alkane hydroxy and C14-16-alkene, sodium salts Sodium C14-16 olefin sulfonate Note a The substance bearing this CAS RN is a UVCB (unknown or variable composition, complex reaction products, or biological materials).

All four substances in this group are anionic surfactants and do not occur naturally in the environment. They are primarily found in cleaning products (e.g. laundry, dishwashing, household products) and in other products used by consumers (e.g. shampoos, toothpastes, soaps, cosmetics, bubble bath products). Sodium lauryl sulfate can also be found in food packaging and is an approved food additive with a number of minor uses in limited foods. In 2011, all substances, with the exception of TEA lauryl sulfate, were manufactured in Canada in quantities ranging from 100 to 1 000 000 kg. In the same year, all four substances were imported into Canada in quantities ranging from 10 000 to 2 240 000 kg.

The ecological risks of the substances in the Alkyl Sulfates and α-Olefin Sulfonate Group were characterized using the ecological risk classification of organic substances (ERC). The ERC is a risk-based approach that employs multiple metrics for both hazard and exposure based on weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are established based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances based on their hazard and exposure profiles. The ERC identified the four substances in this assessment as having low-to-moderate potential to cause ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to organisms and the broader integrity of the environment from TEA lauryl sulfate, sodium lauryl sulfate, ammonium lauryl sulfate and sodium C14-16 olefin sulfonate. It is proposed to conclude that TEA lauryl sulfate, sodium lauryl sulfate, ammonium lauryl sulfate and sodium C14-16 olefin sulfonate do not meet the criteria under paragraph 64(a) or (b) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

Exposure to the substances from drinking water and from use of cosmetics and cleaning products was estimated for the general population of Canada. Additionally, exposure to sodium lauryl sulfate was estimated based on its presence as a non-medicinal ingredient in nonprescription drugs and natural health products formulated as capsules/tablets and toothpastes.

TEA lauryl sulfate, sodium lauryl sulfate, and ammonium lauryl sulfate were grouped together on the basis of structural similarity and a read-across approach was used to characterize health effects. Sodium C14-16 olefin sulfonate was addressed separately. The liver is the target organ for systemic toxicity for alkyl sulfates with certain chain lengths, following oral administration. Liver effects, however, were not observed for sodium C14-16 olefin sulfonate. Developmental effects were observed for sodium C14-16 olefin sulfonate in some laboratory studies, but not in others.

The margins of exposure comparing critical effect levels and levels to which the general population may be exposed were considered adequate to address uncertainties in the health effects and exposure databases for TEA lauryl sulfate, sodium lauryl sulfate, ammonium lauryl sulfate and sodium C14-16 olefin sulfonate.

Based on the adequacy of the margins between critical effect levels and estimated exposure and on information presented in this draft screening assessment, it is proposed to conclude that TEA lauryl sulfate, sodium lauryl sulfate, ammonium lauryl sulfate and sodium C14-16 olefin sulfonate do not meet the criteria under paragraph 64(c) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Proposed conclusion

It is proposed to conclude that TEA lauryl sulfate, sodium lauryl sulfate, ammonium lauryl sulfate and sodium C14-16 olefin sulfonate do not meet any of the criteria set out in section 64 of CEPA.

Considerations for follow up

While exposure of the environment to these substances is not of concern at current levels, these substances are associated with ecological effects of concern. Therefore, there may be concern for the environment if exposure were to increase. Follow-up activities to track changes in exposure or commercial use patterns are under consideration.

Stakeholders are encouraged to provide, during the 60-day public comment period on the draft screening assessment, any information pertaining to these substances that may help inform the choice of follow-up activity. This could include information on new or planned import, manufacture or use of this substance, or information not previously submitted to the ministers.

The draft screening assessment for these substances is available on the Government of Canada's Chemical Substances website (www.chemicalsubstances.gc.ca).

[50-1-o]

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Publication after screening assessment of 14 substituted diphenylamines (SDPAs) specified on the Domestic Substances List (paragraphs 68(b) and 68(c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas 4 of the 14 substances identified in the annex below are substances on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a final screening assessment for one of these substances, benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene (BNST), was published (subsection 77(6) of the Canadian Environmental Protection Act, 1999) in the Canada Gazette, Part I, on August 1, 2009, and BNST was subsequently added to the List of Toxic Substances in Schedule 1 of the Act on March 2, 2011;

Whereas a summary of the draft screening assessment conducted on these 14 substances pursuant to paragraphs 68(b) and (c) or section 74 of the Act is annexed hereby;

Whereas it is now proposed to conclude that the 14 substances do not meet any of the criteria set out in section 64 of the Act;

Whereas options will be considered for follow-up activities to track changes in environmental exposure to some of the substances;

And whereas it is proposed to conclude that on the basis of information now available, BNST does not meet any of the criteria set out in section 64 and, therefore, no longer meets the virtual elimination provisions of the Act,

Notice is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action at this time on the 14 substances.

Notice is furthermore given that the ministers are publishing a consultation document on the Government of Canada's CEPA Environmental Registry website (https://ec.gc.ca/lcpe-cepa/eng/participation/default.cfm) to initiate discussions with stakeholders on the proposed conclusion and regulatory approach to BNST;

Notice is also hereby given that, should the proposed conclusion for BNST be maintained in the final screening assessment for SDPAs and the Minister of the Environment and the Minister of Health are satisfied that the inclusion of BNST on the List of Toxic Substances is no longer necessary, consideration will be given to recommending to the Governor in Council the deletion of BNST from the List of Toxic Substances in accordance with subsection 90(2) of the Act.

Public comment period

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada's Chemical Substances website (www.chemicalsubstances.gc.ca). Comments on this notice must cite the Canada Gazette, Part I, and the date of publication and be sent by mail to the Executive Director, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to [email protected].

More information on the consultation document may be obtained on the Government of Canada's CEPA Environmental Registry website (https://ec.gc.ca/lcpe-cepa). Comments on the proposed approach noted in the consultation document must be sent by mail to the Acting Executive Director, Chemicals Management Division, Environment Canada, Gatineau, Quebec K1A 0H3, or by email to [email protected].

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

Jacqueline Gonçalves Director General Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

David Morin Director General Safe Environments Directorate

On behalf of the Minister of Health

ANNEX Summary of the draft screening assessment of 14 substituted diphenylamines

Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA) [Canada 1999], the Minister of the Environment and the Minister of Health have conducted a screening assessment of 14 substituted diphenylamines (SDPAs). The SDPAs were identified as priorities for action, as they met the categorization criteria under subsection 73(1) of CEPA or were considered a priority based on other human health concerns or on their potential use as alternatives for each other. One of these 14 SDPAs is benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene, known as BNST, which had previously been assessed during the Challenge initiative of the Chemicals Management Plan, and which is being reassessed based on new information obtained after the original assessment.

The Chemical Abstracts Service Registry Number (see footnote 5) (CAS RN) and Domestic Substance List (DSL) names of the 14 SDPAs are listed below. These include 7 discrete substances and 7 substances that are UVCBs (Unknown or Variable Composition, Complex Reaction Products, or Biological Materials). They are all diphenylamines with various degrees of phenyl or alkyl substitution and similar physical-chemical properties. The 7 substances that are UVCBs can also contain multiple chemical structures, a subset of which was selected as representative chemical structures which in some cases are also the same or analogous to the discrete SDPAs in this assessment.

Identity of substances in the assessment of the SDPAs CAS RN Domestic Substances List Name Chemical Structures used in the Ecological Assessment 101-67-7 Benzenamine, 4-octyl-N-(4-octylphenyl)- Dioctyl DPA 4175-37-5 (see footnote a), (see footnote b) Benzenamine, 4-octyl-N-phenyl- Monooctyl DPA 10081-67-1 Benzenamine, 4-(1-methyl-1-phenylethyl)-N-[4-(1-methyl-1-phenylethyl)phenyl]- Dimethyl distyrenated DPA 15721-78-5 Benzenamine, 4-(1,1,3,3-tetramethylbutyl)-N-[4-(1,1,3,3-tetramethylbutyl)phenyl]- Dioctyl DPA 24925-59-5 Benzenamine, 4-nonyl-N-(4-nonylphenyl)- Dinonyl DPA 26603-23-6 Benzenamine, ar-octyl-N-(octylphenyl)- Dioctyl DPA 27177-41-9 (see footnote c), (see footnote d) Benzenamine, ar-nonyl-N-phenyl- Monononyl DPA 36878-20-3 Benzenamine, ar-nonyl-N-(nonylphenyl)- Monononyl DPA (see footnote e) Dinonyl DPA (see footnote f) 68411-46-1 Benzenamine, N-phenyl-, reaction products with 2,4,4-trimethylpentene Monobutyl monooctyl DPA (see footnote g) Monooctyl DPA (see footnote h) Dioctyl DPA (see footnote i) 68442-68-2 (see footnote j), (see footnote k) Benzenamine, N-phenyl-, styrenated Monostyrenated DPA (see footnote l) Distyrenated DPA (see footnote m) 68608-77-5 Benzenamine, 2-ethyl-N-(2-ethylphenyl)-, (tripropenyl) derivs. Diethyl monononyl DPA (see footnote n) Diethyl dinonyl DPA (see footnote o) 68608-79-7 Benzenamine, N-phenyl-, (tripropenyl) derivs. Monononyl DPA (see footnote p) Dinonyl DPA (see footnote q) 68921-45-9 (see footnote r), (see footnote s), (see footnote t) Benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene (BNST) Monooctyl DPA (see footnote u) Dioctyl DPA (see footnote v) Monostyrenated DPA (see footnote w) Monooctyl monostyrenated DPA (see footnote x) 184378-08-3 Benzenamine, N-phenyl-, reaction products with isobutylene and 2,4,4-trimethylpentene Monooctyl DPA (see footnote y) Monobutyl monooctyl DPA (see footnote z) Dioctyl DPA (see footnote aa) Dibutyl DPA (see footnote bb) Monobutyl DPA (see footnote cc)

SDPAs do not occur naturally in the environment. Based on the results of the mandatory and voluntary surveys for years 2006, 2011, 2012, and the Domestic Substances List Inventory Update for 2008, they are used in high quantities in Canada. In 2011, between 1 000 000 and 10 000 000 kg of SDPAs were imported into Canada, either as individual substances or as part of speciality chemical additive packages. In the same year, over 10 000 000 kg of SDPAs were also manufactured in Canada, the majority (over 90%) of which was exported. CAS RN 68921-45-9 (BNST) was not surveyed in 2011. For BNST, between 100 000 and 1 000 000 kg of this SDPA was imported into Canada in 2006, and between 1 000 000 and 10 000 000 kg was manufactured in 2006. The major uses of SDPAs in Canada are as antioxidants in automotive and industrial lubricants. SDPAs are also used as antioxidants/antidegradants in the manufacturing of plastics or polyurethane foams and rubber products, and are imported in polymers or polyols.

Environmental exposure to SDPAs was examined in multiple scenarios representing industrial activities and overall uses of SDPAs in Canada. The key activities examined were the manufacturing of SDPAs and the blending of lubricants, which are the major anticipated sources of release to the environment. Additional activities were examined, including SDPA uses in the plastics and rubber sectors, automotive and powertrain assembly lines, disposal of lubricants, and biosolids amendment to agricultural land. The scenarios focused on the total representative SDPA structures, to be inclusive of all SDPAs, given that SDPAs are potential replacements for each other, and changes in product formulations could occur with the total SDPA usage remaining relatively constant.

SDPAs are characterized by low water solubilities, low vapour pressures and high to very high octanol-water partition coefficients. Among the SDPA structures, those with the log Kow of less than 9 (i.e. monooctyl DPA, dimethyl distyrenated DPA, mononyl DPA, monostyrenated DPA, distyrenated DPA, dibutyl DPA, monobutyl DPA, monobutyl monooctyl DPA and monooctyl monostyrenated DPA) are considered to be bioavailable, while those with the log Kow exceeding 9 (i.e. dioctyl DPA, dinonyl DPA, diethyl monononyl DPA and diethyl dinonyl DPA) are not easily absorbed from the exposure medium or diet and thus are considered to have very low bioavailability and have limited bioaccumulation potential. Due to their lack of bioavailability, dioctyl DPA, dinonyl DPA, diethyl monononyl DPA, and diethyl-dinonyl DPA are considered to be of lower ecological hazard potential.

Due to their hydrophobic nature, SDPAs in the environment are primarily associated with sediments, suspended particulate matter and soil. They are considered to be persistent in the environment but are not expected to undergo long-range transport in water or air. Therefore, long-term exposures are expected to be near discharge areas and closer to emission sources.

Analyses revealed that the potential for adverse effects from SDPAs in the environment, including benthic species, aquatic species (fish), piscivorous mammals, and soil-dwelling organisms, is low. The determination of SDPA toxicity in aquatic species is affected by their low water solubilities, where effects are observed at exposure concentrations that surpass substance solubility limits. Low toxicity to soil- and sediment-dwelling organisms was also observed in SDPA exposure studies using the earthworm and freshwater midge as test species, respectively. Toxicity to the representative piscivorous species was evaluated using a read-across approach with rodent data, resulting in a toxicity reference value indicating potential for adverse effects (



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