Perfluorooctane Sulfonate (PFOS) - Response to Public Comments

The Consultation Document entitled Perfluorooctane Sulfonate, its Salts and Certain Other Compounds Regulations – Examination of On-Going Exemptions was published on January 4, 2013 for a 60-day public comment period. Eight organizations provided comments: Boeing Canada Operations Ltd., Canadian Airports Council, Canadian Environment Law Association, Canadian Vehicle Manufacturers' Association, Citizens Environment Alliance of Southwestern Ontario, Department of National Defence, Ecojustice and the New Brunswick Lung Association.

A summary of the comments is organized below by topic:

General

Comment:
The federal government should prohibit all uses of PFOS as soon as possible.
Response:
The proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 would prohibit certain activities that are currently allowed under the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations. This proposal is based on new information provided by stakeholders which suggests that some of the exemptions in the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations are no longer required. The provisions outlined in the proposed Regulations areconsistent with actions in other jurisdictions as well as the provisions of the Stockholm Convention on Persistent Organic Pollutants.

Comment:
The federal government should justify the continued use of PFOS in light of the high costs of dealing with contaminated sites.
Response:
The proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 would prohibit certain activities that are currently allowed under the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations. This proposal is based on new information provided by stakeholders which suggests that some of the exemptions in the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations are no longer required. The provisions outlined in the proposed Regulations areconsistent with actions in other jurisdictions as well as the provisions of the Stockholm Convention on Persistent Organic Pollutants.

Alternatives

Comment:
Resources should be directed to identify and promote the use of alternatives to PFOS and its salts.
Response:
Along with representatives from other countries Environment Canada is participating in a working group under the Stockholm Convention that is preparing a document entitled Guidance on alternatives to perfluorooctane sulfonic acid and its salts, perfluorooctane sulfonyl fluoride and their related chemicals. Once complete this document is expected to provide information on potential alternatives to PFOS in various applications.

Aqueous Film Forming Foam (AFFF)

Comment:
The federal government should not extend the exemptions for use of AFFF containing PFOS that expired on May 29, 2013.
Response:
The exemption for AFFF containing PFOS in paragraph 7(1)(b) of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations expired on May 29, 2013. There are no plans to extend this exemption.

Comment:
The exemption in paragraph 7(2)(a) of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds regarding use of AFFF containing PFOS in military vessels is no longer needed.
Response:
The proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 do not include an exemption similar to the one in paragraph 7(2)(a) of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds.

Comment:
The exemption in paragraph 7(2)(b) of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds regarding use and import of AFFF containing PFOS in military vessels or military fire-fighting vehicles is still required.
Response:
Military vessels and fire-fighting vehicles can become contaminated with AFFF containing PFOS while operating outside Canada, therefore the proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 include an exemption equivalent to the one in paragraph 7(2)(b) of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds.

Comment:
The allowable concentration limit for PFOS in AFFF should be lowered to a level as low as reasonably practicable. However, following decontamination of fire-fighting systems, the presence of residual PFOS in fire-fighting equipment may cause AFFF to become contaminated at levels greater than 0.5 ppm.
Response:
The proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 include an exemption for the use of PFOS in AFFF at a concentration equal to or less than ten parts per million (10 ppm). This concentration limit is included to accommodate residual levels of PFOS that are expected to remain in fire-fighting equipment following decontamination procedures. The proposed provision is intended to accommodate Canadian stakeholders and this concentration is consistent with other jurisdictions, such as the European Union.

Aviation Hydraulic Fluids

Comment:
PFOS, as defined in the Perfluorooctane Sulfonate and its Salts and Certain Other Compound Regulations is not used intentionally in aviation hydraulic fluids.
Response:
The proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 would prohibit the manufacture, use, sale, offer for sale and import of aviation hydraulic fluid containing PFOS, unless incidentally present.

Enforcement

Comment:
What measures are being taken to monitor and remedy PFOS that may be entering Canada via seagoing vessels?
Response:
Environment Canada will secure fair and consistent compliance through the coordination and implementation of compliance promotion activities. Accordingly, Environment Canada promotes regulatory information, undertakes public education and information transfer measures related to their regulations.

In addition, enforcement officers can verify compliance with regulations in accordance with the CEPA, 1999 Compliance and Enforcement Policy.

Comment:
We encourage the monitoring of commercial products containing PFOS that are imported from other countries.
Response:
Environment Canada will secure fair and consistent compliance through the coordination and implementation of compliance promotion activities. Accordingly, Environment Canada promotes regulatory information, undertakes public education and information transfer measures related to their regulations.

In addition, enforcement officers can verify compliance with regulations in accordance with the CEPA, 1999 Compliance and Enforcement Policy.

Existing Products

Comment:
The federal government should maintain the exemption for the use, sale and offer for sale of articles containing PFOS that were manufactured or imported before May 29, 2008.
Response:
Similar to the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations, the proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 include an exemption for the use, sale and offer for sale of a product containing PFOS that was manufactured or imported before May 29, 2008 if the product is a manufactured item that was formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design. This provision is intended to allow on-going use of products that were manufactured or imported before the coming into force of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations.

Fume Suppressants

Comment:
The federal government should not extend the exemptions for the use of fume suppressants containing PFOS that expired on May 29, 2013.
Response:
The exemption for fume suppressants containing PFOS in subsection 4(3) of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations expired on May 29, 2013. There are no plans to extend this exemption.

Health Risks

Comment:
Health risks must be clearly considered in any discussion about permitting ongoing uses of PFOS in Canada.
Response:
Health Canada completed a State of Science Report for a Screening Health Assessment for PFOS in 2006. Health Canada's assessment concluded that adequate margins of exposure existed between the amount of PFOS in human blood compared to levels at which effects occurred in animals, including consideration of age differences and differences within and between species. Specific consideration of the risk to children's health was an integral part of the assessment.  The Perfluorooctane Sulfonate and Its Salts and Certain Other Compounds Regulations have prohibited the manufacture, use, sale, offer for sale and import of PFOS as well as manufactured products containing PFOS.  The exemptions in these regulations were limited to specific uses, some of which expired in May 2013.  PFOS has also been included in the Canadian Health Measures Survey (CHMS) and has been measured in the plasma of all CHMS participants aged 20 to 79 years in cycle 1 (2007–2009) and 12 to 79 years in cycle 2 (2009–2011).  Based on this data, PFOS concentrations in the Canadian public have declined since 2002. Biomonitoring data from the CHMS and other Canadian biomonitoring studies, including the Maternal-Infant Research for Environmental Chemicals (MIREC) study, which targets pregnant women and newborns, will continue to be examined and can help to evaluate the effectiveness of risk management actions.

Photographic Films, Papers, and Printing Plates

Comment:
There may be applications where an exemption for the manufacture, use, sale, offer for sale and import of photographic films, papers and printing plates containing PFOS is still required.
Response:
The proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 include an exemption for the manufacture, use, sale, offer for sale and import of photographic films, papers, and printing plates containing PFOS. This is consistent with the provisions in the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations, as well as actions in other jurisdictions and the provisions of the Stockholm Convention on Persistent Organic Pollutants.

Waste Management

Comment:
The federal government should invest in managing PFOS waste and stockpiles in an environmentally sound manner.
Response:
As outlined in Chapter 6 of the Update to Canada’s National Implementation Plan Under the Stockholm Convention on Persistent Organic Pollutants, there are measures in place to manage stockpiles of persistent organic pollutants including PFOS.

Comment:
It is important to take into consideration the cost of disposal.
Response:
As outlined in Chapter 6 of the Update to Canada’s National Implementation Plan Under the Stockholm Convention on Persistent Organic Pollutants, there are measures in place to manage stockpiles of persistent organic pollutants including PFOS.

Date modified:

2016-06-28