Environment Canada’s Response to Comments Received on the Consultation Document on the Risk Management Measure for BNST

The Final Screening Assessment Report published in August 2009 concluded that Benzenamine, N-phenyl-, Reaction Products with Styrene and 2,4,4-Trimethylpentene (BNST) is entering or may enter the environment in a quantity or concentration or under condition that have or may have an immediate or long-term harmful effect on the environment or its biological diversity as set under paragraph 64 (a) of the Canadian Environmental Protection Act, 1999 (CEPA 1999). The final Screening Assessment Report also concluded that BNST meets the criteria for persistence and bioaccumulation as set out in the Persistence and Bioaccumulation Regulations and as a result BNST is subject to the virtual elimination.

A Risk Management Approach was published in August 2009 that proposed the addition of BNST to the Prohibition of Certain Toxic Substances Regulations, 2005.

As part of the risk management instrument development process, a consultation via conference call was held on November 18, 2010, with stakeholders to discuss the proposed risk management measure for BNST.  In addition to that, a consultation document presented at the conference call was also published on the CEPARegistry website for a comment period that ended on December 18, 2010.  The objective of the conference call and of the consultation period was to:

• Inform stakeholders of the regulatory proposal to add BNST to the Prohibition of Certain Toxic Substances Regulations, 2005;
• Provide stakeholders with an opportunity to comment on the regulatory proposal; and
• Identify questions or concerns related to the regulatory proposal.

The comments received at the conference call and on the consultation document regarding the proposed risk management measure for BNST were considered in developing of the risk management instrument.

A summary of the comments received and Environment Canada’s responses can be found below:

Comment:

Some stakeholders express concerns about how the potential impact of the proposed Regulations would be evaluated. The proposed measure should have a balanced consideration between benefits to society, the environment and the economic impact on business and consumer.

Response:

These aspects have been considered in the cost–benefit analysis that was conducted to analyze the impact of the proposed Regulations. Information collected by Environment Canada and provided by stakeholders was used in the analysis. Based on the analysis we are of the view that the impacts on businesses would be manageable, given the existence of potential BNST substitutes and the provision in the regulations that allow for temporary permitted uses. A Regulatory Impact Analysis Statement will be published together with the proposed Regulations in Canada Gazette, Part I which summarizes the cost-benefit analysis.

Comment:

ENGO representatives indicated that it is not clear based on the consultation document if BNST will be added to the Schedule 1 of the Prohibition of Certain Toxic Regulations that list the prohibited substances for which no exemption is allowed.  They also asked how the temporary permitted uses provision for BNST would be introduced in the proposed Regulations. 

Response:

At the time of the consultation, Environment Canada mentioned that consideration may be given to adding a temporary permitted use for BNST. Following the consultation it was decided that the proposed Regulations would include a new Schedule 2 to the Prohibition of Certain Toxic Regulations to allow for temporary permitted uses.  BNST would not be added to the Schedule 1 but would be added to Schedule 2 of the proposed Regulations.  As well, in Schedule 2 of the proposed Regulations, the time frame for the temporary permitted use would be specified. For BNST, the temporary permitted uses would be allowed for two years.    

Comment:

ENGO representatives expressed concern regarding the concept of adding temporary permitted uses in addition to permits which may be issued as long as conditions under Section 6 of the Prohibition of Certain Toxic Regulations, 2005 are met.

Response:

The addition of temporary permitted uses for BNST would allow specified uses of BNST for two years.  However, any uses not listed in the proposed Regulations for BNST would be prohibited at the coming into force of the Regulations.  The temporary permitted uses would allow 2 years for industry to conduct additional research to determine new formulations and to obtain international product level performance certification of engine oil containing BNST substitutes. At the end of the two years, where necessary, permits may be obtained every year for up to three years if the conditions indicated in the proposed Regulations are met. The full prohibition of BNST would be in place in a maximum of 5 years following the coming into force of the Regulations.

Comment:

An organization representing certain users of lubricants containing BNST asked if Environment Canada ensured that suppliers of the materials targeted by the proposed Regulations had been identified and engaged in the risk management measures development process. They also wondered about the availability of alternative substances.

Response:

Environment Canada conducted a mandatory survey in 2007 under section 71 of CEPA 1999 with which industry stakeholders (manufacturers, importers and their clients) for BNST were identified. In the risk management development process, those industry stakeholders were engaged in discussions and consultation. The additional information received from BNST manufacturers and chemical additive product manufacturers suggested that there are potential substitutes to BNST that have been identified. The information and comments from stakeholders were considered in the development of the proposed Regulations.

Comment:

ENGO representatives would like to know if EC will measure the presence of BNST in the environment and how BNST will assess the effectiveness of the Risk Management tool.

Response:

Monitoring of BNST in the environment will be conducted as part of the Monitoring and Surveillance activities under the Chemicals Management Plan (CMP).  Environment Canada is planning to monitor BNST in municipal wastewaters, sediments, and biota. The monitoring data may be used to:

• Quantify exposure levels and generate science-based information necessary to identify risks and inform risk management
• Understand environmental fate and behavior of chemicals
• Evaluate performance of control actions

The analytical method for BNST has not yet been developed, however Environment Canada intends to consider developing one.

Comment:

Industry would like to see Environment Canada collaborate with them in the development of the analytical method for detecting BNST in various environmental media, and hope for progress in this regard before the implementation of the Regulations.

Response:

Environment Canada intends to engage industry stakeholders in undertaking the development of the analytical method and anticipates that the analytical method will be developed to implement, as appropriate, the monitoring and surveillance activities as part of the Chemical Management Plan.

Comment:

Some stakeholders asked if BNST will be added to the Virtual Elimination (VE) list and if a Level of Quantification (LOQ) will be developed. 

Response:

BNST met the requirements for the implementation of virtual elimination. It will be considered for addition to the VE list. At that time more work will be done to determine if additional action would be required to implement VE.

Comment:

Industry stakeholders would like to know if there are any plans to asses the safety of potential substitutes to BNST.  They are concerned that these substitutes are structurally similar to BNST and could be subject in the future to risk management actions.

Response:

Many of the potential substitutes for BNST from the similar chemical family are on the Chemical Management Plan medium priority list.  These substitutes are proposed to be assessed in the next phase of the Chemical Management Plan.

Comment:

ENGO representatives asked Environment Canada if research on technologies which would remove BNST from municipal wastewater treatment plants would be considered as an alternative to control BNST releases to the environment.

Response:

The proposed addition of BNST to the Prohibition of Certain Toxic Substances Regulations would prevent BNST from entering municipal wastewater treatment plants. For that reason, Environment Canada does not anticipate studying technologies which would remove BNST from those treatment plants.   

Date modified:

2016-06-28