Vol. 141, No. 17 — August 22, 2007

Registration
SOR/2007-191 August 10, 2007

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2007-87-06-01 Amending the Domestic Substances List

Whereas the Minister of the Environment has been provided with information under either paragraph 87(1)(a) or (5)(a) of the Canadian Environmental Protection Act, 1999 (see footnote a) in respect of each substance referred to in the annexed Order;

Whereas, in respect of the substances being added to the Domestic Substances List pursuant to subsection 87(1) of that Act, the Minister of the Environment and the Minister of Health are satisfied that those substances have been manufactured in or imported into Canada in excess of the quantity prescribed under the New Substances Notification Regulations (Chemicals and Polymers) by the person who provided the information;

Whereas the period for assessing the information under section 83 of that Act has expired;

And whereas no conditions under paragraph 84(1)(a) of that Act in respect of the substances are in effect;

Therefore, the Minister of the Environment, pursuant to subsections 87(1), (3) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote b), hereby makes the annexed Order 2007-87-06-01 Amending the Domestic Substances List.

Ottawa, August 3, 2007

JOHN BAIRD
Minister of the Environment

ORDER 2007-87-06-01 AMENDING THE DOMESTIC SUBSTANCES LIST

AMENDMENTS

1. Part 1 of the Domestic Substances List (see footnote 1) is amended by adding the following in numerical order:

26141-03-7 N-P        142518-21-6 N           407624-78-6 N-P

34397-99-4 N           173832-45-6 N-P        558452-62-3 N

67990-47-0 N-P        205193-99-3 N-P        890525-22-1 N-P

68514-54-5 N-P        245680-87-9 N-P        903573-39-7 N-P

95906-11-9 N           291534-83-3 N-P      

2. Part 3 of the List is amended by adding the following in numerical order:

value	description
15965-8 N	Alkyl substituted isocyanaurate trimer with acetanilide, oleyl alcohol and methyl ethyl ketoxime
16653-3 N-P	Alkenoic acid, alkyl ester, telomer with substituted alkyl alkanoate, substituted alkyl alkenoate and alkyl alkenoate
16750-1 N-P	Alkene, polymer with ethene, (1,1,4,4-tetramethyl-1,4-butanediyl)bis[(1,1-dimethylethyl)peroxide]-initiated, maleated, 2-ethyl-3-hydroxyhexyl esters
16890-6 N-P	1,3-Benzenedicarboxylic acid, polymer with 1,6-hexanediol, α-hydro-ω-hydroxypoly(oxy-1,4-butanediyl), 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, dihydrazide alkanedioic acid, 2-(dimethylamino)ethanol
17218-1 N-P	2-Propenoic acid, 2-methyl-, alkyl ester, polymer with ethenylbenzene, 2-ethyhexyl 2-propenoate, 2-hydroxylethyl 2-propenoate and 2-propenoic acid, (1-methylpropylidene)bis[(1,1-dimethylpropyl)]peroxide-initiated
17812-1 N-P	Carboxylic acid, polymer with 2-ethyl-2-hydroxymethyl-1,3-propanediol and soybean oil, reaction products with [4,4'-(1-methylethylidene)bisphenol polymer with (chloromethyl)oxirane and 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, 4-oxopentanoate ester, 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol, α-methyl-ω;-hydroxypoly(oxy-1,2-ethanediyl), 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, N,N-diethylethanamine, hydrazine, 1,2-ethanediamine and adipic acid, polymer with dimethylpropanediol, alkanediol, 1,3-dihydro-1,3-dioxo-5-isobenzofurancarboxylic acid, 1H,3H-benzo[1,2-c:4,5-c']difuran-tetrone
17813-2 N-P	1,3-Benzenedicarboxylic acid, polymer with 1,4-benzenedicarboxylic acid, 2,2-dimethyl-1,3-alkanediol, 1,2-alkanediol, alkanedioic acid, alkanedioic acid, 2,2'-oxybis[ethanol] and 1,2-alkanediol
17816-5 N-P	Siloxanes and silicones, di-Me, 3-hydroxypropyl Me, [[(3-hydroxypropyl)dimethylsilyl]oxy]-terminated, terminated, alkoxylated
17819-8 N-P	Fatty acids, soya, polymers with iso-Bu methacrylate, substituted alkenoic acid, pentaerythritol and p-vinyltoluene, isophthalic acid, ammonium salts
17820-0 N-P	Hexanedioic acid, polymer with 2,2-dimethyl-1,3-propanediol, 1,2-ethanediamine, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, N-(2-aminoethyl)-1,2-ethanediamine, hydrazine, and 1,1'-methylenebis(4-isocyanatocyclohexane), blocked, compound with amine salts
17821-1 N-P	Hexanedioic acid, polymer with 2,2-dimethyl-1,3-propanediol, 1,2-ethanediamine, 3-hydroxy-2-(hydroxymethyl)-2-methylpropanoic acid, 2,4,6-triamino-1,3,5-triazine, and 1,1'-methylenebis(4-isocyanatocyclohexane), blocked, compound with amine salts
17822-2 N-P	1,3-Benzenedicarboxylic acid, polymer with 1,2-ethanediol, alkyldioic acid and 2,2'-oxybis[ethanol], ester with [3-[(carboxyamino)methyl]-3,5,5-trimethylcyclohexyl]carbamic acid (2:1)
17824-4 N-P	Octadecadienoic acid, polymer with ethenylbenzene, 4,4'-(1-methylethylidene)bis[phenol], 2,2'-[(1-methylethylidene)bis(4,1-phenyleneoxymethylene)]bis[oxirane], 2-methyl-2-propenoic acid, compound with 1-(dimethylamino)-2-propanol
17826-6 N-P	2-Butenedioic acid (2Z)-, monomethyl ester, polymer with 1,2-propanediol mono(2-methyl-2-propenoate) and 2-propenoic acid, metal salt, tert-butyl hydroperoxide-initiated
17827-7 N-P	Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with (chloromethyl)oxirane, alkyl and unsaturated alkyl mono- and di- glycerides, 1,1'-methylenebis[4-isocyanatocyclohexane], 4,4'-(1-methylethylidene)bis[phenol], 9,12-octadecadienoic acid (9Z, 12Z), and polyethylene glycol [5-[[[bis(2-hydroxyethyl)amino]carbonyl]amino]-2(or 4)-methylphenyl]carbamate methyl ether, compound with triethylamine
17828-8 N-P	Fatty acids, vegetable oil, polymers with benzoic acid, isophthalic acid, terephthalic acid, trimellitic anhydride and alkanepolyol, compounds with 2-amino-2-methyl-1-propanol
17829-0 N-P	2-Propenoic acid, polymer with 2-propenoic acid, butyl ester, 2-methyl-2-propenoic acid, butyl ester, 2-methyl-2-propenoic acid, methyl ester, alkenylbenzene, 1-methylethenylbenzene and bis(1,1-dimethylethyl)peroxide

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

The purpose of the publication is to add substances to the Domestic Substances List (DSL) and make consequential deletions from the Non-Domestic Substances List (NDSL).

Subsection 66(1) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) empowers the Minister of the Environment to compile a list of substances, to be known as the Domestic Substances List, which specifies "all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986, (a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year, or (b) in Canadian commerce or used for commercial manufacturing purposes in Canada."

For the purposes of the Act, the DSL is the sole basis for determining whether a substance is "existing" or "new" to Canada. Substances on the DSL are not subject to the requirements of the New Substances Notification Regulations (Chemicals and Polymers), made under section 89 of CEPA 1999. Substances that are not on the DSL will require notification and assessment, as prescribed by these Regulations, before they can be manufactured in or imported into Canada.

The DSL was published in the Canada Gazette, Part II, in May 1994. However, the DSL is not a static list and is subject, from time to time, to additions, deletions or corrections that are published in the Canada Gazette.

Subsection 87(1) of CEPA 1999 requires the Minister to add a substance to the DSL where: (a) the Minister has been provided with information in respect of the substance under section 81 or 82 and any additional information or test results required under subsection 84(1); (b) the Ministers are satisfied that the substance has been manufactured in or imported into Canada by the person who provided the information in excess of (i) 1 000 kg in any calendar year, (ii) an accumulated total of 5 000 kg, or (iii) the quantity prescribed for the purposes of this section; and (c) the period for assessing the information under section 83 has expired; and (d) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.

Subsection 87(5) of CEPA 1999 requires the Minister to add a substance to the DSL where: (a) the Minister has been provided with any information in respect of the substance under subsections 81(1) to (13) or section 82, any additional information or test results required under subsection 84(1), and any other prescribed information; (b) the period for assessing the information under section 83 has expired; and (c) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.

Substances added to the DSL, if they appear on the NDSL, are deleted from that List as indicated under subsection 66(3), subsection 87(1) and subsection 87(5) of CEPA 1999.

Alternatives

CEPA 1999 sets out a process for updating the DSL in accordance with strict timelines. Since the substances covered by this Order have met the criteria for addition to the DSL, there is no alternative to their addition.

Similarly, there is no alternative to the NDSL deletions, since a substance cannot be on both the NDSL and the DSL.

Benefits and costs

Benefits

This amendment of the DSL will benefit the public, industry and governments, by identifying additional substances and by exempting them from all assessment and reporting requirements under section 81 of CEPA 1999.

Costs

There will be no incremental costs to the public, industry or governments associated with this amendment of the DSL.

Competitiveness

All nominated substances are added to the DSL if they have been determined to be consistent with the eligibility criteria specified in CEPA 1999. Thus no manufacturer or importer is disadvantaged by this amendment of the DSL.

Consultation

As the content of the notices associated with this amendment does not contain any information that would be subject to comment or objection by the general public, no consultation was required.

Compliance and enforcement

The DSL identifies substances that, for the purposes of CEPA 1999, are not subject to the requirements of the New Substances Notification Regulations (Chemicals and Polymers). There are no compliance or enforcement requirements associated with the DSL itself.

Contacts

Ms. Karen Mailhiot
Manager
Notification and Client Services Section
New Substances Division
Strategic Risk Assessment Directorate
Science and Technology Branch
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-0385

Mr. Peter Sol
Director
Regulatory Analysis and Instrument Choice Division
Economic Analysis Directorate
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-994-4484

Footnote a

S.C. 1999, c. 33

Footnote b

S.C. 1999, c. 33

Footnote 1

SOR/94-311

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