Prohibition of Certain Toxic Substance Registration (CEPA)

These regulations intended to prohibit the manufacture, use, sales and import of certain toxic substances, and products containing them, and has limited exemption for that Toxic Substance, when the usage of the toxic substance is unavoidable. It was amended in 1966 multiple times to add or remove substances, or to remove exemptions. They are given below:

• substances that have been prohibited for many years, preventing their re-introduction into commerce
• substances that have been recently prohibited, some with exemptions to accommodate critical uses that could not immediately be phased out

Planned changes to these regulations and Background:

The Prohibition of Certain Toxic Substances Regulations, 2022 was published in Canada Gazette, Part I on May 14, 2022. This was used to find replacement and prohibit use of toxic substance. This regulation came into force in 2012.

It was implemented by Canada’s obligations for industrial chemicals under the governing Body of Stockholm Convention on Persistent Organic Pollutants.

Key element of the proposed Regulation:

The proposed Prohibition of Certain Toxic Substances Regulations, 2022 (proposed Regulations) would further restrict the manufacture, use, sale and import of three groups of oil and water repellents (perfluorooctane sulfonate, its salts and its precursors (PFOS), perfluorooctanoic acid, its salts and its precursors (PFOA), and long-chain perfluorocarboxylic acids, their salts and their precursors (LC-PFCA)), and two flame retardants (hexabromocyclododecane (HBCD), and polybrominated diphenyl ethers (PBDEs), products containing them, by removing or providing time-limits for most remaining exemptions.

This regulation also prohibits two additional flame retardants, Dechlorane Plus (DP) and decabromodiphenyl ethane (DBDPE). Also has exemption where the usage is unavoidable.

EPA Requests Nominations for Ad Hoc Reviewers to Assist SACC in Reviewing Phthalate Documents

The U.S. Environmental Protection Agency (EPA) announced on December 21, 2022, The Science Advisory Committee on Chemicals (SACC) is seeking public nominations of scientific and technical experts to serve as ad hoc reviewers to help the SACC with the peer review of two drafted documents which entitled as, “Draft Proposed Principles of Cumulative Risk Assessment Under the Toxic Substances Control Act” and “Draft Proposed Approach for Cumulative Risk Assessment of High-Priority Phthalates and a Manufacturer Requested Phthalate Under the Toxic Substance Control Act.”

According to EPA, it will submit the two draft documents to SACC and publish the same for public review and comment in February 2023.

EPA will ask SACC for feedback on concerns about chemical grouping for purposes of cumulative risk assessment (CRA), health outcomes related to phthalate syndrome, and possible approaches to developing the cumulative hazard and exposure assessment for high-priority phthalates and a manufacturer-requested phthalate

Environmental Protection Agency provides the following chronological listing of the dates for the specific activities:

• January 20, 2023 – Due date for submitting all nominations to EPA;
• April 24, 2023 – Due date for submitting a request for special accommodations to allow EPA time to process the request before the meeting
• May 8 to 11, 2023, from 10:00 a.m. to approximately 5:30 p.m. (EDT) -- The public virtual meeting will be held via a webcast platform such as “Zoom.gov” and audio teleconference, and you must register to receive the links.