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Canada declares PFAS toxic under CEPA

来源:specialchem2025年04月01日

阅读次数:111次

The Government of Canada has published the State of Per- and Polyfluoroalkyl Substances (PFAS) report. This report follows public consultations for the Draft State of PFAS Report, launched in May 2023, and the Updated Draft State of PFAS Report, launched in July 2024, during which over 400 stakeholders provided input.
 

Prevent substitution of regulated PFAS by unregulated PFAS


Following the latest science, the Government of Canada has examined PFAS as a class of substances. The class of PFAS comprises of substances meeting the broad chemical definition by the Organization for Economic Co-operation and Development.

Scientific evidence suggests that concerns identified for human health and the environment for well-studied PFAS are more broadly applicable to other PFAS. A class approach can help prevent the substitution of one regulated PFAS by an unregulated PFAS that potentially possesses similar hazardous properties.

Based on latest science and evidence, this report concludes that the class of PFAS, excluding fluoropolymers as defined in the report, is toxic under the Canadian Environmental Protection Act, 1999 (CEPA).

 

Findings on PFAS (excluding fluoropolymers) under CEPA section 64


This report concludes that PFAS, excluding fluoropolymers, meet two criteria under section 64 of CEPA:
 

  • They are entering or may enter the environment in a quantity or concentration or under conditions that have or may have immediate or long-term harmful effects on the environment or its biological diversity
  • They are entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health


The conclusion of the report provides a science-based foundation for future actions and consultations with industry and other stakeholders.

The State of PFAS Report defines fluoropolymers as one group of polymeric PFAS. However, these have been excluded from the report at this time, as current evidence suggests they may have different exposure and hazard profiles compared to other PFAS. The Government will study these substances further to ensure informed decision-making.

Given the conclusion of the State of PFAS Report, the Government of Canada is proposing to add the class of PFAS, excluding fluoropolymers, to Part 2 of Schedule 1 to CEPA. This action will enable targeted and phased approaches to risk management while safeguarding public health and the environment.

 

Proposed actions on PFAS - Risk management approach


The Government of Canada recognizes that there are numerous uses of PFAS and that they are used in a wide array of sectors of the economy. Certain uses may be critical for safety, health, or economic reasons, and industry will have opportunities to engage and identify practical alternatives. This approach not only protects health and the environment but also supports the competitiveness of Canadian industries while they are finding safer alternatives.

To determine actions for the class of PFAS, excluding fluoropolymers, the Government is publishing a proposed Risk Management Approach with the following environmental and health risk management objectives:

 

  • To reduce releases of PFAS into the Canadian environment to avoid adverse effects in a manner that balances environmental protection with economic feasibility
  • To reduce human exposure to PFAS, including disproportionately impacted populations


To achieve these objectives and reduce environmental and human exposure to the lowest levels that are technically feasible, the Government proposes to prioritize action through a phased approach:
 

  • Phase 1: Address PFAS in firefighting foams (not currently regulated), due to high potential for environmental and human exposure
  • Phase 2: Address the uses of PFAS in consumer products where alternatives exist, such as certain textiles, ski waxes, building materials, and food packaging materials
  • Phase 3: Evaluate sectors requiring further consideration through stakeholder engagement and further assessments


The Risk Management Approach will be open for consultation to all interested parties from March 8 until May 7, 2025.
 

Acting on PFAS


To protect the health of Canadians and ecosystems, the Government has been acting on PFAS. Following scientific assessments in 2006 and 2012, three subgroups of PFAS (perfluorooctane sulfonate [PFOS], perfluorooctanoic acid [PFOA] and long-chain perfluorocarboxylic acids [LC-PFCAs], their salts, and their precursors) were addressed through the Prohibition of Certain Toxic Substances Regulations, 2012. To further address these three PFAS subgroups, the Government plans to publish an update to these regulations in 2025.

Starting in 2025, 163 PFAS will be added to the National Pollutant Release Inventory to enhance understanding of their use and impacts. This will provide information into how PFAS are manufactured, processed, or used in quantities exceeding 1 kg. The information collected will improve knowledge of PFAS and complement the proposed Risk Management Approach, which is focused on finished products.

To reduce exposure to PFAS, Health Canada released the final objective for PFAS in Canadian drinking water in August 2024.

Activities are also being undertaken under the Great Lakes Water Quality Agreement to reduce releases of these substances into the Great Lakes.

In June 2024, the Canadian Food Inspection Agency published an interim standard to limit the amount of PFAS in biosolids sold or imported as fertilizers. All domestic and imported biosolids intended for use as commercial fertilizers must have less than 50 parts per billion of perflurooctanesulfonic acid (PFOS), a chemical in the PFAS class.

The Government is also continuing to take further action to reduce the environmental and human health risks from PFAS at known federal contaminated sites. This work may include, among others, providing alternative drinking water sources and cleaning up specific areas.

Canada works with provinces on contaminated sites through the Canadian Council of Ministers of the Environment. It also collaborates with provinces, territories and adjoining landowners to provide updates, and to develop plans when contamination has or may have moved offsite.

Residents and municipalities concerned with PFAS contamination unrelated to federal activities should contact their provincial or territorial ministries responsible for the environment and drinking water.

As information is important to understand the sources of PFAS, the Government is currently compiling responses received from its information collection notice published in 2024, and which included 312 PFAS. The notice targeted anyone who imported, manufactured or used these PFAS in the manufacturing of a good, to establish baseline commercial data and to inform future activities. Similar initiatives have been published since 2000 to survey other PFAS substances.

Under CEPA’s New Substances Notification Regulations (Chemicals and Polymers), new PFAS introduced to the Canadian marketplace continue to be assessed for potential risks. These PFAS would be subject to actions that may be put in place to address PFAS as a class.

The Government is also continuing research and monitoring activities, which build on available science. This includes biomonitoring of certain PFAS under the Canadian Health Measures Survey and environmental monitoring of certain PFAS as part of the Environmental Monitoring and Research projects of the Northern Contaminants Program.

Furthermore, Canada works with other countries to address PFAS, including through the Stockholm Convention on Persistent Organic Pollutants. In 2021, Canada nominated long-chain perfluorocarboxylic acids (LC-PFCAs), their salts and related compounds, to be added to the Convention, which would help global efforts to eliminate these substances. Internationally, Canada is among the first to propose management of PFAS as a class.

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