Is “it” regulated and/or is “it” an environmental contaminant of concern? That depends. It depends because the regulation of chemicals, as well as exposure pathways, change. In some cases, change is quick and by a lot. So the answer to that question will depend on when you ask.
The changing regulatory landscape is one of many challenges for those managing environmental risks. Below are some updates on a couple of chemicals/groups (phthalates/BENPAT [1,4-Benzenediamine, N,N’-mixed Phenyl and tolyl derivatives]) recently assessed.
Phthalates
The Canadian Environmental Protection Act (CEPA) “…sets out processes to assess the risks to the environment and human health posed by substances in commerce…,” among other things.
Recently, the Canadian Government assessed a group of phthalates. Phthalates are used for a variety of industrial purposes, including plastics, paints and coatings, adhesive and sealants, electronics, and personal health-care products.
According to the Government of Canada, “For 13 of the phthalates in the Phthalate Substance Grouping, the quantity that may be released to the environment is below the level expected to cause harm to organisms. However, the quantity of 1 phthalate from the grouping (B79P) and 1 additional phthalate (DEHP) that may be released to the environment is above the level expected to cause harm to organisms.”
There are, of course, dissenting opinions. Dr. Elaine MacDonald, Program Director at Ecojustice said, “It is mind boggling that Canada’s assessment of phthalates would conclude that most phthalates should not be restricted when other countries have taken strong action to reduce exposures.”
Views to the contrary aside, here is the official announcement regarding the phthalates in the Canada Gazette
BENPAT
BENPAT is a group of chemicals that has been the focus of dispute. In particular, there has been some “back and forth” between Environment and Climate Change Canada (ECCC) and Goodyear Canada.
BENPAT is made up of three different chemicals and is used to make tires last longer. But according to ECCC, “The final screening assessment report (FSAR) concluded that BENPAT is entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity…”
In 2011, Goodyear Canada, Inc. filed a notice of objection and request to the Board of Review.
Goodyear Canada’s objection included, “Goodyear maintains that a Board of Review is warranted as the Proposed Order to add BENPAT to Schedule 1 is based on a final screening assessment that has been conducted in a manner that is not consistent with the best available science.”
Recently, Goodyear Canada received a response from ECCC that said, in part, “I am of the view that your Notice did not bring forth any new scientific data or information that would support a change in the conclusion of the assessment.”
For more information on BENPAT, see the BENPAT page on Environment Canada’s website.
Providing Environmental Advice
If you need help in managing environmental issues (soil and groundwater assessments, remediation, vapour intrusion, permitting, planning, litigation support, etc.), large or small, we can help. You can reach me at 519-979-7300, ext. 114.