Chemical name: Terphenyl, chlorinated

Final regulatory action has been taken for the category: Industrial

Final regulatory action: The chemical is Banned

Use or uses prohibited by the final regulatory action:

The Regulations prohibit the manufacture, use, sale, offer for sale or import of PCT, or a mixture or product containing PCT, unless the substance is incidentally present.

Use or uses that remain allowed:

The Regulations do not apply to PCTs that are:

contained in a hazardous waste, hazardous recyclabel material or non-hazardous waste.

contained in a controlled product (eg pesticide)

present as a contaminant in a chemical feedstock used in a process from which there are no releases of the substacne and provided that the substance is destroyed or completely converted in that process to a substance that is not listed in Schedule 1 or 2 of the Regulations: or

used in a laboratory for analysis; in scientific research; or as a laboratory analytical standard.

The Regulations also establish a permit system that provides a mechanism for temporarily exempting certain applications of PCTs. Each permit lasts for 12 months, and can be renewed only twice. However, since PCTs are not currently used in Canada, it is unlikely that a permit will be required.

The final regulatory action was based on a risk or hazard evaluation: Yes

Summary of the final regulatory action:

All commercial, manufacturing and processing uses were first prohibited effective May 1 1979 pursuant to the Polychlorinated Terphenyl Regulations (SOR/79-369) under the Environmental Contaminants Act.

The Polychlorinated Terphenyl Regulations were revoked when the Polychlorinated Terphenyl Regulations, 1989 (SOR/90-128) were rolled over into the Canadian Environmental Protection Act (CEPA) which consolidated various pieces of 1970s environmental legislation, including the Environmental Contaminants Act.

The Polychlorinated Terphenyl Regulations,1989 were replaced in 1996 by the Prohibition of Certain Toxic Substances Regulations (SOR-96-237) under CEPA. There Regulations consolidated the existing Regulations for all toxic substances for which it had been determined that their use in Canada should be totally banned for environmental or health protection.

The Prohibition of Certain Toxic Substances Regulations were replaced by the Prohibition of Certain Toxic Substances Regulations, 2003 (SOR/2003-99) under CPA 1999, which have since been amended to the Prohibition of Certain Toxic Substances Regulations, 2005 (SOR/2005-40).

The Prohibition of Certain Toxic Substances Regulations,2005 (hereafter referred to as "Regulations") prohibit the manufacture, use, sale, offer for sale and import of toxic substances listed in Schedules 1 and 2 to the Regulations. PCT is found on Schedule 1, which lists substances subject to total prohibition, with the exception of incidental presence. Schedule 2 lists substances that are subject to prohibitions related to concentration or use.

The reasons for the final regulatory action were relevant to: Environment

Summary of known hazards and risks to the environment:

This explanation outlines the known hazards and risks to the Canadian environment at the time the Report was written. The production and use of PCTs has been prohibited since the late 1970s, so these situations may no longer apply.

The detection of PCTs in eggs and fatty tissue of herring gulls were reported from the Bay of Fundy, but none in eggs and fatty tissue of double-crested cormorants from the same area. The levels of PCT in subcutaneous fats and eggs of herring gulls were 1.4 and 0.1 ug/g respectively, when expressed as Aroclor 5460 on the wet weight basis.

Expected effect of the final regulatory action in relation to the environment:

The Regulations protect the health ecosystem by ensuring that future production, importation and use of PCT is prohibited with very limited exemptions.

Date of entry into force of the final regulatory action: 15/05/2005