Chemical name: Cyclododecane, 1,2,5,6,9,10-hexabromo-, Cyclododecane, hexabromo- Final regulatory action has been taken for the category: Industrial Final regulatory action: The chemical is Severely Restricted Use or uses prohibited by the final regulatory action: N/A The manufacture, use, sale, offer for sale or import of HBCD, as well as expanded and extruded foams and their intermediary products containing HBCD used in building/construction applications are prohibited, with a limited number of exemptions, as of January 1, 2017. Use or uses that remain allowed: The Regulations do not apply to any toxic substance that is: a) contained in a hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of CEPA applies; b) contained in a pest control product as defined in subsection 2(1) of the Pest Control Products Act; c) present as a contaminant in a chemical feedstock that is used in a process from which there are no releases of the toxic substance and on the condition that the toxic substance is destroyed or completely converted in that process to a substance that is not a toxic substance set out in either Schedule 1 or 2 of the regulations; or d) to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard. The Regulations do not prohibit: -The import, manufacture, use, sale and offer for sale of HBCD or a EPS or XPS foam product containing it, if HBCD is incidentally present [subsection 4(1) of the Regulations] -The import, manufacture, use, sale and offer for sale of products that contain HBCD other than EPS or XPS foams and their intermediary products for a building or construction application [subsection 4(3) of the Regulations] -The use, sale or offer for sale of: oHBCD that was manufactured or imported before January 1, 2017 [subsection 4.1(1) of the Regulations] oEPS and XPS foams and their intermediary products that contain HBCD, for a building or construction application, if manufactured or imported before January 1, 2017 [subsection 4.1(2) of the Regulations] REFERENCES Prohibition of Certain Toxic Substances Regulations, 2012 (SOR/2012-285) under CEPA, as amended 2016 (SOR/2016-252). http://www.gazette.gc.ca/rp-pr/p2/2016/2016-10-05/html/sor-dors252-eng.html Substance Prohibition Summary for Hexabromocyclododecane. Environment and Climate Change Canada. July 2017. http://ec.gc.ca/lcpe-cepa/default.asp?lang=En&xml=8AA39B1F-3399-43CF-ABDB-B24A2AD2E3D9 Pesticide use or uses that remain allowed: N/A The final regulatory action was based on a risk or hazard evaluation: Yes Summary of the final regulatory action: HBCD and certain products containing it are subject to the Prohibition of Certain Toxic Substances Regulations, 2012 (the Regulations) as amended in 2016, made under the Canadian Environmental Protection Act, 1999 (CEPA). The manufacture, use, sale, offer for sale or import of HBCD, as well as expanded and extruded foams and their intermediary products containing HBCD used in building/construction applications are prohibited, with a limited number of exemptions, as of January 1, 2017. Prior to these amendments, there were no risk management instruments in place respecting preventative or control actions for HBCD in Canada. The reasons for the final regulatory action were relevant to: Environment Summary of known hazards and risks to human health: N/A Expected effect of the final regulatory action in relation to human health: N/A Summary of known hazards and risks to the environment: Release of HBCD into the environment may occur during manufacture, processing, transportation, use, improper handling, improper storage or containment, product usage and disposal of the substance or products containing the substance. HBCD is not manufactured in Canada. HBCD has been detected in all environmental media. In addition, the substance is present in samples collected from regions considered remote from potential sources, including the Arctic, indicating that it is sufficiently stable in the environment to allow long-range transport in air or water, or both. HBCD has demonstrated toxicity in both aquatic and terrestrial species. The available information on persistence, bioaccumulation and toxicity, as well as the risk quotient analysis for pelagic and benthic organisms, indicate that HBCD has the potential to cause ecological harm in Canada. The widespread presence of HBCD in the environment warrants concern in light of strong evidence that the substance is environmentally persistent and bioaccumulative. Based on the available information, it is concluded that HBCD is entering 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. It is therefore concluded that HBCD meets one or more of the criteria set out in section 64 of CEPA. In addition, HBCD meets the criteria for persistence and bioaccumulation potential as set out in the Persistence and Bioaccumulation Regulations (Canada 2000). Expected effect of the final regulatory action in relation to the environment: The risk management objective for HBCD is to achieve the lowest level of release of the substance, which is technically and economically feasible, into the Canadian environment. The final regulatory action protects the Canadian environment from risks associated with the manufacture, use, sale, offer for sale or import of HBCD and certain products containing HBCD. Date of entry into force of the final regulatory action: 01/01/2017 |