Great Lakes Binational Toxics Strategy

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Level II Substances on the Binational Toxics Strategy

A Canadian Perspective

Prepared for: Ron Shimizu, Regional Director - Ontario Region
Prepared By: Elizabeth Rezek, Environmental Contaminants Officer

The Binational Toxics Strategy was signed on April 7th, 1997 by Environment Canada and the United States Environmental Protection Agency. The Binational National Strategy was set forth to protect and ensure the health and integrity of the Great Lakes ecosystem. Environment Canada, the USEPA in consultation with other federal departments and agencies, Great Lakes States, the Province of Ontario, Tribes and First Nations have agreed to cooperate with their public and private partners toward the goal of virtual elimination of persistent toxic substances resulting from human activity.

Under the Strategy, action will occur first on "Level I" substances. Level I substances have been identified for priority action by multiple screening criteria and processes. Level I substances have been linked to or have the potential to cause deleterious environmental impacts in the Great Lakes Basin. These are substances that occur in the water, sediment or aquatic biota of the Great Lakes ecosystem and exert, singly or in a synergistic or additive combination, a toxic effect on aquatic, animal, or human life. They represent an immediate priority for virtual elimination through pollution prevention and other actions that phase out the use, generation or release of these substances in a cost-effective manner. The governments (EC & USEPA) will concentrate and lead actions and efforts around these substances.

The Strategy also includes actions for "Level II" substances. These substances have been identified by one or both countries as having the potential to cause a significant impact on the Great Lakes ecosystem. The two nations have agreed to share information regarding the persistence, bioaccumulation potential, and toxicity of Level II substances. Stakeholders will be encouraged to undertake pollution prevention activities to reduce levels in the environment of those substances nominated jointly by both governments. For those substances nominated by only one country stakeholders are encouraged to conform with the laws and policies of each country, including pollution prevention programs.

EC and the USEPA have promised to periodically examine the Level II substances in cooperation with their partners to determine whether any Level II substances should be elevated to the Level I list. If a substance on Level II is identified as a Level I substance a binational virtual elimination challenge will be set.

Nominations of substances from Level II to Level I would occur through consultation with stakeholders on proposed changes to the lists at the biennial meetings or other appropriate forum. There will be no new nomination process initiated by the Strategy instead existing processes for nominating or elevating substances will be used, i.e. Bioaccumulative Chemicals of Concern (BCCs) in the U.S., Toxic Substances Management Policy (TSMP), the Canada-Ontario Agreement (COA), and the Priority Substances List process under the Canada Environmental Protection Act (CEPA) in Canada or Lakewide Management Plans (LaMP) Critical Pollutants.

The focus of this report is to examine current activities underway on Level II substances in Canada or international activities in which Canada is an active participant. The following list of substances are listed as Level II substances under the Binational Toxics Strategy.

Level II Substances
	cadmium and cadmium compounds^2,4
	1,4-dichlorobenzene²
	3,3'-dichlorobenzidine²
	dinitropyrene²
	endrin⁵
	heptachlor (and heptachlor epoxide)⁵
	hexachlorobutadiene and hexachloro-1,3-butadiene¹
	hexachlorocyclohexane ^1,2,4,6
	4,4'-methylenebis(2-chloroaniline)²
	pentachlorobenzene¹
	pentachlorophenol²
	tetrachlorobenzene (1,2,3,4- and 1,2,4,5-)¹
	tributyl tin²
	PAHs as a group, including anthracene, benzo(a)anthracene, benzo(ghi)perylene,perylene, and phenanthrene²
	Legend: U.S. BCC Canadian COA IJC Critical Pollutant LaMP Lakewide Critical Pollutant POPs from CEC Council Resolution #95-5 In Canada, all agricultural pesticides were excluded from the COA Tier II list and are dealt with separately under COA and are not Canadian nominations to this list.

Cadmium and its compounds:

Cadmium and its compounds are used and found in three industrial sectors: the iron and steel sector, the metal finishing sector and the base metal smelting sector. In Ontario, there are 10 iron and steel mills which account for approximately 70% of the Canadian steel capacity, 5 base metal smelters and about 60% of the metal finishing sector. Cadmium plating represents approximately 4.3% of total cadmium consumption in Canada.

Cadmium and its compounds were assessed during the first Priority Substances assessment (PSL I). As a result of the assessment inorganic cadmium compounds were found to be CEPA -toxic under section 11 (a) and 11 (c). For a substance to be deemed CEPA- toxic it must meet one of the following criteria.

11(a) having or that may have an immediate or long-term harmful effect on the environment;
11(b) constituting or that may constitute a danger to the environment on which human life depends; or
11(c) constituting or that may constitute a danger in Canada to human life or health.

Substances that have been determined to be CEPA-toxic during the PSL review must undergo a Strategic Options Process. This process occurs in collaboration with other governments, non-governmental organizations and stakeholders to develop a risk assessment and recommendations for achieving reductions of CEPA-toxic substances.

Three strategic options reports were developed for cadmium and its compounds based on sector use. The three reports are: the Iron and Steel Strategic Options Report (SOR), Base Metal Smelting SOR, and Metal Finishing SOR. All three reports call for reductions of inorganic cadmium compounds. The Iron and Steel SOR does not include specific reduction targets but looks to implement Pollution Prevention (P2) projects and Best Management Practices (BMP) within the Iron and Steel industry. The Metal Finishing SOR indicates P2 practices will be used to minimize the release of cadmium from that industry. This will be promoted and encouraged through an expanded Memorandum of Understanding (MOU) with the Metal Finishing industry sector. The Base Metal Smelting sector has proposed an 80% reduction by 2008 of seven toxic substances of which inorganic cadmium compounds are included. This reduction is for all seven substances combined and may not result in 80% reduction of inorganic cadmium compounds. Inorganic cadmium compounds were placed on Schedule I of CEPA in March 1999. In addition cadmium is listed as a Tier II substance in the Canada-Ontario Agreement (COA). As a Tier II substance no specific reduction targets have been set, but release information is tracked and updated. The latest release estimates for COA (March 1999) indicates that releases of cadmium to air and water total 12 532 kg/yr. Cadmium releases are also reported to the Accelerated Reduction/Elimination of Toxics (ARET) program. Cadmium is listed as an A-2 substance (consensus was not meet on all the criteria for toxicity, bioaccumulation and persistence). Cadmium releases are also reported to National Pollutant Release Inventory (NPRI). No additional research initiatives are underway for cadmium but it is routinely determined in the course of analyses of various environmental media for other reasons and is reported.

1,4-dichlorobenzene:

1,4-dichlorobenzene used as an air freshener, deodorizer in urinals and as a moth and bird repellent. In 1990, it was estimated that 3 500 tonnes per year were being used in Canada. 1,4-dcb is both produced and imported into Canada. During the first PSL process 1,4-dichlorobenzene was assessed and deemed not CEPA-toxic under 11(b) and 11(c), and insufficient information to conclude under 11 (a). 1,4-dichlorobenzene is not persistent in air or surface water. It has been found to persist and accumulate in sediment under aerobic conditions. Concentrations of 1,4-dichlorobenzene in air were identified and determined not to constitute a toxic exposure to humans and wildlife and are considerably lower than the toxic effect. The assessment contained no studies on benthos. There was no available information on the effects of 1,4-dichlorobenzene on benthos resulting in insufficient information to conclude under section 11(a). 1,4-dichlorobenzene is tracked as a COA Tier II substance. In the most recent update to the COA inventory (March 1999) 200 000 Kg/yr of 1,4-dichlorobenzene were used in consumer products including releases to the air and water.

3,3’-dichlorobenzidine:

3,3’-dichlorobenzidine is used to make pigments for printing inks, textiles, plastics, and prints. 3,3’-dichlorobenzidine is not produced in Canada, but is imported each year. One company in Ontario is known to be the only importer of 3,3’-dichlorobenzidine. The company is a pigment manufacturer. 3,3’-dichlorobenzidine was assessed during PSLI and deemed CEPA toxic under 11(c). The resulting Strategic Options Report (SOR) recommended that a MOU be developed between the company in question and Environment Canada. A Letter of Agreement (LOA) has been drafted and is pending final approval . The LOA will entail the company to perform an environmental audit and address recommendations that result from the audit using best management practices. 3,3’-dichlorobenzidine was placed on Schedule I of CEPA as of March 1999. 3,3’-dichlorobenzidine is a Tier II substance on COA. In the most recent update of the release inventory total release of 3,3’-dichlorobenzidine was estimated to be 374 kg/year.

Dinitropyrene:

There are no commercial uses of 1,6- or 1,8-dinitropyrene. 1,6-dinitropyrene and 1,8-dinitropyrene are found in low concentrations in ambient air and as a constituent of diesel exhaust. They are present in the particulate emissions from diesel engines, kerosene heaters and gas burners. 1,6- and 1,8-dinitropyrene have been found to be highly potent mutagens and carcinogens in rats. The Integrated Atmospheric Deposition Network (IADN) tracks concentrations of 1,6- and 1,8-dinitropyrene. Both 1,6- and 1,8-dinitropyrene are listed as A-1 substances in the ARET program. As an A-1 substance they meet or exceed criteria for toxicity, bioaccumulation and persistence. In the most recent ARET report (May, 1999 ) there were no reports of emissions of 1,6- or 1,8-dinitropyrene. Dinitropyrene is also listed as a COA Tier II substance, but is not tracked as single substance. Release estimates of dinitropyrene are combined in the total PAH releases. The current COA inventory indicates that there is a total of 394 755 kg/yr of PAHs released to the air and water.

Endrin:

Endrin was used as a foliar insecticide on field crops such grains. It has also been used as a rodenticide to control mice and vols. Endrin is rapidly metabolized by animals, but does not accumulate in the fat to the same extent as other compounds with similar structures. Endrin can enter the atmosphere by volatilization and contaminates surface water from soil run-off. Endrin is no longer registered for use in Canada. Endrin is listed as a Track 1 Substance on Canada’s Toxic Substance Management Policy (TSMP) and is therefore targeted for virtual elimination. Virtual elimination under the TSMP will be sought within the most expedient time frame through the most appropriate, common sense, practical and cost-effective blend of voluntary, regulatory or incentive-based actions. Endrin is also being addressed by the United Nations Economic Commission for Europe (UN ECE) Persistent Organic Pollutants (POPs) international agreement as well as the United Nations Environment Program (UNEP) POPs of which Canada is actively involved in.

Heptachlor (and heptachlor epoxide):

Heptachlor (heptachlor epoxide) is a non-systemic stomach and contact insecticide used primarily against soil insects and termites. It has also been used against cotton insects, grasshoppers, some crop pests and to combat malaria. Heptachlor is highly insoluble in water, but soluble in organic solvents. It is quite volatile and expected to partition into the atmosphere. Heptachlor and heptachlor epoxide binds readily to aquatic sediments and bioconcentrates in the fat of living organisms. Heptachlor and heptachlor epoxide is no longer a registered pesticide in Canada. It is also found on the TSMP as a Track 1 substance and on both the UN ECE POPs and the UNEP POPs.

Hexachlorobutadiene and hexachloro-1,3-butadiene: (U.S. nomination only)

Hexachlorobutadiene and hexachloro-1,3-butadiene (HCBD) is present at low levels in indoor and outdoor air throughout the country. Sources of HCBD include motor vehicle emissions and the manufacture of plastics and synthetic rubbers. The substance is carcinogenic and genotoxic in animals. It may be carcinogenic in humans. HCBD is currently under assessment in the second PSL process. A determination of CEPA toxicity will be made once the assessment has been completed. A final draft of the assessment is expected for public review in September, 1999.

Hexachlorocyclohexane:

Hexachlorocyclohexane (HCH) includes both technical HCH (mixed isomers) and gamma-HCH also known as Lindane. There are no permitted used of technical HCH in Canada as a pesticide under the Pest Controls Product Act. All registered uses of lindane are restricted under the Pest Control Products Act. Lindane is used on a wide range of soil dwelling and plant eating insects. It used primarily for seed or soil treatment to protect crops. Some uses are currently being voluntarily withdrawn i.e. Canadian Canola Growers Association and Canola Council of Canada. It is also used in lotions, creams and shampoos for the control of lice and mites (scabies) in humans. Lindane has been placed under special review by the Pest Management Regulatory Agency (PMRA) as of March 15, 1999. The review will include examining the chemistry of existing lindane products registered in Canada and the extent to which these products may contribute to levels of various isomers in the environment. All new products, registration renewals and amended registrations that are granted in 1999 will expire December 31, 1999. All subsequent new products, registration renewals and amended registrations will be for a period not exceeding one year until this special review is complete. The registration status of all lindane-containing products will depend on the outcome of this review. The target date for completion of this review is December 2000. The only above-ground uses of lindane are minor livestock uses (two products). Lindane is listed on the UN ECE POPs.

4,4’-methylenebis(2-chloraniline):

4,4’-methylenebis(2-chloraniline) is used in the manufacture of polyurethanes and epoxy resins. It is used as a curing agent for polyurethane elastomers—curing urethane and epoxy resins and crosslinking urethane foam. 4,4’-methylenebis(2-chloraniline) is also used in the manufacture of gun mounts, jet engine turbine blades, radar systems and components in home appliances. 4,4’-methylenebis(2-chloraniline) is a Tier II substance on COA. In the most recent inventory releases of 4,4’-methylenebis(2-chloraniline) were reported to be 602 kg/yr. 4,4’-methylenebis(2-chloraniline) is also a A-1 substance in the ARET program. No releases were reported for 4,4’-methylenebis(2-chloraniline) in the May 1999 ARET report.

Pentachlorobenzene: (U.S. nomination only)

Pentachlorobenzene is not produced in Canada . There is no domestic commercial demand for this product. The two most significant sources identified are from spillage of dielectric fluids and from long range transport and deposition. Dielectric fluids come from the power generation sector. Based on 1991 data up to 200 000 kg of pentachlorbenzene are present in dielectric fluids that are in use. Up to 1 000 kg are present in dielectric fluids in storage that are destined for destruction. Pentachlorobenzene was assessed during the first PSL process and deemed not CEPA-toxic under sections 11(b), 11(c). There was insufficient or inconclusive information to determine whether or not pentachlorobenzene was toxic under 11 (a). The concentration of pentachlorobenzene in surface water is not expected to cause adverse effects in aquatic biota or wildlife, although its effects on sediment-soil dwelling biota are unknown. There are no research initiatives underway on pentachlorobenzene. The need for further work on pentachlorobenzene is limited. The only release to the environment is through spills, which are addressed by the Ontario Power Generation Inc.’s spills action plan.

Pentachlorophenol:

Pentachlorophenol has been used as an industrial wood preservative, insecticide (termicide), fungicide, herbicide, molluscide, disinfectant and as an ingredient in antifouling paint. It is used primarily as an industrial wood preservative for utility poles, cross arms, fence posts and similar structures. Its only registered use in Canada is as a heavy duty wood preservative. Pentachlorophenol is currently undergoing a joint reevaluation/re-registration by PMRA and the EPA under the North American Free Trade Agreement Technical Working Group on Pesticides. In addition, a strategic options report (SOR) for the wood preservation sector based on a PSL assessment of creosote impregnated wastes has been forwarded to the Ministers of the Environment and Health to address the use, release and disposal of treated wood products. The SOR does not specifically address pentachlorophenol, but proposes development of environmental and waste management practices. These recommendations will effect the sector’s use of pentachlorophenol and the subsequent disposition of treated wood products. Pentachlorophenol is also a Tier II substance on COA. In the most recent inventory, March 1999, estimated releases of PCP were 817 kg/yr.

Tetrachlorobenzene(1,2,3,4- and 1,2,4,5): (U.S. nomination only)

Tetrachlorobenzene is not produced in Canada. There is no domestic commercial demand for this product. The two most significant sources identified are from spillage of dielectric fluids and from long range transport and deposition. Based on 1991 data up to 1.3 million kg of tetrachlorobenzene are present in dielectric fluids that are in use. Up to 14 000 kg are in storage and are destined for disposal by destruction in Canada. During the first PSL process, 3 isomers of tetrachlorobenzene were addressed. The 3 isomers were 1,2,4,5 -, 1,2,3,5,-, 1,2,3,4-tetrachlorobenzene. The three isomers were found in samples of air, water, rain, sediment and biota. All of the concentrations were well below those levels that could cause adverse effects in humans or other biota. Tetrachlorobenzene was deemed not CEPA-toxic under sections 11 (b) and 11 (c). Under 11 (a) there was insufficient evidence to evaluate the significance of exposure to tetrachlorobenzene on sediment and soil. There are no research initiatives underway on this substance. The need for further work on pentachlorobenzene is limited. The only release to the environment is through spills, which are addressed by the Ontario Power Generation Inc.’s spills action plan.

Tributyl tin:

Tributyl tin (TBT) is used as an anti-fouling biocide. In 1989, the registration uses of tributyl tin were revised under the Pest Controls Product Act to prohibit the manufacturing, importation, distribution, retail sale and use of all unregistered antifoulant paints. The regulations also prohibit the use of these compounds at aquaculture facilities and on the majority of recreational boats. Tributyl tin is currently being addressed through research activities. These activities are attempting to characterize the occurrence, persistence and fate of TBT in the Great Lakes. This year (1999) a third national survey for TBT in the Canadian environment will take place with emphasis on the Great Lakes. Research on the impact of TBT to the freshwater ecosystem lags behind the marine ecosystem. Research activities this year will focus on freshwater benthic invertebrates and freshwater invertebrates that inhabit the water column. Research activities will also include investigating the persistence of TBT in sediment, beluga whales and clams and assessing the effects of the regulation for antifouling uses of TBT under the Pest Controls Product Act. TBT is a Tier II substance on COA. COA supports current research activities on freshwater organisms in the Great Lakes. There are no release estimates available for TBT according to the most recent COA inventory (March, 1999).

TBT is also being addressed by the International Maritime Organization (IMO). The Marine Environment Protection Committee of the IMO has approved a draft Assembly resolution that contains a deadline 2008 deadline for the complete prohibition of organotins acting as biocides in antifouling systems on ships. The IMO are recommending a global instrument be put in place to ensure global prohibition on the application of organotin compounds which act as biocides in anti-fouling ships by January 1, 2003 and a complete prohibition on the presence of organotin compounds which act as biocides in antifouling systems on ships by January 1, 2008.

In addition, Environmental Contaminants & Nuclear Programs Division, Environmental Protection Branch-Ontario Region is working with National Water Research Institute to develop a dossier nominating TBT for assessment under the TSMP.

Polyaromatic Hydrocarbons (PAHs):

PAHs are generally present in the environment as complex mixtures, largely produced through the combustion of organic matter. Forest fires are natural sources of PAHs and represent the single largest contributor of PAHs to the Canadian environment. The greatest anthropogenic sources are aluminum smelters mostly from those that use the Horizontal Stud Söderberg process. Other sources include residential wood burning, agricultural burning, open air fires and transportation. PAHs were assessed in the first PSL process. They were deemed to be CEPA-toxic under sections 11(a) and 11 (c), but not 11(b). Two strategic options reports were developed for PAHs. They include the Iron and Steel SOR and the Wood Preservation Sector SOR. The Iron and Steel SOR proposes that specific reduction targets be developed for PAH emissions. Environment Canada, the Ontario Ministry of the Environment, the Canadian Steel Producers Association and other stakeholders, will jointly develop these measures. Reduction efforts will include enhanced voluntary programs with environmental performance standards. Environmental management processes will be developed for the Wood Preservation Sector that will address PAHs. PAHs are addressed under the UN ECE POPs program. COA and the ARET program also address PAHs. They are listed as A-1 substances in the ARET program. PAHs are Tier II substances in COA. The current COA inventory (March, 1999) indicates that there is a total of 394 755 kg/yr of PAHs released to the air and water.

Nomination processes for new substances:

A brief overview of available nomination processes for new substances into the Binational Toxics Strategy. There are three processes the TSMP, the Commission for Environmental Cooperation (CEC) Sound Management of Chemicals Initiative and the United Nations Environment Program (UNEP) Criteria for Nomination of Persistent Organic Pollutants that could be used by the Binational Toxics Strategy.

Under the TSMP there is no formal process for nominating substances. Regions, other government departments (OGDs) are invited to prepare comprehensive dossiers for nomination of an assessment under the TSMP. This dossier would be reviewed by the TSMP management committee, which includes representatives from all government departments. The TSMP committee would then be required to pass a decision on whether or not to include the substance as a Track I or Track II substance. A Track I substance meets all of the following four criteria: it is persistent, bioaccumulative, toxic and primarily the result of human activity. Track I substances will be targeted for virtual elimination from the environment. Track II substances are substances that do not meet satisfy all four criteria (persistence, bioaccumulative, toxic and primarily the result of human activity). Track II substances are candidates for full life-cycle management to prevent or minimize their release into the environment. The management strategies for Track II substances will include pollution prevention, pollution control, and remediation, based on a life cycle approach.

In addition to the TSMP there is a priority assessment program that falls under the Canadian Environmental Protection Act. This program establishes the Priority Substance List (PSL). Substances are assessed for toxicity as defined under Section 11 of CEPA (see beginning of document). A determination of "toxic" under CEPA is a function of both the inherent properties of a substance and of the amounts, concentrations, or nature of entry of the substance in the Canadian environment.

For substances determined to be "toxic", management options are identified and implemented, in consultation with stakeholders to reduce or eliminate the risks the substances pose to human health or the environment in Canada.

Two other nomination processes that are similar to the TSMP are the Commission for Environmental Cooperation (CEC) Sound Management of Chemicals Initiative and the United Nations Environment Program (UNEP) Criteria for Nomination of Persistent Organic Pollutants.