PFAS draft report; BTEX guidelines; CBI 19719-7

Summary#

• The federal government published three Environment notices in the Canada Gazette on July 13, 2024: the new Federal Environmental Quality Guidelines for benzene, toluene, ethylbenzene and xylene (BTEX) are now available online; Ministerial Condition No. 20113 permits a specific confidential substance (CBI 19719-7) to be made or imported under limits; and an Updated Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Report was released that proposes to list most PFAS (excluding fluoropolymers) under the Canadian Environmental Protection Act, 1999 and invites public comment.

What it does#

• Publishes the Federal Environmental Quality Guidelines for benzene, toluene, ethylbenzene and xylene (BTEX) and makes them available on Canada.ca for use when assessing or managing these common industrial contaminants.
• Issues Ministerial Condition No. 20113 to allow the manufacture or import of a single confidential substance (CBI 19719-7) only for use as a flame retardant in expandable polystyrene and only under strict restrictions, including:
  • bans on use in consumer products with direct human contact and food-grade applications;
  • requirements to notify the minister before starting manufacturing in Canada and to provide detailed information about quantities, facilities, transport, releases and disposal plans at least 120 days beforehand;
  • rules for handling spills, rinsing and disposal (including disposal to an engineered hazardous waste landfill if not rinsed) and record-keeping for at least five years.
  • these conditions came into force on July 2, 2024.
• Releases an Updated Draft State of PFAS Report and a revised risk-management scope that:
  • proposes to conclude the class of PFAS (excluding fluoropolymers) meets one or more criteria in the Canadian Environmental Protection Act, 1999 (which could lead to formal listing on Schedule 1);
  • summarizes evidence on PFAS persistence, mobility, occurrence across Canada, potential for bioaccumulation/biomagnification, and health/environmental concerns;
  • invites public feedback within 60 days of the notice (until about September 11, 2024).

Who's affected#

• Manufacturers and importers planning to make or bring into Canada the confidential substance (CBI 19719-7) or products that might contain it — especially firms in expandable polystyrene production.
• Companies and regulators that monitor or manage BTEX contamination — for example, environmental consultancies, industrial sites, and municipalities dealing with site remediation.
• A wide set of stakeholders for PFAS: manufacturers, waste managers, municipal wastewater and landfill operators, firefighters, Indigenous and northern communities, health and environmental researchers, and consumer-product companies — because the PFAS report covers many substances used across industries and in consumer goods.
• The general public in communities near contamination sources, people concerned about drinking water, food, or consumer-product exposure, and anyone who may want to submit comments during the PFAS consultation.

Why it matters#

• BTEX guidelines give governments and cleanup teams clear, science-based benchmarks to assess and manage soil and water contaminated by these common solvents and fuels.
• The ministerial conditions for CBI 19719-7 show how the federal government can allow a new chemical to be used while limiting where and how it is used, and by setting handling, disposal and reporting rules intended to reduce environmental and human exposure.
• The PFAS draft report signals a possible major shift: if the PFAS class (minus fluoropolymers) is added to Schedule 1 under the Canadian Environmental Protection Act, 1999, it would enable formal restrictions or controls on many PFAS across their lifecycle. The report highlights that PFAS are persistent and widely found in the environment and people, which explains why regulators are considering broad action.
• There is an opportunity for public input on the PFAS proposal for 60 days after the notice.