Environment Canada appears to be stepping back from its ambitious goal of the virtual ban of benzenamine, N-phenyl-, reaction prod­ucts with styrene and 2,4,4-trimethylpentene (BNST) in Canada.

By 2013, BNST was assessed as “toxic” under the Canadian Environmental Protection Act, 1999, and included within  the Pro­hibition of Certain Toxic Substances Regulations, 2012.  Under the Toxic Substances Regulations, the use of BNST as an additive in lubricants was temporarily allowed until 2015.  Other industry uses of BNST were similarly phased out by the Toxic Substances Regulations.

Companies continuing to use BNST as a lubricant, mainly in the automotive and electronic equipment industries, were required to obtain temporary permits to allow for continued BNST use until no later than March 14, 2018.  In order to obtain the time-limited permit, companies were required to satisfy Environment Canada both that:

  • immediate alternatives to BNST for their products were not readily available; and
  • the company had a plan to phase out BNST by no later than the 2018 deadline.

BNST has continued to be used in replacement parts and legacy equipment in the automotive sector (including as a hydraulic brake system lubricant), as well as the electrical and electronic equipment sector (including as a motor fan lubricant) and alternatives have not become as readily available as anticipated.  Once Environment Canada became fully  aware of industry concerns that legacy equipment would be prematurely retired due to a shortage BNST-free replacement parts and replacement equipment alternatives were few, it circulated draft amendments to the Toxic Substances Regulations. which will:

  • allow for the manufacture, import, use, sale and offer for sale of BNST as an additive in lubricants found in replacement parts; and
  • permit the manufacture, import, use, sale and offer for sale of BNST used as an additive in lubricants until March 14, 2025.

Environment Canada is seeking comments on the draft amendments by January 19, 2017, which will also allow industry a last chance to seek BNST use extensions for other products and activities.

Author

Jonathan D. Cocker heads Baker McKenzie’s Environmental Practice Group in Canada and is an active member of the firm's Global Consumer Goods & Retail and Energy, Mining and Infrastructure groups. Mr. Cocker provides advice and representation to multinational companies on a variety of environmental and product compliance matters, including extended producer responsibilities, dangerous goods transportation, GHS, regulated wastes, consumer product and food safety, and contaminated lands matters. He assisted in the founding of one of North America’s first Circular Economy Producer Responsibility Organizations and provides advice and representation to a number of domestic and international industry groups in respect of resource recovery obligations. Mr. Cocker was recently appointed the first Sustainability Officer of the International Bar Association Mr. Cocker is a frequent speaker and writer on environmental issues and has authored numerous publications including recent publications in the Environment and Climate Change Law Review, Detritus – the Official Journal of the International Waste Working Group, Chemical Watch, Circular Economy: Global Perspectives published by Springer, and in the upcoming Yale University Journal of Industrial Ecology’s special issue on Material Efficiency for Climate Change Mitigation. Mr. Cocker maintains a blog focused upon international resource recovery issues at environmentlawinsights.com.