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Chemical Regulation

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There has certainly been rapid growth in the market for electric vehicles (EV), in part due to their associated (and celebrated) environmental attributes. What receives much less attention, however, is the looming waste-management challenge, particularly for EV lithium-ion batteries (LIBs). The proliferation of post-consumer LIBs has yet to fully materialize given the recent installation of long-life LIBs across multiple vehicle industries, but the environmental price for the switch to EV will soon be paid by…

The announcement earlier this year by the British Columbia Ministry of the Environment granting a waste-based ethanol the lowest the carbon intensity value ever issued a transportation fuel in that province properly raises questions as to where energy-from-waste (EfW) now stands in the coming age of resource recovery / lifecycle circularity in North America.  The answer isn’t entirely clear. Haven’t the Europeans Already Figured This Out? North Americans will do well to recognize the origins…

If you thought that pest control products can’t be found at your local clothier, you haven’t been reading Canada’s Pest Control Products Act. A pest control product under that Act includes any: “product… that is manufactured, represented, distributed or used as a means for directly or indirectly controlling, destroying, attracting or repelling a pest”   Still not following?  Micro-organisms that are “injurious, noxious or [have] troublesome effects” are pests under the Act and your gym shirt…

In a move which will affect international on-line retailers of various types of personal pest control products such as common insect repellants, Health Canada formally given notice of its intention to prohibit the importation of even limited quantity pest control products through regulatory changes to Canada’s Pest Control Products Act (PCPA). Unregulated Small Quantity Imports Targeted Currently, consumers in Canada may import limited quantities of pest control products for personal use without their registration under…

Environment Canada’s Chemical Management Plan (CMP) continues its assessment of current substances in Canada with a substantial new mandatory reporting obligation for importers and users of approximately 1500 chemicals.   The reporting obligations are retrospective, applicable to calendar years 2014 and 2015 with a reporting deadline of July 17th, 2017. Substances in All Forms Caught By Survey Consistent with its previous mandated surveys, the reporting obligation applies in respect of: substances alone; mixtures; products; or specified…

Alberta’s Climate Leadership Act will become effective on January 1st, 2017, unleashing varying carbon levies on no fewer than 25 different fuels consumed by industry and consumers inside Alberta.  That’s the Grinch. The Act does, however, offer users of fuels in Alberta a myriad of exemptions under which relief from the carbon levies may be available, in part or in whole.  That’s Santa. Available Exemptions No fewer than 12 exemptions are available including: Already…

On November 29, 2016, EPA identified the first ten chemicals that it will send through the risk review process under the amended Toxic Substances Control Act (TSCA). EPA was obligated to publish this list by December 19, 2016.  Publication of the list in the Federal Register in the next several days will trigger the three-year statutory deadline for EPA to determine whether the chemicals present an unreasonable risk to humans and the environment.  If EPA…

Environment Canada has published a Notice of Intent to further amend the Domestic Substances List to mandate that the following 25 substances (identified by CAS number) be subject to new (or additional) Significant New Activity pre-import/manufacture notification obligations: 72-43-5 87-86-5 1582-09-8 1897-45-6 1912-24-9 3691-35-8 51-03-6 62-73-7 76-06-2 87-90-1 88-30-2 94-75-7 133-06-2 133-07-3 333-41-5 584-79-2 2921-88-2 8001-58-9 8003-34-7 10453-86-8 10605-21-7 12069-69-1 13356-08-6 20543-04-8 23564-05-8 “Activities” with these substances in excess of 100 kg per year…