Summary of public comments received on the risk management approach for coal tars and their distillates

Coal Tars and their Distillates were assessed by Environment and Climate Change Canada and Health Canada as part of the Chemical Management Plan. Comments on the Risk Management Approach for Coal Tars and their Distillates were submitted by the following trade and industry associations:

• Aluminium Association of Canada (AAC)
• Canadian Paint and Coatings Association (CPCA)
• Canadian Steel Producers Association (CSPA)
• American Coke and Coal Chemicals Institute (ACCCI)
• Pavement Coatings Technology Council (PCTC)

Summarized public comments and responses are provided below, organized by topic:

Topic 1 – Overarching comments

Comment:  An industry sector that is not affected by the proposed risk management measures expressed an interest in being informed of any other measures being considered and participating in working groups to discuss the issues of interest to their industry.     

Response: Noted     

Topic 2 – Proposed risk management

Comment: There is a need to determine the economic impacts of adding Coal Tars and their Distillates to Schedule 1 of CEPA.

Response: The addition of “Coal Tars and their Distillates” to Schedule 1 to CEPA does not on its own impose any regulatory requirements and would, therefore, not result in any incremental compliance costs for stakeholders or enforcement costs for the Government of Canada. The Order grants the Ministers the authority to develop risk management measures under CEPA for Coal Tars and their Distillates. Once the Ministers propose risk management measures for Coal Tars and their Distillates, the Departments will assess their benefits and costs. Stakeholders and partners will be consulted during the development of such measures.

Comment: Provincial authorities and the industrial sectors’ representatives were insufficiently consulted in developing the risk management actions.

Response: The Government of Canada is committed to consulting with all affected stakeholders when developing risk management options. As noted in the Risk Management Approach, the Departments will work with the Government of Ontario, any other interested or implicated province or territory, and with industry stakeholders to gather additional information on the effectiveness of federal and provincial risk management measures in minimizing releases of “Coal Tars and their Distillates” from implicated sectors.

Comment: Insufficient time was available to provide comments on the Risk Management Approach document. Extended timelines should be considered for future milestones.

Response: The Government of Canada remains open to working with the industry associations, their members, and all stakeholders in a transparent and consultative process. The 60-day public comment period for the Risk Management Approach document has been the standard practice under the Chemicals Management Plan, consistent with the mandatory public comment period on proposed CEPA measures, orders, and regulations. Under CEPA, there is a legal obligation to publish proposed and final risk management measures within the 24-month and 18-month periods, respectively, from the recommendation to add the substance to Schedule 1.

Comment: Why are Coal Tars and their Distillates being recommended for addition to Schedule 1, when benzene and polycyclic aromatic hydrocarbons (PAHs, e.g., benzo(a)pyrene) are already listed on Schedule 1 of CEPA?

Response: Coal Tars and their Distillates are UVCB (unknown or variable composition, complex reaction products, or biological materials) compounds that include PAHs, benzene, and other components, all of which may contribute to toxicity. The current listings of PAHs and benzene do not suffice to address the risks posed by Coal tars and their Distillates. The screening assessment established that adverse effects could not be exclusively attributed to PAHs and benzene present as components in the Coal Tars and their Distillates.

Comment: It is recommended that prohibition be limited to coal tar-based pavement sealants and not to any other type of professional-only or industrial sealant products sold on the Canadian market.

Response: The Government of Canada is committed to consulting with all affected stakeholders when developing risk management options to reduce releases of “Coal Tars and their Distillates” to levels that are protective of human health and the environment. Where appropriate, comments provided will be considered in developing the proposed risk management instrument.

Comment: The proposal to ban coal tar-based sealants should be rejected.

Response: A prohibition on coal tar-based sealant products is considered to be the best approach to reduce the environmental and human health risks of exposure to “Coal Tars and their Distillates” from these products. Stakeholders can comment on the Proposed Regulations intended to prevent and control some of the risks associated with “Coal Tars and their Distillates”, when these are published in the Canada Gazette, Part I.