2-Butoxyethanol Regulations
SOR/2006-347
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2006-12-14
2-Butoxyethanol Regulations
P.C. 2006-1557 2006-12-14
Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on July 9, 2005 a copy of the proposed 2-Butoxyethanol Regulations under the title Regulations Respecting 2-Butoxyethanol, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;
And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Therefore, Her Excellency the Governor General in Council, pursuant to subsection 93(1) and section 319 of the Canadian Environmental Protection Act, 1999Footnote b, on the recommendation of the Minister of the Environment and the Minister of Health, hereby makes the annexed 2-Butoxyethanol Regulations.
Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33
Return to footnote cS.C. 2002, c. 7, s. 124
Application
1 These Regulations apply in respect of products set out in column 1 of Schedule 1 that contain 2-butoxyethanol, which has the molecular formula C6H14O2, and that are for indoor use except if they are for use
(a) in a manufacturing or processing activity;
(b) in a commercial activity as paints or coatings, including automobile refinish coatings;
(c) as a solvent in a laboratory for analysis;
(d) in scientific research; or
(e) as a laboratory analytical standard.
Prohibitions
2 (1) No person shall manufacture or import a product set out in column 1 of Schedule 1 if its concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that product unless
(a) dilution of the product is required, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that product before it is used and that product is either labelled with or accompanied by those instructions in both official languages; or
(b) the person has been issued a permit under section 5 and, in the case of a product that is to be diluted before it is used, that product is either labelled with or accompanied by the manufacturer’s written dilution instructions in both official languages.
(2) The prohibition in subsection (1) does not apply, however, to the manufacturing or importing of a product for export only.
3 No person shall sell or offer for sale a product set out in column 1 of Schedule 1 if its concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that product unless
(a) dilution of the product is required, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that product before it is used and that product is either labelled with or accompanied by those instructions in both official languages; or
(b) that product was manufactured or imported under a permit issued under section 5, the sale or offer to sell occurs no later than one year after the expiry date of the permit and, in the case of a product that is to be diluted before it is used, that product is either labelled with or accompanied by the manufacturer’s written dilution instructions in both official languages.
Permits
Application
4 (1) Any person that is importing or manufacturing a product set out in column 1 of Schedule 1 whose concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that product other than a product referred to in paragraph 2(1)(a) shall hold a permit to continue that activity.
(2) An application for a permit shall be submitted to the Minister and contain the information specified in Schedule 2.
(3) The application shall be accompanied by a certification, dated and signed by the applicant, or by their authorized representative, stating that the information contained in the application is accurate and complete.
(4) The application and certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister and the documents shall bear the written or electronic signature, as the case may be, of the applicant or their authorized representative.
Conditions Of Issuance
5 (1) Subject to subsection (2), the Minister shall issue the permit if the following conditions are met:
(a) it is not technically or economically feasible to reduce the concentration of 2-butoxyethanol in the product to the limit set out in column 2 of Schedule 1 for that product;
(b) the applicant has taken all necessary measures to minimize or eliminate any harmful effect of 2-butoxyethanol on human health;
(c) a plan has been prepared by the applicant identifying the measures that they intend to take so that the concentration of 2-butoxyethanol in the product to be manufactured or imported will be within the limit prescribed by these Regulations; and
(d) the period within which the plan is to be fully implemented does not exceed four years from the day on which a permit is first issued to the applicant.
(2) The Minister shall refuse to issue a permit if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application.
(3) A permit expires 24 months after the day on which it is issued unless, before its expiry date, the applicant submits a new application in accordance with section 4. The validity of the initial permit may only be extended once for an additional 24 months for the same use of 2-butoxyethanol.
Revocation
6 (1) The Minister shall revoke a permit if the conditions set out in paragraphs 5(1)(a) to (d) are no longer met or if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information to the Minister.
(2) The Minister shall not revoke a permit unless the Minister has provided the permit holder with
(a) written reasons for the revocation; and
(b) an opportunity to be heard, by written representation, in respect of the revocation.
Analysis by Accredited Laboratory
7 The concentration of 2-butoxyethanol under these Regulations shall be determined by a laboratory that is accredited under the International Organization for Standardization standard ISO/IEC 17025: 2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, and whose accreditation includes the analysis of 2-butoxyethanol within its scope of testing.
Record Keeping
8 (1) Every person that submits the information set out in Schedule 2 shall keep a copy of that information, the certification and any documents supporting the information for a period of at least five years, beginning on the date of the submission of the information.
(2) Every person that manufactures or imports a product set out in column 1 of Schedule 1 containing 2-butoxyethanol shall keep a record of the results of any analysis conducted to determine the concentration of 2-butoxyethanol in the product — either as diluted in accordance with the manufacturer’s written instructions, in the case of a product that is to be diluted, or as it is manufactured —, the name of the laboratory that performed the analysis and any supporting documents related to the analysis for a period of at least five years, beginning on the date of the analysis.
(3) The information, certification, results of analysis and supporting documents that are required to be kept by the person shall be kept at their principal place of business in Canada or at any other place in Canada where the information, certification, results and supporting documents can be inspected. If those records are kept at any place other than the person’s principal place of business, the person shall provide the Minister with the civic address of the place where they are kept.
(4) The person shall keep the required information, certification, test results and supporting documents in writing or in an electronic format that is compatible with the one that is used by the Minister.
Coming into Force
9 (1) Subject to subsection (2), these Regulations come into force one year after the day on which they are registered.
(2) Section 3 comes into force two years after the day on which these Regulations are registered.
SCHEDULE 1(Section 1, subsection 2(1), section 3, subsection 4(1), paragraph 5(1)(a), subsection 8(2), and Schedule 2)
Concentration Limits
| Column 1 | Column 2 | |
|---|---|---|
| Item | Product | Concentration Limit (%) (w/w) |
| 1 | Automobile CleanerFootnote for Concentration Limits1 | 10.0 |
| 2 | Rug or Carpet Cleaner | 10.0 |
| 3 | Floor or Baseboard Stripper | 2.0 |
| 4 | Paint Stripper or Thinner | 0.5 |
| 5 | Laundry Stain Remover | 22.0 |
| 6 | Any Other AerosolFootnote for Concentration Limits2 CleanerFootnote for Concentration Limits3 | 5.0 |
| 7 | Any Other Non-aerosol CleanerFootnote for Concentration Limits3 | 6.0 |
| 8 | AerosolFootnote for Concentration Limits2 Paint or Coating | 0.1 |
| 9 | Non-aerosol Paint or Coating | 0.5 |
Return to footnote 1Does not include automobile degreasers.
Return to footnote 2Does not include pump sprays.
Return to footnote 3A product to be used to degrease and clean glass, floors and other surfaces, including bathroom and kitchen surfaces, but does not include automobile degreasers.
SCHEDULE 2(Subsections 4(2) and 8(1))Information To Be Contained in an Application for a Permit
1 Information respecting the applicant:
(a) their name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any; and
(b) the name, title, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of their authorized representative, if any.
2 Information respecting the product:
(a) its name;
(b) its concentration of 2-butoxyethanol;
(c) the estimated quantity to be manufactured, sold, offered for sale or imported in a calendar year and the unit of measurement;
(d) the identification of each proposed use for the product; and
(e) an indication as to whether a permit has been issued under section 5 of these Regulations for each proposed use for the product.
3 Evidence that it is not technically or economically feasible to reduce the concentration of 2-butoxyethanol in the product to the limit set out in column 2 of Schedule 1 for that product.
4 Identification of the measures that have been taken to minimize or eliminate any harmful effect of 2-butoxyethanol on human health.
5 A description of the plan prepared respecting 2-butoxyethanol identifying the measures to be taken so that the concentration of 2-butoxyethanol in the product to be manufactured or imported will be within the limit prescribed by these Regulations.
6 Identification of the period within which the plan is to be fully implemented.
7 The civic and postal addresses of the location where records, certification and supporting documents are kept.
8 An applicant that submits a request, in accordance with section 313 of the Canadian Environmental Protection Act, 1999, that information contained in the application be treated as confidential must include with that request the identification of the following:
(a) any information that constitutes a trade secret;
(b) any information the disclosure of which would likely cause material financial loss to, or prejudice the competitive position of, the applicant;
(c) any information the disclosure of which would likely interfere with contractual or other negotiations being conducted by the applicant; and
(d) any financial, commercial, scientific or technical information that is confidential and is treated consistently in a confidential manner by the applicant.
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