Mr. Speaker, the Department of the Environment's draft screening assessment for perfluorooctane sulfonate, known as PFOS, concluded in October 2004 that PFOS is a persistent bioaccumulative and inherently toxic substance in the environment. It meets the definition in section 64 of the Canadian Environmental Protection Act, 1999, in that it is entering into the environment in a quantity or concentration or under conditions that have a harmful effect on the environment. The initial conclusions have not changed and it is expected that a final assessment will be published shortly.
The Department of the Environment is proposing that priority be given to the development of actions to protect the health of Canadians and their environment. Under the existing legislative and regulatory framework, the Department of the Environment will propose and develop actions for PFOS with the participation of stakeholders, including the public, industry, non-governmental organizations, and provincial and territorial governments.
To support the development of these actions, the Department of the Environment will investigate the various instruments and tools available to control PFOS in Canada. The Department of the Environment will analyze the costs and benefits of the proposed actions to ensure the most appropriate approach that results in a net benefit for Canadians is chosen.
It would be premature to add PFOS to the virtual elimination list and develop release limit regulations as proposed by Bill C-298 before the Department of the Environment can fully consult or perform the necessary supporting analysis. The Department of the Environment is expecting to propose a strategy very shortly in consultation with stakeholders.
This strategy will outline proposed actions to control PFOS in a way that releases to the Canadian environment would ultimately be eliminated to ensure the protection of the health of Canadians and their environment. The development of the strategy and the implementation of actions will be carried out independently of any decision on the virtual elimination list or regulations prescribing release concentration limits. Today's reality is that PFOS is not manufactured in or exported from Canada, nor is it used or imported into Canada in significant quantities.
In 2000 the major global manufacturer of PFOS announced a voluntary phase-out of production of this substance by 2002. Prior to 2002 the primary uses of PFOS in Canada were for applications involving water, oil, soil and grease repellents for fabric, leather, packaging, rugs and carpets, as well as additives in firefighting foams, aviation hydraulic fluids, photographic photofinishing, paints and coatings.
Since 2002 the majority of PFOS imports and uses in Canada have ceased. In comparison to early PFOS import and use data whereby seven industrial sectors were involved, a survey of Canadian industry confirms that after the phase-out for the 2004 calendar year, PFOS is imported and used by only a single industrial sector.
With the exception of the existing stockpile of PFOS based firefighting foam that is used to extinguish fuel fires, all other stockpiles of PFOS in Canada have now been exhausted. It is estimated that this reduction in use in Canada since 2002 has resulted in a significant decrease in releases to the environment. Also, PFOS products and formulations are largely unavailable to the average Canadian consumer.
The Department of the Environment plans to pursue actions that will ensure PFOS does not re-enter the Canadian marketplace and address the remaining exposure sources. Stakeholders will be given a formal opportunity to participate in consultations shortly following the distribution of the proposed PFOS risk management strategy. The ultimate objective of this strategy will be a total phase-out of PFOS in Canada.
The strategy will propose an action plan to address the environmental risks associated with PFOS in Canada and outline a proposed approach on the virtual elimination list. Stakeholders, including the public, industry, non-governmental organizations and provincial and territorial governments will have an opportunity to comment on this strategy through various forums. Further consultations with stakeholders will be held as the Department of the Environment proceeds with the implementation of the strategy and develops appropriate preventive and control instruments.
The Department of the Environment's ability to fully consult with stakeholders on the strategy, the approach to virtual elimination and any proposed preventive and control instruments that may follow would be limited under the timeline specified in proposed Bill C-298.
Bill C-298 is proposing to develop regulations prescribing release concentration limits of PFOS within nine months of specifying its levels of quantification. Given that most industrial and commercial uses of PFOS have already ceased in Canada, the key remaining source of exposure is through municipal landfills and waste water treatment plants.
Potential releases of PFOS from those sources are expected from the disposal and use of consumer articles which were treated with PFOS as a repellant prior to 2002. These consumer articles include rugs and carpets, furniture, fabrics, leather articles, packaging and photographic material. A proposal to regulate the concentration of PFOS released from municipal landfills and waste water treatment facilities would require careful analysis to identify the availability of technology to capture or reduce PFOS from those sources and to determine if release concentration regulation is the most practical and cost-effective means of protecting the environment.
The Department of the Environment is continuing to work with the international community on PFOS. The approaches taken in other jurisdictions will be considered during the development and implementation of proposed actions in Canada.
The U.S. Environmental Protection Agency has established three significant new use rules, SNURs, in 2002, 2003 and 2006 to control PFOS and its precursors and other perfluorinated compounds. The United Kingdom has proposed restrictions on the supply and use of PFOS. Sweden has filed a proposal for a national ban on PFOS with the European Commission. The European Union has proposed market instruments and use restrictions for PFOS in 2006.
PFOS is under consideration for addition to the United Nations Economic Commission for Europe convention on long range transboundary air pollution and the protocol to the Stockholm convention which addresses persistent organic pollutants. PFOS continues to pass review steps for inclusion in the protocol and convention.
Canada will continue to engage our international partners in global action to eliminate the remaining uses and production of PFOS around the world and to complement our domestic actions. Supporting these efforts is critical to addressing the long range transport of PFOS into the Canadian environment and the ultimate global phase-out of these substances.
The Department of the Environment is committed to pollution prevention and the control of toxic substances. The necessary steps will be taken to continue the protection of the Canadian environment, especially in our Arctic ecosystems and to further minimize impacts on a global scale.