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UNITED NATIONS Rotterdam Convention on the Prior Informed UNITED NATIONS RC UNEP/FAO/RC/CRC.7/7 Rotterdam Convention on the Prior Distr.: General 20 December 2010 Informed Consent Procedure for Certain Hazardous Chemicals and English only Pesticides in International Trade Chemical Review Committee Seventh meeting Rome, 28 March–1 April 2011 Item 4 (c) (iv) of the provisional agenda∗ Technical work: review of notifications of final regulatory action: perfluorooctane sulfonate, its salts and its precursors Perfluorooctane sulfonate, its salts and its precursors Note by the Secretariat 1. Under Article 5 of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, when the Secretariat has received at least one notification of final regulatory action to ban or severely restrict a chemical from each of two prior informed consent (PIC) regions containing the information required in Annex I to the Convention, it shall forward the notifications and accompanying documentation to the members of the Chemical Review Committee. The Committee shall review the information provided in such notifications and, in accordance with the criteria set out in Annex II to the Convention, recommend to the Conference of the Parties whether the chemical in question should be included in Annex III to the Convention and whether a decision guidance document should be drafted. 2. The Secretariat has received four notifications of final regulatory action relating to the use of perfluorooctane sulfonate, its salts and its precursors as industrial chemicals that meet the information requirements of Annex I from three PIC regions: North America (Canada), Europe (the European Union) and Asia (Japan). Japan has submitted two separate notifications: one for perfluorooctane sulfonate and its salts, and the other for perfluorooctane sulfonyl fluoride. Summaries of these notifications were included in PIC Circular XXXII of December 2010. The notifications, as received from the notifying countries, are set out in the annex to the present note. 3. The supporting documentation provided by Canada, the European Union and Japan is set out in documents UNEP/FAO/RC/CRC.7/7/Add.1, Add.2 and Add.3, respectively. ∗ UNEP/FAO/RC/CRC.7/1. K1063376 040211 UNEP/FAO/RC/CRC.7/7 Annex ____________________ 2 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade sÞffi@ FORM FOR NOTIFICATION OF FINAL REGULATORY ACTION TO BAN OR SEVERELY RESTRICT A CHEMICAL Country: Canada SECTION 1 IDENTITY OF CHEMICAL SUBJECT TO THE FINAL REGULATORY ACTION 1.1 Common name Perfluorooctane Sulfonate (PFOS), its salts and its precursors that contain one of the perfluorooctylsulfonyl moieties (CeFrzSOz, CBFTTSOg or CsF17SO2N) (N-EtFOSE, N-MeFOSE, N-EIFOSA, N-MeFOSA, PFOSA) Note: PFOS may refer to any of its anionic, acid or salt form; precursors are incorporated in a variety of compounds which have the potential to transform or degrade back to PFOS in the environment. 1.2 Chemical name according PFOS salts: to an ¡nternat¡onally 1 -Octanesulfonic acid, recognized nomenclature 1 ,1 ,2,2,3,3,4,4,5,5,6,6,7 ,7 ,g,g,g-hepatdecf luoro- (e.9. IUPAC), (perfluorooctane sulfonate) potassium salt; where such nomenclature 1 -Octanesulfonic acid, exists 1,1,2,2,3,3,4,4,5,5,6,6,7,7,9,9,9- hepatdecf I u oro- (perfluorooctane sulfonate) ammonium salt; 1 -Octanesulf onic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,9,9,9- h epatdecf I uoro- (perfluorooctane sulfonate) diethanolamine salt Precursors: N-EtFOSE: 1 -Octanesulfonamide, N-ethyl- 1 ,1 ,2,2,3,3,4,4,5,5,6,6,7 ,7 ,g,g,g-heptadecaf luoro- N-(2-hydroxyethyl)-( N-ethylperf luorooctane sulf onam idoethanol); N-MEFOSE: 1 -Octanesulfonamide, 1 ,1 ,2,2,3,3,4,4,5,5,6,6,7 ,7 ,B,g,g-heptadecaf luoro- N-(2-hyd roxyethyl)-N-methyl-(N - methylperf luorooctane sulf onam idoethanol); N-EtFOSA: 1-Octanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,9,9-h eptadecaf I uoro- (N-ethyl perfluorooctane sulfonamide); N-MeFOSA: 1-Octanesulfonamide, N-ethyl- 1 ,1 ,2,2,3,3,4,4,5,5,6,6,7 ,7 ,g,B,g-heptadecaf luoro- N-methvl-(N-met erf luorooctane sulfonam ide PFOSAA: Glycine, N-ethyl-N- [(heptadecaf luorooctyl)-sulf onyl]-, potassium salt (potassium -N-ethyl-N((hetadecaf luorooctyl)- sulf onyl-glycinate); Ethanaminium, N,N,N-trimethyl-2-[(2-methyl-1 - oxo-2-propenyl)oxyl-, chloride, polymer with 2- ethoxyethyl 2-propenoate, 2- [[(heptadecaf luorooctyl)sulf onyl]m ethylam inolethyl 2-propenoate and oxiranylm ethyl 2-m ethyl-2- openoate 1.3 Trade names and names of PFOS: preparations PFOS (K.); PFOS (NHo*); PFOS (DEA) Precu rsors: N-EIFOSE; N-MeFOSE; N-EIFOSA; N-MeFOSA; PFOSAA 1.4 Code numbers 1.4.1 CAS number PFOS (K.): 2795-39-3 PFOS (NHa"): 29081-56-9 PFOS (C¿Ht 1 NO2): 70225-1 4-B N-EIFOSE: 1691-99-2 N-MeFOSE: 24448-O9-7 Continued ... N-EIFOSA: 4151 -50-2 N-MeFOSA: 31506-32-B PFOSAA: 2991-51-7 Ethanam inium, N,N,N-lrimethyl-2-[(2-methyl-1 - oxo-2-propenyl)oxyl-, chloride, polymer with 2- ethoxyethyl 2-propen oate, 2- [[(heptadecaf luorooctyl)sulf onyl]m ethylam inolethyl 2-propenoate and oxiranylmethyl 2-m ethyl-2- noate : 92265-81-1 1.4.2 Harmonized System customs code 1.4.3 Other numbers (specif y the PFOS: numbering system) RTECS# KL2975OOO; EINECS# 203-860-0 1.5 lndication regarding previous notification on this chemical, if any 1.5.1 V '- This is a first time notification of final regulatory action on this chemical, T 1.s.2 ' This notif ication replaces all previously submitted notif ications on this chem ical. Date of issue of the previous notif ication: sEcÏoN 2 FINAL REGULATORY ACTION 2.1 r The chemical is: banned OR Tv severety restricted 2.2 lnformation specific to the final regulatory action 2.2.1 Summary of the f inal regulatory action The Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations are under subsection 93(1) and section 319 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). PFOS, its salts and its precursors are listed in the List of Toxic Substances in Schedule 1 of CEPA 1999. The manufacture, use, sale, offer for sale or import of PFOS, its salts and its recursors is prohibited with some limited number of exemptions listed below. 2.2.2 Reference to the regulatory document, e.g. where decision is recorded or published. Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations (SOR/2008-178) under CEPA 1999. 2.2.3 Date of entry into force of the f inal regulatory action May 29, 2008 2.3 Gategory or categories where the f inal regulatory action has been taken 2,3.1 All rlse ôr usês of lhe cheminal in rrarrr nrinr ln tha final ¡aat |alartt ot All use or uses of the chemical in your ^.ìnnlrì,country prior to the f¡nal regulatory action The principal applications for PFOS, its salts and its precursors are water, oil, soil and grease repellents for use on surface and paper-based applications, such as rugs and carpets, fabric and upholstery, and food packaging. PFoS, its salts and its precursors also have specialized chemical applications, such as fire- fighting foams, hydraulic fluids, carpet spot removers, mining and oil well surfactants, fume suppressant and other specialized chemical formulations. 2.3.2 Final regulatory action has been taken for the category F lndustrial or uses rohibited b the f inal re ulat The Regulations prohibit the manufacture, use, sale, offer for sale or import of PFOS, its salts, its precursors or a product containing any such substance unless the substance is incidentally present. A limited number of exemptions are listed below. Use or uses that remain allowed (onlv in case of a severe restriction) The Regulations do not apply to PFOS, its salts and its precursors that are: (a) contained in a hazardous waste, hazardous recyclable material or non- hazardous waste to which Division 8 of Part 7 of CEPA 1999 applies; (b) contained in a pest control product within the meaning of subsection 2(1) of the Pest Control Products Act; (c) present as a contaminant in a chemical feedstock used in a process from which there are no releases of the substance and provided that, in that process, the substance is destroyed or completely converted to a substance other than one referred to in the section 1 of the Regulations; or (d) used in a laboratory for analysis, in scientif ic research or as a laboratory analytical standard. The manufacture, use, sale, offer for sale, or import of the following products containing PFOS, its salts or its precursors is permitted: (a) photoresists or anti-ref lective coatings for photolithography processes; and (b) photographic f ilms, papers and printing plates. The use, sale, offer for sale or import of aviation hydraulic fluid containing PFOS, its salts or its precursors is permitted. The use of PFOS, its salts or its precursors, or a product containing any such substance, as a fume suppressant in the following processes, as well as their sale, offer for sale or import for that use, is permitted until May 29,2013: (a) chromium electroplating, chromium anodizing and reverse etching; (b) electroless nickel-polyterafluoroethylene plating; and (c) etching of plastic substrates prior to their metalization. The use, sale or offer for sale of a manufactured item containing PFOS, its salts or its precursors is permitted if manufactured or imported before May 29,2008. The use of aqueous film forming foam (AFFF) containing PFOS, its salts or its precursors is permitted: (a) at any time, if the concentration of the substance is less than or equal to 0.5 ppm; or (b) until May 29, 2013, other than for testing or training purposes, if the concentration of the substance is greater than 0.5 ppm and the foam was manufactured or imported before May 29, 2008.
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