Petroleum Substances S.71 Walk-Through Webinar- Speaking Notes

September 2015

Petroleum Substances s.71 Walk-through Webinar- Speaking Notes

Title slide (1)

·  Hello and welcome to the information session on the Section 71 Notice with respect to certain petroleum substances on the Domestic Substances List.

·  Myself, Angelique Petropoulos from Environment Canada, and my colleague, Mark Barlow from Health Canada, will be your presenters today.

·  This presentation will walk through the mandatory notice that was published on July 25th under section 71 of the Canadian Environmental Protection Act.

·  All hyperlinks embedded in this presentation are functional and can be accessed through the downloadable PDF version of the presentation.

·  Questions regarding this session may be sent to the Substances Management Coordinator and the contact information will be provided to you at the end of the presentation.

Overview (2)

·  First we will explain information gathering that has taken place to date, and we will give you an overview of section 71 of the Canadian Environmental Protection Act, referred to from here on as CEPA 1999.

·  Following that, we will go through the mandatory notice itself, looking at who it applies to and the type of information that is required, as well as how to respond to the Notice.

·  And, as mentioned, contact information is provided for any questions you may have.

Information Gathering (3)

·  In March of this year, a voluntary information gathering activity was conducted to gather information on the uses and applications for 89 of the priority petroleum substances.

·  Additional information is sought on 70 of these petroleum substances and in July, a mandatory section 71 Notice was published to gather this information.

Background - Section 71 of CEPA 1999 (4)

·  Under section 71 of CEPA 1999, the Government can issue notices to gather information that is required to support the risk assessment and risk management of substances.

·  If you are subject to the Notice, you are legally required to provide the information requested by the date specified.

·  You are required to provide information in your possession or to which you are reasonably expected to have access, but you are not required to conduct testing to comply with this Notice.

·  Examples of the type of information that a company is reasonably expected to have access to include import data and records, Safety Data Sheets and information from suppliers.

Overview of the Notice (5)

·  On July 25th, 2015, a Notice was published under section 71 of CEPA for 70 of the remaining petroleum substances on the DSL. The deadline to respond to the Notice is October 20th, 2015 at 5 p.m. Eastern Daylight Time.

·  An electronic copy of the Notice and the supporting Guidance Document are available at the Chemical Substances Website.

·  We highly recommend reading the guidance document as it contains details and examples that will help you better understand this Notice.

·  The purpose of the Notice is to gather qualitative information on the import and blending or formulation activities for the certain petroleum substances.

·  Schedule 1 of the Notice lists the reportable substances by their respective Chemical Abstract Services Registry Number, commonly known as the CAS RN.

·  Note that we suggest identifying the substances listed in Schedule 1 that you are going to report on prior to beginning your data input using the online reporting tool. When adding a substance to your online submission, the search command can only return a maximum of 50 records, which means the full list of reportable substances, will not be displayed. Substances are most effectively selected using more refined search terms. In order to help you select your substances, we have included, on the dashboard, a link to the full list of substances reportable under the notice.

Persons Required to Provide Information (6)

·  Schedule 2 of the Notice describes who the Notice applies to, based on factors such as: the type of activity with a substance, for example import, calendar year of the activity, concentration and quantity of the substance.

·  If you meet the reporting criteria specified in Schedule 2, then it is mandatory to provide the information requested in the Notice by the date specified, which for this Notice is October 20th, 2015.

·  The Notice applies to any person who, during the 2014 calendar year, imported a total quantity greater than 1 000 kg of a reportable substance, at a concentration equal to or above 1% by weight, whether alone, in a mixture or in a product.

·  The Notice also applies to any person who, during the 2014 calendar year, used a total quantity greater than 1 000 kg of a reportable substance, at a concentration equal to or above 1% by weight, whether the substance is used alone or in a mixture, to formulate or blend into a mixture or product.

·  The Notice does not apply to any person who, during the 2014 calendar year, manufactured a reportable substance in Canada.

·  If you have determined that you must respond to the Notice, your response should be submitted using the CMP online reporting system through Environment Canada’s Single Window. Information on how to submit your response will be provided later in the presentation.

·  Note, when responding to the Notice, that if you have more than one facility, you must include information with respect to each facility in a single response on behalf of the entire company.

Reporting Diagram for Schedule 1 substances (7)

·  To help determine whether you are required to respond to the Notice, a Reporting Diagram is provided here and in the Guidance document. Note that you can download the Guidance Document directly from the Chemical Substances website.

·  Let’s take a look at the diagram. First, you need to determine if you had activities with a reportable substance listed in Schedule 1 of the Notice during the 2014 calendar year. As previously mentioned, domestic manufacturers of a reportable substance have no legal obligation to report.

·  The first question asks about your activity and applies to:

-  Persons or companies who imported the substance alone, in a mixture or in a product, and

-  Persons or companies who used a substance to formulate or blend into a mixture or product.

·  If you answered “yes” to the first question, then the next question to consider is whether the total quantity of the substance that was imported or used in 2014 met the reporting threshold.

-  This Notice applies to reportable substances that were imported or used in a total quantity greater than 1000 kg during the 2014 calendar year.

·  There is also a concentration threshold in this Notice for reporting. If you answered “yes” to the second question, then you need to determine whether the substance that was imported or used met the concentration threshold:

-  This Notice applies to reportable substances that were imported or used at a concentration equal to or above 1% by weight.

·  If you answered “yes” to all three questions in the diagram, then you are legally required to respond to the Notice. If you answered “no” to at least one of the questions, then you are not legally required to respond, however we encourage you to submit a voluntary Declaration of Stakeholder Interest or Declaration of Non-Engagement as applicable. These declarations will be discussed later in the presentation.

Exclusions (8)

·  Schedule 2 of the Notice also describes when the Notice does not apply.

·  The Notice does not apply to:

-a reportable substance, whether alone, in a mixture or in a product that:

·  is in transit through Canada;

·  is, or is contained in, a substance or product regulated or registered under the:

-  Regulations for the Export and Import of Hazardous Waste and Hazardous Recyclable Material,

-  Pest Control Products Act,

-  Fertilizers Act,

-  Feeds Act; or

-  Seeds Act;

·  is imported by a petroleum refining facility, upgrading facility or natural gas processing facility for uses other than formulation or blending into a mixture or product;

·  is a fuel or fuel additive or contained in a fuel or fuel additive;

·  is imported within an internal combustion engine; or within a closed hydraulic system or closed functional fluid system; or

·  is imported in an engine oil, brake fluid, steering fluid or other functional fluid.

Functional fluids are liquid or gaseous substances used for one or more operational properties in a system. Some examples of functional fluids include: heat transfer agents, transmission fluids, antifreezes and de-icing fluids.

Exclusions (cont’d) (9)

The Notice does not apply to:

-CAS RN 64742-14-9 or CAS RN 68131-77-1 that is imported in a product intended to be used by consumers

-In addition, if a person submitted information for a reportable substance as part of the voluntary information gathering phase conducted in 2015, a response to the Notice is not required for that substance. However, if a person was engaged with other reportable substances for which they did not provide information on voluntarily, they are required to respond to the Notice for those substances.

Also, it is important to note that the Notice does not apply to a reportable substance if it was:

·  manufactured in Canada

·  imported in a manufactured item

·  used in a manner other than blending or formulating or

·  used in a product or manufactured item to formulate or blend into a mixture, product, or manufactured item

Now, I will hand the presentation over to my colleague, Mark Barlow, who will walk you through the second half of this presentation.

Thanks, Angelique. I am Mark Barlow of Health Canada, and I will now continue the discussion on information requirements of the Notice.

Information Required (10)

·  Schedule 3 of the Notice lists definitions applicable to the Notice, and outlines the information that is required to be provided.

·  There are 2 sections of the Notice that need to be completed by anyone who meets the reporting criteria in Schedule 2:

-  Section 3: which requires Sector, Function & Application Information, and

-  Section 4: which requires Customer Information

Section 3: Sector, Function & Application Info (11)

·  Section 3 of the Notice is to be completed by importers and users for each substance listed in Schedule 1 that they imported or used in 2014, for which the reporting criteria have been met.

·  The information required includes:

-  The CAS Registry Number & the name of the substance

-  The six-digit NAICS code that is applicable to the company’s activity with the reportable substance.

§  NAICS codes are the North American Industry Classification System codes. They provide information on the types of sectors that are involved with a substance.

-  The Substance Function Codes that apply to the function of the substance itself for all activities, meaning import and use.

§  The list of codes and their descriptions is found in section 5 of the Notice and section 3.2.2 of the Guidance Document.

§  If none of the codes describe the function of the substance, code U999 should be used, and a written description of the function must be provided.

§  If the substance is an impurity, there is an option to select code U999I - Other (impurity), in the online reporting form. No additional description is required when using U999I for an impurity.

-  The Consumer and Commercial codes that apply to the use of the known or anticipated final reportable substance.

§  The list of codes and their descriptions is found in section 6 of the Notice, and section 3.2.2 of the guidance document

·  If none of the consumer and commercial codes apply to the substance, code C999 should be used, and a written description must be provided.

·  If a substance has more than one function or application, report all the applicable codes.

·  You are encouraged to provide additional details to describe the function or application in the “Notes” field of the online reporting form. This information is very useful to the Program.

Section 4: Customer Info (12)

·  Section 4 of the Notice is to be completed by importers and users for each substance listed in Schedule 1 that they imported or used in 2014, for which the reporting criteria have been met.

·  The information required includes:

-  The CAS Registry Number of the substance, and

-  The name, city and province of customers in Canada to whom the largest quantities of the substance was sold.

§  You are only required to provide a maximum of 20 persons in Canada, whom represent the largest quantities sold, and only the customers to whom you sold above 100 kg of the substance

§  Also, you are not required to provide customers that are petroleum refining facilities, upgrading facilities or natural gas processing facilities.

Request for Confidentiality (13)

·  Slide 13 on confidentiality: Section 313 of CEPA 1999 specifies that anyone who submits information in response to a section 71 Notice may request that the information submitted be treated as confidential.

·  Further information on how to request confidentiality can be found in the Guidance Document.

Joint Reporting (14)

·  Suppliers, who sell products containing reportable substances and who wish to protect their formulation information, may work with their customer to submit a blind submission.

·  A “Blind Submission” is a two-part submission where customers and their suppliers collaborate to meet the obligation to respond to the Notice.

·  The customer provides as much information as they can in response to the Notice, while the supplier submits the remainder of the information, in a separate submission.

·  Submission from each party should be directly sent to the Substances Management Coordinator. Contact information is available at the end of the presentation.

·  A cover letter should be included with both submissions to clarify that the supplier’s submission supports the customer’s submission.

·  Blind submissions cannot be submitted via the CMP online reporting tool. They must be submitted to the Substances Management Coordinator either by email or mail.