March 2017

Risk Management notice 2017 s.71 Walk-through Webinar- Speaking Notes

Title slide (1)

  • Hello and welcome to the information sessionon the Section 71 Noticesto provide information for the risk management of certain substances – Summer and Fall 2017.
  • My name is Angelique Petropoulos from Environment and Climate Change Canada, and I will be your presenter today.
  • This presentation will walk through the mandatory noticesthat werepublished under section 71 of the Canadian Environmental Protection Act, referred to from here on as CEPA.
  • 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 Information Lineand the contact information will be provided to you at the end of this presentation.

Overview (2)

  • First, we will identify the deadlines and key dates; provide background information on this data gathering initiative to inform the risk management of these substances and give you an overview of the section 71 Notice.
  • Following that, we will go through the mandatory notice itself, look 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.

Timelines/Key Dates (3)

  • Two notices were published on April 1st2017 and we will refer to each of them as the Summer 2017 Notice and the Fall 2017 Notice.
  • The deadline for the Summer 2017 Notice is June 28, 2017 at 3 pm Eastern Daylignt Saving Time and the deadline for the Fall 2017 Notice is September 27, 2017 at 3 pm Eastern Daylight Time.
  • If you meet the requirements to respond to the Notices, you must provide a response no later than the specified deadlines and they must be submitted using Environment and Climate Change Canada’s Single Window reporting system, elsewhere referred to as the ‘online reporting tool’.
  • If you require more time to comply by the above deadlines, you may request an extension which must be submitted in writing to the Substances Management Coordinator at least five business days prior to the applicable deadlines to be processed.
  • The request should include a brief rationale for the extension request, the substances, if known, and the full company name and contact information.
  • The Guidance Document is available on the Chemical Substances website and accessible as a PDF document.
  • You are encouraged to refer to the Guidance document for completing these Notices. This document provides a more detailed guidance with examples on how to complete the required sections.
  • Mandatory responses must be submitted using the online reporting system.

Background (4)

  • The purpose of this notice is to gather information on approximately 80 toxic and proposed toxic substances and this information will be used to inform the risk management programs at Environment and Climate Change Canada and Health Canada.
  • Risk management, informed by data gathering to obtain current market trends, is applied to substances that pose a risk, such as substances that are concluded “toxic”as defined under section 64 of CEPA, in order to minimize or eliminate that risk.
  • If a risk management instrument has been in place for some time and the government is not satisfied that the risk has been sufficiently prevented or reduced, it can take further action.

Context (5)

  • Data is being collected through these Notices to inform “whether to control, or the manner in which to control a substance, including a substance specified on the List of Toxic Substances in Schedule 1” of CEPA. This means
  • to identify whether there are new sources of exposure that may require risk management;
  • to inform the development and design of risk management instruments; or
  • to inform performance measurement and amendments to existing risk management instruments.

Performance Measurement (6)

  • Performance measurement is the process of evaluating how effective risk management actions have been.
  • This involves collecting updated data and comparing it to baseline data;and we evaluate the progress towards achieving established objectives.
  • Outcomes of performance measurement may include:
  • Amendments to existing instruments;
  • Creating new instruments, if new sources requiring risk management are identified or if an instrument is not effective;
  • Collecting more data, or tracking and monitoring trends; or
  • No further action is required.

Summer and Fall 2017 Notices (7)

  • The substances subject to these two Notices are toxic or proposed toxic.
  • Risk management instruments are already in place for some of the toxic substances in the Notices, and will be developed for others.
  • For substances that are proposed as toxic, risk management options will need to be identified.
  • The Summer 2017 Notice contains approximately 31 substances which have been divided into 4 parts and the Fall 2017 Notice contains50 substances dividedinto 5 parts, as detailed in Schedule 1 for each Notice.

Summer 2017 Notice – Substances in Schedule 1 (8)

  • The Summer 2017 Notice has 4 parts to Schedule 1 and includes the following substances.
  • Part 1 is concerned with any hexavalent chromium compounds, including the 25 substances identified in Schedule 1.Any hexavalent chromium compound is reportable.
  • Part 2 contains two CAS RNs for the products obtained from the reaction between 2-propanone and diphenylamine. The first CAS RN refers to the reaction mixture, also known as PREPOD, while the second one refers to the resulting polymer.
  • Part 3 is concerned with Dechlorane Plus and Decabromodiphenyl ethane,known as DBDPE, which are flame retardants as well asDecabromodiphenyl ether,known as DecaBDE, which is a toxic substance listed in Schedule 1.
  • Finally, Part 4 includes any refractory ceramic fibres, known as RCFs, including CAS RN 142844-00-6. All RCFs are reportable.

Fall 2017 Notice – Substances in Schedule 1 (9)

  • TheFall 2017 Notice has 5 parts to Schedule 1 and includes the following substances.
  • Part 1 is comprised of Toluene Diisocyanates, known as TDIs.
  • Part 2 has only one substance and it is a phenol derivative, known as DTBSBP.
  • Part 3 is concerned with a phenol derivative, known as 2,4,6-TTBP.
  • Part 4 deals with Bis(2-ethylhexyl) phthalate, known as DEHP.
  • Part 5 comprises of Tetrachloroethylene, trichloroethylene, and 45 CAS RNs associated with nonylphenol and its ethoxylates, all of which are known as PERC, TCE and NPEs respectively.
  • Information is being collected for these listed in both the Summer 2017 and Fall 2017 Notices for various reasons. For example, hexavalent chromium compounds and RCFs require data because amendments are being proposed and there is a need to inform the design of the next iterations of these instruments.
  • For PREPOD and DecaBDE, instruments are under development and data is required to inform the design of these instruments and identify persons who have an interest in these substances and can be informed of consultations on these instruments.

Reporting Criteria – Summer 2017 notice(10)

  • The reporting years are 2015 and 2016; however, reporting is required for the most current year in which the specific activity took place.

Reporting Criteria – Summer 2017 notice (11)

  • Schedule 2 of this Notice describes who the Notice applies to, based on factors such as type of activity with the substance, whether it is manufactured, imported or used, the calendar year of the activity, and the quantity and concentration of the substance.
  • If you meet the reporting criteria specified in Schedule 2 of the Summer 2017 Notice, then it is mandatory to provide the information requested in this Notice by the reporting deadline, which is June 28th, 2017.
  • The notice applies to any person who, during either the 2015 or 2016 calendar year, manufactured a total quantity greater than 25 kg of a substance described in Part 1 of Schedule 1 or 100 kg of a substance described in Parts 2 to 4 of Schedule 1.
  • Note that “manufacture” refers to the manufacture to the substance itself and includes the incidental production of a substance.

Reporting Criteria – Summer 2017 notice (12)

  • The reporting criteria for the import of a substance listed in the Summer 2017 Notice, during either the 2015 or 2016 calendar year, are as follows.
  • This Notice applies to any person who imported a substance described in Part 1, at a total quantity greater than 25 kgwhether the substance is alone or at a concentration greater than or equal to 0.1% byweight in a mixture or product.

This Notice applies to any person who imported:

-Atotal quantity greater than100 kgof a substancedescribed in Part 2, whether they are alone or at concentration greater than or equal to 0.1% by weight in a mixture or product;

-A total quantity greater than 100 kg of a substancedescribed in Part 3, whether alone or at concentration greater than or equal to 0.1% byweight in a mixture, product or manufactured item, as specified in the list of categories, which will be provided at a later time in this presentation; or

-A total quantity greater than 100 kg of a substancedescribed in Part 4, whether alone or at concentration greater than or equal to 0.1% byweight in any mixture, product ormanufactured item.

Reporting Criteria – Summer 2017 notice (13)

  • The reporting criteria for the use of a substance listed in the Summer 2017 Notice, during either the 2015 or 2016 calendar year, are as follows.
  • This Notice applies to any person who used a total quantity greater than 25 kgof a substance described in Part 1, whether alone or at a concentration greater than or equal to 0.1% byweight in a mixture or product to performchromium electroplating, chromium anodizing or reverse etching.
  • This Notice also applies to any person who used a total quantity greater than 100 kgof a substance described in Part 2 or Part 3, whether the substance is used alone to make a mixture, product or manufactured item, or
  • Whether the substance is at a concentration greater than or equal to 0.1% byweight in a mixture or product used to makea mixture, product or manufactured item.
  • Finally, this Notice applies to any person who used a total quantity greater than 1000 kgof a substance described in Part 4, whether the substance is used alone or at a concentration greater than or equal to 0.1% byweight in a mixture or product.

Reporting Criteria – Fall 2017 notice (14)

  • If you meet the reporting criteria specified in Schedule 2 of the Fall 2017 Notice, then it is mandatory to provide the information requested in this Notice by the reporting deadline, which is September 27th, 2017.
  • This Notice applies to any person who, during the 2015 or 2016 calendar year, manufactured a total quantity greater than 100 kg of a substance described in Schedule 1.
  • This Notice also applies to any person who, during either the 2015 or 2016 calendar year, imported a total quantity greater than 100 kg of a substance described in Parts 1 to 5, whether the substance is:

-Alone;

-listed in Part 1,Part 4 or Part 5 and at a concentration greater than or equal to 0.1% byweight in a mixture or product;

-listed in Part 2 and at a concentration greater than or equal to 0.01% byweight in a brake fluid;

-listed in Part 3 and at a concentration greater than or equal to 0.01% byweight in a fuel or lubricant; or

-listed in Part 4 or Part 5 and at a concentration greater than or equal to 0.1% byweight in a reportable manufactured item.

Reporting Criteria – Fall 2017 notice (15)

  • The following reporting criteria relate to use activity as described in Schedule 2 of the Fall 2017 Notice.
  • This Notice applies to any person who, during the 2015 or 2016 calendar year, used a total quantity greater than 100 kg of a substance, whether the substance is:

-listed in Part 1 or Part 4 and used alone to makea mixture, product or manufactured item;

-listed in Part 1 or Part 4 and at a concentration greater than or equal to 0.1% byweight in a mixture or product used to makea mixture, product or manufactured item;

-listed in Part 2 and used to makea brake fluid, where the concentration of the substance in the brake fluid is greater than or equal to 0.01% byweight;

-listed in Part 2 and in a brake fluid andused for re-packaging purposes, where the concentration of the substance in the brake fluid is greater than or equal to 0.01% byweight;

-listed in Part 3 andused to makea fuel or lubricant, where the concentration of the substance in the fuel or lubricant is greater than or equal to 0.01% byweight; or

-listed in Part 3 and in a fuel or lubricant used for re-packaging purposes, where the concentration of the substance in the fuel or lubricant is greater than or equal to 0.01% byweight.

  • Finally, this Notice applies to any person who, during the 2015 or 2016 calendar year, used a total quantity greater than1000 kg of a Part 5 substance, whether the substance is used:

-Alone; or

-at a concentration greater than or equal to 0.1% byweight in a mixture or product.

Reporting Criteria – Manufactured items (16)

  • This table illustrates the categories of the reportable manufactured items along with examples for both the Summer and Fall 2017 Notices. In some cases, a category might only apply to the Fall 2017 Notice.
  • For more examples of reportable manufactured items, please refer to the Guidance Document.

Reporting Criteria – General Notes (17)

  • Please note the following:
  • The phrase, "used to manufacture", refers to creating or producing a mixture, product or manufactured item.
  • Clarification on other terms such as manufacture, import, manufactured item, mixture or product can be found in Section 3of the Guidance Document available on the Chemical Substances website and the address is provided on this screen.
  • If your company owns more than one facility, you must consider the reporting criteria on a company-wide basis as a total from all facilities.

Reporting Diagram for substances in Summer 2017 Notice – Part 1 (18)

  • To help determine whether you are required to respond to the Notice, reporting diagrams are provided here and in section 3.1.2 of the Guidance Document.
  • Let’s take a look at the first diagram forPart 1 substances of the Summer 2017 Notice. First, you need to determine if you had activities with these substances as set out in Schedule 2 of the Notice during the 2015 or 2016 calendar year.
  • The questions within the grey boxes relate to the three possible activities: manufacture, importand use of a Part 1 substance in the Summer 2017 Notice.
  • The first grey box asks if you imported or used the substance in 2015 or 2016.If you answered “yes” then you should follow the “yes” arrow to the next question that determines if the substance was imported or used alone or at a concentration greater than or equal to 0.1% byweight in a mixture or a product.
  • If you answered “yes” to this question, then follow the arrow to the next question that asks if the total quantity of the substance was greater than or equal to 25 kg.
  • If you meet the above thresholds, then follow the “yes” arrow to the question that asks if you meet the reporting criteria for the 2016 calendar year. If you answered “yes”, then you are required to report your activity for 2016. If not, then you are required to report your activity for 2015.
  • If we go back to the top, let’s follow the diagram for the second grey box that applies topersons who manufactureda Part 1 substance in the Summer2017 Notice in either 2015 or 2016.
  • In a similar manner as before, if the answer is “yes”, we follow the arrow to the question that asks whether the total quantity of the substance was greater than or equal to 25 kg.
  • If you answered “yes”, please proceed to the last common question to determine which calendar year you are required to report for your activity.
  • If you answered “no” to any of the previous questions – for either manufacture, import or use – then you are not legally required to respond; however we encourage you to submit a Declaration of Stakeholder Interest or a Declaration of Non-Engagement,as applicable. These declarations will be discussed later in the presentation.

Reporting diagram for substances in Summer 2017 Notice – Part 2 and Fall 2017 Notice – Part 1 (19)

  • There is a different diagram for each unique combination of reporting criteria.
  • This diagram applies to both Part 2 substances for the Summer 2017 Notice and Part 1 substances for the Fall 2017 Notice.
  • As before, to determine if you have an activity with a substance specified by this diagram, you begin at the top of the diagram and follow the appropriate arrows. The quantity and concentration thresholds for these substances are 100 kg and 0.1% by weight, respectively.

Reporting diagram for substances inFall 2017 Notice– Parts 2 and 3 (20)

  • This diagram applies to Part 2 and Part 3 substances for the Fall 2017 Notice.
  • To determine if you have an activity with a substance specified by this diagram, you begin at the top of the diagram and follow the appropriate arrows. The quantity and concentration thresholds specific for these substances are 100 kg and 0.01% by weight, respectively.

Reporting diagram for substances in Summer 2017 Notice – Part 3 and Fall 2017 Notice – Part 4 (21)

  • This diagram applies to both Part 3 substances for the Summer 2017 Notice and Part 4 substances for the Fall 2017 Notice.
  • This diagram is similar to the ones we’ve just seen with quantity and concentration thresholds of 100 kg and 0.1% by weight, respectively, except now there is an additional box asking whether you imported a substance in a reportable manufactured item. If you answered “yes” to this question, then you move on to the next question on the diagram.

Reporting diagram for substances in Summer 2017 Notice – Part 4 and Fall 2017 Notice – Part 5 (22)

  • This last diagram applies to both Part 4 substances for the Summer 2017 Notice and Part 5 substances for the Fall 2017 Notice.
  • As the last diagram, there is an additional box asking whether you imported a substance in a manufactured item. The quantity thresholds for the substances are specified in this diagram as100 kg if a substance was manufactured or imported and 1000 kg if a substance was used. The concentration threshold is 0.1% by weight.

Exclusions(23)

  • Schedule 2 of both the Summer 2017 and Fall 2017 Notices provides a list of exclusions.
  • Specifically, theseNoticesdo not applyto a substance listed in Schedule 1 that is in transit through Canada or if the substance is registered under the following:
  • The Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations
  • The Fertilizers Act
  • The Feeds Act, or
  • The Seeds Act

How to Submit the Information(24)

  • If you meet the reporting requirements to respond to either of these Notices, you must provide a response by the specified deadline. Responses must be submitted using the CMP reporting module via Environment and Climate Change Canada’s Single Window.
  • To determine which sections of Schedule 3 need to be completed, the initial information provided under the “Substances to Report” page and “Sections Applicable” page will determine the applicable sections that pertain to your case.
  • Section 5 of the Guidance Document provides tables illustrating the sections of Schedule 3 that apply to each substance and activity.
  • Now we will go through the different sections of the Notices. Please note that the sections in Schedule 3 are the same for both Notices. It is only the list of substances and their related activities and reporting thresholds that differ.

Section 5 – Year of Activity (25)