Guidance for responding to the Notice with respect to certain methylenediphenyl diisocyanate and diamine, and phenol, methyl- substances (the notice)

Published in the Canada Gazette Part I on June 16, 2012

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Information for Completion of the June 16, 2012 Section 71 Notice

• Introduction
• 1. What is the Purpose of the Notice?
• 2. Where Can I Get a Copy of the Notice?
• 3. What Substances are Reportable Under the Notice?
• 4. Who is Required to Respond to the Notice?
  • 4.1 Mixture, Manufactured Items and Products
  • 4.2 Do I Manufacture?
  • 4.3 Do I Import?
  • 4.4 Do I Use?
  • 4.5 Exclusions
• 5. How to Submit a Blind Submission?
• 6. Information Required in the Notice
  • 6.1 How do I Report the Total Quantities?
  • 6.2 What are the North American Industry Classification System codes?
  • 6.3 What are the Industrial Function Codes and Consumer and Commercial Codes?
  • 6.4 Code Numbering System for Industrial Function Codes and Consumer/Commercial Codes
  • 6.5 What is a Release?
  • 6.6 What is a Transfer to an Off-site Waste Management Facility?
• 7. How to Complete the Sections of Schedule 3 of the Notice
  • 7.1 Section 4 of Schedule 3
  • 7.2 Section 5 of Schedule 3
  • 7.3 Section 6 of Schedule 3
  • 7.4 Section 7 of Schedule 3
  • 7.5 Section 8(1) of Schedule 3
  • 7.6 Section 8(2) of Schedule 3
  • 7.7 Section 9 of Schedule 3
  • 7.8 Section 10 of Schedule 3
  • 7.9 Section 11 of Schedule 3
  • 7.10 Section 12 of Schedule 3
• 8. Information to Which you may Reasonably be Expected to have Access
• 9. Declaration of Non-engagement and Declaration of Stakeholder Interest
• 10. How and to Whom Do I Respond?
• 11. What is the Deadline for Responding?
• 12. What if I need an Extension?
• 13. Inquiries - Whom to Contact

Introduction

This document provides guidance for responding to the notice published in the Canada Gazette, Part I, on June 16, 2012, pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999 (the Act). The document is available for guidance only and, in case of discrepancy between this document and the notice or the Act, the official versions of the notice and the Act take precedence.

On October 8, 2011, the Minister of the Environment and the Minister of Health published in the Canada Gazette, Part I: Vol. 145 No. 41 that approximately 500 substances in nine groups have been selected as priorities for the second phase of the Chemicals Management Plan (CMP 2), and that are planned to be assessed over the coming five years.  These substances have been selected for action based on the Categorization exercise completed in 2006 required under section 73 of CEPA 1999, and new information received as part of the CMP 1.

As part of the CMP 2, two groups of substances outlined below will be assessed, and are part of the notice. These two substance groups were identified in general based on structural or functional similarities, and were assembled based on considerations related to assessment efficiencies, management efficiencies, the ability to support informed substitution decisions, timing of international actions and stakeholder engagement. In addition, data requests for these two substance groups were combined in one notice, due to their similar data needs. 

1. Methylenediphenyl diisocyanates and diamines substances group: is based on similarities in structure, toxicological properties and use. These substances are identified as high hazard substances by various agencies. The Domestic Substances List Inventory Update identified that these substances may have a wide range of consumer applications including: toys, playground sporting equipment, plastics, rubber, food packaging, paints and coatings, adhesives, and foam seating and bedding that could result in exposure to humans, including children. Some of these substances have been reported to be used in high volumes in Canada;
   
2. Internationally classified substances group: is based on high hazard potential as recognized by international agencies, and the substances in this group do not necessarily have similar structure, uses, sectors and modes of action. A survey conducted for the Domestic Substances List Inventory Update identified that these substances are in commerce in Canada and may have reported uses in consumer products and/or products intended to be used by or for children;

The first step is to collect basic data on the substances listed in Schedule 1 to the notice, in order to update the information available on quantities, uses, properties and commercial status. The information collected from the notice will inform both the human health and ecological risk assessment and possible risk management for these group-based evaluations.

In addition, the Ministers invite the submission of additional information by interested stakeholders. In particular, stakeholders are encouraged to provide data relating to physical-chemical, toxicity or any other properties of a substance, as well as data relating to the extent and nature of the management and stewardship of these substances. Stakeholders may also submit additional information with respect to these substances online, using the Stakeholder Interest Form available on the Government of Canada’s Chemical Substances web site.

The June 16, 2012 notice and all documents related to the collection of information are available through the Government of Canada’s Chemical Substances Website.

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1. What is the Purpose of the Notice?

The purpose of the notice is to gather information on seven methylenediphenyl diisocyanate and diamine substances, and one phenol, methyl- substance in order to inform risk assessment and possible risk management activities.

The information collected from the notice may be used for assessing whether a substance is toxic or capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance.

The type of information being collected includes:

• whether the substances covered under the notice were manufactured, imported or used in Canada during the 2011 calendar year;
• the quantities of these substances manufactured, imported, used, or exported during the 2011 calendar year;
• the industrial sectors involved in the manufacture, import and use of the substances;
• the types of products, mixtures or manufactured items containing the substances;
• the purchasers of the substances;
• chemical identity information;
• release and waste management information
• summary of the manufacturing or use process with substances; and
• available unpublished data or studies on physical-chemical properties, toxicity, metabolism, degradation, or release of the substances from the final mixture, product or manufactured item.

Persons, including companies, having recent activity with respect to any of these substances may be contacted for follow-up.

2. Where Can I Get a Copy of the Notice?

The notice was published in Part I of the Canada Gazette, pursuant to paragraph 71(1)(b) of the Act on June 16, 2012. Links to view the notice published in the Canada Gazette can be found on the Government of Canada’s Chemical Substances Website.

3. What Substances are Included?

The notice includes a list of 8 substances considered as priority for action, and includes seven methylenediphenyl diisocyanate and diamine substances (Part 1 and 2 Substances), and one internationally classified substance (Part 3 Substance). The substances are listed below:

Schedule 1 to the Notice

It is important to note that polymeric MDA (CAS RN 25214-70-4) was not identified in the methylenediphenyl diisocyanates and diamines substance group, however, information is being collected on this CAS RN as it is believed to be a commercially relevant mixture containing 4,4-MDA (CAS RN 101-77-9).

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4. Who is Required to Respond to the Notice?

As outlined in Schedule 2 to the notice, the notice applies to any person who, during the 2011 calendar year, satisfied any of the following criteria:

A person must respond to the notice if they meet any of these reporting requirements.

For more information including examples, on what is a consumer and commercial activity, refer to Section 7.4 of this document.

The quantity of a substance that a person manufactured, imported or used should be determined based on the quantity of the substance itself, and not on the quantity of the product, mixture or manufactured item containing the substance. Examples of how to determine whether a company meets the reporting threshold are below:

Example 1:

1. Company meets the reporting threshold:
   In 2011, if your company imported 400 kg of Product X that contains 50% of a reportable substance, then a total quantity of 200 kg of the substance was imported. The reporting threshold is met.
   
2. Company meets the reporting threshold:
   In 2011, if your company imported 500 kg of Product X that contains 10% of a reportable substance and 300 kg of Product Y that contains 50% of the same reportable substance, then a total quantity of 200 kg of the substance was imported. The reporting threshold is met.
   
3. Company does not meet the reporting threshold:
   In 2011, if your company manufactured 80 kilograms of a reportable substance, then the reporting threshold is not met.

Subsection 71(3) of the Act states that every person to whom a notice was referred to under paragraph 71(1)(b) of the Act must comply with the notice within the time specified in the notice. The time specified in the notice is October 16, 2012, 5 p.m. Eastern Daylight Saving Time.

If the person subject to the notice is a company who owns more than one facility, a single response to the notice shall be submitted. The single response shall amalgamate the information from all facilities owned by the company for each applicable question in the notice, unless otherwise indicated.

4.1 Mixtures, Manufactured Items, and Products

A mixture is a combination of substances that does not produce a substance that is different from the substances that were combined.  For the purposes of the notice, mixtures include, but are not limited to, the following examples:

• prepared formulation,
• hydrate, and
• reaction mixture that are characterized in terms of their constituents.

A manufactured item is an item that is formed into a specific physical shape or design during manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design.

• For substances listed in Part 1 and 2 of Schedule 1 to the notice, manufactured itemsinclude, but are not limited to, the following examples:
  • foam seating and bedding
  • food packaging
  • toys, playground, and sporting equipment
  • formed automotive parts
  • plastics and rubber manufactured into a finished form
• For substances listed in Part 3 of Schedule 1 to the notice, manufactured items intended for use by consumers for non-commercial purposes include, but are not limited to, items where a consumer would potentially be exposed to the substance contained in the item (e.g. food packaging, and toys).  Examples of manufactured items that would not be intended for use by consumers for non-commercial purposes include items that are intended for industrial purposes (e.g. industrial machinery).

A product excludes mixtures and manufactured items.  For the purpose of the notice, products include, but are not limited to, the following examples:

• paints and coatings
• adhesives, binders and sealants
• spray-in foam

4.2 Do I Manufacture?

Schedule 2 to the notice specifies that the notice applies to any person who, during the 2011 calendar year, manufactured a total quantity greater than 100 kg of a substance listed in Schedule 1, at any concentration.

The manufacture of a substance relates to the creation or production of the substance itself, and not to the manufacture of a mixture, product or manufactured item containing the substance.

"Manufacture" includes to produce or to prepare a substance, and also the incidental production of a substance.

Incidental production of a substance may occur if, during the process of blending or formulating, a chemical reaction occurs that results in the production of a substance that is reportable under the notice.

It is important to note that for the purposes of the notice, using a substance listed in Schedule 1 (either alone, in a mixture or in a product) to create or produce a mixture, product or manufactured item would be considered as "used" in Schedule 2 (see Section 4.4 of this document for more information on the reporting requirements for users).

4.3 Do I Import?

Schedule 2 to the notice specifies that the notice applies to any person who, during the 2011 calendar year, imported a total quantity greater than 100 kg of a substance listed in:

• Part 1 or 2 to the notice at any concentration, whether alone, in a mixture, or in a product; or
• Part 3 to the notice at any concentration whether alone, in a mixture, in a product, or in a manufactured item intended for use by consumers for non-commercial purposes.

Import relates specifically to the movement into Canada from another country of any substance identified in Schedule 1 to the notice or any mixture, product or manufactured item that contains such a reportable substance.

If you are aware that an imported substance is listed in Schedule 1 to the notice, or that an imported mixture or product contains a substance listed in Schedule 1 to the notice, then you are required to report on this substance if you meet the reporting threshold.

If you are aware that an imported manufactured item intended for use by consumers for non-commercial purposes, contains a substance included in Part 3 of Schedule 1 to the notice, you are required to report on this substance if you meet the reporting threshold.

For the purpose of the notice, possible situations where you are considered to "import" include, but are not limited to, the following examples:

Example 2:

• You purchased a substance listed in Schedule 1 from a foreign supplier, and the substance was shipped directly from the foreign supplier to your location in Canada.
• You ordered a mixture containing a substance listed in Schedule 1 from a foreign source, and the mixture containing the substance was shipped directly from the foreign source to a distribution warehouse in Canada, on your request.
• You received a product containing a substance listed in Schedule 1 to the notice as an internal company transfer from a foreign source.
• You purchased a manufactured item that contains a substance listed in Part 3 of Schedule 1 to the notice from a foreign source, and the manufactured item was shipped directly from the foreign source to your location in Canada.  The manufacture item is intended for use by consumers for non-commercial purposes

Your activities do not meet the definition of "import" if you purchased or received a reportable substance or a mixture, product or manufactured item containing a reportable substance that was already located in Canada.

4.4 Do I Use?

Schedule 2 to the notice specifies that the notice applies to any person who, during the 2011 calendar year, used a total quantity greater than 1000 kg of a substance listed in:

• Part 1 or 2 to the notice at any concentration, whether the substance is used alone, in a mixture, or in a product, in the manufacture of a mixture, product, or manufactured item; or
• Part 3 to the notice at any concentration, whether the substance is used alone, in a mixture, or in a product, in the manufacture of a mixture; product; or manufactured item intended for use by consumers for non-commercial purposes.

Examples of uses that would meet the description above include:

Example 3:

• You blend a substance listed in Schedule 1 with other components to make Mixture Z.
• You react a substance listed in Schedule 1 with Substance C as a chemical intermediate to prepare Product Y.
• You use a substance listed in Schedule 1 as a catalyst to produce Product X.
• A substance listed in Schedule 1 is an impurity within Mixture W. Mixture W is blended with other components to make Mixture V.
• You use a product containing a substance listed in Part 3 of Schedule 1 with other components to make a manufactured item intended for use by consumers for non-commercial purposes.
• You blend a mixture containing a substance listed in Part 1 or 2 of Schedule 1 with other components to produce a manufactured item.

Examples of uses that would not meet the description above (i.e. because the use is not in relation to the manufacture of a mixture, product or manufactured item) include:

Example 4:

• You use Product X which contains a substance listed in Schedule 1 to service machinery and equipment, including machinery and equipment used in the manufacture of your products.
• You purchase Product Y which contains a substance listed in Schedule 1 from your supplier in Canada, and distribute the product to your customers. 
• You load a substance listed in Schedule 1 onto a carrier and ship the substance to three other companies.
• You use a substance listed in Part 3 of Schedule 1 to produce a manufactured item that is only intended for commercial purposes.
• You use a product containing a substance listed in Schedule 1 to paint a wall.

4.5 Exclusions

The notice does not apply to a substance in Schedule 1, whether alone, in a mixture, in a product or in a manufactured item that:

• Is in transit through Canada; or
• Is or is contained in a pest control product within the meaning of subsection 2(1) of the Pest Control Products Act, where that pest control product is registered under the Pest Control Products Act.

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5. How to Submit a Blind Submission?

Since customers may purchase several different mixtures, products or manufactured items that contain the substance, or may import the same item from several suppliers, it may be difficult to determine if the total quantity meets the threshold.

If a supplier knows/suspects that a customer should report, based on quantities purchased, the supplier may choose to inform the customer of this.

Customers may ask their suppliers if the products they purchase contain substances listed in Schedule 1 to the notice.  Suppliers looking to protect their formulations as confidential business information may be reluctant to provide the information to their customers.  In this case, suppliers and customers can work together in order for each person to provide the information via a "blind submission".

In a "blind submission", the customer responds to the section 71 notice, completing as much information as they can, and the supplier submits the information directly to the Substances Management Coordinator, to complete the submission.  A cover letter or note should be provided with each submission indicating that the supplier’s submission completes the customer’s submission.

For further information on how to submit a blind submission, contact the Substances Management Information Line (see Section 13 of this document for contact information).

6. Information Required in the Notice

6.1 How do I Report the Total Quantities?

Within the notice, it is necessary to report the total quantities of substances listed in Schedule 1 that were manufactured, imported, used, exported, sold, released, treated on site, and/or transferred to an off-site waste management facility during the 2011 calendar year, as follows:

• All quantities should be reported in kilograms (kg), rounded to 2 significant digits. For example:
  • 0.0368 rounded to 2 significant digits is 0.037
  • 541 231 rounded to 2 significant digits is 540 000
  • 831.29 rounded to 2 significant digits is 830
• The quantities reported in the notice must be for the substance itself, and not the quantity of the mixture, product or manufactured item containing the substance.
• Reporting "0" for quantity released indicates there were no releases of the substance during the 2011 calendar year. 
• If the release section is not applicable, you should indicate "n/a" in the appropriate field, and /or provide an explanatory note to further clarify, if necessary.

6.2 What are the North American Industry Classification System codes?

The North American Industry Classification System (NAICS) codes were developed by Statistics Canada, the U.S. Office of Management and Budget, and Mexico's Instituto Nacional de Estadistica Geografia e Informatica, to enable the national agencies to collect comparable statistical data.

For all substances, you are required to report each applicable six-digit NAICS code with respect to each of your activities with the substance, or the product, mixture or manufactured item containing the substance. The code will provide general information on the number and types of sectors involved with the substances listed in the notice.

To determine which NAICS code applies to the activity on which you are reporting, the NAICSCanada 2012 list of codes is available at the North American Industry Classification System (NAICS) Canada 2012 (note that the NAICScode(s) web address is case sensitive).

6.3 What are the Industrial Function Codes and Consumer and Commercial Codes?

Industrial Function Codes and Consumer and Commercial Codes were developed jointly among the United States Environmental Protection Agency, Health Canada and Environment Canada in order to facilitate the exchange of information between the United States and Canada and to encourage consistency in reporting on chemical substances by industry.

For all substances, you are required to report the Codes that apply to the industrial function of each reportable substance and/or the consumer/commercial codes on the use of a product, mixture or manufactured item containing the substance. Refer to sections 13 and 14 of the notice or Section 6.4 of the present document for the list of codes and their corresponding descriptions.

Industrial function code refers to the intended physical or chemical characteristic for which a chemical substance or mixture is consumed as a reactant; incorporated into a formulation, mixture, reaction product, or article; or used.

Consumer and Commercial Code refers to the use of a mixture, product or manufactured item containing a substance.

6.4 Code Numbering System for Industrial Function Codes and Consumer/Commercial Codes

All codes consist of one letter followed by a three-digit number. A basic structure of [Type], [Group #], [Code #] is applied to all codes where:

Example:

Code C203, "Building/Construction Materials - Wood and Engineered Wood Products", is a consumer and commercial code ([Type] is "C"), which belongs to group 2 ([Group #] is 2), and is the third code listed in this group ([Code #] is 03).

It is important to note that number 999 is reserved for the "Other" code in both industrial function codes (U999) and consumer and commercial codes (C999). When selecting this code, a written description of the industrial function or the use of a mixture, product or manufactured item containing the substance, must be provided, and the description should be as concise as possible.

Consumer and Commercial Codes

6.5 What is a Release?

The term "release" reads in subsection 3(1) of the Act as follows:

"release" includes discharge, spray, inject, inoculate, abandon, deposit, spill, leak, seep, pour, emit, empty, throw, dump, place and exhaust.

Release includes emission or discharge of a substance in any form (liquid, solid or gas) and in any media (air, water or soil), whether the release is intentional or non-intentional.

Following are examples of the different sources of releases of the substance either in solid (e.g., powder, pellet, etc), liquid (e.g., sludge, solution, etc) or gaseous (e.g., vapour, etc), state:

• emissions to air discharges through a stack, vent or other point release, losses from storage and handling of the substance or products containing the substance, fugitive emissions, spills and accidental releases, and other non-point releases;
• releases to surface waters – direct discharges to water bodies, including discharges to municipal wastewater and stormwater collection and/or treatment systems, spills and leaks;
• releases to land - underground injections, discharges to groundwater, and discharges resulting from spills, leaks and other.

6.6 What is a Transfer to an Off-site Waste Management Facility?

A transfer to an off-site waste management facility is any movement of a substance, including a mixture, product or manufactured item containing the substance,  to a facility, including a third party facility, which will handle, recycle or dispose of the substance (either as a recyclable, hazardous waste, or non-hazardous waste).

For the purpose of the notice, a transfer to an off-site waste management facility is not considered to be a release.

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7. How to Complete the Sections of Schedule 3 of the Notice

If you meet the reporting requirements as set out in Schedule 2 to the notice, then you must respond to the appropriate sections of Schedule 3 to the notice:

• If you manufactured or used a substance listed in Part 1 of Schedule 1:
  • complete sections 4 to 12, except for section 10 in Schedule 3;
• If you manufactured or used a substance listed in Part 2 or Part 3 of Schedule 1:
  • complete sections 4 to 12 in Schedule 3;
• If you imported a substance listed in Part 1 of Schedule 1:
  • complete sections 4 to 11, except for section 10 in Schedule 3;
• If you imported a substance listed in Part 2 or Part 3 of Schedule 1:
  • complete sections 4 to 11 in Schedule 3.

If you are a company who owns more than one facility, then you must respond to the notice on a company-wide basis, and your response for each applicable question in the notice should be an amalgamated response to include information from all facilities owned by the company, unless otherwise indicated in the notice.

You are required to provide information in your possession or to which you are reasonably expected to have access (see Section 8 of this document for more details on the information to which you may reasonably be expected to have access).

It is recognized that the substances listed in Part 2 of Schedule 1 may contain substances which are listed in Part 1 as monomers, reactants or components.  However, when responding to the sections of Schedule 3 to the notice, the information reported should be for the CAS RN that you manufactured, imported or used. It is not necessary to additionally report for each individual monomer, reactant or component of the CAS RN which is listed in Part 1, unless otherwise stated. 

As indicated in section 3 of Schedule 3 of the notice, if any of the information required under Schedule 3 to the notice was submitted to the Minister of the Environment, after January 1, 2007, it may be relied on as a response to any question in Schedule 3 to the notice if:

• the information previously submitted is applicable to the 2011 calendar year;
• the information meets the requirements of the specific question;
• the person agrees that the previously submitted information referred to is their response to the specified provision of Schedule 3 to the notice; and
• the person provides the following information:
• the CASRN of the substance(s) to which the submitted information relates;
• the specific section; subsection; or paragraph to the notice to which the submitted information relates;   
• for each CASRN, the title or description of the submitted information;
• the date on which the information was submitted;
• the name of the person who submitted the information; and
• the program and/or individuals at Environment Canada to which the information was submitted.

It is important to note that the previously submitted information is not required to be resubmitted under the notice; however the information specified in section 3 of Schedule 3 to the notice must be provided as an attachment to your submission.

Example 5:

During a voluntary data collection initiative, you provided 2010 data to the Minister of the Environment for a substance listed in Schedule 1 to the notice, and the data is still applicable for the 2011 calendar year.   

• You should reference the previously submitted information in response to the applicable section(s) of Schedule 3. 

7.1 Section 4 of Schedule 3

Identification and Declaration Form

The Identification and Declaration Form is provided for three reasons:

1. to request the identification and contact information of each person who responds to the notice;
2. to require certification of the accuracy of the response; and
3. to request confidentiality.

When responding to the notice, you must submit a signed version of the Identification and Declaration Form to the Minister of the Environment, to the attention of the Substances Management Coordinator.

Confidentiality requests

Pursuant to section 313 of the Act, any person who provides information in response to the notice may submit, with the information, a written request that it be treated as confidential. A request for confidentiality may be submitted for all or part of the information provided. When requesting confidentiality, specify the parts (e.g. sections, tables) of the information to be treated as confidential.

A request should only be made for information that is truly confidential.

When submitting a request for confidentiality, the following criteria should be considered:

• the information is confidential to your company and has consistently been treated as such by your company;
• your company has taken, and intends to continue to take, measures that are reasonable in the circumstances to maintain the confidentiality of the information;
• the information is not, and has not been, reasonably obtainable by third persons by use of legitimate means, except with the consent of your company;
• the information is not available to the public;
• disclosure of the information may reasonably be expected to cause substantial harm to the competitive position of your company; or,
• disclosure of the information may reasonably be expected to result in a material financial loss to your company or a material financial gain to your company’s competitors.

Upon receipt of a request for confidentiality under section 313 of the Act, in relation to information submitted pursuant to the notice, the Minister of the Environment shall not disclose that information, except in accordance with the law.

7.2 Section 5 of Schedule 3

For each substance listed in Part 1 of Schedule 1 that you manufactured, imported, or used, during the 2011 calendar year, in respect of which you meet the criteria set out in Schedule 2, you must provide the following:

• in column (a), CAS RN of the substance;
• in column (b), name of the substance;
• in column (c), the total quantity of the substance that was manufactured, imported, used, or exported. If more than one activity is applicable for a CAS RN, report the information as separate entries.
• in column (d), each applicable six-digit North American Industry Classification System (NAICS) code(s) that applies with respect to your activity with the substance, or with the mixture, product, or manufactured item containing the substance reported in column (a).

Example 6:

In 2011, you imported 385 kg of a substance listed in Schedule 1 and used 330 kg to manufacture a consumer product (paint), which has the applicable NAICS code 325510.  You exported 55 kg of the substance to your facility in the USA, where it will be used to manufacture paint.

7.3 Section 6 of Schedule 3

For each substance listed in Schedule 1, that you manufactured, imported or used, during the 2011 calendar year, in respect of which you meet the criteria set out in Schedule 2, you must provide the following:

• in column (a), CAS RN of the substance;
• in column (b), the applicable Industrial Function Code(s) that apply to the function of the substance as listed in column (a).
  • Industrial function refers to the intended physical or chemical characteristic for which a chemical substance or mixture is consumed as a reactant; incorporated into a formulation, mixture, reaction product, or article; or used. For example:
    • Substance is added to a mixture to reduce friction between moving parts in a machine or mechanism.
    • Substance is applied to the surface of a product to reduce its tendency to ignite when exposed to heat.
  • Choose the Industrial Function Code(s) that are consistent with the most complete and accurate information available to you.
  • If the substance has an industrial function that is not described within any of the Industrial Function Codes provided, then code U999 should be used. A written description of the industrial function of the substance must be provided when using this code and the description should be as concise as possible;
• in column (c),  the quantity of the substance that was manufactured, imported or used for each applicable Industrial Function Code listed in column (b).
  • The quantity of the substance for the Industrial Function Code listed in column (b) should be reported by activity.  For example, if you imported 1 500 kg of a substance for the Industrial Function code listed in column (b), then you would indicate the quantity in column (c) as:  1 500 (imported).
  • If you have more than one activity with a CAS RN for the Industrial Function Code listed in column (b), report the total quantity of the substance manufactured, imported or used as separate entries.  For example, if you imported 1 500 kg and used 1 000 kg of a substance for the same Industrial Function, then you would indicate the quantity in column (c) as:  1 500kg (imported), 1 000 kg (used).

Example 7:

In 2011, you imported 20 567 kg of a substance listed in Schedule 1. Of the quantity imported, 9 530 kg was used as a viscosity adjuster in an adhesive (Industrial Function Code U032) and 11 037 kg was used as a flame retardant in foam bedding (Industrial Function Code U011).

7.4 Section 6 of Schedule 3

For each substance listed in Schedule 1, that you manufactured, imported or used, during the 2011 calendar year, in respect of which you meet the criteria set out in Schedule 2, you must provide the following:

• in column (a), CAS RN of the substance;
• In column (b), applicable Consumer and Commercial Code(s) that apply to the substance alone, or to the mixture, product or manufactured item containing the substance listed in column (a).
  • Choose the Consumer and Commercial Code(s) that are consistent with the most complete and accurate information available to you; 
  • If none of the Consumer and Commercial Codes provided apply to the substance alone, or to the mixture, product or manufactured item containing the substance, then code C999 should be used. A written description of the use of the mixture, product or manufactured item containing the substance, must be provided when using this code and the description should be as concise as possible;
• in column (c), the total quantity of the substance for each applicable Consumer and Commercial Code listed in column (b);
• in column (d), for each applicable Consumer and Commercial Code listed in column (b), the known or anticipated final substance, mixture, product or manufactured item containing the substance;
• in column (e), for each applicable Consumer and Commercial Code listed in column (b), the concentration, or range of concentrations, of the substance by weight (w/w%) in the known or anticipated final substance, mixture, product or manufactured item containing the substance;
• in column (f), for each applicable Consumer and Commercial Code listed in column (b), the top five trade names representing the highest aggregate quantity of the substance. Trade names provided should be the trade names of your final substance, mixture, product or manufactured item containing the substance.
• in column (g), (h) and (i), for each applicable Consumer and Commercial Code listed in column (b), indicate with a "Yes" or "No" whether any known or anticipated final substance, mixture, product or manufactured item containing the substance is intended for use in commercial activities, for use in consumer activities, or for use by children.
  • Not all persons responding to the notice may know the exact or anticipated final use of the substance or the substance in the mixture, product or manufactured item, therefore, when completing this section of the notice, respond using the most complete and accurate information available to you.
  • Commercial activity refers to the use of a substance or the use of a mixture, product or manufactured item containing a substance, by a commercial enterprise providing saleable goods or services. For example:
    • Substance is contained in a mixture, and the mixture is sold to an enterprise as an automotive cleaning product.
    • Substance is contained in a product that is used by a company when providing their painting services to other persons or companies.
  • Consumer activity refers to the use of a substance that is directly, or as part of a mixture, a product, or a manufactured item, sold to or made available to consumers for their use in or around a permanent or temporary household or residence, a school, or a recreational area. For example:
    • Substance is contained in a product that is sold to consumers as a personal care product for cleaning teeth.
    • Substance is contained in food packaging items that are sold to consumers for their personal use.
  • When responding to whether the known or anticipated final substance, mixture, product, or manufactured item containing the reportable substance is intended for use by children, the following guidance can be considered:

In the spirit of harmonization with the U.S. EPA TSCA Inventory Update Reporting, for the purposes of the notice only, "children" are defined as the age of 14 or younger. Your substance, whether alone, in a mixture, in a product or in a manufactured item, is intended for use by or for children when you answer "yes" to at least one of the following questions:

1. Is the substance, whether alone, in a mixture, in a product, or in a manufactured item commonly recognized (i.e., by a reasonable person) as being intended for children age 14 or younger?
2. Does the manufacturer of the substance, or mixture, product, or manufactured item containing the substance, state through product labeling or other written materials that the product is intended for or will be used by children age 14 or younger?
3. Is the advertising, promotion, or marketing of the substance, or mixture, product, or manufactured item containing the substance, aimed at children age 14 or younger?

For example, among other items, certain manufactured items such as crayons, coloring books, diapers, and toy cars are typically to be used by children age 14 or younger. Certain products and manufactured items such as household cleaning products, automotive supplies, and lubricants are not typically intended to be used by children age 14 or younger.

Example 8:

In 2011, you imported 1 252 kg of a substance listed in Schedule 1, which was used as an intermediate in the production of polyurethane foam (Consumer and Commercial Code C102). The end products containing this substance were foam mattresses, which were sold directly to consumers. The concentration of the substance within the mattresses is 0.02%. The top trade names were Foam AB, Foam4Y, and Foam23.The mattresses are intended for consumer activities and intended for use by or for children.

7.5 Section 8(1) of Schedule 3

For each substance listed in Schedule 1, that you manufactured, imported or used, during the 2011 calendar year, in respect of which you meet the criteria set out in Schedule 2, you must provide the following:

• In column (a), the CAS RN of the substance,
• In column (b), list the endpoint that you have submitted unpublished data or studies on, for the CAS RN listed in column (1).  The endpoints for the specific CAS RNs which data or studies are needed are identified in the Endpoint Table below with an x.  Full data or studies should be submitted as an attachment to your submission.
• In column (c), the title(s) of the unpublished data or studies that have been submitted for the endpoint listed in column (b)

Leaching potential data or studies related to, for example,

• the proportion, quantity or concentration of the substance potentially leaching out of the product or manufactured item during its service life or use; and
• the proportion, quantity or concentration of the substance potentially leaching out of the product or manufactured item at its end of life.

For the purposes of the notice, data or studies are considered "unpublished" if it cannot be readily found using standard search engines (e.g. Scopus, Pubmed, Toxline, etc.). The unpublished data or studies submitted can be from any calendar year.

For CASRN 1319-77-3 (mixed cresols), if you have any unpublished data or studies pertaining to "environmental concentrations measured in wastewater effluents, surface water, ground water, drinking water, ambient air, indoor air, sediments and soils" for the isomers of this CAS RN (CAS RN 95-48-7, 106-44-5 and 108-39-4), you are encouraged to provide the data or studies on the isomers, or on the mixture (e.g., mixed cresols).

For substances listed in Part 1 and 2 of Schedule 1, if you have any unpublished data or studies pertaining to ambient air dispersion modelling (e.g., Emission Summary and Dispersion Modelling report, per Ontario Regulation: Air Pollution – Local Air Quality (O.Reg. 419/05)); or sampling and analysis of stack emissions, you are encouraged to provide the data or studies voluntarily via the Declaration of Stakeholder Interest Form (please see Section 9 of this document for more information on the Declaration of Stakeholder Interest Form and submitting voluntary information).

You are encouraged to provide the data or studies in electronic format (either on a CD, DVD or USB memory stick), or if the file size is small enough, you can submit it by email. Otherwise, paper copies of the data or studies should be submitted.

Example 9:

A person who responds to the notice possesses unpublished studies on ecotoxicity and biodegredation for a substance listed in Schedule 1, as indicated in the Endpoint Table.

7.6 Section 8(2) of Schedule 3

For each substance listed in Schedule 1, that you manufactured, imported or used, during the 2011 calendar year, in respect of which you meet the criteria set out in Schedule 2, you must provide the following:

• In column (a), the CAS RN of the substance
• In column (b), the study title(s) of any additional unpublished data or studies, other than the human health and ecological endpoints identified in subsection 8(1) for the CASRN, regarding physical chemical properties, bioaccumulation, persistence, toxicity, metabolism, degradation or the release of the substance from the final mixture, product or manufactured item.

For the purposes of the notice, data is considered "unpublished" if it cannot be readily found using standard search engines (e.g. Scopus, Pubmed, Toxline, etc.).  The title(s) of additional unpublished data or studies submitted can be from any calendar year.

Example 10:

A person who responds to the notice possesses additional unpublished data on mammalian toxicity for a substance listed in Schedule 1.

7.7 Section 9 of Schedule 3

For each substance listed in Schedule 1 that you manufactured, imported or used, during the 2011 calendar year, in respect of which you meet the criteria set out in Schedule 2, you must provide the following:  

• in column (a), the CAS RN of the substance sold to each person identified in column (b)
• in column (b), the names and street addresses (street, city and province) of a maximum of 20 persons in Canada to whom the largest quantity of the substance above 100 kg was sold, whether sold alone, in a mixture, in a product or in a manufactured item.
• in column (c), the total quantity of the substance that was sold to each person listed in column (b), whether sold alone, in a mixture, in a product or in a manufactured item.

Example 11:

In 2011, you manufactured 500 kg of a substance listed in Schedule 1 and sold it to three companies in Canada (225 kg to Company A Inc. in Big Town ON, 200 kg to Company B Inc. in Hometown BC, and 75 kg to Company C Inc. in Snowyville PEI).

7.8 Section 9 of Schedule 3

For each substance listed in Part 2 or 3 of Schedule 1 that you manufactured, imported or used, during the 2011 calendar year, in respect of which you meet the criteria set out in Schedule 2, you must provide the following:

• in column (a), the CAS RN of the substance;
• in column (b), the chemical identity or CAS RN of the monomers, reactants or components of the substance .  Each monomer, reactant or component identified should at minimum level of specificity represent a distinct homologous group with a unique molecular formula and weight. Chemical identity is to be represented by CAS RN where known, otherwise a description including representative structures of the components can be provided.
• in column (c), the concentration or range of concentration of each monomer, reactant or component listed in column (b) as a weight percentage (w/w%) in the formation of the substance listed in column (a)
• in column (d), the supporting analytical data and method used to identify the monomers, reactants or components listed in column (b)

The supporting analytical data and methods used to identify the monomers, reactants or components of the substance may include: chromatograms; spectral analyses (e.g., C or H-nuclear magnetic resonance (NMR) spectra data, infrared or UV-VIS spectra data, mass spectra (MS) or atomic absorption spectra (AAS) data); and/or reference to peer reviewed articles supporting chemical identity and concentration information, or reference to industry or analytical standards such as the color index or International Organization for Standardization (ISO)-Standards for essential oils.

When analytical information is submitted, ensure that sufficient detail of the methodology is provided such that concentration and/or chemical identity information may be interpreted from the information provided.

You may wish to contact your supplier to obtain information on the chemical identity of the monomers, reactants or components of the substance. If the information is not available, you can provide representative structures for the substance.

Example 12:

In 2011, you imported 1 000 kg of a substance listed in Part 2 of Schedule 1 from one supplier.  The supplier has indicated that the substance is composed of Monomer A at 30-35%, Monomer B at 10-15%, and Oligomer C at 50 to 60% and provided you with UV-VISspectra data.

7.9 Section 11 of Schedule 3

For each substance listed in Schedule 1 that you manufactured, imported, or used, during the 2011 calendar year, in respect of which you meet the criteria set out in Schedule 2, you must provide the following:

• in column (a), CAS RN of the substance
• in column (b), the name, and street address (street, city and province) of the facility or facilities where the substance was manufactured or used, or imported to
• in column (c), for each facility, a description of the environmental monitoring activities for the substance, including monitoring frequency and methodology. For example, provide information such as:
  • the presence or concentration of the substance in samples from your air emissions, wastewater effluents or waste streams: results of these tests, units, method detection limits as well as sampling and analytical methods used.
  • if not tested: calculated quantities of the substance emitted and/or released (e.g. predicted environmental concentrations), units used, calculation methods, emission factors, supporting data, references, and units used.
  • for releases of the substance to air: indication as to whether the emissions are from point source or fugitive, the duration and frequency of the emissions, and ground concentration (specify the units).
• in column (d), for each facility, indicate with a "Yes" or "No" whether used storage or transportation containers containing the substance, either alone or in a mixture, were cleaned on site
• in column (e), for each facility, a description of the waste management practices, policies or technological solutions in place to prevent or minimize releases of the substance to the environment, including unintended releases; or to prevent or minimize the potential exposure of individuals in Canada to the substance.  Provide a brief summary of your waste management practices, policies or technological solutions as an attachment to your submission.
  • Waste and wastewater management practices, policies or technological solutions relate to means put in place in each facility to prevent or minimize releases of the substance to the environment, or exposure of individuals in Canada to the substance. Examples of technological solutions include, but are not limited to:
    • Scrubbers and bag filters to prevent releases to air;
    • collection tanks to capture washwater from facility’s floors and drains for  treatment and/or disposal;
    • lagoons and ponds to capture storm water and site run-offs for  treatment prior to discharge;
    • oil-water separators; and
    • primary, secondary or tertiary on/offsite wastewater treatment equipment systems.
• in column (f), for each facility the total quantity of the substance that was released from the facility to air, water or land. If you know the substance was not released, indicate "0".
• in column (g), for each facility the source of releases to air, water or land
• in column (h), for each facility, the total quantity of the substance whether alone, in a mixture, in a product or in a manufactured item, that was treated onsite, or that was transferred to an offsite hazardous or non-hazardous waste management facility;
• in column (i),  the name, street address (street, city and province), contact name and phone number for offsite hazardous or non-hazardous waste management facility to which  the substance or used containers containing the substance, whether alone, in a mixture, in a product or in a manufactured item, were transferred.

For columns (f), (g) and (h), refer to Section 6.5 and 6.6 of this document for more information and examples on releases and transfers.

The effectiveness of environmental technologies is particularly important in exposure analysis, and you are encouraged to provide this data via the stakeholder interest form (see Section 9 of this document for more information on submitting voluntary information).  In particular, the effectiveness refers to, for example, meeting specific regulatory limits or the removal efficiency rate of the wastewater treatment system or air pollution control devices used, including input and output data, units used, number of operating hours or days per year of the control technology, and whether the control technology is bypassed for maintenance or if it remains in operations during routine process shut down.

It is important to note that in the absence of this information, generic emission factors may be used.

Example 13:

In 2011, you imported 5 000 kg of a substance listed in Schedule 1 shipped to you in bulk (15 tonnes ISO tank). You then stored the container at your facility in Big Town ON, before repackaging the substance into smaller containers (250-litre drums) for sale to your customers. You have release prevention measures in place at the facility.  An accidental spill occurred during in July 2011 at your site, which resulted in 1 kg of the substance being released to water, and 10 kg of the substance being transferred to an off-site hazardous waste management facility. You subsequently monitored specifically for the presence of the substance in the receiving environment.

7.10 Section 12 of Schedule 3

For each substance listed in Schedule 1 that you manufactured, or used, during the 2011 calendar year, in respect of which you meet the criteria set out in Schedule 2, you must provide the following:

• in column (a), CAS RN of the substance
• in column (b), the name, and street address (street, city and province) of the facility or facilities where the substance was manufactured or where the substance was used alone, in a mixture, or in a product, in the manufacture of a mixture, product, or manufactured item.
• in column (c), for each facility, a summary of the manufacturing or the use process including the nature of the process, identifying major steps in the operation and chemical conversions. The summary of the nature of the manufacturing or use process can include, for example:
  • whether it is a batch or continuous process, open or closed process, dry or wet process, or process using closed-loop, pressurized or vacuum system;
  • • if the substance is used in a batch process: the maximum kg/batch (100% chemical substance basis),hours/batch and batches/year, or
    • if the substance is used in a continuous process: the maximum kg/day (100% chemical substance basis), hours/day and days/year
  • the scale of the process including facility production rates; and
  • the process equipment cleaning frequency (e.g., per day or per batch) and type of cleaning solution, if used (e.g., steam, hot water, aqueous caustic solution, and toluene).
• in column (d), for each facility, a flow diagram of the manufacturing or the use process, including releases and the points of entry of feedstocks.  The flow diagram of the manufacturing or use process can include features such as:
  • Identity of entry and exit points of incoming and outgoing materials containing the substance (e.g., feedstocks, reactants, solvents, catalysts, and waste products);
  • Reuse and recycling streams, if any; and
  • All streams and points of release of the substance (or product or manufactured item containing the substance) throughout any of its lifecycle stages (e.g., during transportation; handling including storage and repackaging, processing or manufacturing) including open drains and discharge points. 

In responding to this question, one description and one flow diagram per manufacturing or use process can be provided for all of the substances related to that process. Note that flow diagrams should be provided as an attachment to your submission.

Example 14:

In 2011, you used a substance listed in Schedule 1 at two of your facilities (Facility A and Facility B) to produce Product Z. The use process is the same at both facilities.

Figure 1. Example of a Process Summary and Flow Diagram

Commencing from the top of the Figure, an example of a process summary is provided. Typically the plant completes between 2 and 5 batches a day, and a typical batch involves about 500-1000 kg of Substance X and 10,000 kg of final product. The plant operates 250 days a year but typically only 20-30% of our batches contain Substance X. Mixing takes place between 20OCand 50OC. Depending on the batch, higher temperatures will result in more release to air during mixing. In addition, the Figure provides further details regarding the process using a flow diagram. The diagram is composed of multiple rectangular boxes, and the boxes are connected with unidirectional arrows.

1. Commencing from the left of the diagram, the first box indicates solid or liquid components are unloaded from tank cars (16,000 kg/tank). Potential sources of releases during unloading include: fugitive air release during unloading (100g of Substance X/unloading, based on OECD Emission Scenario Document on Transport and Storage); vented dust during unloading; and container residue cleaning (11 kg of Substance X/unloading washed to municipal sewer, based on US-EPA Generic Scenarios).
2. The second box indicates the process then goes through a preheating stage, which is an optional step.
3. The third box indicates that the process then undergoes a mixing step in a kettle. During this mixing step, potential sources of releases include: vented air releases of Substance X (10 g/batch, based on back calculated plant monitoring data); and equipment cleaning (includes line and vessel): 2% of product containing Substance X/batch lost to waste water, based on US-EPA Generic Scenarios).
4. The fourth box indicates the process then goes through a filtering step. The potential release during this filtering step includes: waste containing Substance X is sent to landfill, and the waste contains less than 1% of the total product; this is based on US-EPA Generic Scenarios.
5. The fifth box indicates the final step in the process where the final product is packaged, and the final UV curable product is then sold. The potential release during this packaging step includes: loss of Substance X during product curing (100 g/batch), based on US-EPA Generic Scenarios.

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8. Information to Which you may Reasonably be Expected to have Access

You are required to provide information that your company possesses or to which you may reasonably be expected to have access. For example, when importing a substance, mixture, product or manufactured item, you may reasonably be expected to have access to import records and the relevant Material Safety Data Sheet (MSDS). An MSDS is an important source of information on the composition of a purchased product. Note that the goal of the MSDS is to protect the health of the workers, not the environment. Therefore, a MSDS may not list all product ingredients on which the Minister of the Environment is requiring information under the notice. You may wish to contact your supplier for more detailed information on product composition. Manufacturers would be reasonably expected to have access to their formulations.

Also, a company may have access to its parent company’s information regarding substances, mixtures, products or manufactured items. You are not required to conduct tests to comply with the notice.

9. Declaration of Non-Engagement and Declaration of Stakeholder Interest Forms

Persons who do not meet the requirements to respond to the notice and have no current or future interest in the substances listed in the notice may complete a Declaration of Non-Engagement Form.

Persons who do not meet the requirements to respond to the notice, but who have a current or future interest in any of the substances listed in the methylenediphenyl diisocyanates and diamines substances group, or the internationally classified substances group (regardless of whether or not the substance is listed in the notice), are encouraged to identify themselves as a "stakeholder" for the substance by completing the Declaration of Stakeholder Interest Form. Interested stakeholders will be included in future mailings regarding these substances and may be contacted for further information regarding their activity or interest in these substances. When completing the form, you should:

• identify the substances of interest to you, and
• specify your activity or potential activity with the substance (e.g.: import, manufacture, use)

The Declaration of Stakeholder Interest form also includes Voluntary Information that stakeholders are encouraged to provide on the substances described in the Methylenediphenyl diisocyanteas and diamines Substances Group, and the internationally classified substances group. This information will help the Government of Canada improve decision making for these substances and ensure all activities are considered before moving forward with further actions regarding these substances

Examples of the type of additional information that could help inform the risk assessment process include, but are not limited to:

• Analogues or alternatives for these substances;
• Quantities of the substances manufactured, imported, used, and/or exported per calendar year, for the last 5 years;
• Customer contact information;
• Supplier information (name, location and contact information);
• Unpublished data or studies on physical-chemical properties, bioaccumulation, persistence, toxicity, metabolism, degradation, or the release of the substances from the final mixture, product or manufactured item;
• Environmental releases, such as
  • air dispersion modeling of MDI in ambient air (e.g., emission summary and dispersion modeling report, per Ontario Regulation:  Air Pollution - Local Air Quality (O. Reg. 419/05))
  • sampling and analysis of MDI in ambient air; and
  • sampling and analysis of stack releases of MDI.
• Storage and transportation container information (e.g., size and type of containment used, and a description of how the empty containers are handled/cleaned); and
• Waste management information, such as:
  • name and location of waste management facilities;
  • type of wastewater that is treated at your facility;
  • type of wastewater treatment methods used at your facility;
  • whether your facility wastewater effluents are re-used in the process;
  • volume of each effluent stream potentially containing the substance annually in m3 (indicate whether the streams are combined with other effluents prior to discharge), and the total volume of all effluent streams discharged in m3 annually;
  • your facility’s wastewater effluent flow rates (e.g., average daily volume or 90th percentile in m³ or liters per day), and periods of discharge; the fate, quantity (kg) and treatment methods used for your facility wastewater sludge;
  • name of the corresponding receiving water bodies where your facility wastewater effluents are discharged to; and
  • effectiveness of waste management practices.

The Declaration of Non-Engagement and Declaration of Stakeholder Interest forms are available on the Chemical Substances Website.

Note that if you imported, manufactured and/or used a substance listed in Schedule 1 to the notice during the 2011 calendar year, but you did not meet the reporting requirements outlined in Schedule 2 to the notice (e.g. quantity manufactured, imported or used was below the reporting threshold), you are encouraged to respond to the section 71 notice voluntarily.

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10. How and to Whom do I Respond?

Responses to the notice must be submitted to the Minister of the Environment, to the attention of the Substances Management Coordinator. Responses can also be submitted electronically, using the online reporting tool available on the Chemical Substances Website.

The form must be "Submitted" to transmit the data. To complete the submission, a signed copy of the completed s.71 notice must be received by the Substance Management Coordinator by e-mail at Substances@ec.gc.ca, by fax at (819) 953-7155, or by mail at:

By mail:
Substances Management Coordinator
Chemicals Management Plan
200 Sacré-Coeur Boulevard, 8th Floor
Gatineau (QC) K1A 0H3

By courier:
Substances Management Coordinator
Chemicals Management Plan
200 Sacré-Coeur Boulevard, 8th Floor
Gatineau (QC) J8X 4C6

11. What is the Deadline for Responding?

Every person to whom the notice applies is required to comply with the notice no later than October 16, 2012, 5 p.m. Eastern Daylight Saving Time.

12. What if I need an Extension?

As provided in subsection 71(4) of the Act, you may submit a written request for an extension of time to comply with the notice. The request for an extension should include the CAS RN of the substances on which information will be reported and provide a reason for the request. Address your request to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, 200 Sacré-Coeur Boulevard, 8th Floor, Gatineau QC K1A 0H3. You may send your request by mail, by fax at (819) 953-7155 or by e-mail at Substances@ec.gc.ca. It is important to note that you must request an extension of time before expiry of the October 16, 2012, 5 p.m. Eastern Daylight Saving Time deadline. No extensions will be granted after the deadline has expired. It is recommended that any request for an extension be submitted at least five business days before October 16, 2012, so that a request can be processed by the Minister of the Environment before expiry of the deadline.

13. Inquiries - Whom to Contact

If you have an inquiry, contact the Substances Management Information Line at the following numbers or email address:

Telephone:
800-567-1999 (Toll-free in Canada) or 819-953-7156 (Outside of Canada)

Facsimile:
819-953-7155

E-mail:
Substances@ec.gc.ca(Indicate in the subject line "CMP MDI/MDA Substances Group Inquiry" or "CMPInternationally Classified Substances Group Inquiry", as appropriate)