Guidance for responding to the Notice with respect to certain organic flame retardant substances (notice) Published in the Canada Gazette, Part I, on March 30, 2013

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Information for completion of the March 30, 2013 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 - Mixtures, 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 Substance Function Codes and Consumer and Commercial Codes?
  • 6.4 - Code Numbering System for Substance Function Codes and Consumer and 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 5 of Schedule 3
  • 7.2 - Section 6 of Schedule 3
  • 7.3 - Section 7 of Schedule 3
  • 7.4 - Section 8 of Schedule 3
  • 7.5 - Section 9 of Schedule 3
  • 7.6 - Subsection 10(1) of Schedule 3
  • 7.7 - Subsection 10(2) of Schedule 3
  • 7.8 - Section 11 of Schedule 3
  • 7.9 - Section 12 of Schedule 3
  • 7.10 - Section 13 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 forms
• 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 March 30, 2013, 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 (the Ministers) 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 the Act, and new information received as part of the first phase of the Chemicals Management Plan (CMP 1).

As part of the CMP 2, a grouping of certain organic flame retardant substances will be assessed. This grouping of substances is based on similar function - application to materials to prevent the ignition and spread of fire. Additionally, some of these substances are potential alternatives for substances currently subject to controls or considered for controls in Canada. Therefore, potential risk management efficiencies could be achieved through the assessment of flame retardants as a grouping leading to informed substitution and less duplication of effort. Some of these substances may also serve functions other than flame retardancy.

The first step is to collect data in order to update the information available on the substances listed in Schedule 1 to the notice. The information collected from the notice will inform both the ecological and human health risk assessment and possible risk management for this group-based evaluation.

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 March 30, 2013 notice and all documents related to the collection of information are available through the Government of Canada’s Chemical Substances Web site.

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1. What is the purpose of the notice?

The purpose of the notice is to gather information on 10 organic substances which are used as organic flame retardants, 2 of which are mixtures of isomers, 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 201 1 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;
• 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 the 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 the Canada Gazette, Part I, pursuant to paragraph 71(1)(b) of the Act on March 30, 2013. Links to view the notice published in the Canada Gazette can be found on the Government of Canada’s Chemical Substances Web site.

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3. What substances are reportable under the notice?

The notice includes a list of 10 organic substances used as flame retardants considered as priority for action and the substances are listed below:

Schedule 1 to the notice

Part 1 Substances

Part 2 Substances

It is important to note that Benzoic acid, 2,3,4,5-tetrabromo-, 2-ethylhexyl ester (CAS RN 183658-27-7, known as TBB), was not identified in the Certain Organic Flame Retardant Substance Grouping, published online in October 2011.

However, this CAS RN has been added to the grouping, and included in the present notice, because of chemical similarity to, and known co-occurrence in commercial mixtures containing another substance of the grouping, 1,2-Benzenedicarboxylic acid, 3,4,5,6-tetrabromo-bis, (2-ethylhexyl) ester (CAS RN 26040-51-7, known as TBPH). Moreover, this will support harmonization with the risk assessment activities by the United States Environmental Protection Agency (US EPA) relating to their Toxic Substances Control Act (TSCA) priorities as outlined in the Work Plan Chemicals for Assessment During 2013 and 2014 which includes TBB and TBPH.

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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) manufactured a total quantity greater than 100 kg of a substance listed in Schedule 1 to the notice, at any concentration;

(b) imported a total quantity greater than 100 kg of a substance listed in Schedule 1 to the notice at any concentration, whether alone, in a mixture or in a product;

(c) imported a total quantity greater than 100 kg of a substance listed in Schedule 1 to the notice at any concentration, in a manufactured item that is:

(d) imported a total quantity greater than 100 kg of 1,3,5-Triazine-2,4,6-triamine (CAS RN 108-78-1), at any concentration in a food packaging intended to come into direct contact with food;

(e) used a total quantity greater than 1 000 kg of a substance listed in Schedule 1 to the notice, whether the substance is:

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

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 the reporting threshold is met are provided 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 July 30, 2013, 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 in the notice.

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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,
• paints and coatings (including paper coatings)
• hydrates, and
• reaction mixtures that are characterized in terms of their constituents.

For example, if you manufactured or imported any hydrated form of an anhydrous substance listed in Schedule 1, then you are required to report on this substance if you meet the reporting criteria outlined in Schedule 2 to the notice. The hydrated form is considered a mixture.

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 the purposes of the notice, manufactured items that are reportable items include, but are not limited to, the following examples:

• items intended to be used by or for children under the age of 6 years (e.g., change pad, car seat, crib mattress, stuffed toy, plastic train set, high chair, etc.),
• cookware, or cooking or serving utensil that is intended to come into direct contact with heated food in a residence, unless the component that comes into direct contact with heated food is made of glass, stainless steel or porcelain (e.g., e.g., pots, pans, woks, griddles, soup ladles, plates, bowls, serving spoons, etc.)
• a clothing, a footwear or a sleeping bag, (e.g., sporting equipment, oven mitts, apron, winter boots, rubber boots, etc.)
• a bedding intended to be used in a residence, (e.g., pillow cover, pillow, comforter, etc.)
• a furniture intended to be used in a residence, (e.g., sofa, dining table, home office chair, ottoman, etc.)
• a furnishing intended to be used in a residence, if the substance is contained in a foam or a textile (e.g., textile shower curtain, drapes, ironing board, lamp shade, etc.)
• a carpet, a vinyl or laminate flooring, or a foam underlay for flooring, intended to be used in a residence, (e.g., bathroom rug, etc.)
• an electronic or electrical appliance or equipment intended to be used in a residence (e.g., cable sheathing, connectors, television casing, computer circuit chips, refrigerator, microwave, iron, etc.)
• a food packaging item, containing CAS RN 108-78-1, intended to come into direct contact with food (e.g., cereal liner bags, individually wrapped desserts, lids of jars, etc.)

For the purposes of the notice, manufactured items that are NOT reportable items include, but are not limited to, the following examples:

• cookware, or cooking or serving utensils that are intended to come into direct contact with heated food within a residence, where the component that comes into direct contact with heated food is made of glass, stainless steel or porcelain (e.g., uncoated stainless steel spoons, glass bowls, etc.)
• a furniture intended to be used exclusively outside of a residence (e.g., dentist chair, etc.)
• a furnishing intended to be used in a residence, where the substance is not contained in a foam or textile (e.g., wooden bookcase, glass vase, etc.)
• a carpet, vinyl or laminate flooring, or a foam underlay for flooring, intended to be used exclusively outside of a residence (e.g., flooring in commercial or manufacturing facilities, etc.)
• a food packaging item containing CAS RN 108-78-1, that is not intended to come into direct contact with food (e.g., boxes containing individually wrapped cookies, labels on food containers, etc.)
• industrial machinery
• imported finished vehicles

For the purposes of the notice, it is important to note the following:

• Direct contact with food occurs when a manufactured item (e.g., cookware, cooking or serving utensils,or food packaging) is not separated from the food by an effective functionalbarrier, so there is potential for substances to migrate to the food.
• Fabric means any material woven, knitted, crocheted, knotted, braided, felted, bonded, laminated or otherwise produced from, or in combination with, a textile fibre.
• Textile fibre means any natural or manufactured matter that is capable of being made into a yarn or fabric and, without limiting the generality of the foregoing, includes human hair, kapok, feathers and down and animal hair or fur that has been removed from an animal skin.

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

• adhesives and sealants
• antioxidants
• enamels
• plastics and rubber additives
• a roll of paper, including wallpaper
• spray foam
• rigid foam that has not been formed into a particular shape
• a roll of fabric/textile
• ceiling and wall panelling

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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.

For the purposes of the notice, possible situations where you are considered to “manufacture” a substance include, but are not limited to, the following examples:

Example 2:

• You reacted substance A with substance B to produce substance C. You manufactured substance C.
• You blended substance D with substance E, and substance F was produced as a reaction by-product. You manufactured substance F.

It is important to note that for the purpose of the notice, using a substance listed in Schedule 1 (either alone or in a mixture) to create or produce a mixture, product or manufactured item would NOT be considered “manufacture” of a substance, it would be considered as “used” in Schedule 2 (see Section 4.4 of this guidance document for more information on the reporting requirements for users).

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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 Schedule 1 to the notice, at any concentration:

• whether alone, in a mixture or in a product; or
• in a manufactured item that is:

Schedule 2 to the notice also specifies that the notice applies to any person who, during the 2011 calendar year, imported a total quantity greater than 100 kg of 1,3,5-Triazine-2,4,6-triamine (CAS RN 108-78-1), at any concentration in a food packaging intended to come into direct contact with food.

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, product or manufactured item contains a substance listed in Schedule 1 to the notice, then you are required to report on this substance if you meet the reporting criteria outlined in Schedule 2 to the notice.

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

Example 3:

• 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 as an internal company transfer from a foreign source.
• You purchased a manufactured item that contains a substance listed in Schedule 1 from a foreign source, and the manufactured item was shipped directly from the foreign source to your location in Canada.
• You purchased a food packaging that contains 1,3,5-Triazine-2,4,6-triamine (CAS RN 108-78-1) from a foreign source, and the food packaging was shipped directly from the foreign source to your location in Canada.

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.

For the purpose of the notice, possible situations where you are NOT considered to “import” a substance include, but are not limited to, the following examples:

Example 4:

• You purchased goods from a Canadian company.
• You ordered a product from a warehouse located in Canada.

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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 1 000 kg of a substance listed in Schedule 1 to the notice, whether the substance is:

• used alone in the manufacture of a mixture, a product or a manufactured item; or
• used in a mixture, at any concentration, in the manufacture of a mixture, a product or a manufactured item.

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

Example 5:

• 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.
• You blend a mixture/Mixture W containing a substance listed in Schedule 1 as an impurity with other components to make another mixture/Mixture V.
• You blend a mixture containing a substance listed in Schedule 1 with other components to produce a manufactured item.
• You use a mixture containing a substance listed in Schedule 1 in the process of manufacturing a manufactured item.

For the purpose of the notice, possible situations where you are NOT considered to “use” (i.e. because the use is not in relation to the manufacture of a mixture, product or manufactured item) include, but are not limited to, the following examples:

Example 6:

• 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 load a substance listed in Schedule 1 onto a carrier and ship the substance to three other companies.
• You purchase Mixture Y which contains a substance listed in Schedule 1 from your supplier in Canada, and distribute the product to your customers.
• You use a product containing a substance listed in Schedule 1, to make a manufactured item.
• You use a manufactured item (i.e. rubber equipment parts) containing a substance listed in Schedule 1, to make equipment.

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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
• 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" to meet the obligation to respond to the Notice.

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).

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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 should be reported as 0.037
  • 541 231 should be reported as 540 000
  • 831.29 should be reported as 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.

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6.2 - What are the North American Industry Classification System codes?

The North American Industry Classification System (NAICS) is an industrial classification system established to identify production processes by grouping similar activities. The 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.

You are required to report each applicable six-digit NAICS code with respect to each substance, or the mixture, product or manufactured item containing the substance. You should report the code(s) that best describes your involvement with the substance, or the product, mixture or manufactured item containing the substance. The code(s) 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 your activity with the substance on which you are reporting, the North American Industry Classification System (NAICS) Canada 2012 list of codes is available at the Statistics Canada Web site (note that the NAICS code(s) Web address is case sensitive).

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6.3 - What are the Substance Function Codes and Consumer and Commercial Codes?

Substance Function Codes, and Consumer and Commercial Codes are an accepted list of codes used to describe the function or use of a substance in a consistent manner. Substance 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.

Substance Function Code (formerly known as Industrial Function Code) refers to the function of the substance with regard to the intended physical or chemical characteristic for which a chemical substance is consumed as a reactant; incorporated into a formulation, mixture, product, or manufactured item; or used.

Consumer and Commercial Code refers to the use of a substance, or a mixture, or a product or manufactured item containing a substance with regard to its purpose in a consumer (end use) or commercial setting (i.e., the anticipated use of the substance, item or product).

For the sections in the notice that request codes, you are required to report the codes that apply to the substance function of each reportable substance and the consumer and commercial codes on the use of the substance, or the product, mixture or manufactured item containing the substance. Refer to sections 14 and 15 of Schedule 3 to the notice or section 6.4 of this document for the list of codes and their corresponding descriptions.

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6.4 - Code Numbering System for Substance Function Codes and Consumer and Commercial Codes

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

Example 7:

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 ([Subgroup #] is 03).

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

Example 8:

Code U999 “Other” – Substance is manufactured incidentally during the processing of a mineral ore.

Substance Function Codes and Corresponding Descriptions

Consumer and Commercial Codes and Corresponding Descriptions

List of Consumer and Commercial Code Groups

Group 1: Furnishings, cleaning, treatment or care

Group 2: Construction, paint, electrical or metal

Group 3: Packaging, paper, plastic or hobby

Group 4: Automotive, fuel, agriculture or outdoor use

Group 5: Items for food, health or tobacco

Group 9: Products, mixtures or manufactured items not described by other codes

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6.5 - What is a release?

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

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.

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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 a substance listed in Part 1 of Schedule 1:
  • complete sections 5, 6, 7, 9, 10, 12 and 13 in Schedule 3;
• If you manufactured a substance listed in Part 2 of Schedule 1:
  • complete sections 5, 6, 7, 9, 10, 11, 12 and 13 in Schedule 3;
• If you imported a substance listed in Part 1 of Schedule 1:
  • complete sections 5, 6, 7, 9, 10 and 12 in Schedule 3;
• If you imported a substance listed in Part 2 of Schedule 1:
  • complete sections 5, 6, 7, 9, 10, 11 and 12 in Schedule 3;
• If you used a substance listed in Part 1 of Schedule 1:
  • complete sections 5, 6, 8, 9, 10, 12 and 13 in Schedule 3;
• If you used a substance listed in Part 2 of Schedule 1:
  • complete sections 5, 6, 8, 9, 10, 11, 12 and 13 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).

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, 2001, 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 CAS RN 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 CAS RN, 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 individuals at Environment Canada to which the information was submitted.

As indicated in section 4 of Schedule 3 of the notice, if any of the information required under Schedule 3 to the notice was submitted for 1,3,5-Triazine-2,4,6-triamine (CAS RN 108-78-1) to Health Canada, 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 specific section, subsection, or paragraph to the notice to which the submitted information relates;
  • the title or description of the submitted information
  • the date on which the information was submitted; and
  • the name of the person who submitted the information
  • the program and individuals at Health 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 and section 4 of Schedule 3 to the notice must be provided as an attachment to your submission.

Example 9:

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.

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7.1 - Section 5 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.

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7.2 - Section 6 of Schedule 3

For each substance listed in Schedule 1 that you manufactured, imported, or used, during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, you mustprovide the following:

• in column (a), CAS RN of the substance
• in column (b), name of the substance
• in column (c), 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)
• in column (d), the total quantity of the substance that was manufactured, imported, used, or exported reported in kilograms (rounded to two significant digits).

Example 10:

In 2011, you imported a total of 20 670 kg of a substance listed in Part 1 of Schedule 1 (CAS RN XXX-XX-X), which was contained within an adhesive. Of the quantity imported, 6 500 kg was used at your facility in Ontario (Canada) and 10 170 kg of the substance was exported to your facility in Ohio (United States). The remaining quantity was kept as inventory. Your primary activity with the adhesive is using it to manufacture medical devices (NAICS code 339110).

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7.3 - Section 7 of Schedule 3

For each substance listed in Schedule 1, that you manufactured or imported, but did not use, during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, you must provide the following:

• in column (a), CAS RN of the substance
• in column (b), the applicable Substance Function Code(s) that apply to the function of the substance as listed in column (a).
  • Substance 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 item; or used. For example:
    • Substance is applied to the surface of a product to reduce its tendency to ignite when exposed to heat.
    • Substance is added to a mixture to reduce friction between moving parts in a machine or mechanism.
  • Choose the Substance Function Code(s) that are consistent with the most complete and accurate information available to you.
  • If the substance has a substance function that is not described within any of the Substance Function Codes provided, then code U999 should be used. A written description of the function of the substance must be provided when using this code and the description should be as concise as possible.

Example 11:

In 2011, you imported a plasticizer that contained a substance listed in Part 2 of Schedule 1 (CAS RN YYYY-YY-Y) (Substance Function Code U022), and you imported another product (wall paneling) that contained a substance listed in Part 1 of Schedule 1 (CAS RN XXXX-XX-X) (Substance Function Code U011).

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7.4 - Section 8 of Schedule 3

For each substance listed in Schedule 1, that you used, during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, you must provide the following:

• in column (a), CAS RN of the substance
• in column (b), the applicable Substance Function Code(s) that apply to the function of the substance as listed in column (a).
• in column (c), for each applicable Substance Function Code, the total quantity of the substance reported in kilograms (rounded to two significant digits).
• in column (d), for a substance used as per the Substance Function Code U011 (Flame Retardant), whether the substance is incorporated in the material physically (additive flame retardant) , by indicating “yes” or “no”.
• in column (e), for a substance used as per the Substance Function Code U011 (Flame Retardant), whether the substance is incorporated in the material chemically (reactive flame retardant), by indicating “yes” or “no”.

Example 12:

In 2011, you used 250 kg of a substance listed in Part 2 of Schedule 1 (CAS RN ZZZZ-ZZ-Z) and used it as a flame retardant (Substance Function Code U011) that is applied to the surface of textiles (additive flame retardant).

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7.5 - Section 9 of Schedule 3

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

• in column (a), CAS RN of the substance
• in column (b), the 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 Code C102 (Foam seating and bedding) is applicable, you are also encouraged to provide a description of the final application. For example:
    • foam in sofa, foam in residential office chair, foam in baby car seat, pillow cover, pillow filling, chair armrest.
  • If Code C402 (Lubricants and Grease) is applicable, you are also encouraged to provide a description of the final application. For example:
    • Automotive applications: automotive engine oils; heavy duty diesel oils; transmission and hydraulic oils; or heavy duty gear oils.
    • Industrial applications:hydraulic oils; turbine, bearing and circulating oils; industrial gear oils; natural gas engine oils; marine engine oils; railroad engine oils; metalworking fluids; or other lubricants used in industrial equipment.
  • If none of the Consumer and Commercial Codes provided apply, then code C999 should be used. A written description of the use of the substance, or 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), for each applicable Consumer and Commercial Code listed in column (b), the total quantity of the substance reported in kg (rounded to two significant digits).
• in column (d), for each applicable Consumer and Commercial Code listed in column (b), a statement identifying the description and the common or generic name of the known or anticipated final substance, mixture, product or manufactured item containing the substance. The statement should be as concise as possible. Using trade names is an effective way of summarizing this information.
• 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), (g) and (h), 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 or for 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 a resin.
    • Substance is contained in a coating mixture 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 sold or made available to consumers, whether alone or as part of a mixture, a product, or a manufactured item, 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 an imported manufactured item (e.g., a piece of furniture, a rug, a television) that is sold to consumers.
    • Substance is contained in a product (e.g., sealant) sold to consumers for do-it-yourself home maintenance.
    • 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 or for children, the following guidance can be considered:

For the purpose of section 9 of Schedule 3 only, "Children" are considered persons14 years of age or younger. (Note that the requirements of Schedule 2, section 2(b)(i), applies to a manufactured item that is intended to be used by children under six years old).

For column (e), your substance, whether alone, in a mixture, in a product, or in a manufactured item containing the reportable substance, 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 coloring books, diapers, and video games 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 13:

In 2011, you imported 1 024 kg of a substance listed in Part 1 of Schedule 1 (CAS XXX-XX-X), which was used in the manufacture of foam seating and bedding (Consumer and Commercial Code C102), building and construction material (C204), paints and coatings (C202) and electrical equipment and electronics (C205).

In 2011, you also imported 10 000 kg of a substance listed in Part 1 of Schedule 1 (CAS YYY-YY-Y), which was used for toys, playground and sporting equipment (C304).

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7.6 - Subsection 10(1) of Schedule 3

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

• In column (a), the CAS RN of the substance
• In column (b), list any unpublished data or studies on the substance with regards to any of the following:
  (i) Ecological study endpoints
      (A) acid disassociation constant,
      (B) melting point,
      (C) boiling point,
      (D) vapour pressure,
      (E) water solubility,
      (F) octanol-water partition coefficient,
      (G) organic carbon-water partition coefficient,
      (H) biodegradation,
      (I) bioaccumulation factor, bioconcentration factor and biomagnification factor,
      (J) ecotoxicity (experimental acute and chronic studies for pelagic, benthic and terrestrial organisms),
      (K) environmental monitoring and presence,
      (L) chemical transformation,
      (M) leaching potential, and
  (ii) Human health study endpoints indicated by an x in the Endpoint Table below.
      - 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).

Human Health Study Endpoint Table

Provide chemical transformation data or studies related to the transformation (degradation, oxidization, curing, reaction, and volatilization) of the substance, for example:

• during the manufacturing of product or article;
• during other industrial uses (if not manufactured);
• during pyrolysis; and
• during the expected service life of each type of product or article.

Provide 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 they are not 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 the substances listed in Part 2 of Schedule 1 (CAS RN 1330-78-5 and 13674-84-5), you are encouraged to provide any unpublished data or studies for the isomers of these CAS RN (e.g., for CAS RN 78-30-8, 78-32-0, 563-04-2, 6145-73-9, 76025-08-6 and 76649-15-5).

Also, for 1,4:7,10-Dimethanodibenzo[a,e]cyclooctene, 1,2,3,4,7,8,9,10,13,13,14,14-dodecachloro-1,4,4a,5,6,6a,7,10,10a,11,12,12a-dodecahydro- (CAS RN 13660-89-9, also known as Dechlorane Plus (DP)) in Part 1 of Schedule 1, you are encouraged to provide any unpublished data or studies on the individual structural isomers of this CAS RN (i.e., the syn-DP and anti-DP isomers).

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 can be submitted.

Example 14:

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

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7.7 - Subsection 10(2) of Schedule 3

For each substance listed in Schedule 1, that you manufactured,imported or used, during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, 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 9(1) for the CAS RN, regarding physical-chemical properties, bioaccumulation, persistence, toxicity, metabolism, degradation, release or disposal 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 15:

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

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7.8 - Section 11 of Schedule 3

For each substance listed in Part 2 of Schedule 1 that you manufactured,imported or used,during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, 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 components of the substance. The minimum level of specificity of each component identified should represent an isomer. 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 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 components listed in column (b)

The supporting analytical data and methods used to identify the 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 components of the substance. If the information is not available, you can provide representative structures for the substance.

Example 16:

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 Component A at 30-35% and Component B at 65-70%, and provided you with UV-VIS spectra data.

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7.9 - Section 12 of Schedule 3

For each substance listed in Schedule 1 that you manufactured,imported, or used, during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, 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), 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, thermal oxidizers and bag filters to prevent releases to air;
    • collection tanks to capture wash water 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/off-site wastewater treatment equipment systems.
• In column (f), for each facility, the total quantity of the substance manufactured or acquired, reported in kilograms (rounded to two significant digits).
• in column (g), 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 (h), for each facility, the source of releases to air, water or land.
• in column (i), 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 on-site, or that was transferred to an off-site hazardous or non-hazardous waste management facility.
• in column (j), the name, street address (street, city and province), contact name and phone number for the off-site 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 (g), (h) and (i), 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 17:

In 2011, you imported 5 000 kg of a substance listed in Schedule 1 contained in plastic resin shipped in bulk (1 tonne super sack) to your Big Town, ON facility. The resin is then manufactured into electrical conduit using an extruder. The newly formed conduit is then cooled by submerging it in water. Every year, the cooling water is tested to determine the concentration of the substance. The 2011 cooling water sample had a substance concentration of 25 mg/L. Knowing that your facility uses on average 100,000 L/year of cooling water, you estimated that the total substance released with the cooling water is 2.5 kg/yr. The cooling water is subsequently sent to the Big Town municipal wastewater treatment plant. The extruder area is equipped with fans that direct dust to a bag house. The collected dust (about 1000 kg per year of dust containing 5 kg of substance) is sent to the municipal landfill.

n/a = not applicable

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7.10 - Section 13 of Schedule 3

For each substance listed in Schedule 1 that you manufactured or used, during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, 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 or in a mixture, 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 should include, for example:
  • whether the state in which the substance is found is neat, as part of a mixture or as part of product, if applicable;
  • whether the physical state of the substance, mixture and/or product is solid (powder, pellet, etc), liquid (sludge, solution, etc) or gaseous, if applicable;
  • 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;
  • 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); and 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 18:

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

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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.

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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 certain organic flame retardants grouping (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, or use)

The Declaration of Stakeholder Interest form also requests for voluntary information that stakeholders are encouraged to provide on the substances described in the certain organic flame retardants 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:

• A description of any activities you had with the substance(s) other than those described in Schedule 2 of the notice, either with the substance alone, or in a mixture, product or manufactured item, during the 2011 calendar year, along with the quantity of the substance that was manufactured, imported, or used for each activity;
• Trade names of the substance, mixture, product or manufactured item containing the substance;
• 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;
• Storage and transportation container information (e.g. size and type of containment, 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 wastewater effluent flow rates (e.g., average daily volume or 90^th 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 to where your facility wastewater effluents are discharged; and
  • effectiveness of waste management practices.

The Declaration of Non-Engagement and Declaration of Stakeholder Interest forms are available on the Certain Organic Flame Retardant Substance Grouping webpage.

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 (i.e. the 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 Certain Organic Flame Retardant Substance Grouping webpage.

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, 8^th Floor
Gatineau QC K1A 0H3

By courier:

Substances Management Coordinator
Chemicals Management Plan
200 Sacré-Coeur Boulevard, 8^th Floor
Gatineau QC K1A 0H3

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11. What is the deadline for responding?

Every person to whom the notice applies is required to comply with the notice no later than July 30, 2013, 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, 8^th 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 July 30, 2013, 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 July 30, 2013, so that a request can be processed by the Minister of the Environment before expiry of the deadline.

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13. Inquiries – whom to contact

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

• Telephone:
  1-800-567-1999 (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 Organic Flame Retardant Substances Group Inquiry")

Footnote

^[1] CAS RN: Chemical Abstracts Service Registry Number. The Chemical Abstracts Service information is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.