Overview of CEPA Section 71 Notice Notices to provide information for the risk management of certain substances Summer 2017 and Fall 2017 Notices Published in the Canada Gazette on April 1, 2017
Outline Timelines and Key Dates Background and Context Overview of section 71 Notices Persons Required to Respond to the Notices Information Required How to Respond Contact Information 2
Timelines/Key Dates Publication of the Notices: April 1, 2017 This data gathering initiative incorporates 2 Notices These notices have the following reporting deadlines: Summer 2017 Notice: June 28, 2017 (3 p.m. EDT) Fall 2017 Notice: September 27, 2017 (3 p.m. EDT) Extension requests: To be requested in writing prior the respective deadlines Should include full company name, CAS RN, justification and contact information Guidance Document is available on Chemical Substances website Mandatory responses must be submitted via ECCC’s Single Window. 3
Background • The purpose of these Notices is to collect information on approximately 80 toxic and proposed toxic substances for the risk management programs at ECCC and HC • Risk management, informed by data gathering to obtain current market trends, applies to substances that pose a risk (i.e., are concluded “toxic” as defined under section 64 of CEPA), in order to minimize or eliminate the risk. • If a risk management instrument has been in place for some time and the government is not satisfied that the risk has been sufficiently prevented or reduced, it can take further action. 4
Context • Data is being collected through these Notices to inform “ whether to control, or the manner in which to control a substance, including a substance specified on the List of Toxic Substances in Schedule 1 ” (CEPA s.71(1)); i.e. – to identify whether there are new sources of exposure that may require risk management; – to inform development and design of risk management instruments; or – to inform performance measurement and amendments to existing risk management instruments. 5
Performance Measurement • Performance measurement is the process of evaluating the effectiveness of risk management actions • Involves collecting updated data and comparing it to baseline data • Progress towards achieving objectives is evaluated • Outcomes of performance measurement may include: – Amendments to existing instrument(s) – New instrument(s) (e.g., if new sources requiring risk management are identified or if instrument is not effective) – Further data collection, tracking and/or monitoring trends – No further action 6
Summer and Fall 2017 Notices The substances subject to these two Notices are toxic or proposed toxic. – Risk management instruments already in place for some of the toxic substances in the Notices, and will be developed for others. – For substances proposed as toxic, risk management options need to be identified. Substances included in the Notice (Schedule 1) Summer 2017 Notice contains approx. 31 substances divided into 4 parts Fall 2017 Notice contains 50 substances divided into 5 parts 7
Substances in Schedule 1 - Summer 2017 Notice Part 1 – Hexavalent Chromium Compounds Any hexavalent chromium compound, including the 25 CAS RN’s listed. Part 2 – PREPOD and related substance 2-Propanone, reaction products with diphenylamine: CAS RN 68412-48-6 and CAS RN 9003-79-6 Part 3 – Dechlorane Plus (DP), Decabromodiphenyl ethane (DBDPE) and Decabromodiphenyl Ether (decaBDE) Flame retardants: DP (CAS RN 13560-89-9) and DBDPE (CAS RN 84852-53-9) DecaBDE (CAS RN 84852-53-9) Part 4 – Refractory ceramic fibres Any refractory ceramic fibres, including CAS RN 142844-00-6 8
Substances in Schedule 1 - Fall 2017 Notice Part 1 – Toluene Diisocyanates (TDIs) CAS RNs 584-84-9, 91-08-7 and 26471-62-5 Part 2 – Phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)- (DTBSBP) CAS RN 17540-75-9 Part 3 – 2,4,6-tri-tert-butylphenol (2,4,6-TTBP) CAS RN 732-26-3 Part 4 – 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester (DEHP) CAS RN 117-81-7 Part 5 – Tetrachloroethylene (PERC), trichloroethylene (TCE), nonylphenol and its ethoxylates (NPEs) PERC (CAS RN 127-18-4), TCE (CAS RN 79-01-6) and 42 CAS RNs for nonylphenol and its ethoxylates 9
Reporting Criteria – Summer 2017 Notice Reporting years: 2015 and 2016 calendar years , but reporting is done only for the most current year in which the activity took place For example, a substance meets the reporting requirement for both years, reporting must be done for 2016. 10
Reporting Criteria – Summer 2017 Notice Reporting thresholds: Persons who manufactured a reportable substance: A total quantity > 25 kg of a substance described in Part 1 of Schedule 1 A total quantity > 100 kg of a substance described in Parts 2 to 4 of Schedule 1 11
Reporting Criteria – Summer 2017 Notice Imported a total quantity > 25 kg of a substance described in Part 1 of Schedule 1 and applies to substances: present alone; or at a concentration greater than or equal to 0.1% (w/w) in a mixture or product. Imported a total quantity > 100 kg of a substance described in Part 2 of Schedule 1 and applies to substances: present alone; or at a concentration greater than or equal to 0.1% (w/w) in a mixture or product. Imported a total quantity > 100 kg of a substance described in Part 3 of Schedule 1 and applies to substances: present alone; at a concentration greater than or equal to 0.1% (w/w) in a mixture or product; or at a concentration greater than or equal to 0.1% (w/w) in a manufactured item (specified categories). Imported a total quantity > 100 kg of a substance described in Part 4 of Schedule 1 and applies to substances: present alone; or at a concentration greater than or equal to 0.1% (w/w) in a mixture, product or manufactured item. 12
Reporting Criteria – Summer 2017 Notice Used a total quantity > 25 kg of a substance described in Part 1 of Schedule 1, whether the substance is: used alone for chromium electroplating, chromium anodizing or reverse etching; or at a concentration greater than or equal to 0.1% (w/w) in a mixture or product for chromium electroplating, chromium anodizing or reverse etching. Used a total quantity >100 kg of a substance described in Part 2 or 3 of Schedule 1, whether the substance is: used alone to manufacture a mixture, product or manufactured item; or at a concentration ≥ 0.1% (w/w) in a mixture or product to manufacture a mixture, product or manufactured item. Used a total quantity >1000 kg of a substance described in Part 4 of Schedule 1, whether the substance is: used alone; or at a concentration greater than or equal to 0.1% (w/w) in a mixture or product. 13
Reporting Criteria – Fall 2017 Notice Manufactured a total quantity > 100 kg of a substance described in Schedule 1 Imported a total quantity > 100 kg of a substance described in Parts 1 to 5 of Schedule 1, whether the substance is: a) alone; b) listed in Part 1, 4 or 5 of Schedule 1 and at a concentration ≥ 0.1% (w/w) in a mixture or product; c) listed in Part 2 of Schedule 1 and at a concentration ≥ 0.01% (w/w) in a brake fluid; d) listed in Part 3 of Schedule 1 and at a concentration ≥ 0.01% (w/w) in a fuel or lubricant; or e) listed in Part 4 or 5 of Schedule 1 and at a concentration ≥ 0.1% (w/w) in a reportable manufactured item (specific categories). 14
Reporting Criteria – Fall 2017 Notice Used a total quantity > 100 kg of a substance described in Part 1 to 4 of Schedule 1, whether the substance is: a) listed in Part 1 or 4 of Schedule 1 and alone to manufacture a mixture, product or manufactured item b) listed in Part 1 or 4 of Schedule 1 and at a concentration ≥ 0.1% (w/w) in a mixture or product to manufacture a mixture, product or manufactured item c) listed in Part 2 of Schedule 1 and used to manufacture a brake fluid, where the concentration of the substance in the brake fluid is ≥ 0.01% (w/w) d) listed in Part 2 of Schedule 1 and in a brake fluid used for re-packaging purposes, where the concentration of the substance in the brake fluid is ≥ 0.01% (w/w) e) listed in Part 3 of Schedule 1 used to manufacture a fuel or lubricant, where the concentration of the substance in the fuel or lubricant is ≥ 0.01% (w/w ) or f) listed in Part 3 of Schedule 1 and in a fuel or lubricant used for re-packaging purposes, where the concentration of the substance in the fuel or lubricant is ≥ 0.01% (w/w) Used a total quantity > 1000 kg of a substance described in Part 5 of Schedule 1, whether the substance is: a) alone; or b) at a concentration ≥ 0.1% (w/w) in a mixture or product 15
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