Notice with respect to asbestos Published in the Canada Gazette - - PowerPoint PPT Presentation

Overview of CEPA Section 71 Notice

Notice with respect to asbestos

Published in the Canada Gazette Information Session

Overview

• Notice under the section 71 of Canadian Environmental

Protection Act, 1999 (CEPA)

• Asbestos section 71 Notice
• Persons Required to Provide Information
• Information Required
• How to Respond to the Notice
• Contact Information

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Notice under the Section 71 of CEPA

• Pursuant to section 71 of CEPA, the Minister may publish in

the Canada Gazette a Notice requiring any person described to provide the required information

• Individuals or companies are required to provide information

in their possession or to which they are reasonably expected to have access – No further testing or studies are required to be performed

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Asbestos Section 71 Notice

Notice with respect to Asbestos

• Published in the Canada Gazette Part I with approximately one month to respond
• An electronic copy of the Notice, a Guidance Document for completing the Notice,

and information for reporting online are available on the Chemical Substances Web site at: http://www.chemicalsubstanceschimiques.gc.ca/

Purpose of the Notice

• To gather information on asbestos and asbestos-containing mixtures, products and

manufactured items in commerce in Canada to inform risk management activities

Substances included in the Notice (Schedule 1)

• The Notice applies broadly to asbestos, and six sub-types of asbestos, including:

– crocidolite asbestos; chrysotile asbestos; brown asbestos; tremolite asbestos; actinolite asbestos; and anthophyllite asbestos

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Persons Required to Provide Information

The reporting criteria are outlined in Schedule 2. The Notice applies to any person who, during any calendar year from 2013 to 2015:

1. Manufactured a total quantity greater than 5 kg of one or more substances listed in Schedule 1 2. Imported a total quantity greater than 5 kg of one or more substances listed in Schedule 1 whether:

a. alone, or b. at a concentration greater than 0.1% by weight (w/w%) in a mixture, product

• r manufactured item

3. Exported a total quantity greater than 5 kg of one or more substances listed in Schedule 1 whether:

a. alone, or b. at a concentration greater than 0.1% by weight (w/w%) in a mixture, product

• r manufactured item

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Persons Required to Provide Information (cont’d)

4. Used a total quantity greater than 5 kg of one or more substances listed in Schedule 1 to manufacture a mixture, a product, or a manufactured item, whether: a. alone, or b. at a concentration greater than 0.1% by weight (w/w%) in a mixture, product or manufactured item

Note:

• “use” refers to formulation activities, and more specifically, “used to manufacture”

refers to creating or producing a mixture, product or manufactured item

• Clarification on other terms such as manufacture, export, manufactured item,

mixture or product can be found in Section 2 of the Guidance Document available

• n the Chemical Substances Web site at:

http://www.chemicalsubstanceschimiques.gc.ca/

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Reporting Diagram for Asbestos

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Exclusions

Exclusions to the Notice are outlined in Schedule 2. The Notice does not apply to:

• a reportable substance, whether alone, in a mixture, in a

product, or in a manufactured item, that is in transit through Canada.

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Information Required

Information required, and applicable definitions are outlined in Schedule 3. Applicable Sections

• If a company meets the reporting requirements, they are required to complete

the applicable sections of the Notice.

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Year* Applicable sections of Schedule 3 4 5 6 7 8 2013  **  2014  **  2015  Manufacture     2015  Import, export or use     

* Most recent calendar year in which the activity took place ** When reporting year is 2013 or 2014, information for section 7 should be based on 2015 calendar year information.

Section 4:Quantity

Who completes it?

• All reporters (2013, 2014 or 2015 manufacturers, importers, exporters

and/or users)

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Information required* Example 1 (a) Year of Reference 2014 2014 (b) CAS RN Number of the substance 1332-21-4 12172-73-5 (c) Quantity Manufactured (kg) (c) Quantity Imported (kg) 11 15 (c) Quantity Exported (kg) 0.5 4.9 (c) Quantity Used (kg) * Information for the most recent calendar year in which a reportable activity took place must be provided

Section 4: Quantity (cont’d)

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Information required* Example 2 (a) Year of Reference 2014 2015 (b) CAS RN Number of the substance 1332-21-4 1332-21-4 (c) Quantity Manufactured (kg) (c) Quantity Imported (kg) 40 (c) Quantity Exported (kg) 10 (c) Quantity Used (kg) 30

• In this example, 2015 is the most recent calendar year in which a reportable activity

took place. Only 2015 quantity used is reportable. 2014 quantities may be submitted voluntarily through a Declaration of Stakeholder Interest.

* Information for the most recent calendar year in which a reportable activity took place must be provided

Who completes it?

• 2015 manufacturers, importers, exporters, and/or users

Note: Must provide a description of the known or anticipated final goods containing the substance when choosing “C999 – Other (Specify)”.

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Section 5: Consumer and Commercial Codes Information

Information required Example (a) CAS RN of the substance 12172-73-5 (b) Consumer and Commercial code(s) that describe the known or anticipated final goods containing the substance C101 C204.06 (c) Quantity imported, exported, manufactured, or used (kg) 11 30.2 (d) Concentration (w/w %) 0.19 1.1 (e) Common or generic name of the substance or the known or anticipated final final goods containing the substance Floor tiles Insulation boards

Who completes it?

• 2015 importers, exporters, and/or users

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Section 6: Supplier Information

Information required Example (a) CAS RN of the substance 12001-28-4 (b) Supplier Name Asbestos Inc. (b) Head Office Street and Mailing Address for Supplier 1234 Bright St., Toronto, ON, K1A 0HW

Who completes it?

• All reporters (2013, 2014 or 2015 manufacturers, importers, exporters and/or

users)

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Section 7: Company Information

Information required* Example (a) Number of employees (regular and contract employees) in Canada (choose from a provided range) 100 - 499 (b) Company wide gross annual revenue in Canada (choose from a provided range) $5 million to $50 million

• Information must be provided for the 2015 calendar year, even is the year of reference is

2013 or 2014

• The information requested is for the entire company, not solely the business unit or

facility focusing on asbestos

Who completes it?

• All reporters (2013, 2014 or 2015 manufacturers, importers, exporters and/or users)

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Section 8: Substance Phase Out and Substitution

Information required* Example (a) whether the company has, or plans to phase out the manufacture, import, export or use of asbestos, by indicating “yes”

• r “no”;

Yes

(b) If the answer to (a) is “yes”, please indicate the date or anticipated date of phase out. If the answer to (a) is “no”, please explain reasoning

2017-04-01

(c) whether the company has substituted, or plans to substitute, asbestos with an alternative substance, by indicating “yes” or “no”;

Yes

(d) if the answer to (c) is “yes”, please indicate the name of the alternative substance.

Substance X (CAS RN XXX-XX-X) * Information for the most recent calendar year in which a reportable activity took place must be provided

Request for Confidentiality

• As part of Section 313 of CEPA, companies who provide information in

response to a section 71 Notice may submit with the information a request that it be treated as confidential. – Clearly identify the specific data elements in your response that are confidential business information – Provide a rationale indicating the reason for requesting

• confidentiality. The rationale is requested for each substance on

which the person has reported in their response to the Notice

• Section 5 of the guidance document contains further information on how

to make a request for confidentiality.

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• Blind submissions

– Used when a supplier’s information is confidential (e.g., substance identity, concentration). Each party (supplier and customer) submits partial data to make one complete response. (Refer to Guidance document Sections 5 and 6).

• Joint submissions

– Coordinated response on behalf of several parties, pooling resources and saving costs. For example:

• Association submitting on behalf of their members
• Large supplier submitting on behalf of their downstream

customers Blind and joint submissions can be submitted by email to eccc.substances.eccc@canada.ca (Indicate in the subject line “Asbestos Blind Submission“ or “Asbestos Joint Submission")

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Blind and Joint Reporting

How to Respond to the Notice

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• Responses to the Notice must be provided no later than the deadline published in the
• notice. Responding can be done using the online reporting system available through

Environment and Climate Change Canada’s Single Window.

• If additional time is required, an extension may be requested in writing before the Notice

deadline to the Substances Management Coordinator at eccc.substances.eccc@canada.ca

– However, extensions will only be granted in exceptional circumstances and for

a short period of time

– Include full company name and contact information, CAS RN if known, and rationale

for extension request

– It is recommended that a request be submitted at least 5 business days prior to the

deadline to allow for processing

• For guidance to help determine if you are subject to the Notice and for assistance with

completing the various sections of the Notice, refer to the Guidance document for completing the CEPA section 71 Notice with respect to Asbestos, available on the Chemical Substances Web site at http://www.chemicalsubstanceschimiques.gc.ca/

Declaration of Stakeholder Interest

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Companies not subject to the Notice but who have an interest in asbestos, are encouraged to identify themselves as a stakeholder by submitting online the Declaration of Stakeholder Interest. When submitting the declaration:

• identify the substances of interest
• specify your activity or potential activity with the substance (i.e.: import,

export, manufacture or use); and

• Indicate the type of interest (i.e.: past, current or future).

Stakeholders may be contacted for further information regarding their interest in these substances.

Submission of Voluntary Information

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Voluntary data supplementing a section 71 response can be submitted online in any “Notes” fields of the section 71 reporting form within the Environment and Climate change Canada’s Single Window reporting system. Voluntary data provided independently can be submitted online through a Declaration of Stakeholder Interest by:

• Entering comments or details in an open text field; or
• Uploading documents through the upload feature.

When submitting voluntary data:

• Clearly indicate the information is “voluntary”
• Identify the substance
• Provide the calendar year to which it applies

You are encouraged to provide additional information that is deemed beneficial for the program.

Declaration of Non-Engagement

Companies not subject to the Notice and who have no commercial interest in any of the seven forms of asbestos listed in Schedule 1 of the Notice are encouraged to complete a voluntary Declaration of Non-Engagement.

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• Responses to the section 71 Notice, the Declaration of Stakeholder Interest

and the Declaration of Non-Engagement should be completed electronically using the online reporting system available through Environment and Climate Change Canada’s Single Window (https://ec.ss.ec.gc.ca/).

• Responses should be submitted by completing the applicable sections directly

into the online reporting system.

• For more information on Environment and Climate Change Canada’s Single

Window reporting system refer to: http://ec.gc.ca/gu- sw/default.asp?lang=En&n=18E16F61-1

• A Chemical Management Plan Reporting via Environment and Climate Change

Canada’s Single Window How-To Guide is available at http://www.ec.gc.ca/ese- ees/default.asp?lang=En&n=57B4EAC3-1

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How to Submit a Response

Contact information

Inquiries concerning the Notice may be directed to the following numbers or email address: Telephone: 1-800-567-1999 (Toll-free in Canada 819-938-3232 (Outside of Canada) E-mail: eccc.substances.eccc@canada.ca (Indicate in the subject line “Asbestos Inquiry")

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Thank you! eccc.substances.eccc@canada.ca