Guidance for Responding to the Paragraph 71(1)(B) Notice of Jan

BATCH 12

Guidance document for responding to the CEPA 1999 paragraph 71(1)(b) Notice with respect to Batch 12 Challenge substances, published on December 26, 2009

This document provides guidance for responding to the Notice with respect to Batch 12 Challenge substances. This notice was published in the Canada Gazette, Part I, on December 26, 2009, pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999 (CEPA 1999). The document is available for guidance only and, in case of discrepancy between this document and the notice or the Act, the notice and the Act take precedence.

On December 9, 2006, the Minister of the Environment and the Minister of Health (the Ministers) published in the Canada Gazette, Part I, the Notice of intent to develop and implement measures to assess and manage the risks posed by certain substances to the health of Canadians and their environment. The notice of intent identified a list of 193 substances (the Challenge substances) as priority for action. Under the Challenge, these substances were divided into a number of batches of substances. Starting in February 2007, the Ministers published on a quarterly basis a notice in the Canada Gazette, Part 1, pursuant to paragraph 71(1)(b) of CEPA 1999, that requires information regarding the presence or use of Challenge substances that would be identified in the particular notice. The December 26, 2009 notice is the last one of the Challenge and requires specific information for the twelfth batch, consisting of 16 Challenge substances.

In addition, in the notice of intent, published on December 9, 2006, the Ministers invite the submission of additional information that is deemed beneficial by interested stakeholders, relating to the extent and nature of the management/stewardship of the Challenge substances. A template of a detailed questionnaire is available as an example for the submission of this information. Guidance on how to respond to the Challenge questionnaire is also offered. Stakeholders who wish to do so may submit additional information in respect to the Challenge substances, using this questionnaire.

The December 26, 2009 notice and all documents related to the collection of information, including the Challenge questionnaire, are available through the Government of Canada Chemicals Substances Web site at http://www.chemicalsubstanceschimiques.gc.ca/challenge- defi/index_e.html . An advisory letter, concerning this notice and the collection of information, was sent to a target community of approximately 8000 companies and industry associations.

of 22 Information for Completion of the December 26, 2009 section 71 notice

1. WHAT IS THE PURPOSE OF THE NOTICE?

2. WHERE CAN I GET A COPY OF THE NOTICE?

3. WHAT SUBSTANCES ARE INCLUDED?

4. WHO IS REQUIRED TO RESPOND AND WHAT SECTIONS NEED TO BE COMPLETED?

4.1- DO I MANUFACTURE? 4.2- DO I IMPORT? 4.3- DO I “USE” A SUBSTANCE INCLUDED IN THE NOTICE? 5. HOW TO SUBMIT A BLIND SUBMISSION?

6. WHAT ARE THE DECLARATION OF NON-ENGAGEMENT, THE DECLARATION OF STAKEHOLDER INTEREST AND THE QUESTIONNAIRE?

7. SCHEDULE 3 OF THE NOTICE

7.1- HOW DO I REPORT THE TOTAL QUANTITIES MANUFACTURED, IMPORTED, USED, RELEASED AND TRANSFERRED? 7.2- MANUFACTURED ITEMS 7.3- WHAT ARE THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODES? 7.4- WHAT ARE THE INDUSTRIAL FUNCTION CODES? 7.5- WHAT IS A RELEASE? 7.6- WHAT IS A TRANSFER TO AN OFF-SITE WASTE MANAGEMENT FACILITY? 8. HOW TO COMPLETE THE SECTIONS OF SCHEDULE 3

8.1- SECTION 3 8.2- SECTION 4 8.3- SECTION 5 8.4- SECTION 6 8.5- SECTION 7 8.6- SECTION 8 8.7- SECTION 9 9. INFORMATION YOU MAY REASONABLY BE EXPECTED TO HAVE ACCESS TO

10. HOW AND TO WHOM DO I RESPOND AND WHAT ADDRESS?

11. WHAT IS THE DEADLINE FOR RESPONSE?

12. WHAT IF I NEED AN EXTENSION?

13. INQUIRIES- WHOM TO CONTACT

of 22 1. What is the purpose of the notice?

Section 71 notices may be used for the purpose of 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 purpose of the current section 71 notice for Batch 12 substances is to identify:

● whether the substances covered under the notice are being manufactured, imported or used in Canada during the calendar years 2006 and 2008; ● the relative quantities of these substances manufactured, imported, used, sold and released in Canada, as well as quantities transferred to an off-site waste management facility; ● the industrial sectors involved in the manufacture, import or use of the substances; ● the chemical identity of the components of the substances; ● the uses of the substances in Canadian commerce; ● the type of mixture, product or manufactured item containing the substances and the top five trade names of these mixtures, products or manufactured items; ● the concentration or range of concentrations of the substances; ● the name, head office street and mailing addresses and telephone number of a maximum of 20 customers in Canada; ● the name and head office street and mailing addresses of the supplier; ● the name and street and mailing addresses of facilities where the substance was manufactured, imported or used; ● the type of releases; ● the procedures, policies or technological solutions in place to minimize releases; ● the studies or data that measure the effect of the above procedures or policies; and ● the degree of exposure to the substances to individuals in Canada and the environment.

The second major goal is to identify persons, including companies, having current activity with respect to any of these substances, to allow for follow-up and where necessary, to gather more detailed information. The detailed information could include use-pattern information, which will allow for the prioritization of future assessment or risk management activities. Requirement for future detailed data collection regarding these substances will be developed, taking into consideration the level of activity and sectors identified in the responses to the notice.

2. Where can I get a copy of the notice?

The notice was published in Part 1 of the Canada Gazette, pursuant to paragraph 71(1)(b) of CEPA 1999 on December 26, 2009. Electronic copies of the notice can be found on the Web site at the following address: www.chemicalsubstances.gc.ca

(To the left, click “The Challenge” on the Main Menu, again on the left, click “Batch 12 Challenge Substances” and then scroll down).

of 22 3. What substances are included?

This notice includes a list of 16 substances identified as priorities for action in the notice of intent published in the Canada Gazette, Part I, on December 9, 2006 and confirmed as Batch 12 in the Notice of identification of the twelfth batch of substances in the Challenge published in the Canada Gazette, Part I, on September 26, 2009. All Batch 12 substances include: Part 1 Substances CAS RN 1 Name of the substance 53-19-0 Benzene, 1-chloro-2-[2,2-dichloro-1-(4-chlorophenyl)ethyl]- 56-95-1 2,4,11,13-Tetraazatetradecanediimidamide, N,N -bis(4-chlorophenyl)-3,12-diimino-, diacetate 102-06-7 Guanidine, N,N-diphenyl- 107-51-7 Trisiloxane, octamethyl- 116-66-5 1H-Indene, 2,3-dihydro-1,1,3,3,5-pentamethyl-4,6-dinitro- 515-03-7 1-Naphthalenepropanol, α-ethenyldecahydro-2-hydroxy-α,2,5,5,8a-pentamethyl-, [1R- [1a(R*),2ß,4aß,8aα]]- 3555-47-3 Trisiloxane, 1,1,1,5,5,5-hexamethyl-3,3-bis[(trimethylsilyl)oxy]- 13080-86-9 Benzenamine, 4,4' -[(1-methylethylidene)bis(4,1-phenyleneoxy)]bis- 59709-38-5 ß-Alanine, N-[4-[(2-bromo-6-chloro-4-nitrophenyl)azo]phenyl]-N-(3-methoxy-3-oxopropyl)-, methyl ester 101200-53-7 Pyridine, 2-[3-(3-chlorophenyl)propyl]- Part 2 Substances CAS RN 1 Name of the substance 68583-58-4 Ethanamine, N-ethyl-N-hydroxy-, reaction products with hexamethylcyclotrisiloxane, silica and 1,1,1-trimethyl-N-(trimethylsilyl)silanamine 68937-51-9 Silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-, reaction products with ammonia, octamethylcyclotetrasiloxane and silica Part 3 Substances CAS RN 1 Name of the substance 68391-11-7 Pyridine, alkyl derivs Part 4 Substances CAS RN 1 Name of the substance

14464-46-1 Cristobalite (Si O2)

14808-60-7 Quartz (Si O2) Part 5 Substances CAS RN 1 Name of the substance 1333-86-4 Carbon black

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.

of 22 4. Who is required to respond and what sections need to be completed?

As outlined in Schedule 2 to the notice, the notice applies to any persons who, during the 2006 calendar year, satisfy any of the following criteria: (a) manufactured or imported a total quantity greater than 100 kg, at any concentration, of a substance listed in Part 1, Part 2 or Part 3 of Schedule 1 to this notice, whether alone, or in a mixture, in a product or in a manufactured item; (b) used a total quantity greater than 1 000 kg, at any concentration, of a substance listed in Part 1, Part 2 or Part 3 of Schedule 1 to this notice, whether alone, or in a mixture, product or manufactured item; (c) manufactured or imported a total quantity greater than 100 kg of a substance listed in Part 4 or Part 5 of Schedule 1 to this notice, whether alone, or in a mixture, product or manufactured item that is intended for any type of use within a residence; or (d) used a total quantity greater than 1 000 kg of a substance listed in Part 4 or Part 5 of Schedule 1 to this notice, whether alone, or in a mixture, product or manufactured item that is intended for any type of use within a residence.

The notice does not apply to (a) a substance, whether alone, or in a mixture, product or manufactured item, in transit through Canada; (b) a substance listed in Part 4 of Schedule 1 to this notice, if the substance or product, mixture or manufactured item containing the substance, is composed of less than 5% respirable crystalline silica which means particles of crystalline silica less than or equal to 10 µm in diameter and available for inhalation; or (c) the substance listed in Part 5 of Schedule 1 to this notice, if the substance or product, mixture or manufactured item containing the substance is not available for inhalation.

Examples: 1) Company meets the reporting threshold: In 2006, if your company used 210 000 kilograms of Product-Z which contained a substance listed in Schedule 1 to this notice at a concentration of 5 %, the total quantity of the substance used is 10 500 kilograms. The reporting threshold is met, regardless of the intended use of the substance.

In 2006, if your company used 2 000 kilograms of Product-X which contained a substance listed in Schedule 1 to this notice at a concentration of 55 %, the total quantity of the substance used is 1 100 kilograms. The reporting threshold is met, regardless of the intended use of the substance.

2) Company does not meet the reporting threshold: In 2006, if your company used 20 000 kilograms of Product-Z which contained a substance listed in Schedule 1 to this notice at a concentration of 2 %, the total quantity of the substance used is 400 kilograms. The reporting threshold is not met.

Persons satisfying any criteria are required to provide the information specified in the notice for the 2006 calendar year. Subsection 71(3) of CEPA 1999 states that every person to whom a notice issued under paragraph 71(1)(b) of the Act is directed, must comply with the notice within the time specified in the notice.

If the person subject to the notice is a company, response to the notice must be submitted on a company-wide basis. The responder will include information with respect to each facility in their single response on behalf of the entire company.

of 22 Respondents to this notice who, (a) manufactured a substance listed in Part 1 of Schedule 1 to this notice shall complete sections 3, 4(1), 5, 8 and 9 in Schedule 3 to this notice; (b) manufactured a substance listed in Part 2 of Schedule 1 to this notice shall complete sections 3, 4(1), 4(2), 4(3), 5, 8 and 9 in Schedule 3 to this notice; (c) manufactured a substance listed in Part 3 of Schedule 1 to this notice shall complete sections 3, 4(1), 4(3), 5, 8 and 9 in Schedule 3 to this notice; (d) manufactured a substance listed in Part 4 of Schedule 1 to this notice shall complete sections 3, 4(1), 4(4), 5, 8 and 9 in Schedule 3 to this notice; (e) manufactured the substance listed in Part 5 of Schedule 1 to this notice shall complete sections 3, 4(1), 4(5), 5, 8 and 9 in Schedule 3 to this notice; (f) imported a substance listed in Part 1 of Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, shall complete sections 3, 4(1), 6, 8 and 9 in Schedule 3 to this notice; (g) imported a substance listed in Part 2 of Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, shall complete sections 3, 4(1), 4(2), 4(3), 6, 8 and 9 in Schedule 3 to this notice; (h) imported a substance listed in Part 3 of Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, shall complete sections 3, 4(1), 4(3), 6, 8 and 9 in Schedule 3 to this notice; (i) imported a substance listed in Part 4 of Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, shall complete sections 3, 4(1), 4(4), 6, 8 and 9 in Schedule 3 to this notice; (j) imported the substance listed in Part 5 of Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, shall complete sections 3, 4(1), 4(5), 6, 8 and 9 in Schedule 3 to this notice; (k)) used a substance listed in Part 1, 2 and 3 of Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, shall complete sections 3, 4(1), 7, 8, and 9 in Schedule 3 to this notice; (l) used a substance listed in Part 4 of Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, shall complete sections 3, 4(1), 4(4), 7, 8, and 9 in Schedule 3 to this notice; or (m) used the substance listed in Part 5 of Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, shall complete sections 3, 4(1), 4(5), 7, 8, and 9 in Schedule 3 to this notice.

4.1- Do I manufacture?

The term “manufacture” in the notice reads as follows:

“ manufacture” includes the incidental production of a substance at any level of concentration as a result of the manufacturing, processing or other uses of other substances, mixtures, or products.

This definition relates to the creation/production of a substance, listed in Schedule 1 to the notice. The term “manufacture”, as used in the notice, applies only to the production of the substance itself, and not to a product or mixture using the substance.

In general, using one or more of the Batch 12 substances to blend or formulate products or mixtures does not meet the definition of “manufacture” under the present notice. However, incidental production of a Batch 12 substance may occur if, during the process of blending or formulating, a chemical reaction occurs that results in the production of a substance (or by-product). If so, the incidental production of the Batch 12 substance would meet the definition of “manufacture” under the notice and have to be reported.

of 22 4.2- Do I import?

Import then relates specifically to the movement into Canada from another country, as well as internal company transfers across the Canadian border, of any substance identified in Schedule 1 to the notice or any mixture, product or manufactured item that contains such a Batch 12 substance. It excludes any substance in transit through Canada.

If you are aware that an imported manufactured item contains a substance included in this notice, you are required to report on this substance if you meet the threshold for reporting. You are required to provide information that you possess or to which you may reasonably be expected to have access.

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

1. You are an individual, company or other body (in Canada) that ordered or purchased from a foreign supplier, a Batch 12 substance or a mixture, product or manufactured item containing a Batch 12 substance that was shipped directly from a foreign source (such as a person or company situated outside of Canada) to your location in Canada.

2. You are an individual, company or other body (in Canada) that ordered or purchased from a foreign supplier, a Batch 12 substance or mixture, product or manufactured item containing a Batch 12 substance that was shipped directly from a foreign source to an address in Canada (including a distribution warehouse) on your request.

3. You are an individual, company or other body (in Canada) that received a Batch 12 substance or mixture, product or manufactured item containing a Batch 12 substance as an internal company transfer from a foreign source.

Individuals, companies or other bodies in Canada that are required to respond can also meet their obligation when a representative is responding on their behalf.

Your activities do not meet the definition of “import” under the notice if you, your company or other body purchased or received a Batch 12 substance or a mixture, product or manufactured item containing a Batch 12 substance that was already located in Canada.

4.3- Do I “use” a substance included in the notice?

The term “use” in the notice reads as follows:

“use” excludes sale, distribution, and repackaging.

Examples of a “user” include:

1) Blending or mixing substances You are an individual, company or other body (in Canada) who obtains a Batch 12 substance (Substance A) from another individual or company in Canada. You blend Substance A with Substance B to make Product AB. You are a user of Substance A.

2) Filling, charging, pressurizing or maintaining equipment You are an individual, company or other body (in Canada) who obtains a Batch 12 substance (Substance A). You clean your equipment with Substance A. You are a user of Substance A.

of 22 3) Reacting a substance You are an individual, company or other body (in Canada) who obtains a Batch 12 substance (Substance A). You use Substance A as a chemical intermediate to manufacture Substance B. You are a user of Substance A.

An example of a non-user includes:

Distributor You are an individual, company or other body (in Canada) who obtains a Batch 12 substance (Substance A). You load Substance A onto a carrier and ship the substance to three other companies. You are NOT a user of Substance A.

5. How to submit a blind submission?

Customers may ask their suppliers if the products they purchase contain substances listed in this section 71 notice. Suppliers looking to protect their formulations as confidential business information may be reluctant to provide the information to their customers so that those customers can respond to the notice. In this case, suppliers and customers can collaborate on a "blind submission".

Since customers may use or import several different mixtures, products or manufactured items that contain the substance, or may use or 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 could inform the customer of the need to report and if a customer suspects that they may meet the threshold for reporting, then they need to work with their supplier to submit a completed section 71 notice.

To submit a "blind submission":

 The customer fills out a section 71 notice which could be done via the Chemicals Management Plan eSubmissions system, completing as much information as possible: - the applicable CAS RN and substance name (if known). If not known, please label as "Substance A", "Substance B", etc. for all applicable products - the product name for the product purchased from the supplier(s) - the quantity (in kg) of mixture, product or manufactured items purchased in the timeframe of the notice - the supplier(s)'s name and address - other questions in the notice to which the customer can respond.

 The supplier then sends: - the list of customers (names and addresses) to which this supplemental information applies for their section 71 notice submissions - the applicable CAS RN and substance name - the product name for the product sold to the customer(s) - the concentration of the substance in the product sold - other questions in the notice to which the supplier can respond.

Any person who provides information in response to the notice may submit, with the information, a written request that the information be treated as confidential. See section 8.1 of this guidance document.

of 22 6. What are the Declaration of Non-Engagement, Declaration of Stakeholder Interest and the Questionnaire?

Declaration of Non-Engagement Persons, including companies, that do not meet the requirements to respond, as outlined in Schedule 2 to the notice, may only submit ONLINE using the eSubmissions system the voluntary Declaration of Non-Engagement for the notice. This system is available on the Chemical Substances Web site at www.chemicalsubstances.gc.ca (To the left, click “The Challenge” on the Main Menu, again on the left, click “Batch 12 Challenge Substances” and then scroll down).

Declaration of Stakeholder Interest Persons, including companies, who have a current or future interest in any of the Challenge substances, may identify themselves as a “stakeholder” for the substance. Please identify the substances of interest to your company and specify your activity, or potential activity with the substance (import, manufacture, use). You will be included in any future mailings regarding section 71 notices applicable for these substances and may be contacted for further information regarding your activity/interest in these substances. Registration to the stakeholder list can only be done ONLINE using the eSubmissions system available on the Chemical Substances Web site at www.chemicalsubstances.gc.ca (To the left, click “The Challenge” on the Main Menu, again on the left, click “Batch 12 Challenge Substances” and then scroll down).

Questionnaire The Minister of Environment and the Minister of Health are also inviting the submission of additional information that is deemed beneficial by interested stakeholders, relating to the extent and nature of the management/stewardship of substances listed under the Challenge substances. Organizations that may be interested in submitting additional information in response to this invitation include those that manufacture, import, export or use this substance whether alone, in a mixture, in a product or in a manufactured item.

A template of a detailed questionnaire is available as an example for the submission of this information and guidance on how to respond to the Challenge questionnaire is also offered. These documents are available on the Chemical Substances Web site at www.chemicalsubstances.gc.ca (To the left, click “The Challenge” on the Main Menu, again on the left, click “Batch 12 Challenge Substances” and then scroll down).

7. Schedule 3 of the notice

7.1- How do I report the Total Quantities Manufactured, Imported, Used, Released and Transferred? It is necessary to report the total quantities manufactured, imported, used, sold, released and transferred for the substances listed in Schedule 1 to the notice.

All reported quantities for manufacture, import, use and sale must be rounded to the nearest kilogram (kg), if less than 1 000 kg or rounded to the nearest hundred kg, if greater than 1 000 kg. Please use this guide to report a rounded quantity. Actual quantity manufactured, Quantity to use for reporting (kg) imported, used or sold as a range (kg) 4.00-4.49 4 4.50-4.99 5 1 200-1 249 1 200 1 250-1 299 1 300 Page 9 of 22 All reported quantities for release and transfer must be rounded to the nearest kilogram. Please use this guide to report a rounded quantity.

Actual quantity released or Quantity to use for reporting (kg) transferred as a range (kg) 4.00-4.49 4 4.50-4.99 5

Quantities must be estimated for the substance itself, and not the mixture, product or manufactured item in which it may be contained. If you both manufacture and import a given substance, you are asked to report the quantity for each activity as a separate entry.

7.2- Manufactured Items If you know that an imported item contains a substance included in this notice, you are required to report on this substance, if you meet the threshold for reporting. This would be information to which you can reasonably be expected to have access. Although not exhaustive, the following are examples of types of manufactured items: clothing, empty storage containers, electrical gear and appliances or parts thereof, office and consumer electronics or parts thereof, tapes, tiles, electrical wire, fabric, foam slabs or shapes and plastic film, pipes, tubes or profiles, plywood, brake linings, fibres, leather, paper, yarns, dyed fabric, matches, flares, photographic films, and batteries.

You are required to provide only the information that you or your company possesses or to which you or your company may reasonably be expected to have access. We recognize that some Canadian importers may not have information available to identify the presence, in a manufactured item, of substances listed in Schedule 1 to the notice. However, one goal of this notice is to ensure that when regulations or other instruments are developed, all activities with these substances have been identified and considered. Reporting by those who have this information will help reduce the possibility of individuals, corporations or other bodies learning to their surprise that they fall under risk assessment and risk management activities for the substances listed in Schedule 1 to the notice.

7.3- What are the North American Industry Classification System codes? You are required to report the North American Industry Classification System (NAICS) code(s) that applies to the activity involving each Batch 12 substance. The code(s) will provide general information on the number and types of sectors involved with the substances listed in the notice.

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 respective national agencies to collect comparable statistical data.

To determine which NAICS code(s) applies to the activities on which you are reporting, a list of six-digit NAICS codes is available at the following Statistics Canada Web site: www.statcan.ca/english/Subjects/Standard/naics/2007/naics07-menu.htm

Please note that the NAICS code(s) Web address is case sensitive.

7.4- What are the Industrial Function Codes? The use pattern codes employed in previous notices are replaced by a new list of codes called “Industrial Function Codes”. They were developed jointly between the United States Environmental Protection Agency (U.S. EPA), 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 substances by industry.

of 22 You are required to report the industrial function code that applies to the activity involving each Batch 12 substance. Please refer to section 11 of the Schedule 3 to the notice for the list of thirty-six (36) industrial function codes and their corresponding descriptions.

Industrial function means the intended physical or chemical characteristic for which a substance or mixture is consumed as a reactant; incorporated into a formulation, mixture, reaction product, or article; repackaged; or used (e.g., reaction intermediate).

The use code number U999 is reserved for the “Other” code. When selecting this code, a written description of the industrial function must be provided.

The industrial function codes are:

Industrial Function Title Description Codes Abrasives Substances used to wear down or polish surfaces by rubbing against the U001 surface. Examples include sandstones, pumice, silex, quartz, silicates, aluminum oxides, and glass. Adhesives and sealant Substances used to promote bonding between other substances, promote substances adhesion of surfaces, or prevent seepage of moisture or air. Examples U002 include epoxides, isocyanates, acrylamides, phenol, urea, melamine, and formaldehyde. Adsorbents and Substances used to retain other substances by accumulation on their surface absorbents or by assimilation. Examples of adsorbents include silica gel, activated U003 alumina, and activated carbon. Examples of absorbents include straw oil, alkaline solutions, and kerosene. Agricultural substances Substances used to increase the productivity and quality of farm crops. U004 (non-pesticidal) Examples include phosphates, lime, nitrates, potash compounds, alum, ammonia and ammonium salts, urea, and mineral supplements. Anti-adhesive agents Substances used to prevent bonding between other substances by discouraging surface attachment. Examples include anti-adherents, antiblock U005 agents, detackifiers, dusting agents, mould release agents, and parting agents. Bleaching agents Substances used to lighten or whiten a substrate through chemical reaction, usually an oxidative process which degrades the color system. Examples generally fall into one of two groups: chlorine containing bleaching agents U006 (e.g. chlorine, hypochlorites, N-chloro compounds and chlorine dioxide); and, peroxygen bleaching agents (e.g. hydrogen peroxide, potassium permanganate, and sodium perborate). Corrosion inhibitors and Substances used to prevent or retard corrosion or the formation of scale. U007 antiscaling agents Examples include phenylenediamine, chromates, nitrates, phosphates, and hydrazine. Dyes Substances used to impart color to other materials or mixtures by penetrating into the surface of the substrate. Examples types include azo, anthraquinone, U008 amino azo, aniline, eosin, stilbene, acid, basic or cationic, reactive, dispersive, and natural dyes. Fillers Substances used to provide bulk, increase strength, increase hardness, or improve resistance to impact. Fillers incorporated in a matrix reduce U009 production costs by minimizing the amount of more expensive substances used in the production of articles. Examples include calcium carbonate, barium sulfate, silicates, clays, zinc oxide and aluminum oxide. Finishing agents Substances used to impart such functions as softening, static-proofing, wrinkle resistance, and water repellence. Substances may be applied to U010 textiles, paper, and leather. Examples include quaternary ammonium compounds, ethoxylated amines, and silicone compounds. Flame retardants Substances used on the surface of or incorporated into combustible materials to reduce or eliminate their tendency to ignite when exposed to heat or a U011 flame. Examples include inorganic salts, chlorinated or brominated organic compounds, and organic phosphates/phosphonates Fuels and fuel additives Substances used to create mechanical or thermal energy through chemical reactions, or which are added to a fuel for the purpose of controlling the rate of reaction or limiting the production of undesirable combustion products, or which provide other benefits such as corrosion inhibition, lubrication, or U012 detergency. Examples of fuels include coal, oil, gasoline, and various grades of diesel fuel. Examples of fuel additives include oxygenated compound such as ethers and alcohols, antioxidants such as phenylenediamines and hindered phenols, corrosion inhibitors such as carboxylic acids, amines, and amine salts, and blending agents such as ethanol.

of 22 Industrial Function Title Description Codes Functional fluids (closed Liquid or gaseous substances used for one or more operational properties in systems) a closed system. This code does not include fluids used as lubricants. Examples include: heat transfer agents (e.g., coolants and refrigerants) such U013 as polyalkylene glycols, silicone oils, liquified propane, and carbon dioxide; hydraulic/transmission fluids such as mineral oils, organophosphate esters, silicone, and propylene glycol; and dielectric fluids such as mineral insulating oil and high flash point kerosene. Functional fluids (open Liquid or gaseous substances used for one or more operational properties in systems) an open system. Examples include antifreezes and de-icing fluids such as U014 ethylene and propylene glycol, sodium formate, potassium acetate, and, sodium acetate. This code also includes substances incorporated into metal working fluids. Intermediates Substances consumed in a reaction to produce other substances for commercial advantage. Examples of intermediates include amines, nitriles, U015 diols, polyalcohols, organic acids and acid chlorides, and organic chlorides and bromides. Ion exchange agents Substances that are used to selectively remove targeted ions from a solution. This code also includes aluminosilicate zeolites. Examples generally consist U016 of an inert hydrophobic matrix such as styrene-divinylbenzene or phenol- formaldehyde, cross-linking polymer such as divinylbenzene, and ionic functional groups including sulfonic, carboxylic or phosphonic acids. Lubricants and lubricant Substances used to reduce friction, heat, or wear between moving parts or additives adjacent solid surfaces, or that enhance the lubricity of other substances. Examples of lubricants include mineral oils, silicate and phosphate esters, U017 silicone oil, greases, and solid film lubricants such as graphite and PTFE. Examples of lubricant additives include molybdenum disulphide and tungsten disulphide. Odor agents Substances used to control odors, remove odors, mask odors, or impart U018 odors. Examples include benzenoids, terpenes and terpenoids, musk chemicals, aliphatic aldehydes, aliphatic cyanides, and mercaptans Oxidizing or reducing Substances used to alter the valence state of another substance by donating agents or accepting electrons or by the addition or removal of hydrogen to a substance. Examples of oxidizing agents include nitric acid, perchlorates, U019 hexavalent chromium compounds, and peroxydisulfuric acid salts. Examples of reducing agents include hydrazine, sodium thiosulfate, and coke produced from coal. Photosensitive substances Substances used for their ability to alter their physical or chemical structure through absorption of light, resulting in the emission of light, dissociation, U020 discoloration, or other chemical reaction. Examples include sensitizers, fluorescents, photovoltaic agents, ultraviolet absorbers, and ultraviolet stabilizers. Pigments Substances used to impart color to other materials or mixtures by attaching themselves to the surface of the substrate through binding or adhesion. This code includes fluorescent agents, luminescent agents, whitening agents, U021 pearlizing agents, and opacifiers. Examples include metallic oxides of iron, titanium, zinc, cobalt, and chromium; metal powder suspensions; lead chromates; vegetable and animal products; and synthetic organic pigments. Plasticizers Substances used in plastics, cement, concrete, wallboard, clay bodies, or U022 other materials to increase their plasticity or fluidity. Examples include phthalates, trimellitates, adipates, maleates, and lignosulphonates. Plating agents and surface Substances applied to metal, plastic, or other surfaces to alter physical or U023 treating agents chemical properties of the surface. Examples include metal surface treating agents, strippers, etchants, rust and tarnish removers, and descaling agents. Process regulators Substances used to change the rate of a reaction, start or stop the reaction, or otherwise influence the course of the reaction. Process regulators include U024 noble metal catalysts such as platinum, palladium, and gold, transition metal catalysts such as iron, vanadium, and nickel, and organic monomers and epoxides used to initiate reactions. Processing aids, specific Substances added to water, oil, or synthetic drilling muds or other petroleum to petroleum production production fluids to control foaming, corrosion, alkalinity and pH, microbiological growth or hydrate formation, or to improve the operation of processing equipment during the production of oil, gas, and other products or U025 mixtures from beneath the earth's surface. Examples include weighting agents added to drilling fluids to increase their density, octal alcohol added to prevent foaming, and substances added to inhibit the formation of hydrates of natural gas and water. U026 Processing aids, not Substances used in applications other than the production of oil, gas, or otherwise covered in this geothermal energy to control, foaming, corrosion, or alkalinity and pH, or to table improve the operation of processing equipment. Examples include buffers,

of 22 Industrial Function Title Description Codes dehumidifiers, dehydrating agents, sequestering agents, and chelators. Propellants and blowing Substances used to dissolve or suspend other substances and either to agents expel those substances from a container in the form of an aerosol or to U027 impart a cellular structure to plastics, rubber, or thermo set resins. Examples include compressed gasses and liquids and substances which release ammonia, carbon dioxide, or nitrogen. Solids separation agents Substances used to promote the separation of suspended solids from a U028 liquid. Examples include flotation aids, flocculants, coagulants, dewatering aids, and drainage aids. Solvents (for cleaning or Substances used to dissolve oils, greases and similar materials from textiles, degreasing) glassware, metal surfaces, and other articles. Examples include U029 trichloroethylene, perchloroethylene, methylene chloride, liquid carbon dioxide, and n-propyl bromide. Solvents (which become Substances used to dissolve another substance to form a uniformly part of formulation or dispersed solution at the molecular level. Examples include diluents used to U030 mixture) reduce the concentration of an active material to achieve a specified effect and low gravity materials added to reduce cost. Surface active agents Substances used to modify surface tension when dissolved in water or water solutions, or reduce interfacial tension between two liquids or between a U031 liquid and a solid or between liquid and air. Examples include carboxylates, sulfonates, phosphates, carboxylic acid, esters, and quaternary ammonium salts. Viscosity adjustors Substances used to alter the viscosity of another substance. Examples U032 include viscosity index (VI) improvers, pour point depressants, and thickeners. Laboratory substances Substances used in a laboratory for chemical analysis, chemical synthesis, extracting and purifying other chemicals, dissolving other substances, and similar activities. Examples of laboratory chemicals include substances that U033 change color to indicate pH, redox potential or other endpoints, halogenated and non-halogenated solvents, chemicals used in titrations and chromatography, Grignard reagents used in organic synthesis, laboratory reagents, and inorganic acids and bases. Paint additives and coating Substances used in a paint or coating formulation to enhance properties such additives not otherwise as water repellence, increased gloss, improved fade resistance, ease of U034 covered in this table application or foam prevention. Examples of paint additives and coating additives include polyols, amines, vinyl acetate ethylene emulsions, and aliphatic polyisocyanates. Pest control substances Substances used as active ingredients or formulants in products, mixture or manufactured items used for directly or indirectly controlling, destroying, U061 attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects. Examples of pest control chemicals include organophosphates, carbamates, organochlorines, pyrethroids, and triazines Other (specify) Substances with an industrial function not otherwise described in this table. A U999 written description must be provided when using this code.

7.5- What is a Release? The term “release” reads in subsection 3(1) of CEPA 1999 as follows:

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

Release includes emission or discharge of a substance in any form, whether the release is intentional or non-intentional.

The following are examples of the different sources of releases of the substance either in solid (i.e. powder, pellet, etc), liquid (i.e. sludge, solution, etc) or gaseous (i.e. 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;

of 22  releases to surface waters - discharges, including discharges to municipal wastewater collection or treatment system plants, spills and leaks;  releases to land - underground injections, discharges to groundwater, discharges resulting from spills, leaks and other.

7.6- 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 to a facility, including a third party facility, which will handle, recycle or dispose of the substance (either as hazardous waste or non-hazardous waste).

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

8. How to complete the sections of Schedule 3

8.1- How to complete section 3 Identification and Declaration The information in the section 3 “Identification and Declaration” is required for three reasons:  to update the identification and contact information of each person who responds to the notice;  to require certification of the accuracy of the response; and  to request confidentiality.

Each response must be signed. You must submit an original signed version of the section 3 with the response to the Minister of the Environment. If you have submitted the information via the Chemicals Management Plan eSubmissions system, you must print a copy of the summary, sign and send it to the Minister of the Environment.

Federal business number The Federal business number is a nine-digit registration number issued by the Canada Revenue Agency (CRA) to Canadian businesses that register for one or more of the following: corporate income tax; importer/exporter account number; payroll (source) deductions (trust accounts); or goods and services tax. This number can be found on all forms issued to a business by the CRA. The first nine digits that appear on these forms is the Federal business number.

Confidentiality requests Pursuant to section 313 of CEPA 1999, 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 any information item provided on a particular substance in response to the notice. When requesting confidential treatment by the Minister of Environment of information provided under the notice, you should provide a reason for your request. The reason may be based upon considerations such as those that appear as examples below:  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 a third party by use of legitimate means, except with the consent of your company;  the information is not available to the public;

of 22  disclosure of the information may reasonably be expected to cause substantial harm to the competitive position of your company;  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 CEPA 1999, in relation to information submitted pursuant to the section 71 notice of CEPA 1999, the Minister of the Environment shall not disclose that information, except in accordance with section 315, 316 or 317 of CEPA 1999.

8.2- How to complete section 4

Subsection 4(1) For each substance listed in Schedule 1, list the total quantity of the substance that was manufactured, imported or used during the 2006 calendar year, whether alone or as a component in a mixture, product or manufactured item. In addition, state whether the substance was manufactured, imported or used during the 2008 calendar year, by indicating “yes” or “no”. Please note the different reporting calendar years included in the table (2006 and 2008). Example:

Whether the substance was Total quantity in kg (rounded to the manufactured or imported in nearest kg, if less than 1000 kg; rounded a total quantity greater than to the nearest hundred kg, if greater than 100 kg or used in a total CAS RN1 of 1000 kg) quantity greater than 1 000 kg the Manufactured Imported in Used in in the 2008 calendar year, by NAICS substance Name of substance in 2006 2006 2006 indicating “yes” or “no” code(s) (a) (b) (c) (d) (e) (f) (g) 102-06-7 Guanidine, N,N-diphenyl- 3000 YES 326290 102-06-7 Guanidine, N,N-diphenyl- 3000 YES 326290 68583-58-4 Ethanamine, N-ethyl-N- 150 NO 325999 hydroxy-, reaction products with hexamethylcyclotrisiloxane, silica and 1,1,1-trimethyl- N-(trimethylsilyl)silanamine 68391-11-7 Pyridine, alkyl derivs 300 YES 325999 14808-60-7 Quartz 2000 NO 327215 1333-86-4 Carbon Black 120 YES 326220

Subsection 4(2) For each substance listed in Part 2 of Schedule 1, that a person manufactured or imported, whether alone, in a mixture, in a product or in a manufactured item, during the 2006 calendar year:

 Provide the chemical reaction type, the process from which the substance is made including more than one reaction type if applicable  Provide the distribution of particle size as an average size and/or a range of maximum and minimum size.  Provide the percentage or average percentage surface treatment. This is usually based on the stoichiometric quantities of the material being treated versus that of the reactant

Example:

CAS RN1 of the Chemical reaction type of Percent or average percentage surface substance the substance Distribution of particle size treatment (a) (b) (c) (d) 68583-58-4 Hydrolysis, silylation 50 nm (45-57 nm) 10%

of 22 Subsection 4(3) For each substance in Part 2 and 3 of Schedule 1 that a person manufactured or imported, whether alone, in a mixture, in a product or in a manufactured item, during the 2006 calendar year:

 Provide the chemical identity (e.g. structural formula diagram, molecular formula, and the name established in accordance with the nomenclature rules of CAS or IUPAC) of the components of the substances including any residual precursors. Each component identified represents a distinct homologous group with a unique molecular formula and weight.

 Provide the supporting analytical data used to identify the components, which 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 articles supporting chemical identity and concentration information, or reference to industry or analytical standards such as the color index or ISO-Standards for essential oils. o When analytical information is submitted, ensure that sufficient detail of the methodology is provided such that concentration and/or chemical identity information may be determined from the information provided.

Example:

Concentration, or range of Chemical identity of the concentrations, of each component CAS RN1 of the components of the substance of the substance including residual Supporting analytical data and substance including residual precursors precursors (w/w%) methodology (a) (b) (c) (d) 68391-11-7 component A 18-22% Attached chromatogram AB in support of quantitative data 68391-11-7 component B 70-75% Attached article to support 3:1 composition of product B:A

Subsection 4(4) For each substance in Part 4 of Schedule 1 that a person manufactured, imported or used, whether alone, in a mixture, in a product or in a manufactured item, during the 2006 calendar year:

 Provide the proportion of the substance having a diameter less than or equal to 10 µm as a weight percentage expressed as w/w%, as determined by sieve analysis, light scattering, settling rate, or other methods.  Provide a summary of the distribution of particle size or provide an attachment with a visual representation, such as a distribution curve, histogram, EM photomicrograph, etc.

Example:

Proportion of the substance having a diameter less than or CAS RN1 of the substance equal to 10 µm as a weight percentage expressed as w/w% Distribution of particle size (a) (b) (c) 14808-60-7 35 Attached particle size distribution curve

of 22 Subsection 4(5) For the substance in Part 5 of Schedule 1 that a person manufactured, imported or used, whether alone, in a mixture, in a product or in a manufactured item, during the 2006 calendar year:

 Provide the composition of the substance , including the chemical identity of the components (e.g. structural formula diagram, molecular formula, and the exact name established in accordance with the nomenclature rules of CAS or IUPAC), as well as the concentration of each component listed. Each component identified should at minimum level of specificity represent a distinct homologous group with a unique molecular formula and weight.  Provide the distribution of particle size as an average size and/or a range of maximum and minimum size, or provide an attachment with a visual representation, such as a distribution curve. If no information on particle size is available, as an alternative, provide the production process by which the substance was made would also indicate the approximate particle size.

Example:

CAS RN1 of the substance Composition of the substance Distribution of particle size (a) (b) (c) 1333-86-4 98% elemental carbon (%-wt) 100 nm (50-150 nm); attached <0.04% sulphur (%-wt) particle size distribution curve < 0.01% ash (%-wt) Residuals

For each substance listed in Schedule 1, list the quantity of the substance that was manufactured for each applicable industrial function code during the 2006 calendar year.

If you do not know the exact use to be made of the substance, then choose the industrial function code that is consistent with the most complete and accurate information available to you.

The quantity manufactured must be indicated per industrial function code. If you indicate 2 or more industrial function codes for a substance then the quantity manufactured per code must be entered separately in the table.

Example:

For each applicable industrial function code of the substance, quantity manufactured in kg Industrial function (rounded to the nearest kg, if less than 1000 kg; CAS RN1 of the (set out in rounded to the nearest hundred kg, if greater Top five trade names of the substance section 11) than 1000 kg) substance, if applicable (a) (b) (c) (d) 68583-58-4 U999: Fixative 150 Tri-Sil84 68391-11-7 U007 300 Cypentil 1333-86-4 U021 120 CB123

of 22 8.4- How to complete section 6

Subsection 6(1) For each substance listed in Schedule 1, list the quantity of the substance that was imported for each applicable industrial function code during the 2006 calendar year.

If you do not know the exact use to be made of the substance or the substance in the mixture, product or manufactured item, then choose the industrial function code that is consistent with the most complete and accurate information available to you.

If the industrial function code is unknown, then provide the quantity of the substance that was imported for each type of mixture, product or manufactured item containing the substance.

The quantity imported must be indicated per industrial function code. If you indicate 2 or more industrial function codes for a substance then the quantity imported per code must be entered separately in the table.

Example:

For each industrial function code of the substance, quantity imported in kg Type of mixture, (rounded to the Top five trade names product, or Concentration, or nearest kg, if less representing the highest manufactured range of Industrial than 1000 kg; aggregate quantity of item containing concentrations, of function code rounded to the substances in each entry CAS RN1 of the the substance, if the substance by (set out in nearest hundred kg, if identified in paragraph substance applicable weight (w/w%) section 11) greater than 1000 kg) (b), if applicable (a) (b) (c) (d) (e) (f) 102-06-7 Product A 40% U022 3,000 DPG Acc 107 14808-60-7 Pure substance 100% U001 2,000 Quartz

Subsection 6(2) For each substance, whether alone, in a mixture, in a product or in a manufactured item, listed in Schedule 1 that was imported and sold to a Canadian company during the 2006 calendar year, report a maximum of 20 companies to whom the largest quantity of the substance was sold. Indicate their name, head office street and mailing addresses and phone number as well as the quantity sold to each company.

Example:

Total quantity of the substance sold to each person identified in paragraph (b) in kg Name, head office street and mailing addresses, and (rounded to the nearest kg, if less than 1000 CAS RN1 of the telephone number of a maximum of 20 persons in Canada to kg; rounded to the nearest hundred kg, if substance whom the largest quantity of the substance was sold greater than 1 000 kg) (a) (b) (c) 102-06-7 Name RY, 123 Contact Street, Ottawa ON K2R 7G8 613-123- 1 500 4567 102-06-7 Name YR, 45 Connection Ave., Vancouver BC V7G 5R5 604- 1 500 890-1234 14808-60-7 Name X, 129 Location Rd, Toronto ON 1H3 4J5 905-509-1234 2 000

of 22 8.5- How to complete section 7

For each substance listed in Schedule 1, list the quantity of the substance that was used for each applicable industrial function code during the 2006 calendar year, whether alone, in a mixture, product or manufactured item.

If you do not know the exact use to be made of the substance or the substance in the mixture, product or manufactured item, then choose the industrial function code that is consistent with the most complete and accurate information available to you.

The quantity used must be indicated per industrial function code. If you indicate 2 or more industrial function codes for a substance then the quantity used per function code must be entered separately in the table.

During the 2006 calendar year, for each substance and applicable industrial function code, list the known or anticipated final substance, mixture, product or manufactured item, the concentration of the substance in the final usage and, indicate by yes or no, if the final substance, mixture, product or manufactured item is intended for sale to the general public.

The information required in section 7 is reportable in two tables.

Example:

For each applicable industrial Type of mixture, Concentration, or function code of the substance, product, or range of quantity used in kg (rounded to manufactured item concentrations, Name and head Industrial the nearest kg, if less than containing the of the substance office street and function code 1 000 kg; rounded to the CAS RN1 of substance, if by weight (w/w mailing addresses (set out in nearest hundred kg, if greater the substance applicable %) of the supplier section 11) than 1 000 kg) (a) (b) (c) (d) (e) (f) 102-06-7 Product A 40% Name-AZ, XXX U022 3000 Roxy Avenue, NY, NY 23456

Known or anticipated final Whether the known or anticipated substance, mixture, Concentration, or range of concentrations, of final substance, mixture, product or product or manufactured the substance by weight (w/w%) in the manufactured item is intended for 1 CAS RN of item containing the known or anticipated final mixture, product or sale to general public, by indicating the substance substance manufactured item “yes” or “no” (a) (g) (h) (i) 102-06-7 Product ABC 3% – 5% Yes

For each substance listed in Schedule 1 that was manufactured, imported or used, whether alone, in a mixture, in a product or in a manufactured item, during the 2006 calendar year, provide the total quantity released or transferred to an off-site waste management facility. Examples of source of releases and physical states are set out in the item 7.5 “What is a release?”.

Note: transfer to an off-site waste management facility is not considered to be a release for the purpose of this notice.

of 22 Example:

Total quantity transferred to an off-site waste Total quantity in kg and management facility rounded to the nearest kg reported in kg and released to Source of Physical rounded to the nearest kg 1 CAS RN of Facility name and (c) releases to state of the (f) the street and mailing air, water substance Non- substance addresses or land released Hazardous hazardous (a) (b) Air Water Land (d) (e) waste waste 102-06-7 Facility ABC, 30 Spill Powder 10 Chemicals Division XXX Newdar Avenue, Toronto ON M2G 3T8 68583-58-4 Facility DEF 100 Leak Powder XXX Yawn Street, Montreal QC H1T 2T9 68391-11-7 Company XYZ 50 Spill Liquid XXX Painter Av., Calgary AB A5C 2Y8 1333-86-4 FacilityABC, 5 Discharges Powder Chemicals Division XXX Newdar Avenue, Toronto ON M2G 3T8

For each substance listed in Schedule 1 that was manufactured, imported, or used, whether alone, in a mixture, in a product or in a manufactured item, during the 2006 calendar year, describe the procedures, policies or technological solutions in place to minimize releases of the substance to the environment and the potential exposure of the Canadian public to the substance.

Procedures, policies or technological solutions in place to prevent or minimize releases of the substance to the environment or the potential exposure of individuals in Canada to the substance [9(b)]:

Provide a description of the procedures, policies or technological solutions at your facility(ies) for each stage of the life cycle of the substance, where applicable, from manufacture/import through to transportation, distribution, use, storage and ultimate disposal.

The procedures or policies can include consideration of: 1. handling procedures to minimize dusts/vapours/spills; 2. clean-up procedures; 3. emergency planning; 4. regulatory/voluntary agreements in place to minimize releases.

Studies or data that measure the effectiveness of the procedures, policies or technological solutions [9(c)]:

Provide a description of reporting mechanisms in place for inspection and monitoring procedures at your facility(ies). These may include on-site ambient monitoring for release of the substance, municipal/provincial/territorial permitting and oversight programs, environmental or other independent audits and site inspection compliance reports.

of 22 Studies or data that measure the exposure in Canada, of individuals or of the environment to the substance [9(d)]:

You are required to report any studies in your possession dealing with the measurement of concentrations of the substance in environmental media (e.g., indoor air, ambient air, surface water, drinking water, soil, sediment) or releases of the substance from final mixtures, products, or manufactured items (e.g. migration studies from food packaging). Published as well as unpublished studies must be provided. If available, a copy of the complete study must be provided. If a copy of the study is not in your possession and you do not have access to it, or if more than five studies exist, then provide a list including a complete reference and a detailed summary outlining the test method, sampling location, sampling time and frequency, concentration range, mean value, number of samples, and any additional information that you judge is pertinent. The environmental media studies may be site specific monitoring studies (e.g., concentration of the substance in wastewater effluent from a manufacturing plant or concentration of the substance from stack emission into outdoor air) or may report on measured levels of the substance in the general environment (e.g., concentration of the substance in Great Lakes surface water).

Example:

Procedures, policies or technological solutions Studies or data that put in place to prevent or minimize releases of measure the effectiveness Studies or data that measure the CAS RN1 of the substance to the environment or the of the procedures, policies exposure in Canada, of individuals the potential exposure of individuals in Canada to or technological solutions or of the environment to the substance the substance, if applicable reported in paragraph (b) substance (a) (b) (c) (d) 102-06-7 Filters in facility air monitoring Study #1 (reference): measured concentration in indoor air 5 μg/m3

68583-58-4 dust filters on vents occupational studies Study #2 (reference): acute toxicity test data attached

68391-11-7 Our company has annual employee training regarding chemical handling

14808-60-7 Our company follows procedures detailed on Study #3 (reference): attached test MSDS provided by supplier. Attached MSDS data 1333-86-4 Our company has strict policies and in facility air monitoring Study #4 (reference): attached test procedures in place for handling carbon black. data See attached document. 9. 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 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, an 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.

You are not required to conduct tests to comply with this notice.

This notice is seeking to identify all persons with interest in or activity involving the substances listed in Schedule 1 to the notice. The goal is to ensure regulatory decisions are made considering all business activity in Canada. Companies that do not fall under the requirements to respond to the notice, but have an interest in future activity regarding specific substances, may identify themselves as a stakeholder.

of 22 10. How and to whom do I respond and what address?

Responses to the notice must be submitted to the Minister of the Environment, to the attention of the: By mail: By courier: DSL Surveys Coordinator DSL Surveys Coordinator Chemicals Management Plan Chemicals Management Plan Gatineau QC K1A 0H3 200 Sacré-Coeur Boulevard, 8th Floor Gatineau QC J8X 4C6

Provide the response by email, by fax or by mail. You must submit an original signed version of the section 3 “Identification and Declaration” with the response to the Minister of the Environment.

You may submit the information ONLINE using the eSubmissions system available at the following Web site address: www.chemicalsubstances.gc.ca (To the left, click “The Challenge” on the Main Menu, again on the left, click “Batch 12 Challenge Substances”, at the bottom right of the page, and then scroll down).

If you submit the information via the Chemicals Management Plan eSubmissions system, you must print a copy of the summary, sign and send it to the Minister of the Environment.

11. What is the deadline for response?

Every person to whom the notice applies is required to comply with the notice no later than April 27, 2010, 3 p.m. Eastern Daylight Saving Time.

12. What if I need an extension?

As provided in subsection 71(4) of CEPA 1999, 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 numbers 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 DSL Surveys Coordinator, Chemicals Management Plan, Gatineau QC K1A 0H3. You may send your request by mail, by fax at 1-800-410-4314/819-953-7155 or by email at [email protected]. Please note that you must request an extension of time before expiry of the April 27, 2010, 3 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 April 27, 2010 so that a request can be processed by the Minister of the Environment before expiry of the deadline.

13. Inquiries- whom to contact

If you have an inquiry, please contact the DSL Surveys Coordinator of the Chemicals Management Plan at the following numbers or email address:  telephone: 1-800-567-1999/819-953-7156;  fax: 1-800-410-4314/819-953-7155; or  email: [email protected]