2008

Appeal Board — Notice of appeal

HAZARDOUS MATERIALS INFORMATION REVIEW COMMISSION

October 4, 2008

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

IN THE MATTER OF an appeal pursuant to section 17 of the Hazardous Materials InformationReview Act by Huntsman Corporation from the decision and order of the Screening Officer dated December 13, 2007, in relation to a claim for exemption bearing Registry Number 6420.

NOTICE OF APPEAL

(Hazardous Materials InformationReview Act Appeal Board
Procedures Regulations, Form 3, Section 8)

APPEAL NUMBER: A-2008-001

AN APPEAL HAS BEEN COMMENCED by Huntsman Corporation from the decision and order of the Screening Officer dated December 13, 2007, with respect to the material safety data sheet, dated June 19, 2007, which relates to the claim for exemption made by Huntsman Corporation bearing the Registry Number 6420 for the controlled product RUBINATE Ò 1790.

THE DECISION AND ORDER APPEALED from provided that

The material safety data sheet (MSDS) relating to the claim did not comply with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations. The Screening Officer made this decision after consultation with officials of the Material Safety Data Sheet Compliance Division of the Hazardous Materials Information Review Commission, and having regard for the various data readily available in the literature and any information provided by the claimant, Huntsman Corporation. There were no submissions from affected parties to the Screening Officer with respect to the relevant MSDS related to the claim for exemption.

In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.

1. Disclose that chronic inhalation of the vapours of an ingredient in the controlled product has been shown to cause adverse central nervous system (CNS) effects in humans;

2. Disclose that an ingredient in the controlled product has been shown to cause mutagenic effects in mammalian cells, in vivo.

THE APPELLANT STATES that

1. In reference to number one (1) above, Huntsman Corporation states that

1.1. The study results for the ingredient were interpreted incorrectly;

1.2. A review of the study referenced by the screening officer concluded that several significant shortcomings precluded the credibility of the findings; and

1.3. There are no CNS effects to disclose.

2. In reference to number two (2) above, Huntsman Corporation states that

2.1. All references for the endpoints were not evaluated and the listed references were misinterpreted;

2.2. A Risk Assessment of the mutagenicity of the ingredient provided no convincing evidence of mutagenic and genotoxic activity; and

2.3. The statement on the current MSDS in regards to mutagenicity, “There is no substantial evidence of mutagenic potential” does not need to be changed.

THE APPEAL WILL BE HEARD by an Appeal Board consisting of Mr. James William Kilgour, Chairperson, Ms. Lisa McCaskell and Mr. David S. Sheppard, Members.

THE APPELLANT HAS REQUESTED to appear before the Appeal Board for the purpose of making oral submissions.

ANY AFFECTED PARTY who intends to participate in the appeal shall advise the Appeal Board by filing a Notice of Appearance with the Appeal Board and serving a copy of the Notice of Appearance on the appellant on or before November 3, 2008.

THE ADDRESS FOR SERVICE on the appellant is Huntsman Corporation, 8600 Gosling Road, The Woodlands, Texas, USA 77381, Attention: David R. Hay, Regulatory Compliance Specialist, 281-719-3026 (telephone), 281-719-3050 (fax).

COPIES OF THE NOTICE OF APPEARANCE as well as information as to Appeal Board procedures may be obtained from the Office of the Chief Appeals Officer. The form of Appearance to be filed with the Appeal Board shall be sent by certified or registered mail or delivered by hand to the attention of Mary Hill, Hazardous Materials Information Review Commission, 427 Laurier Avenue W, 7th Floor, Ottawa, Ontario K1A 1M3, 613-941-2945 (telephone), 613-993-5016 (fax).

September 24, 2008

MARY HILL
Acting Chief Appeals Officer

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