Trailer Standards Suspended; Chemical Allowed with Conditions

Summary#

• The Department of the Environment published two notices on May 3, 2021.
• The first is the Interim Order Modifying the Operation of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations (Trailer Standards), which temporarily says the trailer rules do not apply as of January 1, 2020. The second is Ministerial Condition No. 20656, which allows limited manufacture or import of the substance with CAS number 68411-70-1 under specific controls.

What it does#

• Interim Order (trailers)
  • Says the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations do not apply to trailers on and after January 1, 2020.
  • The suspension is temporary and tied to further government approval or changes to the regulation. The notice says it will end within about one year unless the regulation is amended sooner.
• Ministerial Condition No. 20656 (chemical)
  • Permits the manufacture or import of the substance (CAS 68411-70-1) but only under strict conditions.
  • Limits use to being a curing agent in industrial epoxy coating systems that are not consumer products.
  • Requires the notifier (the company that submitted required information by January 8, 2021) to give the government at least 120 days notice before starting to manufacture in Canada and to provide technical and facility details.
  • Forces safe disposal only by incineration or engineered hazardous waste landfills and requires immediate action and notification if any release occurs.
  • Requires written warnings and written agreements before transferring the substance, and record-keeping of quantities, transfers and disposal for at least 5 years.
  • Comes into force on May 3, 2021.

Who's affected#

• Interim Order (trailers)
  • Trailer manufacturers and designers.
  • Companies that import, sell or register heavy trailers in Canada.
  • Regulators and anyone tracking vehicle greenhouse-gas rules.
• Ministerial Condition No. 20656 (chemical)
  • The notifier (the company that applied; not named in the notice).
  • Any company that manufactures, imports, or uses this substance as a curing agent in industrial epoxy coatings.
  • Waste handlers and hazardous-waste facilities that would receive residues.
  • Workers and workplaces using the chemical (because of handling, reporting and record-keeping requirements).

Why it matters#

• For trailers: the order means the trailer-specific federal emissions standards are not being applied for now. That can change what trailer makers must meet in Canada and may affect emissions tracking and future compliance planning.
• For the chemical: the government is allowing limited industrial use while setting controls to reduce risks. That keeps a specific industrial supply path open, but restricts consumer uses and adds monitoring, disposal and notification responsibilities for companies that handle the substance.
• If anything in the notices is unclear (for example, the identity of the notifier), the original Gazette text should be consulted for details.