Use Conditions for Tall-Oil Amide

Summary#

This notice publishes Ministerial Condition No. 21689 under the Canadian Environmental Protection Act, 1999. It allows the manufacture or import of amides, tall‑oil fatty, N-[3-(dimethylamino)propyl], Chemical Abstracts Service Registry Number 68650-79-3 but only under strict conditions because the Minister of the Environment and the Minister of Health suspect the substance may be harmful. The conditions took effect on March 7, 2024.

What it does#

• Limits who can make or import the substance:
  • Only the person who filed information with the government on November 10, 2023 (called the notifier) may manufacture or import it under these conditions.
• Restricts how the substance can be used:
  • It may be imported only to be mixed into asphalt or bitumen emulsions.
  • The notifier may transfer it only to someone who agrees to use it that way.
• Requires advance notice before making it in Canada:
  • The notifier must tell the government at least 120 days before starting manufacture in Canada and provide details such as quantities, facility address, transport and storage plans, expected environmental releases, disposal methods, and manufacturing process details.
• Sets disposal and cleanup rules:
  • Containers and transport vessels must be thoroughly rinsed. The rinse water must either be reused in asphalt/bitumen emulsions or disposed of by incineration or in an engineered hazardous waste landfill.
  • If any release to the environment happens, the notifier must stop further release, limit spread, and inform an enforcement officer as soon as possible.
• Imposes record-keeping:
  • The notifier must keep records of uses, quantities made/imported/sold, who received the substance, and disposal actions.
  • Records must be kept in Canada for at least five years, be updated within 30 days of address changes, and be readable electronically if stored that way.

Who's affected#

• The primary party affected is the person who submitted the chemical information on November 10, 2023 (the notifier).
• Companies that make or import this chemical in the future would be affected if they are or become the notifier.
• Buyers or users in the asphalt and bitumen emulsion industry who might receive the substance.
• Waste handlers, incinerators, and hazardous waste landfills that would accept rinsates, contaminated containers, or other wastes containing the substance.
• Local authorities and environmental enforcement officers who would respond to any releases.

If it’s unclear who will manufacture the substance in Canada beyond the notifier, the notice does not name other specific firms.

Why it matters#

• The government suspects the chemical could be harmful, so it is allowing limited use while setting controls to reduce harm.
• By restricting use to asphalt/bitumen emulsions and requiring detailed notices, disposal rules, spill response, and record-keeping, the conditions try to limit environmental release and track where the substance goes.
• Companies in the asphalt supply chain and waste-management businesses may need to follow stricter handling and disposal steps or refuse material if they cannot meet the conditions.