New SNAc Requirement for Dinonyl Naphthalenes

Summary#

This is a notice of intent from Environment and Climate Change Canada under the Canadian Environmental Protection Act, 1999 to change the Domestic Substances List so that the Significant New Activity rules in subsection 81(3) would apply to three related chemicals: Naphthalenesulfonic acid, dinonyl- (DNNSA, CAS 25322-17-2), Naphthalenesulfonic acid, dinonyl-, barium salt (BaDNNSA, CAS 25619-56-1), and Naphthalenesulfonic acid, dinonyl-, calcium salt (CaDNNSA, CAS 57855-77-3). The practical effect would be that companies must notify the government before starting certain new or larger uses of these substances. Comments were invited for 60 days after publication (June 10, 2023).

What it does#

• Adds a “significant new activity” requirement for these three substances on the Domestic Substances List. That means people must tell the government before carrying out specified new activities with them.
• Sets quantity triggers that would require notification:
  • Manufacture or use of the substance at or above 5,000 kg in a calendar year.
  • Use as a site-limited intermediate or as a substance intended only for export counted in the 5,000 kg threshold.
  • Use in metalworking fluids or for research and development at or above 1,000 kg in a calendar year.
• Requires a “significant new activity” notification at least 90 days before the activity starts. The notification must include:
  • A description of the proposed activity and expected annual quantities.
  • Locations (top three sites) where it will be made or used, and anticipated amounts.
  • Process flow, likely releases, waste management plans, and other data that help assess environmental and health exposure.
• The government (the Minister of the Environment and the Minister of Health) would assess the submitted information within 90 days after receiving a complete notification.
• Some activities would be excluded, for example uses already regulated under other laws (like the Pest Control Products Act) and certain intermediates, wastes, or low-quantity uses below the thresholds.
• This is a notice of intent (a proposal), not a final rule. A final Order would be published later if adopted.

Who's affected#

• Companies that make, import, use or process these substances—especially in larger amounts. Likely sectors include manufacturers and formulators of:
  • lubricants and metalworking fluids,
  • paints and coatings,
  • oil and gas products,
  • water-treatment and rubber-related products,
  • research laboratories that use them at scale.
• Exporters who move these substances on their own (exports are counted toward the thresholds).
• Small users and uses below the stated thresholds would generally not be affected.
• The public can participate by sending comments to Environment and Climate Change Canada during the comment period.

Why it matters#

• The government wants early notice of new or expanded uses that could increase people’s or the environment’s exposure. That lets regulators check risks before large-scale changes occur.
• For companies, the rule adds paperwork and a waiting period before starting certain new activities above the thresholds. That could affect project timing or decisions about scaling up.
• For communities and the environment, the measure aims to prevent surprises: it gives regulators data so they can decide if further controls are needed to protect health or ecosystems.