SNAc rules for benzenamine (BAPP)

Summary#

Order 2020-87-23-01 Amending the Domestic Substances List adds the chemical benzenamine, 4,4′-[(1-methylethylidene)bis(4,1-phenyleneoxy)]bis- (CAS RN 13080-86-9) to the list of substances that trigger Canada’s “significant new activity” rules under the Canadian Environmental Protection Act, 1999. Companies must now notify the government and provide safety and environmental data before starting large new uses of this substance — with notifications required at least 90 days in advance. The Order came into force on the day it was registered (July 29, 2020) and was published in the Canada Gazette on August 19, 2020.

What it does#

• Applies the significant new activity (SNAc) rules to benzenamine (CAS RN 13080-86-9). That means the government must be told about proposed large new uses so it can assess risks first.
• Sets quantity thresholds that trigger the notification requirement:
  • Any activity that uses more than 1 000 kg of the substance in a single calendar year must be notified.
  • An exception: uses under 10 000 kg in a year do not count as a significant new activity if the substance is applied in a spray booth or an enclosed overspray-capture area and wastes are collected on site.
• Requires that the notifier provide detailed information at least 90 days before the new activity begins. Key items include:
  • A description of the proposed activity, annual quantities, and the top sites where it will be used.
  • Details about products containing the substance and the substance’s role in them.
  • A process flow diagram showing where releases could occur, and estimates of potential releases.
  • Waste management and disposal plans, including expected release amounts to wastewater or surface water where applicable.
  • All existing data the notifier has about environmental and human health effects.
  • A chronic toxicity study using fish consistent with OECD Test No. 234 (Fish Sexual Development Test) with Japanese medaka or zebrafish.
• The government will assess the complete notification within 90 days of receipt and may then require risk-management measures before the activity proceeds.

Who's affected#

• Manufacturers, importers and users who handle benzenamine (CAS RN 13080-86-9) in Canada.
• Companies thinking about scaling up or introducing new industrial or commercial uses of the substance.
• Research labs or product developers proposing larger-scale uses, unless their activity falls under an exemption (for example, some regulated uses under other federal acts).
• Waste handlers, wastewater treatment facilities, and facilities that might receive releases if a significant new activity proceeds.
• It is unclear whether small, current users will be affected — current reported Canadian uses were small and already assessed as low risk.

Why it matters#

• The chemical has properties of environmental concern: it is persistent, tends to collect in sediments and soils, can build up in organisms, and modelled data show it is highly hazardous to aquatic life. Modelled data also indicated potential for genotoxic and carcinogenic effects in people, but current exposure in Canada was judged to be very low.
• The Order is designed to stop large new uses from starting without a government assessment first. That gives regulators time to check whether a proposed use would raise exposure to harmful levels, and to require controls if needed.
• For businesses, it means possible extra time and cost before starting big new activities with this substance. Notifiers may need to produce test data and detailed process and waste information.
• For communities and the environment, it reduces the chance that an untested expansion of use would lead to more releases into water, soil, or wildlife.