Antistatic Chemical Allowed with Conditions

Summary#

This item publishes Ministerial Condition No. 21877 under the Canadian Environmental Protection Act, 1999. It allows the manufacture or import of quaternary ammonium compounds, plant based alkylethylbis(hydroxyethyl), Et sulfates (salts) (Confidential Accession Number 19740-8) but only under narrow conditions. The conditions came into force on September 13, 2024.

What it does#

• Gives the person who submitted the chemical information (the notifier) permission to manufacture or import the substance, but only while following detailed conditions.
• Limits the allowed use: the substance may be manufactured or imported only as an antistatic agent for fibreglass and plastics.
• Requires that the substance be transferred only to people who agree in writing to use it for that same limited purpose.
• Requires the notifier to tell the Minister of the Environment at least 120 days before starting manufacturing in Canada and to provide a list of information, including:
  • the anticipated annual quantity and the manufacturing facility address;
  • how it will be transported, stored and what containers will be used;
  • expected environmental releases (including to municipal wastewater) and what parts of the environment might be exposed;
  • recommended destruction or disposal methods and any test data or other hazard information the manufacturer has;
  • detailed descriptions of the manufacturing process and a flow diagram.
• Sets disposal rules for leftover product and containers:
  • containers/vessels must be thoroughly rinsed and the rinsate either reused in formulations or managed as waste; and
  • wastes, containers or vessels must be either incinerated under applicable law or deposited in an engineered hazardous waste landfill facility under applicable law.
• Requires immediate action and reporting to an enforcement officer if any release to the environment occurs.
• Requires the notifier to inform any transferee in writing about these conditions and to obtain written confirmation that the transferee will comply.
• Establishes record-keeping rules:
  • keep records of uses, quantities manufactured/imported/sold, transferees and disposal details;
  • create records no later than 30 days after the information becomes available and keep them for at least five years at the principal place of business in Canada;
  • records may be electronic but must be readable and in English, French, or both.

Who's affected#

• Notifier — the person or company that provided the required information on May 21, 2024 and who is allowed to manufacture or import under these conditions.
• Any company that would import, make, sell, or use this specific quaternary ammonium compound in Canada, especially chemical suppliers and manufacturers of fibreglass and plastics that use antistatic agents.
• Waste handlers, incinerators and hazardous-waste landfills that would receive leftover product, rinsates, containers or other waste from this substance.
• Regulators and enforcement officers who will receive notifications and monitor compliance.
• It is unclear from the notice whether any other parties beyond the notifier and their downstream transferees are affected.

Why it matters#

• The government is allowing a specific chemical to be made or imported, but only for a narrow industrial use and with strict controls intended to limit exposures and environmental release.
• Companies planning to handle this chemical must follow specific notification, disposal and record-keeping steps before and during manufacture or import. Those requirements can affect planning, costs and operations.
• The conditions require transparency about quantities, releases and manufacturing steps, which gives regulators more information to assess and manage potential risks.