Tall‑oil amide allowed for asphalt use

Summary#

The government issued Ministerial Condition No. 21689 under the Canadian Environmental Protection Act, 1999 that allows limited manufacture or import of the chemical amides, tall‑oil fatty, N-[3-(dimethylamino)propyl] (CAS 68650‑79‑3) while the substance is being assessed for potential toxicity. The permission is tightly restricted to specific uses, handling, disposal and record‑keeping; the conditions came into force on March 7, 2024.

What it does#

• Allows the person who filed information on November 10, 2023 (the “notifier”) to manufacture or import the substance, but only under the listed conditions.
• Restricts how the substance can be used:
  • The substance may be imported only to be incorporated into asphalt or bitumen emulsions.
  • The notifier may transfer the substance only to someone who agrees to use it in that way.
• Sets notification requirements if manufacturing begins in Canada:
  • The notifier must tell the Minister of the Environment in writing at least 120 days before starting, and provide details such as estimated annual quantities, facility address, transport and storage plans, likely environmental releases, disposal methods, and process descriptions.
• Controls disposal and cleanup:
  • Containers and transport vessels must be thoroughly rinsed; the rinsate should either be used in asphalt/bitumen emulsions or disposed of as hazardous waste.
  • Waste, containers or contaminated vessels must be either incinerated according to local laws or deposited in an engineered hazardous waste landfill facility.
• Requires immediate action on releases:
  • Any accidental release must be stopped and contained, and the Minister of the Environment must be notified as soon as practicable by contacting an enforcement officer.
• Establishes record keeping:
  • The notifier must keep records of uses, quantities manufactured/imported/sold/transferred, recipients’ names and addresses, disposal contractors and methods, and written confirmations from recipients.
  • Records must be kept in English and/or French at the notifier’s principal place of business in Canada for at least five years, be updated within 30 days if addresses change, and be created within 30 days of when the information becomes available.

Who's affected#

• The primary party affected is the person who provided the information to the government on November 10, 2023 (the notifier).
• Companies that would import, manufacture, handle, transport or use this substance — especially those making or using asphalt or bitumen emulsions — must follow the conditions.
• Waste management and disposal facilities (incinerators and engineered hazardous waste landfills) may be involved if the substance or its contaminated containers are disposed.
• Municipal wastewater systems could be affected if the substance is released to them, since the notifier must report anticipated releases.

Why it matters#

• The government suspects the chemical may be harmful, but has allowed limited activity under strict controls instead of an outright ban. That keeps industrial uses in place (mainly in asphalt/bitumen work) while seeking more information on risks.
• If you work with asphalt, transport chemicals, manage hazardous waste, or run a facility where this chemical might end up, these rules change how the material must be handled, reported and disposed.
• For the public, the rules aim to reduce the chance of environmental releases and ensure that any releases are reported and cleaned up promptly.