Tall‑oil amide allowed for asphalt use

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], CAS RN 68650-79-3 only under specific conditions, including limits on use, disposal, record‑keeping and reporting. The conditions came into force on March 7, 2024.

What it does#

• Limits who may make or bring the substance into Canada: only the person who provided information to the government on November 10, 2023 (the “notifier”) may manufacture or import it, and import is allowed only to use it as a component of asphalt or bitumen emulsions.
• Requires the notifier to transfer physical control of the substance only to people who agree in writing to follow the conditions.
• Requires the notifier to notify the Minister of the Environment at least 120 days before starting to manufacture in Canada and to provide information such as:
  • anticipated annual quantity and facility address;
  • transportation, storage and container details;
  • expected environmental releases, including to municipal wastewater;
  • methods recommended for destruction or disposal;
  • process descriptions and flow diagrams for manufacturing.
• Sets disposal and rinsing rules:
  • containers and transport vessels must be thoroughly rinsed before disposal or reconditioning; rinsate must either be incorporated into asphalt/bitumen emulsions or handled as waste;
  • wastes, containers or vessels must be either incinerated according to local law or placed in an engineered hazardous waste landfill.
• Requires immediate action and reporting if any release to the environment occurs: stop further release, limit dispersion, and inform an enforcement officer.
• Establishes record‑keeping duties:
  • keep records of quantities, uses, transfers, and disposal arrangements;
  • obtain written confirmation from recipients that they were informed and will comply;
  • create or update records within 30 days of information becoming available and update address changes within 30 days of learning them;
  • keep records for at least five years at the notifier’s principal place of business in Canada (in English, French, or both).
• Confirms the conditions were signed on behalf of the Minister of the Environment by Marc D’Iorio.

Who's affected#

• The immediate addressee is the notifier (the person who submitted information on November 10, 2023). The public notice does not name that person, so it’s unclear from this document who exactly the notifier is.
• Companies that import, make or handle amides, tall‑oil fatty, N-[3-(dimethylamino)propyl], CAS RN 68650-79-3, especially those involved with asphalt or bitumen emulsions.
• Producers of asphalt/bitumen emulsions who would receive and incorporate the substance.
• Firms that transport, rinse, treat, incinerate or landfill hazardous waste (including engineered hazardous waste landfills).
• Regulators and enforcement officers who would receive reports of releases and notifications.

Why it matters#

• The government suspects this substance may be toxic. These conditions tightly limit how it can be used and moved in Canada to reduce potential harm to people and the environment.
• Companies planning to start manufacturing will have to give detailed advance notice and keep multi-year records. That affects planning, compliance work and waste handling choices.
• Disposal rules mean wastes and contaminated containers must go to incineration or specialized hazardous landfills (or be incorporated into asphalt when rinsate is used), which may change how waste from this chemical is managed locally.
• Because the notice does not identify the notifier publicly, it is not immediately clear which company or organization will be bringing this chemical into use.