SNAN rules for 4,4'-MDA and pMDA

Summary#

Order 2024-87-22-01 Amending the Domestic Substances List adds notification rules for two chemical substances so the government must be told before certain new uses or imports start. The Order took effect when it was registered on November 29, 2024 and requires companies to give information at least 90 days before beginning a covered activity.

What it does#

• Adds the significant new activity (SNAc) requirements under the Canadian Environmental Protection Act, 1999 for the substances:
  • benzenamine, 4,4′-methylenebis- (also called 4,4′-MDA, CAS RN 101-77-9)
  • formaldehyde, polymer with benzenamine (also called pMDA, CAS RN 25214-70-4)
• Requires a Significant New Activity Notification (SNAN) and detailed information at least 90 days before starting any covered new activity.
• Triggers for notification include:
  • Using either substance in the manufacture of a consumer product regulated by the Canada Consumer Product Safety Act or in a cosmetic (as defined in the Food and Drugs Act) when the substance is present at or above 0.1% by weight.
  • Importing these substances in such products if the total amount imported in a calendar year is greater than 10 kg.
  • Any other activity where the total annual quantity used meets one of these thresholds:
    • 1,000,000 kg or more; or
    • 100,000 kg to 1,000,000 kg, if fewer than three of the listed control measures are in place; or
    • 10,000 kg to 100,000 kg, if fewer than two of the listed control measures are in place.
• The Order defines the control measures that count (examples):
  • an on-site system that removes 90% or more of the substance from facility effluent;
  • use of dedicated transport containers that do not require rinsing;
  • reuse of rinse/cleaning water on-site or disposal by incineration or an engineered hazardous waste landfill.
• Some activities are excluded from these notification rules, for example:
  • site-limited intermediate uses under 100,000 kg per year;
  • uses already regulated under other named federal Acts; and
  • certain impurities, by-products, wastes or other specific exemptions described in CEPA.

Who's affected#

• Chemical manufacturers and processors who make or plan to start large-scale uses of 4,4′-MDA or pMDA.
• Importers and brand owners of consumer products or cosmetics that contain these substances at 0.1% weight or more, especially if total imports exceed 10 kg in a year.
• Suppliers and downstream users who may need to provide information or tell customers about the new notification obligations.
• The Order does not change existing activities that were already assessed as low risk, but companies planning new or expanded uses should check whether the SNAN requirement applies.

Why it matters#

• The rule gives government officials advance notice and data about new or larger uses of these chemicals. That lets them assess risks to human health and the environment before those activities start.
• Businesses thinking of introducing or scaling up these substances in consumer products, cosmetics, or industrial processes may need to plan for the 90‑day notification period and to collect technical and manufacturing information.
• For the public, this is a preventive measure: it aims to avoid unexpected increases in exposure from new uses of chemicals that were judged not currently toxic but that have properties of concern if exposure rises.