The Government of Canada has officially amended the Domestic Substances List (DSL) under the Canadian Environmental Protection Act (CEPA) to enforce Significant New Activity (SNAc) provisions on Methylenediphenyl Diamine (MDA) substances. The Order, effective 29 November 2024, imposes stricter regulatory measures to monitor and mitigate potential health and environmental risks associated with these substances when used in new industrial or consumer activities.
Regulatory Measures Targeting MDA Substances
Two MDA substances—benzenamine, 4,4′-methylenebis- (CAS RN 101-77-9) and formaldehyde polymer with benzenamine (CAS RN 25214-70-4)—are now subject to SNAc provisions. These measures require industries to notify the government at least 90 days before engaging in any significant new activity involving these substances. Notifications must include detailed information about the intended use, potential exposure, and associated risks.
The amendments primarily target activities where the substances are present in concentrations exceeding 0.1% in consumer products or cosmetics. They also focus on industrial applications involving large quantities, with thresholds starting from 10,000 kilograms annually. Control measures must be implemented at facilities to prevent environmental contamination and ensure public safety.
Background on MDA Substances and Risk Assessments
MDA substances are commonly used as intermediates in manufacturing plastics, coatings, and resins, among other applications. Although the 2017 screening assessment concluded these substances are not inherently toxic under CEPA's criteria, concerns remain over their potential risks in new or increased exposure scenarios. This prompted the application of SNAc provisions to safeguard human health and the environment.
"These regulations are part of the Chemicals Management Plan, reflecting our commitment to a proactive approach in mitigating risks posed by hazardous substances," said Steven Guilbeault, Minister of Environment and Climate Change.
Implementation and Compliance
The Order enforces compliance by requiring industries to conduct pre-notification consultations and submit comprehensive data on waste management, release prevention practices, and product composition. Industries failing to comply face enforcement actions under CEPA. However, current uses of the substances remain unaffected as they pose minimal risk when properly managed.
