Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations doc

1 VolatileOrganicCompound(VOC)ConcentrationLimits for AutomotiveRefinishingProductsRegulations  QuestionsandAnswers 2 ISBN 978-1-100-19164-5 Cat. no.: En14-25/1-2011E-PDF Information contained in this publication may be reproduced, in part or in whole, and by any means, for personal or public non-commercial purposes, without charge or further permission, unless otherwise specified. You are asked to: • Exercise due diligence in ensuring the accuracy of the materials reproduced; • Indicate both the complete title of the materials reproduced, as well as the author organization; and • Indicate that the reproduction is a copy of an official work that is published by the Government of Canada and that the reproduction has not been produced in affiliation with or with the endorsement of the Government of Canada. 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Photos: © Environment Canada © Her Majesty the Queen in Right of Canada represented by the Minister of the Environment, 2011 Aussi disponible en français i Table of Contents Disclaimer 1 Introduction 1 Section 1: Interpretation 3 Question 1.1: Definition of VOCs 3 Question 1.2: Automotive Refinishing Products 3 Section 2: Application 3 Question 2.1: Excluded Products 3 Question 2.2: Cleaners Used to Rinse Spray Guns 4 Question 2.3: Lacquers Used for Restoring Antique Vehicles 4 Question 2.4: Spray Bombs 4 Question 2.5: Responsibility as a Seller 4 Section 3: Prohibitions 5 Question 3.1: Regulatory Requirements 5 Question 3.2: VOC Concentration Limits 5 Question 3.3: Product Corresponding to More than One Category 5 Question 3.4: Use of Non-compliant Product 5 Section 4: Permits 5 Question 4.1: Provision for Permit Application 5 Question 4.2: Permit Application 5 Section 5: Determination of VOC Concentration 6 Question 5.1: Excluded Compounds 6 Question 5.2: TBAc 6 Section 6: Accredited Laboratory 7 Question 6.1: Using Accredited Laboratories 7 Section 7: Labelling 7 Question 7.1: Labelling Requirements 7 Section 8: Record-Keeping 7 Question 8.1: Maintaining Records 7 Question 8.2: Record-keeping at Collision Repair Shops 7 Section 9: Coming into Force 8 Question 9.1: Coming into Force Dates 8 Question 9.2: Different Date Provided by Supplier or Manufacturer 8 ii General Questions 8  Question 1: Vehicle Manufacturing Process 8 Question 2: Safety and Toxicity of Low-VOC Products 8 Question 3: Reformulation of Solvent-based Products 9 Question 4: Cost Implications 9 Question 5: Canada Small Business Financing Program 9 Question 6: Training on Low-VOC Products 9 Question 7: Demonstrating Compliance 10 Question 8: Environment Canada Contact Information 10 Annex 1: List of Product Categories and VOC Concentration Limits 11 1 Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations Questions and Answers January 2011 DISCLAIMER Although care has been taken to ensure that this list of frequently asked questions accurately reflects the requirements of the Canadian Environmental Protection Act, 1999 (CEPA 1999) and the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations, the Act and the Regulations prevail over the text of this document in case of any discrepancies or inconsistencies. This document does not supersede or modify the Act or the Regulations and is only intended to be a quick reference guide to the main elements of the Regulations. It is ultimately the responsibility of regulatees to be familiar with the full text of the Regulations, which are available at www.ec.gc.ca/lcpe-cepa/eng/regulations/detailReg.cfm?intReg=118. INTRODUCTION The objective of the Regulations is to protect the environment and health of Canadians from the effects of air pollution. The Regulations establish VOC concentration limits for 14 categories of automotive refinishing products for use in Canada. These products are required to meet the established concentration limits before they can be manufactured, imported, offered for sale or sold in Canada. It is estimated that over 5 kilotonnes of VOCs are emitted each year from coatings and surface cleaners used in automotive refinishing operations in Canada. The Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations are expected to reduce the annual VOC emissions from these sources by approximately 40%. The Regulations are aligned with limits set by the California Air Resources Board suggested control measure (CARB SCM) for automotive refinishing products. During regulatory development, it was determined that the greatest potential reduction in Canada would be achieved by establishing VOC concentration limits similar to the CARB SCM. Other jurisdictions in the United States, as well as the European Union, have either already established similar limits or are considering them. Therefore, aligning the Regulations will facilitate consistency across North America, provide a level playing field to manufacturers and importers of automotive refinishing products, and provide consistent treatment across jurisdictions. 2 Questions and inquiries regarding the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations can be directed to Environment Canada: Telephone: 1-800-668-6767 Fax: 1-888-391-3695 or 819-953-3132 Email: vocinfo@ec.gc.ca For additional information, visit: www.ec.gc.ca/cov-voc 3 LIST OF FREQUENTLY ASKED QUESTIONS The following questions and answers are ordered by the sections in the Regulations. Each question below only addresses a specific issue or requirement in the Regulations. Regulatees must comply with all applicable requirements in the Regulations. SECTION 1: INTERPRETATION Question 1.1: Definition of VOCs Q: What are VOCs? A: Volatile organic compounds (VOCs) are air pollutants that contribute to the formation of ground-level ozone and particulate matter, the main ingredients in smog. Recent studies confirm the environmental and human health impacts of smog and show that air pollution increases the risk of lung cancer and heart disease. The legal definition of the term “volatile organic compounds” under item 65 in Schedule 1 of the Canadian Environmental Protection Act, 1999 can be consulted at the following website: www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=0DA2924D-1&wsdoc=4ABEFFC8- 5BEC-B57A-F4BF-11069545E434. Question 1.2: Automotive Refinishing Products Q: What are automotive refinishing products? A: Automotive refinishing products are coatings and surface cleaners that are applied to motor vehicles and mobile equipment (cars, motorcycles, trucks, truck trailers, street cleaners, farm equipment, etc.) to refinish the surface or to prepare the surface for a coating. The use of automotive refinishing products results in the emission of VOCs following application of the products to a surface. SECTION 2: APPLICATION Question 2.1: Excluded Products Q: What products are excluded from the Regulations? A: The Regulations do not apply to products that are: i. manufactured, imported or sold for the purposes of export; ii. used for application in a factory or a shop for purposes other than automotive refinishing, on products other than motor vehicles, mobile equipment or their parts; iii. in a non-refillable aerosol spray container or manufactured or imported to be packaged in that type of container; iv. in a container with a capacity of 14.8 mL (0.5 fl oz) or less or manufactured or imported to be packaged in that size of container; v. applied to motor vehicles or mobile equipment, or their parts, during manufacture; 4 vi. used as a solvent in a laboratory for analysis; vii. used in scientific research; viii. used as a laboratory sample or analytical standard; ix. for use in chemical agent resistant coatings for motor vehicles, mobile equipment or their parts, for use in a military operation; or x. in a container with a capacity of 118.3 mL (4.0 fl oz) or less or manufactured or imported to be packaged in that size of container, for use in automobile mobile restoration services. Question 2.2: Cleaners Used to Rinse Spray Guns Q: If I use a cleaner to rinse spray guns after spraying refinish coatings, is it exempted from the Regulations? A: In the definition section of the Regulations, “surface cleaner” is defined as a “product used to prepare the surface of motor vehicles or mobile equipment by removing unwanted matter from the surface before applying a coating. It excludes products used for cleaning automotive refinishing equipment and hand-held spray bottle spot cleaners used to prepare surfaces prior to sanding.” Any other cleaner, for instance one only to be used for cleaning automotive refinishing equipment, is not subject to the Regulations. Question 2.3: Lacquers Used for Restoring Antique Vehicles Q: Is the lacquer to be used for the restoration of antique vehicles exempted from the Regulations? A: The products used in carrying out metal plating and lacquer topcoats and any oil- based enamel paints used for the restoration of motor vehicles or mobile equipment made on or before 1985 and their parts are not subject to the Regulations. Question 2.4: Spray Bombs Q: Our company currently imports several products containing VOC levels above the regulatory limits in order to make “spray bombs” for sale to the public. Is this activity still allowed under the Regulations? A: The Regulations do not apply to automotive refinishing products that are “imported, offered for sale or sold in a non-refillable aerosol spray container or manufactured or imported to be packaged in that type of container”. With regards to specific products with VOC levels in excess of the regulatory limits, if they are being manufactured or imported to be packaged in these non-refillable aerosol containers, they are not covered by the Regulations. Question 2.5: Responsibility as a Seller Q: What is our responsibility as a seller of automotive refinishing products to ensure they are going to be applied in the proper environment? A: The users (customers) are not subject to the Regulations. The regulated entities (manufacturers, importers and sellers) will have to make sure that the supply of their products is compliant with corresponding requirements in the Regulations and will also have to ensure that requirements of the Record Keeping provisions must be met (section 13 of the Regulations). 5 SECTION 3: PROHIBITIONS Question 3.1: Regulatory Requirements Q: What are the main requirements of the Regulations? A: The Regulations apply to the manufacture, import, offer for sale and sale of automotive refinishing products in Canada and set mandatory VOC concentration limits for 14 categories of these products. There are also requirements for product labelling and record-keeping by regulatees. Question 3.2: VOC Concentration Limits Q: What are the VOC concentration limits? A: The 14 product categories, their definitions and the associated VOC concentration limits are listed in Annex 1 of this document. Question 3.3: Product Corresponding to More than One Category Q: Some of our coatings seem to fall into more than one of the established categories. Which VOC concentration limit applies? A: In the case of a coating that may fall into one or more of the coating categories listed in the Regulations (see Annex 1), the lowest VOC concentration limit would apply. Question 3.4: Use of Non-compliant Product Q: As a collision repair shop worker, can I still use any remaining product I have in my shop after the Regulations come into force? A: The Regulations do not prohibit the use of non-compliant product. SECTION 4: PERMITS Question 4.1: Provision for Permit Application Q: When do I need a permit to manufacture or import a product? A: The Regulations establish a licensing regime for products that would not otherwise be able to meet the regulatory requirements for technical or economic reasons. The permits will be issued to automotive refinishing product manufacturers and importers to allow them to continue manufacturing or importing these products provided the conditions of issuance outlined in the Regulations are met. Question 4.2: Permit Application Q: How do I apply for a permit? What information needs to be provided? A: Permit applications are to be submitted to the Minister of Environment (see Question 8: Environment Canada Contact Information) and may be granted provided that the applicant: 6 i. provides evidence to show that it is not technically or economically feasible at the time of the application to reduce the concentration of VOCs in the products as given in the Regulations; ii. prepares a plan identifying the measures that will be taken to ensure that these products will meet the VOC concentration limits; and iii. specifies the period within which the above-mentioned plan will be fully implemented, which shall not exceed four years from the date the original permit is issued. The information to be provided in the permit application is outlined in section 4 of the Regulations. The permit will be valid for a period of two years from the date it is issued, and can be extended once for an additional two years provided the application is submitted within the period of 30 days prior to the expiry of the first period. The conditions under which a permit renewal may be granted are the same as those for the original permit. After a permit expires, the sale and offer for sale of the product will have a sell-through period, under subsection 3(2)(b) of the Regulations. It is highly recommended that a discussion regarding the permitting option take place prior to submitting an application. SECTION 5: DETERMINATION OF VOC CONCENTRATION Question 5.1: Excluded Compounds Q: What is meant by “excluded compounds” in the calculation of the VOC content of automotive refinishing product? Has the Government of Canada published a list of those materials that they consider would comply with this definition? A: Here is the link to the legal definition of the term “volatile organic compounds” under item 65 in Schedule 1 of the Canadian Environmental Protection Act, 1999: www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=0DA2924D-1&wsdoc=4ABEFFC8- 5BEC-B57A-F4BF-11069545E434. This definition provides the list of excluded compounds. The definition for the term “excluded compounds” set out in the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations provides an additional excluded compound: “excluded compounds” means the compounds that are excluded under item 65 of Schedule 1 to the Canadian Environmental Protection Act, 1999 as well as acetic acid, 1,1–dimethylethyl ester (C 6 H 12 O 2 ) 1 . Question 5.2: TBAc Q: Why is the compound TBAc excluded from the Regulations? A: Tertiary butyl actetate (TBAc), also known as acetic acid, 1,1-dimethylethyl ester, was excluded from the definition of VOCs under the Regulations because it was determined 1 Acetic acid, 1,1-dimethylethyl ester is also known as tertiary-butyl acetate or TBAc. [...]... accompanying documentation must specify instructions, in both official languages, for dilution (if the product requires dilution before its use) and for combination (if a multiple component product requires that components be combined before its use) SECTION 8: RECORD-KEEPING Question 8.1: Maintaining Records Q: What types of records need to be maintained? A: The record-keeping requirements for manufacturers,... specific records outlined in section 13 7 SECTION 9: COMING INTO FORCE Question 9.1: Coming into Force Dates Q: When do the Regulations come into force? A: The manufacture and import prohibitions of products that exceed the VOC concentration limits came into force on June 19, 2010, while the sale and offer for sale prohibitions came into force on December 19, 2010 Question 9.2: Different Date Provided... associations or product suppliers for details on these and other training opportunities 9 Question 7: Demonstrating Compliance Q: What do I need to show an Environment Canada enforcement officer to demonstrate that I am in compliance with the Regulations? A: Environment Canada officers are enforcing the Regulations in accordance with the Compliance and Enforcement Policy for the Canadian Environmental... Uniform finish coating Truck-bed liner coating Temporary protective coating Underbody coating Single-stage coating Multicolour coating Clear coating Other coatings Surface cleaner A coating formulated to be applied for corrosion resistance, adhesion of subsequent coatings or to fill in surface imperfections Adhesion promoters are not included in this category A coating formulated to be applied before... www.ec.gc.ca/alef-ewe/default.asp?lang=en&n=AF0C5063-1) Please note that it is, ultimately, the responsibility of regulatees to ensure compliance with the Regulations Question 8: Environment Canada Contact Information Q: How do I stay informed? A: For more information on the Regulations, you can visit the following website: www.ec.gc.ca/cov-voc Questions and inquiries can also be directed to Environment Canada: Telephone 1-800-668-6767... of another coating for the purpose of colour uniformity or to prevent a subsequent coating from penetrating underlying coatings A coating that contains a minimum of 0.5% acid by weight and not more than 16% solids by weight that is formulated to be applied directly to bare metal surfaces to provide corrosion resistance and to facilitate adhesion of subsequent coatings A coating formulated to be applied... hides surface defects and is formulated to be applied over a primer or adhesion promoter This category includes metallic or iridescent multicolour coatings A coating that contains no pigments and is formulated to be applied over any other coating All other coatings not described in the schedule Coatings are defined as any product that forms a film when applied to a surface for protective or any other... manufacturers/importers/sellers obligated to use accredited laboratories for testing automotive refinishing products? A: There is no mandatory testing required by the industry However, only accredited laboratories can be used for the purposes of the Regulations SECTION 7: LABELLING Question 7.1: Labelling Requirements Q: What information is required on the automotive refinishing product container/label?... preparation and coating preparation 8 Question 3: Reformulation of Solvent-based Products Q: Could the manufacturers not have simply reformulated the solvent-based products to meet the lower VOC limits, instead of changing to water-based products? A: The Regulations do not require a switch to water-based products They simply set the VOC concentration limits for the 14 categories of products That being said,... Government of Canada makes it easier for small businesses to access loans from financial institutions by sharing the risk with lenders Loans can be used to finance up to 90% of the cost of: i purchasing or improving land, real property or immovables; ii purchasing leasehold improvements or improving leased property; iii purchasing or improving new or used equipment For more information about the program, visit . label or the accompanying documentation must specify instructions, in both official languages, for dilution (if the product requires dilution before its use) and for combination (if a multiple. compliance with the Regulations. Question 8: Environment Canada Contact Information Q: How do I stay informed? A: For more information on the Regulations, you can visit the following website: www.ec.gc.ca/cov-voc in this category. 250 Primer sealer A coating formulated to be applied before the application of another coating for the purpose of colour uniformity or to prevent a subsequent coating from