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

Volatile Organic Compound VOC Concentration Limits for Automotive Refinishing Products Regulations Questions and Answers January 2011 DISCLAIMER Although care has been taken to ensur

  Questions and Answers 

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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 

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 

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

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

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:

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;

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

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:

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

that this compound has negligible reactivity and would not contribute in a meaningful way to the formation of ground-level ozone and particulate matter This exemption allows manufacturers to use TBAc as a non-VOC substance when formulating certain types of products in order to comply with the VOC concentration limits

Please note that TBAc is still considered a VOC under Schedule 1 of CEPA 1999

SECTION 6: ACCREDITED LABORATORY

Question 6.1: Using Accredited Laboratories

Q: Are 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? A: The container must include the date on which the product was manufactured or a code

representing the date If a code is used, the manufacturer or importer must provide the Minister, on request, with an explanation of the code In addition, the product 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 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, importers and sellers are listed in

section 13 of the Regulations These requirements are similar to those that already exist under other regulations

Question 8.2: Record-keeping at Collision Repair Shops

Q: The Regulations have record-keeping requirements for sellers, manufacturers and

importers Are there any requirements for record-keeping at collision repair shops?

A: No, there are no record-keeping requirements under the Regulations related solely to

the use of these products during collision repair activities However, if a shop is selling or importing products in addition to performing collision repair work, they would fall subject to the Regulations and need to maintain the specific records outlined in section 13