Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on April 26, 2008, a copy of the proposed Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; S.C. 2004, c. 15, c. 31 S.C. 1999, c. 33 Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6c of that Act; S.C. 2002, c. 7, s. 124 And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999b, hereby makes the annexed Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations. Definitions The following definitions apply in these Regulations. architectural coating means a product to be applied onto or impregnated into a substrate, for use on traffic surfaces such as streets and highways, curbs, berms, driveways, parking lots, sidewalks and airport runways, or stationary structures, including temporary buildings and their appurtenances, whether installed or detached. (revêtement architectural) excluded compounds means the compounds that are excluded under item 65 of Schedule 1 of the Canadian Environmental Protection Act, 1999 and includes acetic acid, 1,1–dimethylethyl ester (C6H1202). (composés exclus) pigment means finely ground insoluble powder that provides an architectural coating with any of the following properties: colour, corrosion inhibition, conductivity, opacity, sheen, gloss or improved mechanical properties. (pigment) volatile organic compounds or VOC means volatile organic compounds that participate in atmospheric photochemical reactions and that are not excluded compounds. (composés organiques volatils ou COV) Incorporation by reference Any standard or method that is incorporated by reference in these Regulations is incorporated as amended from time to time. Application These Regulations apply in respect of the architectural coatings set out in the schedule, except if they are for application to a product or a component of a product, in or on the premises of a factory or a shop, as part of a manufacturing, processing or repairing activity; manufactured, imported, offered for sale or sold to be used in scientific research; manufactured, imported, offered for sale or sold to be used as a laboratory sample or analytical standard; or manufactured, imported or sold for export or for shipment to other persons for processing or repackaging. Non-application These Regulations do not apply in respect of the following coatings: adhesives; aerosol coatings — pressurized coatings, containing pigments or resins, whose ingredients are dispensed by means of a propellant and are packaged in a disposable can for either hand-held application, or use in specialized equipment for the marking of streets, highways or other traffic surfaces including curbs, berms, driveways, parking lots, sidewalks and airport runways; antifouling coatings — coatings for application to submerged stationary structures and their appurtenances, whether installed or detached, to prevent or reduce the attachment of marine or freshwater biological organisms, registered under the Pest Control Products Act; and wood preservatives — coatings to protect exposed wood from decay or insect attack, registered under the Pest Control Products Act. Non-application — 1 L or less These Regulations, except for sections 17 and 19, do not apply in respect of the following architectural coatings set out in the schedule if their container has a capacity of one litre or less: faux finish; any other high-temperature coating; any other lacquer, including lacquer sanding sealers; any other varnish; low solids coating; quick-dry enamel; interior wiping stain; exterior wood stain; any other stain; and rust preventive coating. Manufacture or import A person must not manufacture or import any architectural coating set out in column 1 of the schedule if its concentration of volatile organic compounds exceeds the limit set out in column 2 for that architectural coating unless dilution of the architectural coating before its use is required and in accordance with the written instructions of the manufacturer, importer or seller, to a VOC concentration equal to or less than that limit set out in column 2 and that coating is either labelled with or accompanied by those instructions in both official languages; or the person has been issued a permit for that architectural coating under section 10. Effective date The prohibition takes effect in respect of each architectural coating set out in column 1 of the schedule beginning on the corresponding anniversary of the day on which these Regulations come into force as set out in column 3. Use of traffic marking coating A person must not use, during the period beginning on May 1 and ending on October 15, any traffic marking coating set out in column 1 of the schedule in which the VOC concentration exceeds 150 g/L. The prohibition takes effect in respect of the traffic marking coating beginning three years after the day on which these Regulations come into force. Sale or offer for sale A person must not sell or offer for sale any architectural coating set out in column 1 of the schedule if its VOC concentration exceeds the limit set out in column 2 for that product unless dilution of the coating before its use is required and in accordance with the written instructions of the manufacturer, importer or seller, to a VOC concentration equal to or less than that limit set out in column 2 and that coating is either labelled with or accompanied by those instructions in both official languages; or the coating was manufactured or imported under a permit issued under section 10 and the sale or offer for sale occurs no later than two years after the day on which the permit expires. The prohibition takes effect in respect of each architectural coating set out in column 1 of the schedule beginning two years after the corresponding anniversary of the day on which these Regulations come into force as set out in column 3. Dilution instructions For greater certainty, the instructions referred to in sections 3 and 5 cannot provide for any dilution of the architectural coating before its use to a VOC concentration greater than the limit set out in column 2 of the schedule for that coating. Combination of multiple components For greater certainty, if the written instructions of the manufacturer, importer or seller require the combination of multiple components before an architectural coating is to be used, the VOC concentration in the architectural coating resulting from the combination of the multiple components must not exceed the VOC concentration limit set out in column 2 of the schedule for that architectural coating. Combination instructions If an architectural coating requires that components be combined, the manufacturer, importer or seller must set out on the architectural coating’s label or in accompanying documentation the recommended combination instructions in both official languages. Most restrictive VOC concentration limit If anywhere on the container of an architectural coating set out in the schedule, or in any documentation relating to the architectural coating supplied by the architectural coating’s manufacturer, importer, seller or their duly authorized representative, it is indicated that the architectural coating may be used for the purpose of a different coating category set out in column 1 of the schedule, then the most restrictive VOC concentration limit applies. Subsection (1) does not apply to the following architectural coatings set out in column 1 of the schedule: antenna coating; bituminous roof primer; calcimine recoater; conjugated oil varnish; fire retardant coating; flow coating; impacted immersion coating; any other industrial maintenance coating; metallic pigmented coating; nuclear coating; pre-treatment wash primer; shellac; specialty primer, sealer and undercoater; temperature-indicator safety coating; and thermoplastic rubber coating and mastic. Requirement for permit Any person that manufactures or imports an architectural coating set out in column 1 of the schedule, other than an architectural coating referred to in paragraph 3(1)(a), or the components of an architectural coating that must be combined together before their use in which the VOC concentration exceeds the limit set out in column 2 of the schedule, must hold a permit issued under section 10. Required information An application for a permit must be submitted to the Minister and contain the following information: respecting the applicant, their name, civic and postal addresses, telephone number and, if any, fax number and e-mail address, the name, title, civic and postal addresses, telephone number and, if any, fax number and e-mail address of their duly authorized representative, if applicable; respecting the architectural coating, its trademark and trade name, if any, its VOC concentration, the estimated quantity to be manufactured, sold, offered for sale or imported in a calendar year and the unit of measurement, its category as set out in the schedule and the information on which the selection of the product category was made, and in the case of an application for renewal of a permit under subsection 10(3), the number of the existing permit that was issued under section 10; evidence that it is not technically or economically feasible for the applicant at the time of the application to reduce the VOC concentration in the architectural coating to the limit set out in column 2 of the schedule for that coating; a description of the plan prepared identifying the measures that will be taken so that the VOC concentration in the architectural coating to be manufactured or imported will be within the limit set out in column 2 of the schedule for that coating; identification of the period within which the plan is to be fully implemented; and the civic and postal addresses of the location where information, supporting documents and certification, as set out in subsection (3), are kept. Certification The application must be accompanied by a certification dated and signed by the applicant or by their duly authorized representative stating that the information contained in the application is accurate and complete. Format for submission The application and certification may be submitted either in writing or in an electronic format that is compatible with the format that is used by the Minister, and the documents must bear the written or electronic signature, as the case may be, of the applicant or their duly authorized representative. Additional information The Minister may, on receiving an application made under this section, require further details that pertain to the information contained in the application and that are necessary for the application to be processed. Conditions for issuing permit Subject to subsection (2), the Minister must issue the permit if the following conditions are met: the applicant has provided evidence that, at the time of the application, it is not technically or economically feasible for the applicant to reduce the VOC concentration in the product to the limit set out in column 2 of the schedule for that product; the applicant has prepared a plan to identify the measures that will be taken by the applicant such that the VOC concentration in the architectural coating for manufacture or import is within the limit set out in column 2 of the schedule for that coating; and the period within which the plan is to be fully implemented does not exceed four years after the day on which the first permit is issued to the applicant. Grounds for refusing permit The Minister must refuse to issue a permit if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; or information required under subsections 9(2) or (5) has not been provided or is insufficient to enable the Minister to process the application. Expiry and permit renewal A permit expires 24 months after the day on which it is issued unless, within the period of 30 days before the day on which the permit expires, the applicant submits a new application in accordance with section 9. The validity of the first permit may only be extended once for an additional 24 months for a given architectural coating and the same use. Grounds for revocation The Minister must revoke a permit if the Minister has reasonable grounds to believe that the implementation of the plan set out in paragraph 10(1)(b) will not be completed within the specified period or that the permit holder has provided false or misleading information. Conditions for revocation The Minister must not revoke a permit unless the Minister has provided the permit holder with a written reason for the revocation; and an opportunity to be heard, by written representation, in respect of the revocation. General formula Subject to subsection (2), the VOC concentration of an architectural coating set out in the schedule, diluted to the maximum recommendation of the manufacturer, importer or seller, excluding the volume of any water and excluded compounds, must be determined using the following equation: is the VOC concentration of an architectural coating, in grams of VOC per litre of coating; is the weight of volatiles, in grams; is the weight of water, in grams; is the weight of excluded compounds, in grams; is the volume of architectural coating, in litres; is the volume of water, in litres; and is the volume of excluded compounds, in litres. Low solids coating The VOC concentration of a low solids coating set out in the schedule, diluted to the maximum recommendation of the manufacturer, importer or seller, including the volume of any water and excluded compounds, must be determined using the following equation: is the VOC concentration of a low solids (ls) coating, in grams of VOC per litre of coating, is the weight of volatiles, in grams, is the weight of water, in grams, is the weight of excluded compounds, in grams, and is the volume of architectural coating, in litres. Colourant The VOC concentration of an architectural coating must be determined excluding any colourant that is added after the tint base is manufactured or imported, as the case may be, and packaged for sale. Quick-dry enamel The set-to-touch, tack-free and dry-hard times of a quick-dry enamel set out in the schedule must be determined in accordance with ASTM D 1640–03, entitled Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature, except that the standard must be read as excluding references to any agreement between the purchaser and the seller as well as the following: sections 2, 2.1, 4 and 4.1 with the exception of Table 1 of section 4.1; sections 7.3, 7.3.1, 7.5, 7.5.1, 7.5.2, 7.7, 7.7.1, 7.8 and 7.8.1; sections 10, 10.1, except the expression “duplicate determinations should agree within 10% of the time of drying”, and 10.2. Excluded methods For the purpose of these Regulations, standard ASTM D 1640–03 must be read as excluding the following referenced standards: ASTM D 823; and ASTM D 1005. Reference to standards Any reference to a standard in this section is a reference to the version of that standard that is in effect at the time the determination under subsection (1) is made. Specialty primer, sealer or undercoater The chalkiness of a surface to be conditioned by the application of a specialty primer, sealer or undercoater set out in the schedule must be determined in accordance with ASTM D 4214–07, entitled Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films, except that the expression “as agreed upon between the producer, user, or other interested parties” must be excluded as well as the following: sections 2, 2.1 and 2.2; sections 6.2.3 and 6.4; and sections 8, 8.1 and 8.2. For the purpose of these Regulations, standard ASTM D 4214–07 must be read as excluding the following referenced standards: ASTM D 622; and ASTM E 1347. Interpretation Wherever the expression “degree of chalking” appears in ASTM D 4214–07, it must be read to mean “chalkiness” as set out in these Regulations. Documents incorporated by reference — interpretation For the purposes of interpreting the documents incorporated by reference into these Regulations, “should” must be read to mean “must” and any recommendation and suggestions must be read as an obligation. Accredited laboratory Any laboratory that performs an analysis for the purposes of these Regulations must be accredited under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories and its accreditation must include the analysis in question within its scope of testing. Required information — manufacturer or importer Any person that manufactures or imports an architectural coating set out in the schedule must indicate, at the place specified below on the container in which the architectural coating is to be sold, the following information: on the container’s label, lid or bottom, the date on which the architectural coating was manufactured or a code representing that date; on the container’s label or lid, the instructions regarding dilution of the architectural coating with solvents other than water or, if dilution or thinning of the architectural coating prior to use is not necessary, a statement that the coating is to be applied without dilution or thinning; in the case of an industrial maintenance coating, on the container’s label or lid, one or more of the following statements: “For industrial use only”, “For professional use only”, “Not for residential use”, or “Not intended for residential use”; in the case of a clear brushing lacquer, on the container’s label or lid, the statement “For brush application only” and either “This product must not be diluted or sprayed”, or “This product must not be thinned or sprayed”; in the case of a rust preventive coating, on the container’s label or lid, one of the following statements: “For metal surfaces only”, or “For metal substrates only”; in the case of a specialty primer, sealer or undercoater, on the container’s label or lid, one or more of the following statements: “For blocking stains”, “For fire-damaged surfaces” or “For fire-damaged substrates”, “For smoke-damaged surfaces” or “For smoke-damaged substrates”, “For water-damaged surfaces” or “For water-damaged substrates”, or “For excessively chalky surfaces” or “For excessively chalky substrates”; in the case of a quick-dry enamel, on the container’s label or lid, the dry–hard time and the words “Quick dry”; in the case of a high-gloss coating, on the container’s label, the words “High gloss”; and in the case of a traffic marking coating with a VOC concentration greater than 150 g/L, on the container’s label or lid, the statement “Not for application for the period beginning on May 1 and ending on Oct 15”. Required information — seller A person that offers for sale or sells an architectural coating set out in the schedule must indicate the information in accordance with subsection (1) on the container in which the coating is to be sold if the manufacturer or importer has failed to do so in accordance with that subsection. Subject to subsection 4(2), subsections (1) and (1.1) take effect in respect of each architectural coating set out in the schedule for the manufacturer or the importer, on the corresponding anniversary of the day on which these Regulations come into force as set out in column 3; or for the seller or the person offering for sale, two years after the corresponding anniversary of the day on which these Regulations come into force as set out in column 3. Readability The information must be displayed legibly and conspicuously and in the same manner in both official languages. Date code Every manufacturer or importer of an architectural coating set out in the schedule must provide the Minister, on request, with an explanation of any date code indicated on the coating’s container to represent the date of manufacture. Information concerning VOC concentration If a person manufactures, imports, sells or offers for sale an architectural coating set out in the schedule and indicates the VOC concentration on the container in which the architectural coating is to be sold, then the VOC concentration of the coating must be calculated in accordance with section 12. Any person that manufactures, imports or sells an architectural coating set out in the schedule must maintain records containing the following information: in the case of a person that manufactures, the quantity of the architectural coating manufactured at each manufacturing plant, the trademark and trade name of the architectural coating manufactured, and the date of the architectural coating’s manufacture; in the case of a person that imports, the quantity of the architectural coating imported, the trademark and trade name of the architectural coating imported, the port of entry where the architectural coating was imported, the name, civic or postal address, telephone number, and, if any, the fax number and e-mail address of the principal place of business of the sender of the architectural coating, the date of import of the architectural coating, the Harmonized Commodity Description and Coding System number for the architectural coating, the importer number for the architectural coating shipped, and the copies of the bill of lading, invoice and all documents submitted to the Canada Border Services Agency for the architectural coating shipped; in the case of a person that sells to a supplier, wholesaler or retailer, the quantity of the architectural coating sold, the trademark and trade name of the architectural coating sold, the date of the sale of the architectural coating, the delivery date of the architectural coating, and the name, civic or postal address of each supplier, wholesaler and retailer to whom the architectural coating was sold. Record keeping information concerning permits Any person that submits the information set out in subsection 9(2) must keep a record of that information, supporting documents and the certification referred to in subsection 9(3) for a period of at least five years after the day on which they are submitted. Location and time limits of records The records, supporting documents and the certification referred to in subsection 9(3) must be kept, for a period of at least five years after the day on which they are made, at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records are kept at any place other than the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept. Registration These Regulations come into force on the day on which they are registered. The following definitions apply in this schedule. high-temperature coating means an architectural coating for application to surfaces exposed continuously or intermittently to temperatures above 204°C. (revêtement haute température) industrial maintenance coating means an architectural coating for application to substrates exposed to any of the following conditions: immersion in water, wastewater or chemical solutions or chronic exposure of interior surfaces to moisture condensation; acute or chronic exposure to corrosive, caustic or acidic agents or to chemicals, chemical fumes or chemical mixtures or solutions; repeated exposure to temperatures above 121°C; repeated, frequent, heavy abrasion, including mechanical wear and scrubbing with industrial solvents, cleansers or scouring agents; or exterior exposure of metal structures and structural components. (revêtement d’entretien industriel) primer means an architectural coating to be applied to a substrate to provide a firm bond between the substrate and architectural coatings subsequently applied. (apprêt) sanding sealer means a clear or semi-transparent architectural coating for application to bare wood to seal the wood and to provide a coat that can be sanded to create a smooth surface for architectural coatings subsequently applied. (enduit à poncer) sealer means an architectural coating to be applied to a substrate to prevent architectural coatings subsequently applied from being absorbed by the substrate or to prevent them from being harmed by materials in the substrate. (produit de scellement) shellac means an architectural coating formulated solely with the resinous secretions of the lac beetle (Laccifer lacca), diluted with alcohol and formulated to dry by evaporation without a chemical reaction. (gomme-laque) stain means an architectural coating formulated to change the colour of a surface but not to conceal its grain pattern or texture. (teinture) undercoater means an architectural coating used to provide a smooth surface for architectural coatings subsequently applied. (sous-couche) varnish means a clear or semi-transparent architectural coating, excluding lacquers, formulated to dry by chemical reaction. Varnishes may contain small amounts of pigment to colour a surface or to control the final sheen or gloss of the finish. (vernis) Overview The table to this subsection sets out architectural coatings and their applicable VOC concentration limit. The table is divided into three columns. The first sets out the architectural coating subject to the VOC concentration limit, the second sets out the VOC concentration limit applicable to that architectural coating and the third sets out the anniversary of the day on which these Regulations come into force, from which the effective dates of the prohibitions set out in sections 3 and 5 of these Regulations are determined. Specialty primer, sealer or undercoater, a coating to be applied to a substrate to seal fire, smoke or water damage; condition a surface having a chalk rating of 4 or less as determined in accordance with the test method referred to in section 14 of these Regulations; or block stains. Quick-dry enamel, a high-gloss coating that has the following characteristics: it is able to be applied directly from the container with ambient temperatures between 16 and 27°C; it sets to touch in two hours or less, is tack free in four hours or less, and dries hard in eight hours or less by the test method referred in section 13 of these Regulations; and it has a dried film gloss of 70 or above on a 60° meter. Rust preventive coating, exclusively for non-industrial use and does not include those for use in the construction or maintenance of facilities used in the manufacturing of goods; transportation infrastructure, including highways, bridges, airports and railroads; facilities used in mining activities and petroleum extraction; or utilities infrastructure, including power generation and distribution and water treatment and distribution systems.