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

Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products 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 Automotive Refinishing Products Regulations, substantially in the form set out in the annexed Regulations, 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, s. 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 Automotive Refinishing Products Regulations. Definitions The following definitions apply in these Regulations. automotive refinishing means any activity relating to the servicing, maintenance, repair, restoration or modification of motor vehicles or mobile equipment, or their parts, involving the application of a coating or surface cleaner. (finition automobile) coating means a product that forms a film when applied to a surface for protective or any other automotive refinishing purpose. It excludes 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. (revêtement) 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 (C6H1202). (composés exclus) mobile equipment means any equipment, other than a motor vehicle, that is capable of being pulled on a highway. (équipement mobile) motor vehicle means any self-propelled vehicle, but does not include an aircraft as defined in subsection 3(1) of the Aeronautics Act; rolling stock as defined in section 6 of the Canada Transportation Act; or a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water. (véhicule automobile) surface cleaner means 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. (nettoyant de surface) 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) Application Subject to subsection (2), these Regulations apply in respect of any product containing volatile organic compounds set out in column 1 of the schedule, if the product is to be used for automotive refinishing; or anywhere on the product’s container, or in any documentation relating to the product supplied by the product’s manufacturer, importer or seller or their duly authorized representative, it is indicated that the product may be used for automotive refinishing. Non-Application These Regulations do not apply in respect of automotive refinishing products set out in column 1 of the schedule that are manufactured, imported, offered for sale or sold for the purposes of export; used for application in or on the premises of a factory or a shop, for purposes other than automotive refinishing, on products other than motor vehicles, mobile equipment, or their parts; 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; imported, offered for sale or sold 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; manufactured, imported, offered for sale or sold to be applied to motor vehicles or mobile equipment, or their parts, during manufacture; manufactured, imported, offered for sale or sold to be used as a solvent in a laboratory for analysis; 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; manufactured, imported, offered for sale or sold for use in chemical agent resistant coatings for motor vehicles, mobile equipment or their parts, for use in a military operation; or manufactured, imported, offered for sale or sold 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. For the purposes of paragraph (2)(i), military operation means any operation undertaken to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization. Manufacture or import A person must not manufacture or import any automotive refinishing product set out in column 1 of the schedule if its VOC concentration exceeds the limit set out in column 2 of the schedule for that product unless the product is required to be diluted before use to a VOC concentration equal to or less than that limit set out in column 2 and the manufacturer, importer or seller, as the case may be, specifies the instructions for dilution on the product’s label or accompanying documentation, in both official languages; or the person that manufactures or imports has been issued a permit under section 5. Sell or offer for sale A person must not sell or offer for sale any automotive refinishing product set out in column 1 of the schedule if its VOC concentration exceeds the limit set out in column 2 for that product unless the product was manufactured or imported under a permit issued under section 5 and the sale or offer to sell occurs no later than one year after the day on which the permit expires. Combination of multiple components For greater certainty, if the written instructions of the manufacturer, importer or seller require the combination of multiple components before the product is to be used, the VOC concentration in the product 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 product. Lowest VOC concentration limit If anywhere on the container of a coating set out in the schedule, or in any documentation relating to the coating supplied by the manufacturer, importer, seller or their duly authorized representative, it is indicated that the coating may be used for the purpose of a different coating set out in the schedule, then the lowest VOC concentration limit applies. Requirement for permit Any person that manufactures or imports a product set out in column 1 of the schedule, other than a product referred to in paragraph 3(1)(a), or the components of such a product that must be combined together before its use in which the VOC concentration exceeds the limit set out in column 2 for that product, must hold a permit issued under section 5. 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 product, its 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, the category of the product 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 5(3), the number of the existing permit that was issued under section 5; 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 product if the limit set out in column 2 of the schedule is not met for that product; a description of the plan prepared identifying the measures that will be taken by the applicant so that the VOC concentration in the product to be manufactured or imported will be within the limit set out in column 2 of the schedule for that product; 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 the certification referred to 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 product for manufacture or import is within the limit set out in column 2 of the schedule for that product; 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 4(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 an application for renewal in accordance with section 4. The validity of the first permit may only be extended once for an additional 24 months for a given product and the same use. Grounds for revocation The Minister must revoke a permit if he or she has reasonable grounds to believe that the implementation of the plan referred to in paragraph 5(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 any written reasons for the revocation; and an opportunity to be heard, by written representation, in respect of the revocation. Automotive refinishing coating The VOC concentration in a coating as set out in the schedule is determined by the following equation: is the grams of VOC per litre of coating, undiluted or diluted in accordance with the written instructions of the manufacturer, importer or seller if required before the product is to be used; 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 coating, in litres; is the volume of water, in litres; and is the volume of excluded compounds, in litres. Surface cleaner The VOC concentration in a surface cleaner as set out in the schedule is determined by the following equation: is the grams of VOC compounds per litre of surface cleaner, undiluted or diluted in accordance with the written instructions of the manufacturer, importer or seller if required before the product is to be used; is the weight of excluded compounds, in grams; and is the volume of surface cleaner, in litres. 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, as amended from time to time, and its accreditation must include the analysis in question within its scope of testing. Manufacture date — manufacturer or importer A person that manufactures or imports any product set out in the schedule must indicate on the container in which the product is offered for sale or sold, the date on which the product was manufactured or a code representing that date. If a code is used, the manufacturer or importer must provide the Minister, on request, with an explanation of the code. Manufacture date — seller A person that offers for sale or sells any product set out in the schedule must, if the manufacturer or importer has failed to indicate the date or code referred to in subsection (1) on the container in which the product is to be offered for sale, or sold, indicate that date or that code on the container and must provide the Minister, on request, with an explanation of the code. Instructions for dilution — manufacturer or importer If a product set out in column 1 of the schedule requires dilution before its use, the manufacturer or importer must ensure that the product’s label or the accompanying documentation specifies the instructions for the recommended dilution in both official languages; and that any instructions for dilution appearing on the product’s label or in any accompanying documentation would not result in dilution of the product to a concentration greater than the VOC concentration limit set out in column 2 for that product. Instructions for combination If a multiple component product requires that components be combined before its use, the manufacturer or importer must ensure that the product’s label or the accompanying documentation specifies, in both official languages, the instructions for the recommended combinations. Instructions for dilution — seller If a product set out in column 1 of the schedule requires dilution before its use, the seller must ensure If a multiple component product requires that components be combined before its use, the seller must ensure that the product’s label or the accompanying documentation specifies, in both official languages, the instructions for the recommended combinations. Any person that manufactures, imports or sells a product set out in the schedule must maintain records containing the following information: in the case of a person that manufactures, the quantity of the product manufactured at each manufacturing plant, the trademark and trade name of the manufactured product, and the date of the product’s manufacture; in the case of a person that imports, the quantity of the product imported, the trademark and trade name of the product imported, the port of entry where the product 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, the date of import of the product, the Harmonized Commodity Description and Coding System number for the product, the importer number for the product shipped, and the copies of the bill of lading, invoice and all documents submitted to the Canada Border Services Agency for the product shipped; in the case of a person that sells to a supplier, wholesaler or retailer, the quantity of the product sold, the trademark and trade name of the product sold, the date of the sale of the product, the delivery date of the product, and the name, civic or postal address of each supplier, wholesaler and retailer to whom the product was sold. Record keeping and time limits Any person that submits the information set out in subsection 4(2) must keep a record of that information, supporting documents and the certification referred to in subsection 4(3) for a period of at least five years after the day on which they are submitted. Location and duration of records The records, supporting documents and the certification as referred to in subsection 4(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. After registration — one year Subject to subsection (2), these Regulations come into force one year after the day on which they are registered. After registration — 18 months Subsections 3(2) and 10(2), section 12 and paragraph 13(1)(c) of these Regulations come into force 18 months after the day on which they are registered. Primer Surfacer 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. 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 penetrating underlying coatings. Pre-Treatment Wash Primer 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. Adhesion Promoter A coating formulated to be applied to uncoated plastic surfaces to facilitate adhesion of subsequent coatings Colour Coating A pigmented coating formulated to be applied to a primer or an adhesion promoter that requires a subsequent clear coating. This category includes metallic or iridescent colour coatings. Uniform Finish Coating A coating formulated to be applied to an area of repair for the purpose of blending it to match the finish of the rest of the surface. Truck Bed Liner Coating A coating that protects a truck bed from surface abrasion. Colour coatings, multicolour coatings and single-stage coatings are excluded. Temporary Protective Coating A coating that temporarily protects certain areas from overspray or mechanical damage. Underbody Coating A coating formulated to be applied to the wheel wells, the inside of door panels or fenders, the underside of a trunk or hood or the underside of a motor vehicle. Single-Stage Coating A pigmented coating formulated to be applied without a subsequent clear coat. Single-stage coatings include single-stage metallic or iridescent colour coatings. Multicolour Coating A coating that exhibits more than one colour in the dried coat after a single application, hides surface defects and is formulated to be applied over a primer or adhesion promoter. This category includes metallic or iridescent multicolour coatings. Clear Coating A coating that contains no pigments and is formulated to be applied over any other coating. Other Coatings All other coatings not described in this schedule.