1. Two Regulations under the Canadian Environmental Protection Act, 1999
Ontario Airport Management Council Annual Convention
Brantford, Ontario
Presented By: Laura Hill
Environmental Program Coordinator
Environment Canada
October 4, 2011

2. Presentation Outline CEPA, 1999
Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations (PFOS Regulations)
Background
Regulatory History
Provisions
Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations (VOC Regulations)

3. Canadian Environmental Protection Act, 1999
Environment Canada’s legislative tool to protect the environment
Establishes mandate and process for assessing and managing chemical risks
Provides authority to publish and enforce PFOS and VOC regulations (and other instruments)

4. Canadian Environmental Protection Act, 1999 - Enforcement
The Act and its regulations are current law – enforceable
Environment Canada has its own Enforcement Division
Actions taken according to the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 (CEPA, 1999)

5. Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations (PFOS Regulations)

6. What is perfluorooctane sulfonate (PFOS)?
synthetic fluorochemical that belongs to perfluorinated alkyl (PFA) compounds
extremely stable
widely detected in the environment and in organisms, including in remote areas of the world such as the Canadian Arctic
1. Subject to sections 2 and 3, these Regulations apply to the
following substances that are specified on the List of Toxic Substances
in Schedule 1 to the Canadian Environmental Protection
Act, 1999:
(a) perfluorooctane sulfonate and it salts; and
(b) compounds that contain one of the following groups:
C8F17SO2, C8F17SO3 or C8F17SO2N.

7. PFOS Uses Water, oil, soil and grease repellents for
Carpets, carpeting
Fabric and upholstery
Food packaging
Surfactants in specialized applications
Fire-fighting foams (AFFF) used to fight fuel-based fires
Aviation hydraulic fluids
Fume suppressants for metal plating
Paints and other coatings

8. PFOS Risks
PFOS can be released to the environment throughout its lifecycle, from the handling and manufacturing of the chemical to the use and disposal of products which contain it;
PFOS poses serious environmental risks, is persistent, bioaccumulates and biomagnifies in wildlife and has been detected in animals worldwide
In mammals in the wild, chronic PFOS exposure has led to disturbances of the hormone and immune systems, and vitamin A levels, as well as reduced bone mineral density. It is also a reproductive toxin.
US Environmental Protection Agency observed: ‘PFOS accumulates to a high degree in humans and animals. It has an estimated half-life of four years in humans. It thus appears to combine persistence, bioaccumulation, and toxicity properties to an extraordinary degree.’

9. PFOS Quantities
In 2004, 3 tonnes of PFOS were imported for use as a surfactant in the metal-plating sector and an additional 3 tonnes of PFOS were estimated to exist in stockpiles of Aqueous Film Forming Foam (AFFF) used for firefighting
It is believed that most supplies of PFOS in all other sectors have been depleted
Buncefield fire at the Hertfordshire Oil Storage Terminal
Hemel Hempstead, Hertfordshire England
11 December 2005
20 Large storage tanks
Oil-products

10. PFOS Regulatory History
December Added to the CEPA list of toxic substances
May Final Perfluorooctane Sulfonate and Its Salts and Certain Other Compounds Regulations come into force
January 2009 – Addition of PFOS and its Salts to the Virtual Elimination List under CEPA
One of only TWO chemicals on the VEL (HBCD is other one)
that is persistent, bioaccumulative, CEPA toxic and primarily the result of human activity
a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity; (b) constitute or may constitute a danger to the environment on which life depends; or (c) constitute or may constitute a danger in Canada to human life or health
Under VEL:
a Level of Quantification is developed for the substance. The Level of Quantification (LoQ) is the lowest concentration that can be accurately measured using sensitive but routine sampling and analytical methods
both the substance and its LoQ are added to the Virtual Elimination List
a regulation prescribing the quantity or concentration of the substance that may be released is developed
Virtual Elimination plans may be requested

11. PFOS Regulations - Objective
The purpose of the PFOS Regulations is to protect Canada’s environment from the risk associated with the use and release of PFOS
To achieve the lowest level of release to the environment that is technically and economically feasible from all emission sources of PFOS, its salts and its precursors

12. Application & Prohibition
These Regulations apply to PFOS and its salts and certain other compounds listed on Schedule 1 under CEPA (1999)
These Regulations prohibit the manufacture, use, sale, offer for sale or importation of PFOS or products containing PFOS (and salts and other compounds)
SO2
SO3
SO2N
C-F bonds extremely stable
SO2O. (sulfonate – PFOS anion); SO2 (sulfur dioxide);
Means any of its anionic, acid or salt forms
Potential to transform or degrade to PFOS
4. Subject to sections 5 to 7, no person shall manufacture, use,
sell, offer for sale or import any substance referred to in section 1
or a product containing any such substance unless the substance is
incidentally present.
1. Subject to sections 2 and 3, these Regulations apply to the
following substances that are specified on the List of Toxic Substances
in Schedule 1 to the Canadian Environmental Protection
Act, 1999:
(a) perfluorooctane sulfonate and it salts; and
(b) compounds that contain one of the following groups:
C8F17SO2, C8F17SO3 or C8F17SO2N.

13. Exemptions PFOS contained in
hazardous waste
Pest control products
Chemical feedstocks
Substances or products containing PFOS used in
Laboratory analyses
Scientific research
Analytical standards

14. Permitted Activities
Manufactured products that were manufactured or imported before May 29, 2008
Manufacture, use, sale, offer to sale or import of
Products in which PFOS is incidentally present
Photoresists or anti-reflective coatings for photolithography processes
Photographic films, papers and printing plates
Use, sale, offer to sale or import of
Aviation hydraulic fluid
Use of
Aqueous film forming foam (AFFF) at a PFOS concentration less than or equal to 0.5 ppm

15. Permitted Activities – for five years (until May 29, 2013) Important
The use, sale, and import of PFOS-based fume suppressants
The use of AFFFs containing PFOS >0.5 ppm manufactured or imported before May 29, 2008
This AFFF cannot be used for testing or training purposes
Chromium electroplating;
Chromium anodizing and reverse etching;
Electroless nickel-polytetrafluoroethylene plating;
Etching of plastic substrates prior to their metallization.

16. These Regulations came into force on
Coming into force
These Regulations came into force on
May 29, 2008.

17. Alternatives to PFOS
The largest international PFOS manufacturer phased out production in
‘PFOS-free’ AFFF now widely available and dominates the marketplace
Powder (Class A/B/C) does not contain PFOS
For AFFF (Class A/B) check MSDS or with supplier

18. Disposal of AFFF
Authorized disposal facilities are regulated by the provincial/territorial authorities and can only dispose of wastes, hazardous or otherwise, for which they have been issued a certificate of approval or which meet their operating permits
Please contact the provincial authorities in Ontario to find information on the proper disposal of AFFFs
Following is a link to the Ontario Ministry of Environment Hazardous Waste Information Network
Hazardous Waste Information Network

19. More Information
Environment Canada’s Management of Toxic Substances Website:
PFOS Regulations:
PFOS Ecological and Human Health Assessments:
Fact Sheet on PFOS

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

21. What are VOCs? Organic compounds containing one or more carbon atoms
High vapour pressure – evaporate quickly
Doesn’t include photochemically non-reactive compounds (methane, ethane, CFCs)
Released during use of solvent-based paints; drying and curing
CFCs - chlorofluorocarbons

22. Pollutants and sources
VOC Sources and Impact
NOx
Smog
Ozone
Particulate Matter
VOCs
NH3
SO2 PM
Pollutants and sources
Primary Pollutants
This diagram outlines how smog is formed.
The bottom of the diagram shows pollutants that contribute to the formation of smog. … this includes VOCs.
The sources of these pollutants include:
Transportation (engines and fuels for on-road and off- road vehicles); use of paints and solvents; agriculture; industrial sources; and residential wood combustion.
When released into the atmosphere, these pollutants (shown in grey circles) can react with one another in the presence of sunlight to form ozone, and contribute to the formation of particulate matter.
Ozone and particulate matter are the key ingredients of smog.
VOCs contribute both to the formation of ozone and particulate matter (secondary formation of PM2.5).
Conditions that contribute to ozone formation include warm, humid and stagnant air (summer)
Winter smog is mainly formed of PM and happens under cold conditions, when wood heating is more intense, in combination with a mass of stagnant air.

23. VOC Risks Poor air quality Human Health Effects of Air Pollution
Difficulty breathing
Eye, nose and throat irritation
Coughing
Aggravation of existing respiratory and cardiac conditions.
May cause premature deaths in more vulnerable individuals
Harmful effects on child development

24. VOC Quantities
Solvents usage represents more than a quarter of urban VOC emissions (29%, 348 kt)
The solvents sector is divided in multiple categories
Automotive refinishing
Architectural coatings
Consumer products
Cleaning and degreasing
Others
In 2005, Architectural Coatings sector produced 51 kt of VOCs

25. VOC Quantities
In 2002, 80% of AC products were manufactured in Canada; the rest were imported from USA
(81%)
(68%)
(21%)
(12%)
(7%)
(11%)

26. VOC Regulatory History
Memorandum of Understanding (MOU) was signed by CPCA, EC and the CCME committing to reduce VOC emissions
VOCs that contribute to the creation of PM and O3 were added to the List of Toxic Substances (CEPA, 1999)
March federal government commits to develop three Regulations limiting VOC concentration of
Automotive refinishing products
Architectural coatings
Certain products (consumer products)
September Government publishes VOC Architectural Coatings Regulations in Canada Gazette Part II
the Canadian Paint and Coatings Association
Canadian Council of Ministers of the Environment

27. VOC Regulations - Objective
The purpose of the VOC Regulations is to protect the environment and health of Canadians from the effects of air pollution
Objective: Lower emissions of VOCs from architectural coatings by 28%
Effects of air pollution: respiratory and heart diseases

28. Definitions (s. 1) “Architectural coatings” are 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.
“VOCs” are as defined under item 65 in Schedule 1 of the Canadian Environmental Protection Act, 1999, with acetic acid, 1,1–dimethylethyl ester (tertiary butyl acetate) also considered an excluded compound.
“Appurtenances” are attachments or accessories (of stationary structures).
The definition for the term “architectural coatings” is in link with the next slide (scope of application), as it defines the types of coatings which are targeted.

29. Application (s. 2) Regulations do not apply to coatings for:
factory/shop application to a product or a component of a product, as part of a manufacturing, processing or repairing activity;
scientific research;
use as a laboratory sample or analytical standard; or,
export or shipment to other persons for processing or repackaging.
The regulations do not apply to:
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;
The control of VOC emissions from such coating applications has traditionally been undertaken by provinces/territories; and may, in addition, be controlled under future industrial initiatives of the Government of Canada’s Clean Air Regulatory Agenda (CARA).
to be used in scientific research; to be used as a laboratory sample or analytical standard;
The coating quantities used and the associated VOC emissions are very small, with little risk to the environment or human health.
for export or for shipment to other persons for processing or repackaging.
Architectural coatings for export will be subject to VOC requirements in the importing country
adhesives; aerosol coatings;
these VOC emission sources are expected to be addressed by separate control measures.
antifouling coatings; wood preservatives
which are managed by Health Canada’s Pest Management Regulatory Agency (PMRA), and are regulated under the authority of the Pest Control Products Act.

30. Application (s. 2) The regulations do not apply to: adhesives;
aerosol coatings;
antifouling coatings;
wood preservatives.
The Regulations, except the labelling and record keeping provisions, do not apply in respect of 10 architectural coating categories, if their container has a capacity of one litre or less.
In parentheses, Item number from the Schedule of the Regulations
Small container exemption
Environment Canada confirmed that a small container exemption would allow the continued manufacture of niche and specialty products. The proposed Regulations therefore provided a small container exemption for eight architectural coating categories. Technical information collected during the development of the proposed Regulations indicated that these categories contain niche products with low volumes of use and emissions and for
which no compliant alternative formulations are believed to be available.

31. Prohibitions (s. 3 to 5)
A person must not manufacture, import, sell or offer for sale an architectural coating if its VOC concentration exceeds the limit set out for that architectural coating category into the Schedule of the Regulations.
The Regulations include 53 categories of coatings (Schedule of the Regulations).
VOC concentration limits vary between 100 g/L and 800 g/L.

32. Prohibitions (s. 3 to 5) Important
Traffic marking (TM) coatings constitute the only category also subject to a prohibition on the use as of September 10, 2012:
From May 1st until October 15th, it is prohibited to use a TM coating if its VOC concentration is above 150 g/L.
For the remainder of the year, there is no restriction concerning the use of TM coatings.
Note: The concentration limit applicable to manufacture / import / sale prohibitions of TM coatings is 450 g/L.

33. Date when prohibition takes effect for: 1 (traffic marking coatings)
Prohibitions (s. 3 to 5)
Number of categories
Date when prohibition takes effect for:
Manufacture / Import
Sale /
Offer for sale
Use 45
Sept. 9th 2010
Sept. 10th 2012
N/A 6
Sept. 9th 2012
Sept. 10th 2014
1 (recycled coatings)
Sept. 9th 2014
Sept. 10th 2016
1 (traffic marking coatings)

34. Most restrictive VOC concentration limit (s. 8)
If it is indicated that the architectural coating may be used for the purpose of a different coating category, then the most restrictive VOC concentration limit applies.
There are exceptions for 18 product categories [ss. 8(2)]. For these categories, the “most restrictive VOC concentration limit” requirement does not apply.

35. Other Provisions Permitting Determining VOC concentration Labelling
Allow continued manufacture/import of non-compliant products
Demonstrate compliance is not economically or technically feasible
Determining VOC concentration
Two equations for determining VOC concentration
VOC concentration = Ws - Ww - Wec / Vm - Vw - Vec
VOCls concentration = Ws - Ww - Wec / Vm
Labelling
Manufacturers, importers, sellers
Some category specific requirements
VOC concentration is the VOC concentration of an architectural coating, in grams of VOC per litre of coating;
Ws is the weight of volatiles, in grams;
Ww is the weight of water, in grams;
Wec is the weight of excluded compounds, in grams;
Vm is the volume of architectural coating, in litres;
Vw is the volume of water, in litres; and
Vec is the volume of excluded compounds, in litres
___
VOCls concentration is the VOC concentration of a low solids (ls) coating, in grams of VOC per litre of coating low solids coating (i.e. containing 0.12 kg/L of solids or less),
Ws is the weight of volatiles, in grams,
Ww is the weight of water, in grams,
Wec is the weight of excluded compounds, in grams, and
Vm is the volume of architectural coating, in litres.

36. Record Keeping (s. 19)
Manufacturers, importers and sellers of architectural coatings must maintain specific records, in Canada, for at least five years
The record keeping requirements are expected not to impose any undue/additional administrative burden on the regulated community
While there are no provisions regarding record keeping for TM Users, users should be able to demonstrate their compliance with the Regulations
Provisions defining record keeping requirements are included to facilitate compliance and enforcement of the Regulations. Record keeping requirements specify the type of information required to determine compliance with the Regulations. The requirements also define the records that are most relevant for demonstrating compliance (e.g. quantity of product manufactured, imported or sold and date) and the information that must be retained in Canada to ensure that Environment Canada’s enforcement officers have access to the records.
The same information should already be kept under others Acts and regulations. Therefore, it is expected that the record keeping provisions will cause no additional administrative burden for the regulated entities.

37. These Regulations came into force on
Coming into force (s.20)
These Regulations came into force on
September 9, 2009.

38. What’s next for VOCs?
Proposed renewal of the Federal Agenda for the Reduction of VOCs from Consumer and Commercial Products
A discussion paper was published
Posted on Environment Canada's VOCs in Consumer and Commercial Products web site:
Outlines initiatives for the GoC to take for reducing VOC emissions from consumer and commercial products between
The following seven categories of consumer and commercial products have been identified as the preferred next focus for the development of control and reduction measures:
Asphalt Cutbacks
Portable Fuel Containers
Cars, Vans, Light Trucks Assembly Coating/Auto Parts Coatings
Industrial Adhesives and Sealants
Aerosol Coatings
Rubber Product Manufacturing & Plastic Parts Coatings
Printing

39. Contact Information
For any questions regarding the PFOS or VOC Regulations:
Laura Hill
Environmental Program Coordinator – Chemical Sector
Environment Canada
4905 Dufferin St
Toronto, Ontario M3H 5T4
(416)