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Two Regulations under the Canadian Environmental Protection Act, 1999

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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 https://www.hwin.ca/hwin/index.jsp 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)


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