Presentation on theme: "Two Regulations under the Canadian Environmental Protection Act, 1999"— Presentation transcript:
1 Two Regulations under the Canadian Environmental Protection Act, 1999 Ontario Airport Management Council Annual ConventionBrantford, OntarioPresented By: Laura HillEnvironmental Program CoordinatorEnvironment CanadaOctober 4, 2011
2 Presentation Outline CEPA, 1999 Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations (PFOS Regulations)BackgroundRegulatory HistoryProvisionsVolatile 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 environmentEstablishes mandate and process for assessing and managing chemical risksProvides 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 – enforceableEnvironment Canada has its own Enforcement DivisionActions 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) compoundsextremely stablewidely detected in the environment and in organisms, including in remote areas of the world such as the Canadian Arctic1. Subject to sections 2 and 3, these Regulations apply to thefollowing substances that are specified on the List of Toxic Substancesin Schedule 1 to the Canadian Environmental ProtectionAct, 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, carpetingFabric and upholsteryFood packagingSurfactants in specialized applicationsFire-fighting foams (AFFF) used to fight fuel-based firesAviation hydraulic fluidsFume suppressants for metal platingPaints and other coatings
8 PFOS RisksPFOS 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 worldwideIn 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 QuantitiesIn 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 firefightingIt is believed that most supplies of PFOS in all other sectors have been depletedBuncefield fire at the Hertfordshire Oil Storage TerminalHemel Hempstead, Hertfordshire England11 December 200520 Large storage tanksOil-products
10 PFOS Regulatory History December Added to the CEPA list of toxic substancesMay Final Perfluorooctane Sulfonate and Its Salts and Certain Other Compounds Regulations come into forceJanuary 2009 – Addition of PFOS and its Salts to the Virtual Elimination List under CEPAOne of only TWO chemicals on the VEL (HBCD is other one)that is persistent, bioaccumulative, CEPA toxic and primarily the result of human activitya 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 healthUnder 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 methodsboth the substance and its LoQ are added to the Virtual Elimination Lista regulation prescribing the quantity or concentration of the substance that may be released is developedVirtual 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 PFOSTo 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)SO2SO3SO2NC-F bonds extremely stableSO2O. (sulfonate – PFOS anion); SO2 (sulfur dioxide);Means any of its anionic, acid or salt formsPotential to transform or degrade to PFOS4. Subject to sections 5 to 7, no person shall manufacture, use,sell, offer for sale or import any substance referred to in section 1or a product containing any such substance unless the substance isincidentally present.1. Subject to sections 2 and 3, these Regulations apply to thefollowing substances that are specified on the List of Toxic Substancesin Schedule 1 to the Canadian Environmental ProtectionAct, 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 wastePest control productsChemical feedstocksSubstances or products containing PFOS used inLaboratory analysesScientific researchAnalytical standards
14 Permitted ActivitiesManufactured products that were manufactured or imported before May 29, 2008Manufacture, use, sale, offer to sale or import ofProducts in which PFOS is incidentally presentPhotoresists or anti-reflective coatings for photolithography processesPhotographic films, papers and printing platesUse, sale, offer to sale or import ofAviation hydraulic fluidUse ofAqueous 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 suppressantsThe use of AFFFs containing PFOS >0.5 ppm manufactured or imported before May 29, 2008This AFFF cannot be used for testing or training purposesChromium 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 forceThese Regulations came into force onMay 29, 2008.
17 Alternatives to PFOSThe largest international PFOS manufacturer phased out production in‘PFOS-free’ AFFF now widely available and dominates the marketplacePowder (Class A/B/C) does not contain PFOSFor AFFF (Class A/B) check MSDS or with supplier
18 Disposal of AFFFAuthorized 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 permitsPlease contact the provincial authorities in Ontario to find information on the proper disposal of AFFFsFollowing is a link to the Ontario Ministry of Environment Hazardous Waste Information NetworkHazardous Waste Information Network
19 More InformationEnvironment Canada’s Management of Toxic Substances Website:PFOS Regulations:PFOS Ecological and Human Health Assessments:Fact Sheet on PFOS
21 What are VOCs? Organic compounds containing one or more carbon atoms High vapour pressure – evaporate quicklyDoesn’t include photochemically non-reactive compounds (methane, ethane, CFCs)Released during use of solvent-based paints; drying and curingCFCs - chlorofluorocarbons
22 Pollutants and sources VOC Sources and ImpactNOxSmogOzoneParticulate MatterVOCsNH3SO2PMPollutants and sourcesPrimary PollutantsThis 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 breathingEye, nose and throat irritationCoughingAggravation of existing respiratory and cardiac conditions.May cause premature deaths in more vulnerable individualsHarmful effects on child development
24 VOC QuantitiesSolvents usage represents more than a quarter of urban VOC emissions (29%, 348 kt)The solvents sector is divided in multiple categoriesAutomotive refinishingArchitectural coatingsConsumer productsCleaning and degreasingOthersIn 2005, Architectural Coatings sector produced 51 kt of VOCs
25 VOC QuantitiesIn 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 emissionsVOCs 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 ofAutomotive refinishing productsArchitectural coatingsCertain products (consumer products)September Government publishes VOC Architectural Coatings Regulations in Canada Gazette Part IIthe Canadian Paint and Coatings AssociationCanadian 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 pollutionObjective: 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 countryadhesives; aerosol coatings;these VOC emission sources are expected to be addressed by separate control measures.antifouling coatings; wood preservativeswhich 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 RegulationsSmall container exemptionEnvironment 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 forwhich 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 categoriesDate when prohibition takes effect for:Manufacture / ImportSale /Offer for saleUse45Sept. 9th 2010Sept. 10th 2012N/A6Sept. 9th 2012Sept. 10th 20141 (recycled coatings)Sept. 9th 2014Sept. 10th 20161 (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 productsDemonstrate compliance is not economically or technically feasibleDetermining VOC concentrationTwo equations for determining VOC concentrationVOC concentration = Ws - Ww - Wec / Vm - Vw - VecVOCls concentration = Ws - Ww - Wec / VmLabellingManufacturers, importers, sellersSome category specific requirementsVOC 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; andVec 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, andVm 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 yearsThe record keeping requirements are expected not to impose any undue/additional administrative burden on the regulated communityWhile there are no provisions regarding record keeping for TM Users, users should be able to demonstrate their compliance with the RegulationsProvisions 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 onSeptember 9, 2009.
38 What’s next for VOCs?Proposed renewal of the Federal Agenda for the Reduction of VOCs from Consumer and Commercial ProductsA discussion paper was publishedPosted 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 betweenThe 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 CutbacksPortable Fuel ContainersCars, Vans, Light Trucks Assembly Coating/Auto Parts CoatingsIndustrial Adhesives and SealantsAerosol CoatingsRubber Product Manufacturing & Plastic Parts CoatingsPrinting
39 Contact InformationFor any questions regarding the PFOS or VOC Regulations:Laura HillEnvironmental Program Coordinator – Chemical SectorEnvironment Canada4905 Dufferin StToronto, Ontario M3H 5T4(416)