Two Regulations under the Canadian Environmental Protection Act, 1999

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) • Background • Regulatory History • Provisions

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) http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=5082BFBE-1

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

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

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

10. PFOS Regulatory History • December 2006 - Added to the CEPA list of toxic substances • May 2008 - 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

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

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

16. 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 2000 -2002 • ‘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

19. More Information Environment Canada’s Management of Toxic Substances Website: http://www.ec.gc.ca/toxiques-toxics/Default.asp?lang=En&n=98E80CC6-1&xml=ECD5A576-CEE5-49C7-B26A-88007131860D PFOS Regulations: http://www.ec.gc.ca/lcpe-cepa/eng/regulations/detailreg.cfm?intReg=107 PFOS Ecological and Human Health Assessments: http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=98B1954A-1 Fact Sheet on PFOS http://www.ec.gc.ca/Publications/default.asp?lang=En&xml=666D6C14-6550-4E5C-92E2-31BAEA3748B6

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

22. Smog Primary Pollutants Particulate Matter Ozone PM NOx VOCs NH3 SO2 Pollutants and sources VOC Sources and Impact

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 Coatingssector 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 • 1995- Memorandum of Understanding (MOU) was signed by CPCA, EC and the CCME committing to reduce VOC emissions • 2003 - VOCs that contribute to the creation of PM and O3 were added to the List of Toxic Substances (CEPA, 1999) • March 2004 - federal government commits to develop three Regulations limiting VOC concentration of • Automotive refinishing products • Architectural coatings • Certain products (consumer products) • September 2009 - Government publishes VOC Architectural Coatings Regulations in Canada Gazette Part II

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%

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.

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.

30. The regulations do not applyto: 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. Application (s. 2)

31. 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 100g/L and 800g/L. Prohibitions (s. 3 to 5)

32. 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. Prohibitions (s. 3 to 5) Important

33. Prohibitions (s. 3 to 5)

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 • 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

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

37. 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: www.ec.gc.ca/cov-voc • Outlines initiatives for the GoC to take for reducing VOC emissions from consumer and commercial products between 2010-2020 • 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 Laura.Hill@ec.gc.ca (416) 739-5890