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

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VolatileOrganicCompound(VOC)ConcentrationLimits
for
AutomotiveRefinishingProductsRegulations

QuestionsandAnswers
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ISBN 978-1-100-19164-5
Cat. no.: En14-25/1-2011E-PDF
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Table of Contents
Disclaimer 1
Introduction 1
Section 1: Interpretation 3
Question 1.1: Definition of VOCs 3
Question 1.2: Automotive Refinishing Products 3
Section 2: Application 3

Question 2.1: Excluded Products 3
Question 2.2: Cleaners Used to Rinse Spray Guns 4
Question 2.3: Lacquers Used for Restoring Antique Vehicles 4
Question 2.4: Spray Bombs 4
Question 2.5: Responsibility as a Seller 4
Section 3: Prohibitions 5
Question 3.1: Regulatory Requirements 5
Question 3.2: VOC Concentration Limits 5
Question 3.3: Product Corresponding to More than One Category 5
Question 3.4: Use of Non-compliant Product 5
Section 4: Permits 5
Question 4.1: Provision for Permit Application 5
Question 4.2: Permit Application 5
Section 5: Determination of VOC Concentration 6
Question 5.1: Excluded Compounds 6
Question 5.2: TBAc 6
Section 6: Accredited Laboratory 7
Question 6.1: Using Accredited Laboratories 7
Section 7: Labelling 7
Question 7.1: Labelling Requirements 7
Section 8: Record-Keeping 7
Question 8.1: Maintaining Records 7
Question 8.2: Record-keeping at Collision Repair Shops 7
Section 9: Coming into Force 8
Question 9.1: Coming into Force Dates 8
Question 9.2: Different Date Provided by Supplier or Manufacturer 8
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General Questions 8


Question 1: Vehicle Manufacturing Process 8
Question 2: Safety and Toxicity of Low-VOC Products 8
Question 3: Reformulation of Solvent-based Products 9
Question 4: Cost Implications 9
Question 5: Canada Small Business Financing Program 9
Question 6: Training on Low-VOC Products 9
Question 7: Demonstrating Compliance 10
Question 8: Environment Canada Contact Information 10
Annex 1: List of Product Categories and VOC Concentration Limits 11


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

Questions and Answers

January 2011

DISCLAIMER

Although care has been taken to ensure that this list of frequently asked questions
accurately reflects the requirements of the Canadian Environmental Protection Act, 1999
(CEPA 1999) and the Volatile Organic Compound (VOC) Concentration Limits for
Automotive Refinishing Products Regulations, the Act and the Regulations prevail over
the text of this document in case of any discrepancies or inconsistencies. This document
does not supersede or modify the Act or the Regulations and is only intended to be a
quick reference guide to the main elements of the Regulations. It is ultimately the
responsibility of regulatees to be familiar with the full text of the Regulations, which are

available at www.ec.gc.ca/lcpe-cepa/eng/regulations/detailReg.cfm?intReg=118.

INTRODUCTION

The objective of the Regulations is to protect the environment and health of Canadians
from the effects of air pollution. The Regulations establish VOC concentration limits for
14 categories of automotive refinishing products for use in Canada. These products are
required to meet the established concentration limits before they can be manufactured,
imported, offered for sale or sold in Canada.

It is estimated that over 5 kilotonnes of VOCs are emitted each year from coatings and
surface cleaners used in automotive refinishing operations in Canada. The Volatile
Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products
Regulations are expected to reduce the annual VOC emissions from these sources by
approximately 40%.

The Regulations are aligned with limits set by the California Air Resources Board
suggested control measure (CARB SCM) for automotive refinishing products. During
regulatory development, it was determined that the greatest potential reduction in Canada
would be achieved by establishing VOC concentration limits similar to the CARB SCM.
Other jurisdictions in the United States, as well as the European Union, have either
already established similar limits or are considering them. Therefore, aligning the
Regulations will facilitate consistency across North America, provide a level playing
field to manufacturers and importers of automotive refinishing products, and provide
consistent treatment across jurisdictions.


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Questions and inquiries regarding the Volatile Organic Compound (VOC) Concentration
Limits for Automotive Refinishing Products Regulations can be directed to Environment

Canada:

Telephone: 1-800-668-6767
Fax: 1-888-391-3695 or 819-953-3132
Email:

For additional information, visit: www.ec.gc.ca/cov-voc

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LIST OF FREQUENTLY ASKED QUESTIONS

The following questions and answers are ordered by the sections in the Regulations. Each
question below only addresses a specific issue or requirement in the Regulations.
Regulatees must comply with all applicable requirements in the Regulations.

SECTION 1: INTERPRETATION

Question 1.1: Definition of VOCs
Q: What are VOCs?
A: Volatile organic compounds (VOCs) are air pollutants that contribute to the formation
of ground-level ozone and particulate matter, the main ingredients in smog. Recent
studies confirm the environmental and human health impacts of smog and show that air
pollution increases the risk of lung cancer and heart disease. The legal definition of the
term “volatile organic compounds” under item 65 in Schedule 1 of the Canadian
Environmental Protection Act, 1999 can be consulted at the following website:
www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=0DA2924D-1&wsdoc=4ABEFFC8-
5BEC-B57A-F4BF-11069545E434.
Question 1.2: Automotive Refinishing Products
Q: What are automotive refinishing products?
A: Automotive refinishing products are coatings and surface cleaners that are applied to

motor vehicles and mobile equipment (cars, motorcycles, trucks, truck trailers, street
cleaners, farm equipment, etc.) to refinish the surface or to prepare the surface for a
coating. The use of automotive refinishing products results in the emission of VOCs
following application of the products to a surface.

SECTION 2: APPLICATION
Question 2.1: Excluded Products
Q: What products are excluded from the Regulations?
A: The Regulations do not apply to products that are:
i. manufactured, imported or sold for the purposes of export;
ii. used for application in a factory or a shop for purposes other than
automotive refinishing, on products other than motor vehicles, mobile
equipment or their parts;
iii. in a non-refillable aerosol spray container or manufactured or imported to be
packaged in that type of container;
iv. 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;
v. applied to motor vehicles or mobile equipment, or their parts, during
manufacture;

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vi. used as a solvent in a laboratory for analysis;
vii. used in scientific research;
viii. used as a laboratory sample or analytical standard;
ix. for use in chemical agent resistant coatings for motor vehicles, mobile
equipment or their parts, for use in a military operation; or
x. 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.
Question 2.2: Cleaners Used to Rinse Spray Guns

Q: If I use a cleaner to rinse spray guns after spraying refinish coatings, is it exempted
from the Regulations?
A: In the definition section of the Regulations, “surface cleaner” is defined as 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.” Any other cleaner, for instance one only to be used
for cleaning automotive refinishing equipment, is not subject to the Regulations.
Question 2.3: Lacquers Used for Restoring Antique Vehicles
Q: Is the lacquer to be used for the restoration of antique vehicles exempted from the
Regulations?
A: The 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 are not subject to the Regulations.
Question 2.4: Spray Bombs
Q: Our company currently imports several products containing VOC levels above the
regulatory limits in order to make “spray bombs” for sale to the public. Is this activity
still allowed under the Regulations?
A: The Regulations do not apply to automotive refinishing products that are “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”. With regards to specific products with VOC levels in
excess of the regulatory limits, if they are being manufactured or imported to be packaged in
these non-refillable aerosol containers, they are not covered by the Regulations.
Question 2.5: Responsibility as a Seller
Q: What is our responsibility as a seller of automotive refinishing products to ensure they
are going to be applied in the proper environment?
A: The users (customers) are not subject to the Regulations. The regulated entities
(manufacturers, importers and sellers) will have to make sure that the supply of their
products is compliant with corresponding requirements in the Regulations and will also
have to ensure that requirements of the Record Keeping provisions must be met (section

13 of the Regulations).

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SECTION 3: PROHIBITIONS
Question 3.1: Regulatory Requirements
Q: What are the main requirements of the Regulations?
A: The Regulations apply to the manufacture, import, offer for sale and sale of
automotive refinishing products in Canada and set mandatory VOC concentration limits
for 14 categories of these products. There are also requirements for product labelling and
record-keeping by regulatees.
Question 3.2: VOC Concentration Limits
Q: What are the VOC concentration limits?
A: The 14 product categories, their definitions and the associated VOC concentration
limits are listed in Annex 1 of this document.
Question 3.3: Product Corresponding to More than One Category
Q: Some of our coatings seem to fall into more than one of the established categories.
Which VOC concentration limit applies?
A: In the case of a coating that may fall into one or more of the coating categories listed
in the Regulations (see Annex 1), the lowest VOC concentration limit would apply.
Question 3.4: Use of Non-compliant Product
Q: As a collision repair shop worker, can I still use any remaining product I have in my
shop after the Regulations come into force?
A: The Regulations do not prohibit the use of non-compliant product.

SECTION 4: PERMITS
Question 4.1: Provision for Permit Application
Q: When do I need a permit to manufacture or import a product?
A: The Regulations establish a licensing regime for products that would not otherwise be
able to meet the regulatory requirements for technical or economic reasons. The permits
will be issued to automotive refinishing product manufacturers and importers to allow

them to continue manufacturing or importing these products provided the conditions of
issuance outlined in the Regulations are met.
Question 4.2: Permit Application
Q: How do I apply for a permit? What information needs to be provided?
A: Permit applications are to be submitted to the Minister of Environment (see Question
8: Environment Canada Contact Information) and may be granted provided that the
applicant:

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i. provides evidence to show that it is not technically or economically feasible
at the time of the application to reduce the concentration of VOCs in the
products as given in the Regulations;
ii. prepares a plan identifying the measures that will be taken to ensure that
these products will meet the VOC concentration limits; and
iii. specifies the period within which the above-mentioned plan will be fully
implemented, which shall not exceed four years from the date the original
permit is issued.

The information to be provided in the permit application is outlined in section 4 of the
Regulations. The permit will be valid for a period of two years from the date it is issued,
and can be extended once for an additional two years provided the application is
submitted within the period of 30 days prior to the expiry of the first period. The
conditions under which a permit renewal may be granted are the same as those for the
original permit. After a permit expires, the sale and offer for sale of the product will have
a sell-through period, under subsection 3(2)(b) of the Regulations.

It is highly recommended that a discussion regarding the permitting option take place
prior to submitting an application.

SECTION 5: DETERMINATION OF VOC CONCENTRATION

Question 5.1: Excluded Compounds
Q: What is meant by “excluded compounds” in the calculation of the VOC content of
automotive refinishing product? Has the Government of Canada published a list of those
materials that they consider would comply with this definition?
A: Here is the link to the legal definition of the term “volatile organic compounds” under
item 65 in Schedule 1 of the Canadian Environmental Protection Act, 1999:
www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=0DA2924D-1&wsdoc=4ABEFFC8-
5BEC-B57A-F4BF-11069545E434. This definition provides the list of excluded compounds.

The definition for the term “excluded compounds” set out in the Volatile Organic
Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
provides an additional excluded compound:
“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 (C
6
H
12
O
2
)
1
.
Question 5.2: TBAc
Q: Why is the compound TBAc excluded from the Regulations?
A: Tertiary butyl actetate (TBAc), also known as acetic acid, 1,1-dimethylethyl ester, was
excluded from the definition of VOCs under the Regulations because it was determined


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Acetic acid, 1,1-dimethylethyl ester is also known as tertiary-butyl acetate or TBAc.

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that this compound has negligible reactivity and would not contribute in a meaningful
way to the formation of ground-level ozone and particulate matter. This exemption
allows manufacturers to use TBAc as a non-VOC substance when formulating certain
types of products in order to comply with the VOC concentration limits.
Please note that TBAc is still considered a VOC under Schedule 1 of CEPA 1999.

SECTION 6: ACCREDITED LABORATORY
Question 6.1: Using Accredited Laboratories
Q: Are manufacturers/importers/sellers obligated to use accredited laboratories for
testing automotive refinishing products?
A: There is no mandatory testing required by the industry. However, only accredited
laboratories can be used for the purposes of the Regulations.

SECTION 7: LABELLING
Question 7.1: Labelling Requirements
Q: What information is required on the automotive refinishing product container/label?
A: The container must include the date on which the product was manufactured or a code
representing the date. If a code is used, the manufacturer or importer must provide the
Minister, on request, with an explanation of the code. In addition, the product label or the
accompanying documentation must specify instructions, in both official languages, for
dilution (if the product requires dilution before its use) and for combination (if a multiple
component product requires that components be combined before its use).

SECTION 8: RECORD-KEEPING
Question 8.1: Maintaining Records
Q: What types of records need to be maintained?
A: The record-keeping requirements for manufacturers, importers and sellers are listed in

section 13 of the Regulations. These requirements are similar to those that already exist
under other regulations.
Question 8.2: Record-keeping at Collision Repair Shops
Q: The Regulations have record-keeping requirements for sellers, manufacturers and
importers. Are there any requirements for record-keeping at collision repair shops?
A: No, there are no record-keeping requirements under the Regulations related solely to
the use of these products during collision repair activities. However, if a shop is selling or
importing products in addition to performing collision repair work, they would fall
subject to the Regulations and need to maintain the specific records outlined in
section 13.

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SECTION 9: COMING INTO FORCE
Question 9.1: Coming into Force Dates
Q: When do the Regulations come into force?
A: The manufacture and import prohibitions of products that exceed the VOC
concentration limits came into force on June 19, 2010, while the sale and offer for sale
prohibitions came into force on December 19, 2010.
Question 9.2: Different Date Provided by Supplier or Manufacturer
Q: Why is the date given by my supplier/manufacturer different from the date in the
Regulations?
A: The coming into force dates of the Regulations are the absolute deadlines for the
manufacture, import and sale of products in Canada exceeding the established VOC
limits. However, companies may choose to set earlier dates to phase out the manufacture,
import and sale of these products as an individual business decision.

GENERAL QUESTIONS
Question 1: Vehicle Manufacturing Process
Q: Why did the government not also regulate paints and coatings used during the vehicle

manufacturing process?
A: Measures are under consideration to address reduction of VOC emissions from this
sector.
Question 2: Safety and Toxicity of Low-VOC Products
Q: Are the low-VOC products safer and less toxic than their high-VOC counterparts?
A: The VOC concentration in products is regulated because these substances contribute
to the formation of smog, an ambient air quality issue with harmful impacts on both
human health and the environment.
Concerning indoor air quality issues, these are not only related to VOC emissions since
several other ingredients justify usage and handling precautions that are recommended by
the manufacturer or supplier. Since there are so many product uses, ingredients and
formulations, it cannot be asserted altogether that low-VOC products have lesser indoor
air quality impacts than high-VOC versions. Strictly regarding VOCs however, as their
concentration in the coating applied decreases, it can reasonably be expected that the
VOC concentration in indoor air will remain lower during surface preparation and
coating preparation.

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Question 3: Reformulation of Solvent-based Products
Q: Could the manufacturers not have simply reformulated the solvent-based products to
meet the lower VOC limits, instead of changing to water-based products?
A: The Regulations do not require a switch to water-based products. They simply set the
VOC concentration limits for the 14 categories of products. That being said, most
manufacturers have chosen to meet these limits by making their product lines water-based.
Question 4: Cost Implications
Q: Are there increased costs for these low-VOC products?
A: As part of the regulatory development process, an economic analysis was performed
on the possible cost implications to the industry. Automotive repair shops will incur the
majority of the incremental costs resulting from the Regulations. The costs of the
Regulations are expected to range from 1% to 2.5% of industry revenue while repair

shops absorb the one-time costs of compliance, and less than 1% of revenue thereafter.
The impact of the Regulations on large multinational companies is expected to be
negligible as these companies already produce compliant automotive refinishing products
for the European Union and United States markets. The impact on consumers would be
determined by the ability of the automotive repair shops to pass on the incremental costs
to consumers through higher prices. It is unlikely that there would be a significant
increase in repair costs.
Question 5: Canada Small Business Financing Program
Q: Are there government programs to assist small businesses (i.e. small-sized automotive
repair shops) with their financing needs?
A: Through the Canada Small Business Financing Program, the Government of Canada
makes it easier for small businesses to access loans from financial institutions by sharing
the risk with lenders. Loans can be used to finance up to 90% of the cost of:
i. purchasing or improving land, real property or immovables;
ii. purchasing leasehold improvements or improving leased property;
iii. purchasing or improving new or used equipment.

For more information about the program, visit www.ic.gc.ca/csbfa.
Question 6: Training on Low-VOC Products
Q: Where can I access training on how to use these new low-VOC products?
A: Many manufacturers and suppliers are offering clients training on the use of their low-
VOC product lines. In addition, industry training sessions such as I-CAR also take place
in various locations across the country. Some provinces also offer apprenticeship training
courses at local community colleges that cover the new waterborne technology. Interested
persons are encouraged to contact their local industry associations or product suppliers
for details on these and other training opportunities.

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Question 7: Demonstrating Compliance
Q: What do I need to show an Environment Canada enforcement officer to demonstrate

that I am in compliance with the Regulations?
A: Environment Canada officers are enforcing the Regulations in accordance with the
Compliance and Enforcement Policy for the Canadian Environmental Protection Act,
1999 (available at www.ec.gc.ca/alef-ewe/default.asp?lang=en&n=AF0C5063-1). Please
note that it is, ultimately, the responsibility of regulatees to ensure compliance with the
Regulations.
Question 8: Environment Canada Contact Information
Q: How do I stay informed?
A: For more information on the Regulations, you can visit the following website:
www.ec.gc.ca/cov-voc. Questions and inquiries can also be directed to Environment
Canada:

Telephone
1-800-668-6767
Fax
1-888-391-3695 or 819-953-3132
Email

Mail
Products Division
Environment Canada
200 Sacre Coeur Boulevard, 3
rd
Floor
Gatineau QC
K1A 0H3

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ANNEX 1: LIST OF PRODUCT CATEGORIES AND VOC
CONCENTRATION LIMITS

Product Category
VOC Concentration
Limit
(grams per litre)
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.
250
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.
340
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.
660
Adhesion
promoter
A coating formulated to be applied to uncoated plastic surfaces to
facilitate adhesion of subsequent coatings.
840
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.
420
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.
540
Truck-bed
liner coating
A coating that protects a truck bed from surface abrasion. Colour
coatings, multicolour coatings and single-stage coatings are
excluded.
310
Temporary
protective
coating
A coating that temporarily protects certain areas from overspray or
mechanical damage.
60
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.
430
Single-stage
coating
A pigmented coating formulated to be applied without a
subsequent clear coat. Single-stage coatings include single-stage

metallic or iridescent coatings.
420
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.
680
Clear coating
A coating that contains no pigments and is formulated to be applied
over any other coating.
250
Other coatings
All other coatings not described in the schedule. Coatings are
defined as any product that forms a film when applied to a surface
for protective or any other automotive refinishing purpose.
250
Surface cleaner
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.
50

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