Comments and Response to comments received during the September 2006 Consultations
As part of the ongoing consultations with stakeholders, Environment Canada has collected and assessed comments received in relation with the discussion paper that presented background information and proposed regulatory elements to stakeholders, in September 2006. The discussion paper and comments received regarding the discussion paper provided the framework for the preparation of the proposed Volatile Organic Compound (VOC) Concentration Limits for Certain Products Regulations (the proposed Regulations). The proposed Regulations were published in the Canada Gazette, Part I, on April 26, 2008 for a 60-day comment period. This document summarizes comments that were received from stakeholders and responses to those comments provided by Environment Canada (in bold). Please note that the information contained in this document pertains to the September 2006 consultations and their impact on the proposed Regulations. The comments received during the 60-day consultation period following the publication in the Canada Gazette, Part I are to be considered in the development of the final version of the Regulations which will be published thereafter in the Canada Gazette, Part II.
DETERMINATION OF THE VOC CONCENTRATION (SECTION 11 OF THE PROPOSED REGULATIONS) Stakeholders’ comments: The reference method set out in the proposed regulations to determine the composition of a product is Method 310 of the California Air Resources Board. This method may be used for consumer products, antiperspirant and deodorant products, and aerosol coating products. Manufacturers and importers would prefer being able to use Method 310, formulation data or any reasonable means for determining the composition of their consumer products. However, if there is any inconsistency between the results of a test performed in accordance with Method 310 and any other means for determining VOC concentration, it appears that the Method 310 test results would prevail. Environment Canada’s response: In the proposed Regulations, CARB Method 310, with some provisions excluded, has been set out as the method for the determination of VOC concentration. Formulation data was not considered for inclusion as a reference method in the proposed Regulations. However, the inclusion of such a provision will be given consideration during the development of the final Regulations.
Three other test methods are referenced: Rule 1174 Ignition Method Compliance Certification Protocol, ASTM D 4359-90 Standard Test Method for Determining Whether a Material is a Liquid or a Solid and the Association of Official Analytical Chemists Method No. 932.11, Essential Oil in Flavor Extracts and Toilet Preparations, Babcock Method.
LABELLING (SECTION 16 OF THE PROPOSED REGULATIONS) Stakeholders’ comments: In the discussion paper, Environment Canada considered that, in accordance with the proposed regulations, manufacturers and importers of consumer products would be required to provide specific information on product labels. The labels would have to display information on the date of manufacture, any specific dilution recommendations and the VOC content of the product. Environment Canada’s response: In the proposed Regulations, only the date on which the product was manufactured or a code representing that date is required for every person that manufactures, imports, sells or offers for sale a product set out in the Schedule. If a code is used, the person shall provide an explanation of it upon request.
COMING INTO FORCE (SECTION 18 OF THE PROPOSED REGULATIONS) Stakeholders’ comments: In the discussion paper, it was proposed that these regulations would become effective on January 1, 2009. All consumer products sold in Canada, and which fall into the product categories defined in Annex 4, must be compliant by that date. Environment Canada’s response: It is proposed that the Regulations come into force one year after the day on which they are registered. The prohibition of the manufacture and import of any product set out in the Schedule would also come into force one year after the day on which the Regulations are registered. In addition, the prohibition of the sale and offer for sale of any products set out in the Schedule would come into force two years after the day on which the Regulations are registered. Therefore, the proposed Regulations provide for a two-year period to allow retailers to run down their inventories of products that exceed the proposed VOC concentration limits.
ENFORCEMENT Stakeholders’ comments: The regulated community needs to know how the regulations would be enforced. Environment Canada’s response: Environment Canada’s Compliance and Enforcement Policy for Canadian Environmental Protection Act, 1999
(CEPA 1999) sets out how Environment Canada enforcement officers are to deal with alleged violations. Further information on enforcement and compliance under CEPA 1999 can be found on the following web-site: www.ec.gc.ca/CEPARegistry/enforcement.
SMES VS. REFORMULATION Stakeholders’ comments: The small and medium enterprises (SMEs) require more time and assistance to comply with and understand the proposed Regulations. Companies would need to reformulate, obtain technical resources (i.e. rely on suppliers for assistance, employ technical consultants), purchase compliant products, or exit the market. For businesses where margins are small, this would be a significant business expense and could result in a reduction in product lines or a cutback in personnel and/or benefits. Environment Canada’s response: Environment Canada has considered the impact on SMEs in the design of the proposed Regulations. A phased approach is proposed, with regard to the coming into force of the regulatory requirements, to ensure effective regulations while minimizing costs to manufacturers. It is proposed that the prohibition of the manufacture and import of any product set out in the Schedule would come into force one year after the day on which the Regulations are registered, to allow manufacturers and importers sufficient time to transition to compliant VOC concentrations in their products. In addition, the prohibition of the sale and offer for sale of any products set out in the Schedule would come into force two years after the day on which the Regulations are registered. Overall, the proposed Regulations provide for a two-year period to allow retailers to run down their inventories of products that exceed the proposed VOC concentration limits. This approach is expected to minimize the adverse impacts of the proposed Regulations on SMEs.
ALIGNING WITH THE US EPA NATIONAL RULE ON CONSUMER PRODUCTS Stakeholders’ comments: Environment Canada proposed to align its consumer products regulations with the 2006 California Air Resources Board limits and not to the US EPA National Rule. Environment Canada’s response: Since the publication of the discussion paper, the US EPA has announced that the National Rule would be revised and could align with limits set by the California Air Resources Board in 2006. The proposed Regulations align with the limits set by the California Air Resources Board in 2006. Since the US EPA announcement, major associations and companies are getting more comfortable with the limits set out in the proposed Regulations, since the limits will be the same as
those expected in the future National Rule on consumer products to be set by the US EPA. INNOVATION PRODUCT EXEMPTION AND ALTERNATIVE CONTROL PLAN Stakeholders’ comments: An Innovation Product Exemption and an Alternative Control Plan should be included in the regulation. Environment Canada’s response: The proposed Regulations do not include an Innovation Product Exemption or an Alternate Control Plan because the proposed limits are not technology forcing. As a result, such provisions were not considered for inclusion in the proposed Regulations. EXEMPTIONS (SECTION 6 OF THE PROPOSED REGULATIONS) Stakeholders’ comments: Exemptions should be given for: fragrances in personal fragrance products, low vapour pressure VOCs, fragrances in products up to a combined level of 2% of product weight, disinfectant/sanitizer products, outdoor solvent-based sealants, Paradichlorobenzene (PDCB) and Tertiary Butyl Acetate (TBAc). Environment Canada’s response: Concerning fragrances in personal fragrance products, low-vapor pressure VOCs and fragrances in products up to a combined level of 2% of product weight, the proposed Regulations provide the same exemptions as those set out by the California Air Resources Board in 2006. Disinfectant/sanitizer products are not covered in the proposed Regulations. Disinfectant/Sanitizer is part of the California Air Resources Board 2008 limits and Environment Canada is adopting the 2006 limits. The proposed Regulations do not provide an exemption for outdoor solvent-based sealants. These proposed Regulations are aligning with the California Air Resources Board 2006 limits and those limits do not provide and exemption for solvent based sealants. Therefore, Environment Canada does not grant an exemption for solvent-based sealants. Environment Canada is evaluating how best to manage the risks presented by PDCB and TBAc.