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September 2019 SEPTEMBER 2019 REGULATORY RADAR HEADLINES BUSINESS INTELLIGENCE CPCA REPORT FUNDING OPPORTUNITIES CANADIAN TRADE-RELATED ACTIVITES EVENTS OF INTEREST Several Formal Comments Submitted on MHSW Wind-up Plan to Stewardship Ontario and Minister of Environment, Conservation and Parks CPCA Comments on the Federal Regulatory Modernization Consultation CPCA Supported Canadian Manufacturers Coalition Seeking Delay of Labour Code Changes for Transportation of Dangerous Goods CPCA Filed Comments on the Proposed CMP-WHMIS Integrated Strategy to Further Protect Workers and Endorsed Industry Coordinating Group Comments Comments Submitted on DSAR and Risk Management Scope for the Resins and Rosins Group Comments Submitted on DSAR and Risk Management Scope for the CMP-2 Zinc and Its Compounds Subgrouping CPCA Inquired About the Calcium 2-Ethylhexanoate SNAc Content CPCA/ACA Alerted Members of Methylene Chloride Ban in Paint Strippers Taking Effect in the US on November 22, 2019 Comments Submitted on the Proposed Third VOC Regulations on September 19 Members Updated on TiO2 Carcinogenic Classification Approval Status Members Updated on Microplastics Status in the EU CPCA Seeking More Input/Data on the Use of Microplastics in CASE Products Sold in Canada CPCA to Respond to Health Canada Requiring Extensive Technical Info on True Copy Label Burden PMRA Expected to Communicate Decision on OIT Review by November 26 and the Final Paint Cluster Proposed Decision in February 2020 Members can read updates on these issues n the Regulatory RADAR or by logging into the CoatingsHUB CPCA Annual INSIGHT: Guide & Directory CPCA is currently working on a new issue of INSIGHT: Guide & Directory magazine. The magazine will be published in the fall of 2019 and delivered to members and more than 3000 industry leaders across North America. If you would like to learn more about advertising opportunities, contact Don Burns to receive the media kit. Action on VOCs in Canada Members Need to Respond to Two VOC Regulatory Initiatives in September Proposed Third VOC Regulations in the Canada Gazette Part I: Comments Filed on to September 19 Member Action: CPCA received very few member's views and focused on the needs for the definitions and scope to be better aligned with CARB 2010 and a 3-year sell-through period. National Questionnaire on Architectural VOC Contents Questionnaires Should be Returned by September 20 Member Action: ECCC (Environment Climate Change Canada) intends to compare the current VOC content of AIM paint products sold in Canada with those of US jurisdictions including CARB. Although this survey is non-mandatory, ECCC needs to rely on a representative sample of AIM products that is in Canadian commerce. CPCA urges all members and colorant distributors to make efforts to respond. A consultation for a Revisited Architectural VOC Regulations is expected in the first part of 2020 and CPCA will need to be prepared for those discussions on behalf of members. Environment New E2 (Environmental Regulations) Now Enforced: Plans Must be Re- submitted via a New SWIM E2 Reporting System Since August 24, 2019, all information required under the new E2 Regulations, 2019 must be submitted electronically in the new online E2 reporting system, accessed through the Single Window Information Manager (SWIM) available online. This new electronic reporting system will permanently replace the old E2 reporting system that will no longer be available. CPCA General CMP Development Update CPCA Submitted Comments to Environment and Climate Change Canada Regarding Proposed Toxicity Declaration for Zinc and 64 Zinc Compounds These compounds are used in anticorrosive, pigments and driers in industrial/automotive coatings and in a limited number of Architectural paint products. CPCA Submitted Comments on CMP-3 Draft Screening Assessment Report and Risk Management Scope Document for Resins and Rosins One substance is proposed toxic: CTO (or tall oil CAS RN 8002-26-4). CPCA received no confirmation of use of in industrial and consumer coatings, adhesives, sealants and elastomers (CASE) products, but received confirmation of use of a few other rosins and for this reason, our sector needs to remain engaged. CPCA also questioned Canada’s unique risk management actions for CTO with no equivalent in the USA and EU. Health Canada Launches Short Information Gathering Questionnaire on 69 Alkylbenzene Sulfonates and Derivatives/Alkylbenzenes/Sulfonate Esters CPCA distributed the questionnaire to be answered before September 27. A number of these substances are used in paint and adhesives. The Government Published a Summary of Flame Retardant Assessments and Management under CMP All members active in this market should carefully review this summary which was updated on August 28. Ongoing Consultation on Risk Classification, Licensing and Inspection Guides and Enforcement Policy Changes for Controlled Substances and Precursors This consultation ends on September 24. The amended regulations pertinent to controlled substances are coming into force on December 9, 2019. The new documents have been developed to support compliance with the Controlled Drugs and Substances Act and its associated regulations which include the Precursor Control Regulations. Biocides Used for In-Can and Film Preservation Further Response from PMRA Expected on OIT Ban PMRA is still in the process of analyzing several biocides under the ‘paint cluster analysis' until February 2020 and is expected to respond to industry challenges on the OIT Ban and CMIT/MIT restrictions on November 26. The proposed decision for the paint cluster analysis was expected on August 31. The decision is now delayed to February 2020. The decision for OIT and CMIOT/MIT is now expected on November 26, 2019. Until then, the OIT ban is still in effect. Apparently the PMRA risk assessment team used a rate of dermal absorption of 100% for OIT while registrants had published studies confirming a much lower dermal absorption rate, which were re-sent by registrants. Treated Articles Note Causing Confusion CPCA sent several comments to PMRA regarding the treated articles information note and communicated a preferred list of paint biocides for paint to PMRA officials. CPCA and ACA have investigated a possible misinterpretation and misalignment of the PMRA policy that could have some impact on importers of treated articles. Trade Policy CPCA Supports Canadian Manufacturers Coalition Seeking Delay of Labour Code Changes for Transportation of Goods The Labour Code changes that came into force on September 1, 2019, are part of omnibus bills having received royal assent applying to federally regulated workplaces but some of these changes indirectly have an impact on industry generally with respect the possible disruptions to the 24/7 continuous and just-in-time transportation of goods. Members should review their procedures to this effect. Workplace Health & Safety CPCA Submits Grave Concerns to Health Canada on True Copy Label Requirement This document will be submitted jointly with other CIC industry documents this month to address negative impacts on operations of manufacturers, suppliers and distributors. Health Canada/OSHA Publish Joint Guidance on Regulatory Process & Label Comparison for Shipped Containers & HNOC/PHNOC/HHNOC Label Pictograms Read More... Post-Consumer Paint Recycling Ontario Paint Stewards Upset with Ministerial Direction on Paint Surplus of $17.5 Million CPCA filed two submissions with Ontario government agencies reiterating paint industry concerns with the MHSW wind up plan and related ‘surplus funds’ government now says hold be returned to consumers even though funds were paid by producers. The ‘surplus funds’ accumulated on the backs of paint stewards in Ontario, 99% of the volume sold by CPCA members, are in reality overcharges that were accumulated prior to 2015 before the Paint Industry Stewardship Plan (ISP) was created and, in fact, was one of the reasons for its creation. Since then paint recycling has been effectively operated under the Paint ISP, run by Product Care Recycling. A CPCA submission was sent to Stewardship Ontario to oppose the Wind-up Plan for the outstanding $17.5 million surplus and another CPCA submission was sent to the Ontario Associate Minister responsible for red tape reduction with recommendations that would address growing red tape and regulatory burden for waste recycling in Ontario. Another submission was sent to the Minister of Environment and members sent letters of concern to MPPS in Ontario. CPCA continues to argue the issue in the context of the Government’s ‘open for business’ and ‘red tape reduction’ direction for industry. CPCA is seeking a “fee holiday” or “fee elimination” approach offered to other stewards and for the fund NOT to be r reimbursed to consumers via some impossible rebate program for funds that were already internalized as part of ongoing paint operational costs. Federal Procurement Policy Should Recognize Recycled Paint CPCA seeks federal procurement policy change for minimal content requirements for recycled paint on government projects across Canada. CPCA did a Pre-Budget recommendation for a federal procurement policy. CPCA will continue to research Canadian and North American green procurement systems and inclusion of recycled paint and send this approved procurement letter to several governments. International Development & WCC Report EU Nordic Study Draws Wrong Conclusions on Paints as Being the Primary Source of Microplastics: WCC and CEPE Scientifically Challenged the Report
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