One noteworthy deviation from CARB’s Consumer Products Regulations is the product
category definitions. The proposed Regulations did not adopt the text of CARB’s definitions...
December 2019 SPRAY 31
There has been push-back from an industry association,
requesting that the exact text used in CARB’s definitions be
adopted. The Government of Canada has responded stating
that regulatory drafting conventions do not allow for verbatim
adoption of product category definitions as found in CARB’s
regulations because Canadian regulations are drafted in two
languages, and must be written in a way that can be interpreted
in both languages and under both the common and civil systems
of law. Additionally, the Government of Canada does not define
commonly known terms or dictionary definitions.
If a product belongs to more than one product category listed
in the Schedule, the lowest applicable VOC concentration limit
must be applied.
Alternative compliance options
A few alternative compliance options have been offered to provide
some flexibility in complying with the proposed Regulations.
1. VOC Tradeable Unit Credit Program
A permit that allows companies to manufacture or import products
that exceed concentration limits in the following ways:
• Credits may be earned from products that were reformulated
to have a VOC concentration below the regulatory limits and
used to balance the emissions from products that exceed the
VOC concentration limits
• Credits may be purchased from other companies
Permits would be valid indefinitely if participating companies continue
to submit the required annual reports and meet conditions
set out by the proposed Regulations
2. Permit: Product resulting in fewer VOC emissions
A permit could be obtained allowing for products to exceed the
VOC concentration limits if, as a result of product design, formulation,
delivery or other factors, the total VOC emissions from the
product would be lower than those from a comparable compliant
product when used in accordance with the manufacturer’s written
instructions. The permit would be valid for four years and could
be renewed every four years, if an application is submitted 90 days
prior to expiry.
3. Permit: Compliance not technically or economically feasible
A temporary permit could be obtained for manufacture or
import of products that would be otherwise unable to meet the
designated VOC limits for technical or economic reasons. This
type of permit may be obtained if the conditions outlined in the
proposed Regulations are met, including a plan that shows how
the products will be brought into compliance. The permit would
be valid for two years and may be extended if an application is
submitted 90 days prior to expiry.
Looking ahead
The comment period has ended and now we are on the watch for
the Regulations to be finalized. The proposed Regulations will
come into force on Jan. 1 of the calendar year that is two years
after the calendar year during which they are registered. One
exception to this date is the VOC limits for disinfectants (Item
31 of the table to Schedule 1), which will come into force after
one additional year. Currently, we do not know the anticipated
date for adoption. We recommend checking your products to see
if they will fall under the scope of these proposed Regulations.
If you are not already compliant, you will want to ensure you are
able to re-formulate or establish an alternative compliance option
by the time the proposed Regulations come into force. For VOC
compliance and other regulatory questions, contact us by visiting
nexreg.com. SPRAY