CPCA Regulatory News #252

11/21/2018 CPCA Regulatory News #252

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ISSUE #252 JANUARY 18, 2018

CPCA Regulatory News AlertHelping Your Company’s Regulatory ComplianceFocusing on Regulations for Health and Safety, Environment, Transportation and Product Stewardship.

FOR MEMBERS ONLY

CPCA UPDATE

FEDERAL NEWS

PROVINCIAL

OntarioQuebecAlberta

INTERNATIONAL NEWS

United StatesChemicalsEnvironmentSafety/SecurityProduct StewardshipTrade

Europe and Other Countries



CPCA Connects • Follow us on Twitter • Join our Linkedin Group • Like us on Facebook • Subscribe to our Newsletter • Email [email protected] to share your ideas and suggestions • Learn More at: www.canpaint.com CPCA regularly publishes several important publications to ensure membersare fully informed of ongoing issues and actions impacting the paint andcoatings industry in Canada. These include: • Business Management & Marketing News: monthly newsletter addressingrelevant issues for those involved in management, sales and marketing inmember companies • Regulatory News Alert: monthly publication detailing comprehensivelegislative and regulatory actions at all levels of government • Prime Time News: publicly available monthly newsletter sent to members,important stakeholders and governments to provide a window onto the industryfor those with an interest or role in the sector • CPCA INSIGHT: Guide & Directory published annually to report on CPCA’swork on behalf of members, key trends in the industry, raising awareness of theissues important for the sector and a guide of CPCA members supporting theimportant work done to sustain a long-standing and viable Canadian industry • Regular Bulletins, Updates, Memoranda and Press Releases: sent tomembers regularly to ensure CPCA members are fully informed and can havedirect input on actions taken by CPCA’s board, technical committees and staffto ensure industry is represented at the table when decisions are madeaffecting them

All past issues of Business Management & Marketing News andRegulatory News Alert are archived in the Members Only section ofwww.canpaint.com.

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IPPIC Publishes Global MarketAnalysis for the Paint and CoatingsIndustry (2015–2020) The International Paint and Printing InkCouncil (IPPIC) has published a new,expanded edition of its well-respectedGlobal Market Analysis (GMA): theGlobal Market Analysis for the Paint &Coatings Industry (2015-2020). Itprovides comprehensive marketresearch covering the global paint andcoatings industry, addressing topics ofrelevance to coatings manufacturers,end users, raw materials suppliers, andothers interested in the industry.

The report covers three primary categories of coatings: Decorative, OriginalEquipment Manufacturers and Special Purpose, as well as the many sub-segments within those categories. Research focuses on sector analysis,market trends and drivers, and competitive landscape. Packed with insightfulinformation, content is delivered in an easy-to-read format with charts, tables,and other illustrations that highlight the study’s most pertinent data. IPPIC is pleased to partner with The ChemQuest Group, Inc., a leadingconsulting firm to the specialty chemicals and coatings industries, to conductthe in-depth market research and develop this single-volume resourcedocument. Corporate Member Price: Members of the associations that comprise IPPICmay purchase a digital download at a special members' only price of US$2,750(Contact your IPPIC member association for the required special DISCOUNTCODE). Global License Price: IPPIC Members can also purchase a "global licence"for US$10,000. A global licence entitles a purchaser to place an electronic copyof the study on a corporate intranet server on which employees of the licenseecan view the study. Such a licence would not entitle the licensee to place thestudy on an extranet server or web page where it would be accessible topersons not employed by the licensee. Non-member List Price: A digital download may be purchased for US$4,500per copy. Order online. For more information, contact IPPIC's Steve Sides at (202) 462-6272. IPPIC New Website



CPCA UPDATEWHMIS 2015: Labour Groups Disagree with the HPR AmendmentProposal and Advocate Restricting Combination of Ranges to be Up to 2Not 3 for a-g RangesPest Management Regulatory Agency (PMRA) UpdateCMP-3 2017-2018 Two-Year Rolling Plan UpdatedCMP After Screening Assessment ReportsStandards and GuidelinesNinth Chemicals Management Plan Progress Report Published inDecemberTBAC VOC-exemption Status in CaliforniaCPCA Automotive Refinish Paint Manufacturers Council SubmitsComments to Metro VancouverUS NTP Draft Study Shows Clear Evidence of PCBTF LiverCarcinogenicity Now Under Peer ReviewDraft US Report Recommends Adding Antimony Trioxide to CarcinogenListExplosives Regulatory Division’s Direct Inquires CPCA on SectoralImpact of Amendment to the Explosives Act and Regulations Anticipatedfor Spring 2018Free of Charge Access to the BEST of European Coatings Show 2017Materials

CPCA Update

WHMIS 2015: Labour Groups Disagree with the HPR Amendment Proposal andAdvocate Restricting Combination of Ranges to be Up to 2 Not 3 for agRanges Health Canada has requested industry and labour to provide anyevidence/justification for the combination of “3” ag ranges by January 17. CPCAsought feedback from all EHS committee members and provided a summary ofanswers to the CIC and agreed with the final industry response, which is provided an



example of how low concentration ranges (e.g. 0.32%) cannot be covered by acombination of 2 ranges only, stressing that no clear rationale was presented bylabour for this requirement. Industry also indicated disappointment with the lateLabour opposition to the Hazardous Products Regulation (HPR) fall amendment,after previously agreeing to it last year.

Pest Management Regulatory Agency (PMRA) Update

CPCA Secures Agreement from PMRA to Suspend Pending Decisions onPaint and Coatings Uses for Several Preservatives and Proceed with aSpecial ‘Cluster Analysis’ At the last PCWG meeting of December 1, PMRA officials confirmed that theyintended to delay their pending decisions regarding key paint preservatives toa later date via a new “cluster analysis” approach. This separate assessmentwill be based on new information provided by CPCA and the new brush androller study by the Biocides Panel of the American Chemistry Council on usesand exposure scenarios. However, according to the PMRA 20172021 reevaluation schedule, all final or proposed decisions will continue to bepublished for the remainder of uses for these preservatives. To further inform PMRA in their cluster analysis of other preservatives (folpet,dazomet, chlorothalonil and sodium omadine), CPCA will launch several otherquestionnaires this winter to ensure PMRA makes informed decisionsregarding the uses of biocides in paint and related exposure scenarios. Thiswas severely lacking in the previous decisions on OIT and CMIT/MIT. PMRA to Jointly Work with CPCA on a Key Publication Related to theMandatory Use of Registered Biocides in All Imported Treated Articles inCanada PMRA recently obtained greater certainty via a legal opinion that its current Actand policies adequately cover the obligations related to the use of registeredpesticides in all ‘treated articles’ imported into Canada and therefore there isno need to develop a new policy. However, the PMRA intends to proceed withthe dissemination of key compliance messages to registrants and users andwill work with CPCA on the development of these messages. CPCA would liketo hear members’ views and/or examples of authorized claims to include in thePMRA compliance text before the end of January. Regulatory Cooperation Council Joint Plan for 20182019: CPCA/ACAJointly Sought for Improved PMRAUS Alignment of Risk AssessmentMethodologies and Registration Process to be Added to the Plan The ACA/CPCA joint letter was sent to RCC officials in December to furtherensure that this ACA/CPCA issue, initially submitted last summer is effectivelyretained in the final RCC Joint Work Plan, which will be confirmed in the winterof 2018. All Members Expected to Have Submitted Their Questionnaire on OIT byJanuary 16: Similar Questionnaires to be Distributed for AdditionalPreservatives this Winter PMRA officials have made it clear that data provided by CPCA to the ACCBiocides Panel Report on a brush and roller wipes study will both need to beprovided for their new reevaluation analysis and possible revised decision onOIT. Therefore, CPCA has been gathering comprehensive details on currentuses of OIT (Octhilinone) in the Canadian market (architectural, industrial andautomotive) over the past month, which must be submitted by midJanuary.CPCA was required to confirm an extensive national coverage, that is, whether



or not members use OIT. CPCA hopes that this information gathering will be apositive step forward, not only for OIT but for other preservatives.

CMP3 20172018 TwoYear Rolling Plan Updated The updated Substances List table for CMP3 indicates the approach to be followedto address ecological and human health concerns in chemical assessments.Government encourages stakeholders to provide additional information onsubstances for consideration in the risk assessment before the start date of theassessment. Information should be provided a year in advance of the riskassessment end date. Please note the following changes in the TwoYear Publication Plan for those reportsthat are anticipated during the second and third fiscal years (April 2017 to March2019):

Assessment Report Original publicationdate

Modifiedpublication date

Phenol, 2(1methylpropyl)4,6dinitro DSAR Oct. – Dec. 2017 Jan. – Mar. 2018

Furans & derivatives DSAR Oct. – Dec. 2017 Jan. – Mar. 2018

Benzophenone DSAR Oct. – Dec. 2017 Jan. – Mar. 2018

Cyanides DSAR Oct. – Dec. 2017 Jan. – Mar. 2018

Ketones DSAR Jan. – Mar. 2018 Apr. – Sept. 2018

Epoxy resins DSAR Jan. – Mar. 2018 Apr. – Sept. 2018

Nitro Musks DSA Apr. – Sept. 2018 Oct. 2018 – Mar.2019

Petroleum Base Oils DSAR Jan. – Mar. 2018 Apr. – Sept. 2018

PSSA Stream 0 Coal TarsFSAR Jan. – Mar. 2018 Oct. 2018 – Mar.

2019

Poly(alkoxylates/ethers) DSAR Apr. – Sept. 2018 Oct. 2018 – Mar.2019

Quaternary ammoniumcompounds DSAR

Oct. 2018 – Mar.2019

Publishing Years45

CMP After Screening Assessment Reports

CMP3 DSARs & Science ApproachFor the Benzoates Grouping: All substances do not meet any of thetoxicity criteria. The comment period ends on February 28. For the Carboxylic Acids Grouping: All four substances—Propionicacid, nbutyric acid, nonanoic acid, and oxalic acid (CASRN 79094,107926, 112050, 144627)—do not meet any of the toxicity criteria.The comment period ends on February 28. The FSAR is anticipated inDecember 2018.Science Approach for a Subset of Petroleum Substances: AnApproach document for a subset of 83 petroleum substances proposesthat all will not undergo further assessment at this time for human health



concerns. Additional risk assessment/management activities may beundertaken if new information becomes available. The comment periodends on February 28. Science Approach for 14 Low Human Health Potential: A total of 14substances were chosen to illustrate the application of the HazardbasedApproach of low concern.For Carboxylic Acid Anhydrides Grouping: All three substances—Phthalic Anhydride (CAS RN 85449), Maleic anhydride (108316), andTrimellitic anhydride (552307)—do not meet any of the toxicity criteriawith no further action.For Formic Acid and Three Formates: All four substances—formicacid [CAS RN64186]; formic acid, ethyl ester [109944]; formic acid,sodium salt [141537]; and formic acid, methyl ester [107313]—do notmeet the toxicity criteria with no further action.

CMP3 FSARsSulfurized Lard Oil: All substances do not meet any of the toxicitycriteria and there will be no further action at this time.

CMP2 FSARsSDPA: All 14 substances do not meet the s.64 toxicity criteria, includingBNST, which had previously been concluded to be toxic under CEPA.Given the reverse conclusion for BNST, a proposed Order was publishedto repeal Item 110 (BNST) from Schedule 1 of CEPA, which is followedby a public comment period ending on February 8. A regulation toamend the Prohibition of Certain Toxics Regulation to reflect newinformation on BNST was published in Canada Gazette, Part II.Selenium: All selenium compounds meet the criteria under paragraph64(a) and 64(c) of CEPA. The proposed RM approach will affect coalmines, smelters, power generation, agriculture, wastewater, and food,pest control, health and cosmetics products, should be published on orbefore December 2019. The comment period ends on February 14.

Standards and Guidelines

Federal Environmental Quality Guidelines Published for ChallengeTriclosanCanadian Ambient Air Quality Standards Published for nitrogen dioxide

Ninth Chemicals Management Plan Progress Report Published in December Since the launch of the CMP, the government has:

Addressed 3,331 of the 4,300 chemicals identified as priorities by 20202021Found 420 chemicals to be harmfulImplemented 80 RM actions (additional tools in development)Received 5,671 notifications for new substances

A new resource was implemented on Canada’s Open Government Portal regardingSignificant New Activity (SNAc) orders and notices.

New Substances Program: Progress on Chemicals and Polymers Between JuneDecember 2017:

15 prenotification consultations completed, 5 closed269 new chemicals and polymers assessed7 ministerial conditions7 SNAc notices82 substances added to DSL



5 deleted from NDSL and 239 added10 orders amended DSL4 orders amended NDSL.

TBAC VOCexemption Status in California California has trumped up bogus carcinogenicity charges against TBAC to deny itsVOC exemption in several air Districts and limit its use as a VOCexempt compound.OEHHA’s Scientific Review panel agreed with their toxicologist’s report, andSCAQMD will propose rescinding the TBAC exemptions in rules 1151 and 1113 atthe Stationary Source Committee meeting on January 19. Without any oppositionfrom industry, it is possible that both the SCAQMD and Metropolitan Vancouver willeventually ban the use of TBAC in automotive refinish coatings, going beyond thecurrent federal regulation exempting TBAC. This would set a bad precedent and mayprompt other jurisdictions to follow suit. OEHHA is the only agency that considers TBAC to be potentially carcinogenic due toits metabolism to TBA, believed to cause tumors in male rats and female miceexposed to high doses in an 1995 drinking study by the National Toxicologyprogram. The NTP authors themselves concluded that there was some evidence ofcarcinogenicity but not enough to classify TBAC as a probable or know humancarcinogen. Since then, several independent panels of expert have concluded thatthe tumors observed in the male rats were by rodentspecific modes of action thathave no equivalent in humans (Hard et. all 2011). The OEHHA case is propped upby the speculation that TBA may be genotoxic despite ample evidence that it isnot. Lyondell will continue to defend these unfounded charges, but need industry’ssupport to prevent this smear campaign from spreading beyond California’sborders. CPCA believes it must take a stand now for TBAC in the Metro Vancouverregion and recommend adopting existing federal VOC limits and VOCexemptions asthe best way forward and no other approaches taken by any one local jurisdiction,which may lead to others following, or worse, future amendments to the existing listof VOCexempted compounds in Canada.

CPCA Automotive Refinish Paint Manufacturers Council Submits Comments toMetro Vancouver The CPCA Council submitted comments to Metro Vancouver air quality planners,who had relayed a list of specific questions to paint manufacturers in earlyDecember. CPCA further pressed the need for Metro Vancouver to conform with thefederal VOC limits and demonstrated that there would be little air qualityimprovement gained from adopting more restrictive VOC limits in the area whiledisrupting the overall AR activities in the region and causing anticompetitive issues.The CPCA Council also recommended not to remove TBAC from the list of VOCexempt compounds, since ECCC and HC both carefully reviewed an extensivedossier on TBAC in 2008 before adding it to the DSL and concluded it nonCEPAtoxic and nonVOC. Unless Metro Vancouver has new scientific data to showotherwise, it has no basis to deny its VOCexempt status in Canada, or ban it fromAR paint formulations.

US NTP Draft Study Shows Clear Evidence of PCBTF Liver CarcinogenicityNow Under Peer Review PCBTF is believed to have carcinogenic effects on both male and female mice andsome evidence of thyroid cancer in both sexes of rats as well as to cause acute andreproductive effects (sperm mobility). In contrast with TBAC, the carcinogenicity



evidence against PCBTF is a lot stronger and numerous jurisdictions will likely takeaction against PCBTF. This will leave the paint industry with only the fast evaporatingacetone and methyl acetate as the only VOCexempt solvent. Many paintmanufacturers have been using PCBTF as a substitute for TBAC. So it is importantfor the paint industry to defend TBAC now, from OEHHA unfounded charges, inorder to maintain other available tools in order to comply with increasingly stringentVOC regulations. ACA will be closely involved in the PCBTF file in the coming yearto assess its impact on the paint and coatings industry. CPCA will discuss this issuewith ECCC/HC officials, when they show interest in revisiting the PCBTF riskassessment and/or its VOCexempt status later in Canada.

Draft US Report Recommends Adding Antimony Trioxide to Carcinogen List The US National Toxicology Program has provisionally concluded that antimonytrioxide is "reasonably anticipated to be a human carcinogen." The NTP found theanimal and mechanistic data had "sufficient evidence of carcinogenicity." As a result,antimony trioxide should be listed either "known to be" or "reasonably anticipated tobe" a human carcinogen. The NTP will peer review the draft monograph on January24. Antimony compounds are used in flame retardants, plastics, paints, glass andceramics. This could have an impact in the EU, as the German REACH and CLPcompetent authority is to begin evaluating SbO3 in March for a reclassification as acategory 1B carcinogen. SbO3 was a Challenge Batch 9 substance, which did not meet the toxicity criteriaback at the time (2010) but ECCC/HC said they would consider its inclusion in theInventory Update at that time.

Explosives Regulatory Division’s Direct Inquires CPCA on Sectoral Impact ofAmendment to the Explosives Act and Regulations Anticipated for Spring 2018 The amendment to the Explosives Act and Explosives Regulation Act will includeadditional restrictions for a list of metallic powders/acids that are available toconsumers and can be used in the manufacture of homemade explosives. The ERDis considering making some changes to its current list under section 455 of theExplosives Regulations Act that will align it with allied countries. CPCA gatheredinput from EHS committee members and asked for more information on the controlmechanisms and requirements of the new amendment, in order to adequatelyassess any possible impact on the CASE sector. The ERD recently said it would preconsult stakeholders prior to the CG I publication.

Free of Charge Access to the BEST of European Coatings Show 2017 Materials The European Coatings Show a freeofcharge access to the best of ECS and ECSConference 2017 in Nuremberg (> 50 videos, 60 technical, and 80 product updatesfrom exhibitors plus the latest product news in 2017). The platform will be open fromMarch 14 to 21, 2018.

NOTE: If you would like access to the Members Only section of CPCA’s website,please contact Micheline for new access coordinates: [email protected].

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SAVE THE DATE!CPCA’s 105th Annual Conference and AGM

Wednesday, May 23rd & Thursday, May 24th, 2018

Toronto Marriott Downtown Eaton Centre Hotel525 Bay Street, Toronto, Ontario

CPCA Annual Conferences and AGM105th Annual Conference and AGM May 23-24, 2018 Marriott Downtown Eaton Centre Hotel Toronto, Ontario

Other CPCA Dates to Save



CPCA Coatings Webinar Winter 2018 CPCA Paint and Coatings Working Group Meeting April 24, 2018 CPCA Board of Directors Meeting March 2018 (TBD) CPCA/AQIP Golf Tournment July 9, 2018

FEDERAL NEWSProhibition of Asbestos/Asbestos Products and Related Amendments tothe Export Control List ProposedFeds Publish Greening Government StrategyFederal Clean Fuel Standard Will Require Emission Cuts Across theBoardTwo Final Orders Amend the DSLReminder: S.71 Information Data Gathering for Certain MicroorganismsEnds on January 30Transport Canada Publishes Cross Border Emergency Response Guide& Planning DocumentTransport Canada Publishes Regulatory Transparency and Openness2017-2018 ActivitiesFinal Amendment to Contraventions Act RegulationsHazardous Materials Information Review Act Filings of Claims forExemptionConsultation on Federal Approach to the Regulation of Cannabis EndsSoon24th Edition of the CE Code Launched on January 2PPP and Product Stewardship Issues Ahead: Chinese Ban on ForeignRecyclables Causing Headaches for Canadian CitiesOECD Published "Environmental Analysis of Canada" on December 19



Venture Capital Catalyst Initiative Announced for SMEsNotice for 2017 Reporting of Greenhouse GasesProposed Regulations to Amend Circumstances for Granting FuelWaivers Pursuant to Section 147 of the ActCCLP® Designation CoursesCanadian Railways on Pace to Meet Federal GHG Emission ReductionTarget

Prohibition of Asbestos/Asbestos Products and Related Amendments to theExport Control List Proposed The proposed regulations would prohibit the import, sale and use of asbestos, aswell as the manufacture, import, sale and use of products containing asbestos, witha limited number of exclusions. The comment period ends on March 22. The finalRegulations and repeal of current regulations are expected in the fall of 2018. Thegovernment will hold two webinars on February 6 (English) 8 (French) to discussproposal/RIAS. To register, a form must be returned by February 1. A Proposed Order was also published to amend Schedule 3 to the CEPA to ensureCanada’s compliance with the Rotterdam Convention for domestic controls onasbestos. It will add the following types of asbestos to Part 2 of the Export ControlList: actinolite, anthophyllite, amosite, and tremolite. Crocidolite would remain inPart 2 and Chrysotile be added to Part 3. Note: US Democrats recently introduced a bill to also ban asbestos in the US.

Feds Publish Greening Government Strategy Published on Dec. 19 and Dec. 20, this strategy aims to respond to climate changeby required actions to:

1. Reduce GHG emissions with new targets: 80 per cent reduction below 2005levels by 2050.

2. Increase the resiliency of assets, services, and operations to adapt to thechanging climate.

The GHG reduction steps include carbon tax and the implementation of fee systemsto be completed by all provinces/territories by September 1. If the fee system is notin line with federal expectations, then federal requirements will prevail. Greening government operations will support Canada’s sustainability goal in all newbuildings that will need to be ‘‘netcarbon ready” starting at the latest in 2022 and allmajor building retrofits will be lowcarbon. A net zero energy ready building code willbe published in 2022. By 2030, 90 per cent of construction renovation and demolitionwastes will be diverted.

Federal Clean Fuel Standard Will Require Emission Cuts Across the Board The Draft Regulations are expected in late 2018, with final regulations in place bymid2019.



Two Final Orders Amend the DSL

Order 2017661001: Adds the following two substances in Part I of the DSL:CAS RN 68739071 and 215247953.Order 2017871001: Adds the following CAS RN to Part I (28205745 NP,71463688 N, 107896640 NP, 231297759 N and 1894220928 NP) andthe following three substances to Part 3 of the DSL (192042 N, 192075 N,192097 NP). SNAc requirements are maintained for CAS RN 185635 NS.

Reminder: S.71 Information Data Gathering for Certain Microorganisms Endson January 30 A reporting guidance is available.

Transport Canada Publishes Cross Border Emergency Response Guide &Planning Document The guide is available on the TDG website along with a presentation on the TDGprogram and tools upon request. Transport Canada also published a new reference document entitled EmergencyResponse Planning for Rail Incidents Involving Flammable Liquids.

Transport Canada Publishes Regulatory Transparency and Openness 20172018 Activities

Final Amendment to Contraventions Act Regulations The Contraventions Act provides an alternative to the summary conviction procedureset out in the Criminal Code for the prosecution of certain offences, which is tosimplify the procedure to prosecute a contravention by means of a ticket, with theoption of voluntary payment, which spares offenders from legal ramifications ofconviction. The Contraventions Act Regulations Section 8 amenment identifies theseoffences and provides a shortform description. No changes in administrative costsare imposed to businesses.

Hazardous Materials Information Review Act Filings of Claims for Exemption Two notices were published on January 9 and 13.

Consultation on Federal Approach to the Regulation of Cannabis Ends Soon Last April, Canada introduced Bill C45 on cannabis. HC is seeking online feedbackon the Regulatory Framework. The deadline to comment and respond to aquestionnaire is January 20. The legalization date is July 1.

24th Edition of the CE Code Launched on January 2



It contains over 260 updates and revisions.

PPP and Product Stewardship Issues Ahead: Chinese Ban on ForeignRecyclables Causing Headaches for Canadian Cities The ban took full effect on December 31. This leaves some Canadian cities withstockpiles of cardboard and crushed plastic without anywhere to send it and thatmay eventually end up in landfills.

OECD Published "Environmental Analysis of Canada" on December 19

Venture Capital Catalyst Initiative Announced for SMEs The Venture Capital Catalyst Initiative (VCCI) was announced in Budget 2017 with a$400million funding to support innovation. It will match every dollar of governmentfunding with at least one or two additional dollars from the private sector and othersources. VCCI could inject up to $1.5 billion.

Notice for 2017 Reporting of Greenhouse Gases Published on December 30, the notice outlines the 2017 reporting requirements forfacilities emitting GHGs above thresholds.

Proposed Regulations to Amend Circumstances for Granting Fuel WaiversPursuant to Section 147 of the Act

CCLP® Designation Courses The first supply chain logistics course that all CCLP designation holders completeis “Transportation Systems,” which starts on January 22.

Canadian Railways on Pace to Meet Federal GHG Emission Reduction Target

Members Urged to Use Educational Materials for MEKO

Please note that all CPCA members are urged to use the educational materialsprovided for their use to inform customers about the issues related to MEKO inpaint. These materials are offered so as to communicate the information on theCode of Practice for MEKO to company staff, contractors, DIY consumers andthe general public. This undertaking was required for the industry to secure avoluntary Code of Practice for MEKO instead of a regulation.

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PROVINCIAL ONTARIO Ontario Election Year Insights The legislative session will resume early in February and leading to an election setfor June 7. The spring budget will likely be introduced earlier than usual as a preelection Liberal platform. It won’t pass before the election, but will serve the liberalcampaign. Also expected are a number of Bills at various stages of consideration toprogress through the Legislature over the session or to be introduced. Over 120 individual statutes were enacted or amended last year. All of the majorlegislation has been passed and received Royal Assent, such as the framework forcannabis legalization; major changes to the Employment Standards Act andthe Labour Relations Act, including the minimum wage increase and legislation to cutunnecessary red tape; omnibus health legislation; housing and rental protectionmeasures; auto insurance system reforms; measures to moderate hydro prices;changes to the construction lien act; as well as many consumer protectionmeasures.



Voters said they want a change in government so strongly that even the Premierpaints herself as the change agent for Ontario. Oddly, though, expect to hear verylittle about significant policy differences between all parties, as the Liberals’ “activistcentre” approach has taken a leftofcentre turn, to crowd out the NDP in theprocess, in its effort to win a fifth consecutive election. Members can vote on ideas for the 2018 Ontario Budget until January 26. Consultation: Plan for First Phase of Transition for PPP Management fromShared Responsibility to an Eventual Regulatory Policy Framework forProducers The Proposed Plan sets out the process by which Stewardship Ontario (SO) willassume both financial and operational responsibility, as well as accountability, forPPP Collection and management in Ontario, or Full Producer Responsibility. SOseeks to divert 75 per cent of PPP after the 2year period. Ontario Strenghtening Workplace Health and Safety Compliance by IncreasingCorporation Maximum Fines from $500,000 to $1,500,000 Reminder: Consultation on Voluntary Occupational Health and SafetyManagement System Accreditation and Employer Recognition Program forOntario Workplaces The deadline to submit is extended to January 26. MOL Employer Posting Requirement: Updated Poster Now Mandatory toDisplay in Workplaces and Give to Each Employee Amendments to Reg. 306/15 Proposed for Pilot Project Automated Vehicles The pilot phase also allows the ministry to establish rules, monitor industry andtechnology developments, and evaluate the safety of AVs. Fair Workplaces, Better Jobs Act, 2017, Most Amendments Enforced onJanuary 1, Also Targeting Employment in the Automotive Sector.

QUEBEC New MDDELC Minister Appointed The new Minister of Sustainable Development, Environment, and Fight AgainstClimate Change (MDDELC) is Isabelle Melançon. Programs on EcoPerformance, Residual Forest Biomass and TechnoclimateExtended to March 31 Transition Énergétique Québec extended these programs with modifications to themaximum ceiling and eligibility criteria. Plastic Bag Ban in Montreal: New Reusable Bag Introduced to Replace CurrentBags Éco Entreprises Québec and CMM introduced a new 20Lbag as an alternative tosingle use plastic bags. Entirely made of REPREVE, coming from recycled plasticbottles, it is foldable, compressible and can contain up to 5 Kg. The City bans allplastic bags at retail since January 1 with a 6month grace period (June 1, 2018).

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Renewable Power Landscape in Quebec Versus Canada Québec produced 99.8 per cent of its electricity from renewable sources(hydroelectricity, wind, biomass) in 2016. Meanwhile, Canada’s total renewablepower capacity slightly raised to 66.4 per cent. Quebec Approves “Zero Emission Vehicle’’ Standard The zeroemission vehicle (VZE) standard was approved last December and will beenforced in 2018. The objective is to stimulate the purchase of VZE and lowemission (VFE) vehicles and broaden the offer of rechargeable vehicles. Carboncredits will be agreed to car builders for the number of VZEVFE vehicles sold in2018.

ALBERTA Carbon Levy Raised to Keep Diversifying Alberta’s Economy The carbon levy is increasing to $30/tonne from $20/tonne of CO2 emissions.Revenues will be invested through green infrastructure, on renewable, bio andefficient energy and innovation. Bill 30 Overhauls Workers' Rights Under OHS and Compensation Legislation Bill 30 imposes substantive and administrative obligations on employers.

UNITED STATES Chemicals Three New Chemicals Cleared for Manufacture by US EPA The premanufacture notices (PMNs) were published on the agency's website onJanuary 8 for additives in paint and coatings:

Dglucitol, 1deoxy1(dimethylamino)Aalkyl alkenoic acid, alkyl ester, polymerwith alkyl alkenoate, dialkyl alkanediol, substituted carbomonocycle,disubstituted heteromonocycle, disubstituted heteropolycyclic, alkanediol,substituted alkyl alkyl alkenoate and substituted heteromonocycle, dialkylperoxide initiated; and

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Isesquioxanes, 2,4,4trimethylpentyl, hydroxyterminated.

Reminder: TSCA Inventory (ActiveInactive) Reporting Deadline is February 7 ACA: Three EPA Issues Related to TSCA implementation

New Chemical Review Program (EPAHQOPPT20170585), to issuedetermination on PMNs (deadline: January 20).Alternative Test Methods and Strategies to Reduce Vertebrate Animal Testingexpected on January 20.PrePrioritization Process (EPAHQOPPT20170586) (deadline: January 25).EPA will finalize and implement an approach by June 2018. At least 40potential high and low priority candidates and information needs will beidentified by December 2019. EPA has identified five potential approaches foridentifying candidates and has already selected an initial group of candidatesbased their “potential concern for children’s health,” PBiT and neurotoxicityproperties, and other factors. They were dubbed as high, moderate or lowhazard. Those PB substances that could not be scored for exposure and forhazard, will be subject to information gathering. EPA is open to various ideasto update its Work Plan methodology. One major caveat: current plan is notaligned on low priority designations and will rely on the Safer ChemicalIngredients List. EPA will also consider functional use in a 4step process.

NGOs and Researchers Filed Lawsuit Against EPA They aim at overturning a new policy barring anyone receiving grant money from theagency from serving on its scientific advisory panels. OEHHA Update

Public Hearing Held on Proposal to List Paint and Varnishes ContainingMethylene Chloride as Priority ProductsChlorpyrifos and nHexane Listed as Causing Reproductive ToxicityRegulatory Amendment Proposed: No Significant Risk forBromochloroacetic Acid (NSRL of 0.95mg/day)Vinylidene Chloride Listed as Carcinogen Under Prop 65 (NSRL of 88mg/day) Used as a comonomer in the polymerisation of vinyl chloride, acrylonitrile andacrylates, this substance is part of the production of adhesives, food packagingand coating resins.

Environment Formaldehyde Cancer Mechanism Remains Elusive The US National Toxicology Program recently found there is not a connectionbetween formaldehyde and mutations in the Trp53 gene that lead to cancer. EPA and Ozone Pollution

Eight Northeastern States Sue EPA for Failure to Protect From OzonePollution Originating from Elsewhere in the USEPA to List Ozone Nonattainment Areas Before April 30

EPA on Schedule to Reduce Staff 50 Per Cent Most of reductions are achieved through retirements, not cuts.

Safety/Security



U.S. Chemical Safety Board “Key Lessons for Preventing Inadvertent MixingDuring Chemical Unloading Operations” The CSB examines several key issues including the design of chemical transferequipment, automated and remote shut off systems, and chemical unloadingprocedures. H&S Events

11th International Occupational Hygiene Association ScientificConference 2018 September 2426, Washington, D.C. AIHCe & Exp 2018: H&S and the Pursuit of Next Generation May 2223, Philadelphia.

Product Stewardship ACA: Ohio Universal Waste Final Rule Adopted in December This rule will finally allow hazardous nonempty aerosol containers, hazardousantifreeze, and hazardous paint and paintrelated waste to be classified andmanaged as universal waste.

Trade US eManifest User Fee Rule Finalized EPA finalized the eManifest User Fee Rule published in the Federal Register onJanuary 3. The system will begin to operate on June 30. Paul Krugman Debunks Trump’s War on Environmental Regulation Paul Krugman, who won the 2008 Nobel prize in international economics, tweetedout and eviscerated an absurd piece published in the NY Times about Trump’s waron health and environmental regulations, which ignores the terrible human cost.

EUROPE and OTHER COUNTRIES ECHA Update

Harmonized Reporting Obligations for Hazardous Mixtures in EuropeComing Up A new Annex VIII to the CLP regulation effectively starts the countdown withthe deadline for reporting of hazardous mixtures supplied to consumers beingJanuary 1, 2020, and for reporting mixtures intended for professional andindustrial use, being January 1, 2021 and 2024 respectively. Existingunchanged notifications made under previous rules will remain valid until 2025. EU and Industry Directors Recommend Four Actions to Ease CostBurden on Firsttime Registrations to REACH 2018 Deadline of May 31:Solutions Available in February

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Biocides: Consultation on Five Potential Candidates for SubstitutionEnds on April 10 Updated Danish List Predicts EU CLP Classifications for 50,000substances New SVHC Intentions for D4, D5, D6 and Five Proposals Received(Including Methyl 1H and 1H Benzotriazole nHexane and 4Methylpentan2one) Evaluation Delays of EDC Assessment Expected Due to Criteria A draft scientific guidance on ED assessment may be published in June 2018.Meanwhile, the EU Pesticides committee adopted its revised EDC criteria. Nanomaterials Update: Amended Requirements for REACH NMRegistration & German Report on Aquatic Toxicity Consideration for NMGrouping Consultation on Tattoo Ink Substances Restriction

Member States 'May Legislate' if EU Stalls on Harmonizing Food CoatingsMaterials in 2018 34th Session of UNSCEGHS Report Available Please download the report on the UNECE website. The report of the UNSCETDG52nd session will be posted later. The World Plastics Council Welcomes New UN Resolution on Marine Litter The resolution UNEP/EA.3/L.20 prioritizes waste minimization and environmentallysound solid waste management. ISO/IEC 17025 Competence of Testing and Calibration Laboratories Applicableto Any Organizations with Laboratory Activities 2018 Asian Regulatory Update China: MEP to focus on revising Order 7, Measures for EnvironmentalAdministration of New Chemical Substances and first list of priority existingsubstances subject to risk assessment. Japan: Mandatory "positive list" system for food contact materials to be introduced. South Korea: Revised KREACH regulation to approve registration of substancesused in one tonne/year or more. Deadline for the first list of 510 designations is June30. A new biocidal product regulation will be published. Taiwan: Revised and Strengthening Toxic Chemical Substance Control Act to bepublished. India & Vietnam: New food contact regulations expected. Australia: Bill may pass to transform the current regulatory framework for industrialchemicals and introduce a new system of riskbased categorization–low data for lowrisk new substances. Thailand: Consolidated draft inventory of existing substances and revisedHazardous Substances Act.

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CPCA Affinity Program Benefit for Member Companies

CPCA encourages its members to take advantage of savings on personalproducts via our Affinity Program. Contact CPCA for more information. Take advantage of your CPCA member benefits. * Benefits are based on individual circumstances like age of autos, accidents, etc.

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CPCA Coatings Technology Scholarship

CPCA annually awards a scholarship to deservingchildren of staff of member companies, continuingthe long-standing tradition of the Toronto Society forCoatings Technology over many years. The award ismade by CPCA’s Education Committee and grantedto high school students who have excelled in theirfinal year and have been accepted for further post-secondary education. Granting the award is basedsolely on academic achievement.

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CPCA Regulatory News reports on news of interest to paint and coatings manufacturers. Please send anyquestions or comments to the Editor. Copyright © 2018 Canadian Paint and Coatings Association, All rights reserved. unsubscribe from this list update subscription preferences

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CPCA Regulatory News #252