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CPCA CORNER



           CURRENT PAINT




           AND COATINGS ISSUES



           IN CANADA






           By Gary Leroux




                                                                            New Paint Recycling Regulation
                                                                            Coming in Ontario
                                                                            Since the windup of the Municipal Hazardous
                                                                            or Special Waste (MHSW) program in On-
                                                                            tario, the Ministry consulted with stake-
                                                                            holders on a new regulation for paint under the
                                                                            Resource Recovery and Circular Economy Act
                                                                            (RRCEA). The draft regulation is now avail-
                                                                            able to stakeholders for a public consultation
                                                                            period until March 28, 2021. CPCA is working
                                                                            with the program operator, Product Care, on
                                                                            the analysis of these new regulations and mak-
                                                                            ing appropriate interventions where required
                                                                            to ensure a reasonable regulation for paint re-
                                                                            covery and recycling in Ontario.
                                                                              CPCA continues to work with other like-
                                                                            minded associations in Ontario in seeking en-
                                                                            hanced transparency and more accountability
                                                                            for ongoing changes to increasing waste recov-
                                                             ery costs for producers in Ontario. For this, there need to be substan-
                                                             tive amendments to the current legislation ensuring greater
                                                             accountability of the oversight agency, RPRA, as well as Ministry of-
         PMRA Confirms Aligning with the EU on Decision      ficials who are responsible for  developing policy and regulations.
         to Prohibit Specific Uses of Chlorothalonil         The new paint recycling regulation is targeted to come into force at
         In a letter to registrants dated February 10, 2021, Canada’s Pest    the end of June 2021.
         Management Regulatory Agency (PMRA) confirmed it will not
         reopen its final decision on the  special review of chlorothalonil    CPCA Members Provide Feedback on the Technical
         published for agricultural and turf products in 2018. PMRA is alleged   Challenges Associated with Adoption of California
         to have based its decision on an EU preliminary risk analysis which   VOC Limits in Canada
         later led to a final decision in 2020 to eliminate the use of chlorotha-  Early in 2020, Environment and Climate Change Canada presented
         lonil in plant protection as well as in all uses based on human health   the results of a study that compared the actual VOC content in pro-
         and environmental concerns. Similarly, as with OIT, chlorothalonil   ducts sold in Canada to various models used in the United States
         may very well be another example of a continuing PMRA misalign-  including CARB 2019 and OTC Phase II. At the time, CPCA
         ment with the US EPA.                               submitted comments recommending a phased-in adoption of OTC
           At an upcoming meeting with the PMRA, CPCA intends to inquire   Phase II, stating that it took several  years for all U.S. states to
         about PMRA’s current position with  respect to their proposed    officially move from OTC I to OTC II and that not all U.S. states
         decision on six preservatives, including chlorothalonil. Selective   have yet done so. Additionally, we noted that most of the impact of
         alignment is not an option. Government cannot choose to ban a    adopting U.S. rules will be on specialty products such as mainte-
         substance, as it did in the case of OIT (since reversed), that the US   nance enamels and specialty primers that serve specific needs and
         EPA had not banned, as this caused misalignment initially. The    are difficult to reformulate.
         government cherry picked EU data banning the substance, but again,   In December 2020, government officials shared their intent to
         not in alignment with our closest trading partner, the United States.    adopt CARB 2019 VOC limits, mainly because OTC indicated it
         12            CANADIAN FINISHING & COATINGS MANUFACTURING                                                                                                 MARCH/APRIL 2021
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