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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