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Proposed Amendments to the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations : Consultation Paper

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Proposed Amendments to the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations : Consultation Paper[PDF - 1.48 MB]

1. Introduction

The Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations were published in 2009 in response to the Government of Canada’s commitment to improve air quality for Canadians Footnote 1 . In 2019, Environment and Climate Change Canada (ECCC or the department) conducted an internal review of the regulations to ensure that they continue to be appropriate and effective. In July 2022, the Government of Canada published a renewed Federal Agenda on the Reduction of Emissions of Volatile Organic Compounds (VOC) from Consumer and Commercial Products. The actions identified in this new agenda, to be implemented over the 2022 to 2030 period, aim to further reduce VOC emissions from various consumer and commercial products, including architectural coatings. Specifically, for architectural coatings, the Government of Canada is proposing to amend the current requirements to achieve additional VOC reductions and clarify certain existing regulatory provisions.

The Government is committed to ensuring that regulatory development activities include a process of meaningful and effective consultation with stakeholders. Consequently, stakeholders are invited to contribute to this consultation process by providing input on the proposed amendments to the regulations, in advance of publication in the Canada Gazette, Part I. Stakeholders are also invited to contribute to the regulatory review process by providing input to improve the effectiveness of the regulations in achieving their environmental objectives while minimizing regulatory burden.

This consultation also represents an opportunity for the Government to obtain information on the costs and benefits of the proposed amendments of the regulations to Canadians and to Canadian industry. The information collected will be compiled and shared with stakeholders and the public as part of the Regulatory Impact Analysis Statement that will accompany the publication of the proposed and final amended regulations.

Stakeholders are asked to provide written comments on this consultation document before January 13, 2023. Section 8 provides details on the submission of comments.

2. Rationale for amending the regulations

The Government is proposing to amend the regulations to achieve the objectives discussed below.

2.1 Achieving additional VOC reductions

Various surveys, carried out before and after the implementation of the regulations, have shown that they were successful in reducing VOC emissions from the Canadian architectural coating sector. Survey data show (in Figure 1) that, in 2002Footnote 2 , 74.7 kilotonnes (kt) of VOC emissions were emitted in Canada from the sector. Emissions decreased to 22.6 kt in 2014Footnote 3  and 11.7 kt in 2018Footnote 4 . The volume of coatings produced varied over the years, but those of 2002 and 2018 are comparable at respectively 293 and 283 million litres.

Long Description

This bar chart shows the VOC emissions from the Canadian architectural coating sector for the years 2002, 2014 and 2018. In 2002, the VOC emissions from the sector were 74.7 kilotonnes. They were 22.6 kilotonnes in 2014 and 11.7 kilotonnes in 2018.

Although significant reductions in VOC emissions have been achieved by the sector since the implementation of the regulations, and despite significant improvements in air quality over the past 20 years, the burden of air pollution on the health of Canadians continues to be significant.

Health Canada estimates that air pollution from industry, transportation and other human activities results in more than 15,300 premature deaths every year in CanadaFootnote 5 . Both fine particulate matter (PM2.5) and ozone (O3), for which VOCs are precursors, affect health at all concentration levels, even in areas of the country with very good air qualityFootnote 6 . Additional information on VOC emissions, and the measures put in place by the Government of Canada to reduce these emissions from consumer and commercial products can be found in Appendix B.

Given the continued contribution of VOC emissions from architectural coatings to air pollution, the impact of air pollution on the environment and human health, Canada’s national and international commitments, and the fact that paints and coatings are used more in higher population centres, where air quality is more of a challenge, additional actions are required to reduce these emissions.

The proposed amendments to further reduce VOC emissions are presented in section 3.

2.2 Improving existing regulatory provisions

In 2019, the Government of Canada conducted an internal review of the regulationsFootnote 7 . The review’s goal was to ensure that they continue to be appropriate, effective, and achieve their intended policy objectives. The review identified areas of the regulations needing clarification and proposed the following modifications:

The amendments proposed to clarify the provisions of the regulations are presented in section 4.

3. Achieving additional VOC reductions

When the regulations were being developed between 2005 and 2009, the VOC content requirements were chosen to align with those found in the United States (U.S.) Ozone Transport Commission (OTC) Model Rule 2001- Architectural & Industrial Maintenance (AIM) Coatings Phase I. This OTC model rule was updated in 2011 (Phase II) and includes requirements that are more stringent than what is found in the current Canadian regulations. Other relevant instruments in the U.S. include the California Air Resources Board (CARB) Suggested Control Measures (SCM) for architectural coatings, which were last updated in 2020. The 2020 SCM, which is more stringent than the current Canadian regulations and OTC model rule, is a model rule developed by CARB that local air districts can use to develop their own rules. Additional background information on U.S. measures to limit VOC emissions from architectural coatings can be found in Appendix C.

The proposed approach to achieving additional reductions in VOC emissions is to align Canada’s VOC concentration limits with those found in leading North American jurisdictions. This ensures regulatory requirement consistency in the highly integrated North American market and enables Canada to benefit from the long U.S. experience in implementing regulatory limits on the VOC content of architectural coatings.

Available information suggests that opportunities exist for Canada to achieve further reductions in VOCs. To identify these opportunities, the department contracted a technical study entitled Potential Additional Emission Reductions from the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations (Cheminfo, 2020)Footnote 8 . The study, which was finalised in 2020, included a survey of products sold on the Canadian market in 2018. The survey results, extrapolated to reflect the entire Canadian market, estimate that reductions in the range of 4.4 to 7 kt per year could be achieved by aligning Canada’s VOC concentration limits with those found in leading North American jurisdictions. The survey results also show that products complying with current OTC and CARB limits are available, which is an indication that these reductions are possible.

To reduce VOC emissions from architectural coatings, the following changes are proposed:

It is important to note that:

The goal of this consultation document is to provide a high level overview of the changes the Government of Canada is proposing to make to the regulations in order for stakeholders to react to the proposed changes, and to provide information and comments that will enable the Government to shape the amendments. The proposed regulatory text and concentration limits will be developed following this preliminary consultation period, and will be published in the Canada Gazette, Part I for comments.

3.1 Proposed increase in the stringency of the VOC concentration limits

It is proposed to align VOC concentration limits of existing coating categories with limits found in the CARB 2020 SCM where the results of the 2018 survey of products sold on the Canadian market show that some products already comply with these limits. The proposed VOC limits are therefore considered to be technically and commercially feasible. In instances where this is not the case, it is proposed to align VOC limits with those found in the OTC AIM Coatings Phase II Model Rule. The department has heard concerns from stakeholders regarding the efficacy of lower VOC products in cold or severe weather applications. The department has considered these concerns when selecting the proposed concentration limits (e.g. for roof coatings). However, if some of the selected limits do not seem feasible when considering the Canadian climatic conditions, stakeholders are invited to provide data and information, specific to each categories of concern, on the feasibility of the proposed VOC limits.

The changes proposed are listed in table 1.

Table 1: proposed changes to the VOC concentration limits found in the schedule to the regulations
Cat.
#		 Category description Current limit (g/L) OTC AIM Coatings Phase II Model Rule limit
(g/L)		 CARB 2020 SCM limit (g/L) Proposed limit
(g/L)

Results of the 2018 survey of products sold on the Canadian marketFootnote 10

Weighted average VOC content (g/L)

Results of the 2018 survey of products sold on the Canadian market

% of products meeting proposed limit

 Considerations
5 Any other bituminous roof coating 300 270 50 270 200 - 300 93
  • Propose to align with OTC limit for this category as a very limited number of products from the survey have a VOC content below 50 g/L
6 Non-bituminous roof coating, for application to roofs to prevent penetration of the substrate by water or to reflect heat and ultraviolet radiation 250 250 50 50 104 65 -
11 Form release compound, for application to concrete formwork 250 250 100 100 No product reported No product reported
  • Numerous products offered on the Canadian market meet the proposed limit
12 Dry fog coating, for spray application such that overspray droplets dry before subsequent contact with surfaces in the vicinity of the coating activity 400 150 50 50 < 100 41 -
15 Fire resistant coating, opaque, for protecting the structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials 350 350 150 150 < 100 100 -
18 Floor enamel, a high-gloss opaque floor coating for application to surfaces that may be subject to foot traffic 250 N/A N/A 100 100 - 200 57
  • This category does not exist in the OTC AIM Coatings Phase II Model Rule and the CARB 2020 SCM
  • These products are subject to the Floor coatings VOC limit of 100 g/L in the OTC AIM Coatings Phase II Model Rule and 50 g/L in the CARB 2020 SCM
  • A very limited number of products reported in the survey have a VOC content below 50 g/L
  • It is proposed to keep the category and reduce the limit to 100 g/L
  • Stakeholders indicated their preference for a 100 g/L limit for these products given performance concerns associated with a 50 g/L limit
19 Any other opaque floor coating for application to surfaces that may be subject to foot traffic 250 100 50 50 90 35 -
25 Any other industrial maintenance coating 340 250 250 250 199 66
  • The CARB and OTC limits are the same
31 Conversion varnish, clear acid curing coating with an alkyd or other resin blended with amino resins and supplied as a single component or two component product, for application to wood flooring 725 725 N/A 500 506 50
  • This category does not exist in the CARB 2020 SCM
  • These products are subject to the Wood coatings VOC limit of 275 g/L in the CARB 2020 SCM
  • A very limited number of products reported in the  survey have a VOC content below 275 g/L
  • It is proposed to keep the category and reduce the limit to 500 g/L
32 Conjugated oil varnish for sealing wood with a film formation due to the polymerization of naturally occurring conjugated vegetable oil, modified with other natural or synthetic resins of which a minimum of 50% of the resin solids consist of conjugated oils, and that is supplied as a single component product, excluding shellacs 450 450 N/A 350 400 - 500 31
  • This category does not exist in the CARB 2020 SCM
  • These products are subject to the Wood coatings VOC limit of 275 g/L in the CARB 2020 SCM
  • No products reported in the survey have a VOC content below 275 g/L
35 Mastic texture coating, to be applied in a single coat of at least 0.254 mm dry film thickness to cover holes and minor cracks and to conceal surface irregularities 300 100 100 100 300 - 400 75
  • The CARB and OTC limits are the same
39 Specialty primer, sealer or undercoater, a coating to be applied to a substrate to:
(a) seal fire, smoke or water damage;
(b) condition a surface having a chalk rating of 4 or less as determined in accordance with the test method referred to in section 14 of these Regulations; or
(c) block stains.		 350 100 100 100 229 15
  • The CARB and OTC limits are the same
  • The OTC and CARB definitions limit the scope of this category to coatings applied to block water-soluble stains resulting from: fire damage, smoke damage, or water damage
  •  The department could propose changes to the definition of this category to align with these definitions
  • Stakeholders indicated that a VOC limit of 100 g/L would have a serious impact on how Canadian formulators will make these products equivalent in performance
  • Stakeholders are invited to provide data to support these claims  
42 Any other primer, sealer or undercoater 200 100 100 100 59 89
  • The CARB and OTC limits are the same
44 Recycled coating, the total weight of which consists of not less than 50% of secondary and post-consumer coating and not less than 10% of the total weight consisting of postconsumer coating. A secondary coating is a finished coating originating from a manufacturing process. 350 250 250 250 < 100 100
  • The CARB and OTC limits are the same
45 Rust preventive coating, exclusively for non-industrial use and does not include those for use in the construction or maintenance of:
(a) facilities used in the manufacturing of goods;

(b) transportation infrastructure, including highways, bridges, airports and railroads;
(c) facilities used in mining activities and petroleum extraction; or
(d) utilities infrastructure, including power generation and distribution and water treatment and distribution systems.		 400 250 250 250 382 8
  • The OTC and CARB definitions for rust preventive coatings are not limited to non-industrial use
  • The department could propose changes to the definition of this category to align with these definitions
  • CARB and OTC limits are the same
  • Stakeholders indicated that rust preventive coatings with higher-VOC content protect substrates better and require less surface preparation than lower-VOC products
  • Stakeholders are invited to provide data to support these claims
47 Exterior wood stain, clear or semitransparent 250 250 100 100 158 48
  • The OTC and CARB definitions for stains are not limited to wood substrates
  • The department could propose changes to the definition of this category to align with these definitions
  • Stakeholders indicated that additional research and testing are needed to develop exterior stains that could meet the 100 g/l limit and perform well in Canada
  • Stakeholders are invited to provide data to support these claims
51 Any flat coating, other than one set out in items 1 to 50, that registers a gloss of less than 15 on an 85° meter or less than 5 on a 60° meter 100 50 50 50 34 74
  • The CARB and OTC limits are the same
52 Any non-flat coating, other than one set out in items 1 to 50, that registers a gloss of 15 or greater on an 85° meter and 5 or greater and less than 70 on a 60° meter 150 100 50 50 41 66 -

3.2 Proposed alignment of the categories with those found in the CARB 2020 SCM

When the regulations were developed, the coating categories were chosen to align with those found in the OTC Model AIM Coatings Phase I. Since then, CARB and OTC have streamlined the number of coating categories in their rules. Currently, the Canadian regulations have VOC limits for 15 categories that are no longer included in OTC and CARB’s model rules. Another eight categories of products found in the regulations are not included in the CARB 2020 SCM. In the objective of simplifying the regulations, and consistent with the department’s goal of further aligning with U.S. rules, it is proposed to align the categories with those found in the CARB 2020 SCM (as shown in table 2). Coatings covered by a deleted category would become subject to the VOC concentration limit for the most applicable remaining category. Results of the survey of products sold on the Canadian market in 2018, which show that many products already comply with the limit of the category anticipated to cover these products, were used to validate the feasibility of this proposed change. As such, categories that would have been removed, but for which no products sold on the Canadian market in 2018 met the CARB concentration requirements, were retained. These categories are #2 thermoplastic rubber coating and mastic, #7 calcimine recoater, #18 floor enamel, #31 conversion varnish and #32 conjugated oil varnish. The last three categories of this list are discussed in table 1 since it is proposed to lower their respective VOC limit.

It is important to note that some coatings from deleted categories would now be subject to the proposed new categories presented in section 3.3.

Table 2: categories proposed to be removed from the schedule to the regulations
Cat.
#		 Category description Current Canadian limit (g/L) OTC AIM Coatings Phase II Model Rule limit
(g/L)		 CARB 2020 SCM limit (g/L)

Results of the 2018 survey of products sold on the Canadian marketFootnote 11

Volume (L)

Results of the 2018 survey of products sold on the Canadian market

VOC content: weighted average (g/L)

 Category anticipated to cover these products following the modificationFootnote 12 and other considerations
1 Antenna coating, including coatings for an antenna’s associated structural appurtenances 530 N/A N/A 0 N/A
  • #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L)
  • #45 Rust preventative (currently at 400 g/L with a proposed limit of 250 g/L)
10 Concrete surface retarder, mixture of retarding ingredients that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix of cement and sand at the surface to be washed away in order to create an exposed aggregate finish 780 780 N/A 0 N/A
  • #9 Concrete curing compound (currently at 350 g/L with no change proposed to the limit)
13 Extreme high durability coating, an air dry coating, including fluoropolymer-based coatings, for touch-up of precoated architectural aluminium extrusions and panels 800 N/A N/A 100,000- 1 M 500 - 600
  • #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L)
16 Fire retardant coating, clear 650 N/A N/A 0 N/A
  • #51 Any flat coating (currently at 100 g/L with a proposed limit of 50 g/L)
  • #52 Any non-flat coating (currently at 150 g/L with a proposed limit of 50 g/L)
  • #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L)
17 Fire retardant coating, opaque 350 N/A N/A 40,912 78
  • #51 Any flat coating (currently at 100 g/L with a proposed limit of 50 g/L)
  • #52 Any non-flat coating (currently at 150 g/L with a proposed limit of 50 g/L)
  •  #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L)
20 Flow coating, for maintaining the protective coating on utility transformer units 650 N/A N/A 0 N/A
  • #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L)
22 Temperature-indicator safety coating, a high temperature coating that changes colour to indicate a change in temperature 550 N/A N/A 0 N/A
  • #23 Any high temperature coating (currently at 420 g/L with no change proposed to the limit)
  • #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L)
24 Impacted immersion coating, for application to steel structures subject to immersion in turbulent or ice or debris-laden water 780 780 N/A 0 N/A
  • #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L)
28 Clear brushing lacquer, a wood coating formulated with cellulosic or synthetic resins to dry by evaporation without a chemical reaction and to provide a solid, protective film, excluding clear lacquer sanding sealers and lacquer stains 680 N/A N/A 1,266 528
  • New category Wood coating (proposed limit of 275 g/L)
29 Any other lacquer, including lacquer sanding sealers 550 N/A N/A 10,000 - 100,000 300 - 400
  • New category Wood coating (proposed limit of 275 g/L)
30 Any other sanding sealer 350 N/A N/A 10,000 - 100,000 200 - 300
  • New category Wood coating (proposed limit of 275 g/L)
33 Any other varnish 350 N/A N/A 2.1 M 264
  • New category Wood coating (proposed limit of 275 g/L)
  • Stakeholders indicated that a limit of 275 g/L would result in lesser freeze/thaw capabilities for waterborne products and that alkyd products are normally sold in 1 litre size
  • Stakeholders are invited to provide data to support these claims
37 Nuclear coating, a protective coating to seal porous surfaces subject to intrusion by radioactive materials and resistant to chemicals and long-term, cumulative radiation exposure and easy to decontaminate 450 450 N/A 0 – 10,000 100 - 200
  • #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L)
40 Waterproofing sealer for concrete or masonry, a clear or pigmented, film-forming coating that provides resistance against water, alkalis, acids, ultraviolet light and staining 400 N/A N/A 495,528 171
  • New category Concrete/masonry sealer (proposed limit of 100 g/L)
  • New category Basement specialty coating (proposed limit of 400 g/L)
  • New category Reactive penetrating sealer (proposed limit of 350 g/L)
  • New category Stone consolidant
  • (proposed limit of 450 g/L)
  • New category Wood coating (proposed limit of 275 g/L)
  • New category Waterproofing membrane (proposed limit of 100 g/L)
  • #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L)
  • Stakeholders indicated that a limit of 100 g/L would result in lesser freeze/thaw capabilities for sealers and that significant time would be needed for waterbase reformulation and product testing
41 Any other waterproofing sealer 250 N/A N/A 100,000 – 1 M < 100
  • New category Waterproofing membrane (proposed limit of 100 g/L)
  • New category Wood coating (proposed limit of 275 g/L)
43 Quick-dry enamel, a high-gloss coating that has the following characteristics: (a) it is able to be applied directly from the container with ambient temperatures between 16 and 27°C;
(b) it sets to touch in two hours or less, is tack free in four hours or less, and dries hard in eight hours or less by the test method referred in section 13 of these Regulations; and
(c) it has a dried film gloss of 70 or above on a 60° meter.		 250 N/A N/A 0 – 10,000 < 100
  • #52 Any non-flat (currently at 150 g/L with a proposed limit of 50 g/L)
48 Any other stain, including lacquer stains 250 N/A N/A 4.3 M 113
  • #46 Interior stain (currently at 250 g/L with no proposed change to the limit)
  • #47 Exterior wood stain (currently at 250 g/L with a proposed limit of 100 g/L)
  • New category Wood coating (proposed limit of 275 g/L)
  • Stakeholders indicated that resin suppliers would need to reformulate their resin with an exempt solvent.
  • Stakeholders are invited to provide data to support these claims
53 Any high-gloss coating, other than one set out in items 1 to 50, that registers a gloss of 70 or above on a 60° meter 250 150 N/A 444,554 106
  • #52 Any non-flat coating (currently at 150 g/L with a proposed limit of 50 g/L)

3.3 New architectural coating categories and VOC concentration limits

When the regulations were developed, VOC concentration limits were chosen to align with those found in the OTC AIM Coatings Phase I Model Rule. Since then, 12 architectural coating categories were added to the OTC AIM Coatings Phase II Model Rule. Three coating categories (building envelope coatings, stains: interior, tile and stone sealers) were added to the CARB 2019 SCM and photovoltaic coatings were added to the CARB 2020 SCM.

To better represent new products available to the Canadian market, to reflect progress in coating technology, and to further align the categories of the regulations with those found in the OTC and CARB model rules, the department is proposing that VOC concentration limits be set for the categories listed in table 3. The definition of these new categories will be based on what is found in the CARB and/or OTC model rules.

As these are new categories, results of the survey of products sold on the Canadian market in 2018 for these categories were non conclusive.

Table 3: proposed VOC concentration limits for new categories
New category Category description OTC AIM Coatings Phase II Model Rule limit
(g/L)		 CARB 2020 SCM limit (g/L) Proposed limit (g/L) Considerations
Aluminum roof coating Topcoat for asphalt roof systems or metal roofs. These coatings contain aluminum flakes for the reflection of solar radiation. They are used to reduce the surface temperature of the roof and the internal temperature of the structure. 450 100 100
  • These products are currently covered by the category #3 Metallic pigmented coating, with a limit of 500 g/L (no proposed change)
Basement specialty coating Coating that provides a waterproofing seal to prevent the intrusion of water into basement areas and help to prevent mold, mildew, and efflorescence. Coating designed to withstand hydrostatic pressures. 400 400 400
  • These products are currently covered by the category #40 Waterproofing sealer for concrete or masonry, with a limit of 400 g/L (proposed to be eliminated) or by the category #41 Any other waterproofing sealer, with a limit of 250 g/L (proposed to be eliminated)
  • Products that do not have mold/mildew resistance and cannot withstand at least 10 psi of hydrostatic pressure would be covered by other categories
Building envelope coating Coating applied to a building envelope to provide a continuous barrier to air or vapor leakage.  N/A 50 50
  • These products are currently covered by the category #40 Waterproofing sealer for concrete or masonry, with a limit of 400 g/L (proposed to be eliminated) or by the category #41 Any other waterproofing sealer, with a limit of 250 g/L (proposed to be eliminated)
  • New category in the 2019 CARB SCM
Concrete/ masonry sealer Coating applied to concrete and masonry surfaces to prevent water penetration or provide resistance to abrasion, stains, some chemicals, ultraviolet light or mildew. Coating can be used to harden or dustproof the surface of aged or cured concrete. 100 100 100
  • These products are currently covered by the category #40 Waterproofing sealer for concrete or masonry, with a limit of 400 g/L (proposed to be eliminated)
Driveway sealer Coating applied to worn asphalt driveway surfaces to fill cracks, seal the surface to provide protection, or restore or preserve the appearance. 50 50 50
  • These products are currently covered by the categories default categories (#51, #52 and #53)
  • Stakeholders indicated that reformulation would be required to meet the proposed limit. Evaluation with lower levels of ethylene glycol will have to be conducted to evaluate freeze/thaw stability   
Magnesite cement coating Coating applied to magnesite cement decking to protect it from erosion by water. 450 450 450
  • These products are currently covered by the category #40 Waterproofing sealer for concrete or masonry, with a limit of 400 g/L (proposed to be eliminated)
Photovoltaic coating Photovoltaic Coatings are applied as a single layer to solar photovoltaic modules already installed. N/A 600 600
  • These products are currently covered by the category #34 Low solids coating, with a limit of 120 g/L (no proposed change)
  • Photovoltaic coatings were added to the CARB 2020 SCM
  • The VOC limit is expressed as VOC Actual in the CARB model rule. This means the VOC concentration must be determined using the formula found in subsection 12(2) of the current regulations.
  • The proposed limit is less stringent than current limit to allow for increased efficiency of solar modules by 3-4%.
Reactive penetrating sealer Coating that penetrates and chemically reacts with above-grade concrete and masonry substrates to provide a protective breathable hydrophobic seal that repels water and is resistant to waterborne contaminants such as salts, alkalis and acids. 350 350 350
  • These products are currently covered by the category #40 Waterproofing sealer for concrete or masonry, with a limit of 400 g/L (proposed to be eliminated) or by the category #41 Any other waterproofing sealer, with a limit of 250 g/L (proposed to be eliminated).
Stone consolidant Coating that penetrates into stone substrates to consolidate deteriorated material. 450 450 450
  • These products are currently covered by the category #40 Waterproofing sealer for concrete or masonry, with a limit of 400 g/L (proposed to be eliminated) or the default categories #51, 52 and #53, depending on the gloss level of the product.
Tile and stone sealer Coating used for sealing tile, stone or grout to provide resistance against water, alkalis, acids, ultraviolet light or staining.  N/A 100 100
  • These products are currently covered by the category #40 Waterproofing sealer for concrete or masonry, with a limit of 400 g/L (proposed to be eliminated).
  • New category in the 2019 CARB SCM.
Tub & tile refinish coating Coating used to refurbish tile and porcelain surfaces. Designed to provide a hard surface that can withstand abrasion and immersion in hot water. 420 420 420
  • These products are currently covered by the category #25 Any other industrial maintenance coating (currently at 340 g/L with a proposed limit of 250 g/L).
Waterproofing membrane Coating applied to concrete and masonry surfaces to provide a seamless waterproofing membrane that prevents any penetration of liquid water into the substrate. Coating intended for the following waterproofing applications: below-grade surfaces, between concrete slabs, inside tunnels, inside concrete planters, and under flooring materials. 250 100 100
  • These products are currently covered by the category #40 Waterproofing sealer for concrete or masonry, with a limit of 400 g/L (proposed to be eliminated) or by the category #41 Any other waterproofing sealer, with a limit of 250 g/L (proposed to be eliminated).
Wood coating Coating formulated for application to wood substrates only. 275 275 275
  • These products are currently covered by the following categories (proposed to be eliminated):
  • #28 Clear brushing lacquer: 680 g/L
  • #29 Any other lacquer, including lacquer sanding sealers: 550 g/L
  • #30 Any other sanding sealer: 350 g/L
  • #33 Any other varnish: 350 g/L
  • #41 Any other waterproofing sealer: 250 g/L
  • #48 Any other stain, including lacquer stains: 250 g/L
Zinc-rich primer Coating containing a specified minimal zinc content and is used to protect steel surfaces from corrosion. 340 340 340
  • These products are currently covered by the category #3 Metallic pigmented coating, with a limit of 500 g/L (no proposed change).
  • Stakeholders indicated that waterborne zinc-rich primer coatings are incompatible with the climate in Canada and that solvent-borne products can be formulated to meet 340 g/L.  

3.4 Changes to the exemption for containers with capacity of one litre or less

Subsection 2 (3) of the regulations provides an exemption from the limits set-out in the schedule for 10 categories of coatings in containers with a capacity of one litre or less (“small container exemption”). Products in these categories are still subject to labelling and record keeping requirements. The intent of this exemption was to provide small, niche coating manufacturers facing the highest one-time costs associated with the transition to low-VOC coatings with the ability to continue to compete in the marketplace.

3.4.1 Changes to the categories included in the small container exemption

In the objective of reducing emissions, and considering the increased availability of low-VOC technology since the VOC concentration limits were adopted in 2009, the department proposes to revise the list of categories exempted under subsection 2 (3) of the regulations.

To determine which exempted categories were no longer necessary, the department used two sets of data:

Collected data indicated that the categories #45 rust preventive coating and #47 exterior wood stain were in the top 10 categories (out of 52) with the largest volume supplied. In addition, only a small fraction of products reported for these two categories exceeded the applicable VOC concentration limit. This suggests that the exemption may no longer be necessary for these products, as compliant alternative formulations are available and they should no longer be considered as niche or specialty products. It is therefore proposed that these 2 categories no longer be exempted under subsection 2(3) of the regulations.

The changes described in sections 3.2 of this consultation document will also impact the categories subject to the small container exemption, as it is proposed that some categories no longer be listed in the schedule to the regulations. These categories would be removed from the small container exemption as a consequence. These categories are:

In conclusion, it is proposed that only the following categories remain in subsection 2 (3) of the regulations:

3.4.2 Changes to prohibit the bundling of small containers

It was brought to the department’s attention that products listed in subsection 2 (3) of the regulations were being sold in large, labelled, pails containing multiple individually packaged containers of 946 mL each, circumventing the intent of the exemption.

To prevent this from occurring, the OTC and CARB have added language to their model rules to prevent the bundling of small containers of the same coating category. The language specifies that the label or any other product literature cannot suggest combining small containers and the coating container must not be bundled together with other containers of the same specific coating category to be sold as a unit if such combination would exceed a liter.

Proposed amendment

It is proposed to add an anti-bundling provision to the regulatory text. This text would be based on what is found in the CARB and OTC model rules:

CARB 2020 SCM provisions:

“[…], this rule does not apply to any architectural coating that is sold in a container with a volume of one liter or less provided the following requirements are met:

OTC AIM Coatings Phase II Model Rule provisions:

“This rule does not apply to any architectural coating that is sold in a container with a volume of one liter or less, including kits containing containers of different colors, types or categories of coatings and two component products. This applicability exception does not include bundling of containers one liter or less, which are sold together as a unit, or any type of marketing which implies that multiple containers one liter or less be combined into one container. This exemption does not include packaging from which the coating cannot be applied. This exemption does include multiple containers of one liter or less that are packaged and shipped together with no intent or requirement to ultimately sell as one unit.”

4. Improving existing regulatory provisions

The Government of Canada is proposing a number of amendments to the current regulations, including changes aimed at improving its clarity, administration and enforceability.

4.1 Clarifications

The proposed amendments described below aim to clarify certain aspects of the regulations.

4.1.1 Definition of “architectural coating”

The regulations define “architectural coating” in subsection 1 (1) as “a product to be applied onto or impregnated into a substrate, for use on traffic surfaces such as streets and highways, curbs, berms, driveways, parking lots, sidewalks and airport runways, or stationary structures, including temporary buildings and their appurtenances, whether installed or detached.” This definition was based on the definition found in the OTC Model Rule 2001- Architectural & Industrial Maintenance (AIM) Coatings Phase I, which was the same as the one used by CARB for their 2000 SCM for Architectural Coatings.

Since the regulations were published in 2009, the department has received inquiries from stakeholders requesting clarification of the architectural coating definition. The term “appurtenance” found in the definition is not defined. It is therefore unclear what it includes. For example, because appurtenances can be installed or detached, it is unclear whether furniture are covered. Another issue with the term is that some interpret it to be associated only with temporary buildings, while it should also be associated with stationary structures.

The OTC and CARB model rules have the same definition for appurtenance:

“Any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain gutters and downspouts; stairways, fixed ladders, catwalks, and fire escapes; and window screens.”

Proposed amendment

It is proposed that the regulations include a definition of the term “appurtenance”. It is also proposed to modify the definition of “architectural coating” to clarify that appurtenances of stationary structures and temporary buildings are covered.

4.1.2 Definition of “excluded compounds”

Currently, the regulations define “excluded compounds” in subsection 1 (1) “as compounds that are excluded under item 65 of Schedule 1 of the Canadian Environmental Protection Act, 1999 and includes acetic acid, 1,1–dimethylethyl ester (C6H1202)”.

When the regulations were published in 2009, the substance acetic acid, 1,1–dimethylethyl ester (C6H1202), also known as t-butyl acetate, was not included in the list of excluded VOCs. It was added to the list of excluded VOCs in June 2016 by the Order amending Schedule 1 to the Canadian Environmental Protection Act.

Proposed amendment

It is proposed that the definition of excluded compounds no longer specifies the inclusion of acetic acid, 1,1–dimethylethyl ester (C6H1202).

4.1.3 Laboratory versus field testing for traffic markings

Article 2 (1) (c) exempts from coverage of these regulations coatings that are manufactured, imported, offered for sale or sold to be used as a laboratory sample or analytical standard. The intent of the regulations is to enable businesses to perform product development and product testing activities.

Traffic markings products may need to be tested on the roadway, instead of in a laboratory, to measure their durability and performance in real-life exposure setting.

Proposed amendment

It is proposed that the exemption in article 2 (1) (c) clarifies that laboratory samples include traffic markings that will be tested on roadways.

4.1.4 Exclusion of cutback and emulsified asphalt used to seal roadways

The regulations provide exemptions for various types of coatings expected to be addressed by other control instruments. A list of such exemptions is found in subsection 2 (2) of the regulations.

The department has received enquiries about whether the regulations apply to cutback and emulsified asphalt used to seal roadways. These asphalt products could be interpreted to meet the definition of architectural coatings, which include products to be applied onto or impregnated into a substrate, for use on traffic surfaces such as streets and highways, curbs, berms, driveways, parking lots, sidewalks and airport runways. As these products are subject to the Code of Practice for the Reduction of Volatile Organic Compound (VOC) Emissions from Cutback and Emulsified Asphalt, published in 2017, it is not the intention that they be covered by the regulations.

Proposed amendment

It is proposed that cutback and emulsified asphalt be added to the list of coatings for which the regulations do not apply that is found in subsection 2 (2).

4.1.5 Laboratory accreditation

Section 16 on accredited laboratory stipulates that “Any laboratory that performs an analysis for the purposes of these Regulations must be accredited under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories and its accreditation must include the analysis in question within its scope of testing.”

The department has identified the need for a number of changes to the regulatory text of several regulations made under the Canadian Environmental Protection Act, 1999. The analysis was undertaken in response to issues raised by the Standing Joint Committee for the Scrutiny of Regulations and the Standards Council of Canada with respect to the wording of laboratory accreditation requirements in a number of regulations. The analysis conducted by the department concluded with a recommendation to use standardized regulatory text to provide clarity and establish consistency in the laboratory accreditation provisions across multiple regulations. In response to this recommendation, the department published the Regulations Amending Certain Regulations Made Under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 on March 18, 2021.

Proposed amendment

The department is proposing that section 16 on accredited laboratory be amended to reflect the wording used in the Regulations Amending Certain Regulations Made Under Subsection 93(1) of the Canadian Environmental Protection Act, 1999, which is:

“Any analysis performed to determine the concentration of […] for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:

  1. (a) it is accredited
    1. (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or
    2. (ii) under the Environment Quality Act, CQLR, c. Q-2; and
  2. (b) the scope of its accreditation includes the analysis performed to determine the concentration of […].”

4.1.6 Test methods

During the consultations that were held prior to the publication of the regulations in 2009, stakeholders indicated that they did not want the regulations to prescribe which test method manufacturers and importers should use to ensure their products are in compliance. As such, only two tests methods were included, and are used in the determination of parameters that do not have generally accepted units or scales.

There are however four parameters that need to be evaluated in order to establish VOC content of a product:

  1. product volatility
  2. product inorganic volatile content (mainly water but also inorganic acids and ammonia if present)
  3. content of excluded VOCs
  4. product density

Each of these four parameters are covered by internationally recognized standard test methods available from ASTM International, the U.S. Environmental Protection Agency and the European Union methods inventory. These methods are described in the guidance document entitled Analytical methods for determining VOC concentration and other parameters for the VOC regulations that was published by the department as a companion document to the regulations.

Since publication of the final regulations, some stakeholders indicated that because there are no specified standards or reference methods included in the regulatory text, it is challenging to find an accredited laboratory to test for VOCs in consumer and commercial products and to ascertain compliance with the regulations. Furthermore, some smaller companies subject to the regulations indicated that they do not have the technical resources required to determine how to carry out or mandate these tests. It is not clear if these stakeholders were aware of the existence of the guidance document.

Input required from stakeholders

The department would be interested to find out if the information provided in the guidance document is sufficient to meet industry’s needs, or if it is necessary to include specific test methods within the regulations themselves and/or additional guidance on how to access accredited laboratories to perform these tests.

4.2 Administration

The proposed amendments described below aim to improve the regulations’ administration.

4.2.1 Permit provisions for users of traffic marking products

The regulations include provisions for the allowance of temporary permits, to provide flexibility to manufacturers and importers facing unforeseen technological or economic barriers to reformulation.

Subsection 9 (1) of the regulations stipulates that: “Any person that manufactures or imports an architectural coating set out in column 1 of the schedule, other than an architectural coating referred to in article 3(1)(a), or the components of an architectural coating that must be combined together before their use in which the VOC concentration exceeds the limit set out in column 2 of the schedule, must hold a permit issued under section 10.”

Permits are only available to persons that manufacture or import coatings, and enable the permit holders to exceed the concentration limits set out in the schedule of the regulations. Traffic marking users have additional requirements imposed on them, and these requirements are not included in the schedule, but rather in section 4 of the regulations. There is no means by which the department can waive the regulatory requirements for users of traffic marking coatings, such as provinces, municipalities or road maintenance service providers.

Proposed amendment and input requested from stakeholders

It is proposed that the regulatory text found in section 9 of the regulations be amended to include users of traffic marking products, and cover the limits set out is section 4 of the regulations. Specific criteria for these permits would have to be proposed under section 10. The department would be interested to receive information relevant to the determination of these criteria.

4.2.2 Renewal of permit

Subsection 10 (3) of the regulations (expiry and permit renewal) stipulates that: “A permit expires 24 months after the day on which it is issued unless, within the period of 30 days before the day on which the permit expires, the applicant submits a new application in accordance with section 9. The validity of the first permit may only be extended once for an additional 24 months for a given architectural coating and the same use“.

Item #1
The department currently has 30 days to review an application for the renewal of a permit and extend the permit. This timeframe does not provide the department with sufficient time to carefully review the application and request additional information from applicants, as required. This could potentially lead to the interruption of a permit, as it could expire before being renewed.
Proposed amendment #1
It is proposed that the 30 days in the text “within the period of 30 days before the day on which the permit expires” be changed to 90 days.
Item #2
The regulations stipulate that a permit may only be extended once for an additional 24 months for a given architectural coating and the same use. The intent of this is that only one permit be issued for a specific product and specific use. This permit can be renewed only once. The regulations do not specify that a manufacturer or importer cannot submit a new permit application for that same architectural coating and use.
Proposed amendment #2:
It is proposed that the regulatory text be modified to clarify that a new permit application cannot be submitted in lieu of a permit renewal application.

4.3 Enforcement

The proposed amendments described below aim to improve the regulations’ enforceability.

4.3.1 Use of traffic markings

Section 4 of the regulations imposes an annual seasonal prohibition, over the period of May 1 to October 15 inclusive, on the use of traffic marking coatings containing more than 150 g/L of VOCs. These specific seasonal requirements were developed in response to concerns expressed by stakeholders regarding the performance and cost of low-VOC traffic marking coatings for cold weather application.

Inspections for the use of traffic markings need to occur at the time of application, as opposed to other types of coatings that do not have prohibitions on their use. Truly assessing compliance of traffic marking users is challenging as painters move quickly, making it difficult for inspections to occur without an appointment or at a time that is convenient for the user.

It is assumed that traffic marking companies maintain records on the application of these products. Currently, according to section 19 of the regulations, traffic marking companies have no legal requirements to maintain records on the use of traffic marking paint.

Proposed amendments

To help enforce the prohibition on the use of high-VOC traffic marking coatings, the proposed amendments would include additional record keeping requirements for traffic marking coatings users. Records would include the name of the product used, its VOC content, quantity purchased, quantity used and the date it was applied.

5. Implementation timeline

The proposed amendments to the regulations will include an implementation timeline that will consider the Government’s goal of obtaining timely emission reductions and the industry’s need for a transition period for any of the new or modified categories and limits. Therefore, it is proposed that prohibitions applicable to manufacture and import of architectural coatings in excess of the applicable VOC concentration limits take effect one year after the coming into force date of the amended regulations for most coating categories. However, the Government could consider that some limits could take effect after longer delays, according to the readiness of different coating reformulations and the conversion rate of professional applicators. The department will also consider a number of flexibility mechanisms, including sell-through periods.

The Government of Canada is seeking stakeholders input on reasons that could justify the need for an extended implementation period.

6. Anticipated outcomes

According to the Cheminfo 2020 study, it is estimated that adopting CARB’s 2019 SCM VOC concentration limits would yield further reductions of about 7 kt per year. The study estimated that the cost of this measure to industry would be in the range of -$590 to $2,544 per ton of VOC reduced. Alternatively, adopting the OTC AIM Coatings Phase II Model Rule VOC concentration limits would yield reductions of about 4.4 kt per year, with preliminary analysis of costs in the range of $698 to $3,997 per ton of VOC reduced.

7. Regulatory review

In addition to comments on these potential regulatory changes, stakeholders are invited to provide comments on other aspects of the regulations, with a view to improve the effectiveness of the regulations in achieving their stated objectives. This input would serve to fulfill the external consultation requirements of the regulatory review process described in section 2.2.

This could be done, for example, by answering the following questions:

Any other comments related to ways to further improve and modernize the regulations are welcomed.

It is expected that the outcome of the review and a brief summary of feedback will be published as part of the ECCC’s regular online updates on the regulatory stock review plan once the review is completed.

8. Submission of comments

Stakeholders are invited to provide comments by email, before January 13, 2023. The Department encourages you to submit your feedback through the comment form sent along with the consultation notification email, and that can also be obtained by contacting Produits-Products@ec.gc.ca.

The Government of Canada is seeking stakeholders’ views and comments on the issues and potential regulatory changes described above to inform the amendment process.

Comments on the technical or economical feasibility of the proposed changes should be accompanied with evidence demonstrating these claims.

All input will be considered in drafting proposed amendments. The proposed amendments would be published in the Canada Gazette, Part I for an official public comment period.

Please send your comments on this discussion document to the following address.

Email: Produits-Products@ec.gc.ca.

Please put “Consultation - Potential Amendments to the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations” in the subject line of your message.

The Government of Canada welcomes the further distribution of this document.

9. Appendices

Appendix A: Description of the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

The Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations set mandatory VOC concentration limits for 53 categories of architectural coatings identified in the schedule to the regulations. They apply to manufacturers, importers and sellers of architectural coatings, and to users of traffic marking coatings.

Exemptions are provided for:

Prohibitions

The regulations prohibit the manufacture, sale or offer for sale or import of architectural coatings with concentrations of VOCs in excess of the category-specific limits set out in column 2 of the schedule, with exemptions provided in sections 3 and 5. The VOC content limits apply at the time of application of the coating (e.g., after any thinning of the coating has been accomplished). The VOC content limits in the regulation are calculated on a "less water and exempt compounds" basis.

The traffic marking coating category is subject to a seasonal use prohibition during the period of May 1 to October 15. During this period, when the risk of ground-level ozone is higher due to the weather conditions, a person must not use traffic marking coating in which the VOC concentration exceeds 150 g/L. For the remainder of the year, traffic marking coatings have a VOC concentration limit of 450 g/L for use, manufacture, import, sale and offer for sale. These specific requirements were developed in response to concerns expressed by traffic marking stakeholders regarding the performance and cost of low-VOC traffic marking coatings for cold weather application.

A “most-restrictive-limit provision” is included in section 8 of the regulations to ensure that coatings with multiple uses meet the most restrictive of the applicable VOC concentration limits.

Permits

A permit can be issued for the manufacture and import of an architectural coating product, when evidence is provided that the reduction in VOC concentration required for compliance is not technologically or economically feasible. Issuance of the permit is conditional on acceptance by the Minister of a compliance plan prepared by the firm, demonstrating what steps are to be taken in order to meet, within a period of four years, the prescribed limit for that coating. Section 10 of the regulations sets out the conditions under which a permit can be issued, and section 11 sets out the conditions under which it can be revoked.

Test methods, labelling and record keeping

The regulations include test methods, labelling and record keeping provisions, to facilitate the implementation and enforcement of the regulations.

The regulations do not prescribe which test method to use in the determination of VOC content. However, they incorporate by reference two test methods that are used in the determination of parameters that do not have generally accepted units or scales. These parameters are the drying times of quick-dry enamel, and the surface chalkiness of specialty primer, sealer or undercoater.

Section 17 of the regulations includes labelling requirements for all architectural coatings. Certain category-specific labelling requirements are included for proper identification of the coating category, to ensure correct representation of the coatings and allow sampling and testing to confirm compliance.

The labelling of the VOC concentration is voluntary. However, if a company indicates the VOC concentration on the container (Section 18), then the displayed VOC concentration must be calculated in accordance with section 12 of the regulations.

Record keeping provisions, found in section 19 require that the identified records of manufacture, import and sale, to a supplier, wholesaler or retailer of architectural coatings for use in Canada, be maintained in Canada.

The department published a guidance document discussing the analytical methods for determination of VOC concentration and other parameters for the regulations. This guidance document was developed to inform the regulated community of the analytical methods that will be used by the department to verify regulatory compliance on the above-mentioned regulations.

Appendix B: VOC background & context

VOCs are organic compounds containing one or more carbon atoms that evaporate readily into the atmosphere. The more reactive VOCs combine with nitrogen oxides (NOx) in photochemical reactions in the atmosphere to form ground-level ozone (O3), a major component of smog. VOCs are also a precursor pollutant to the secondary formation of fine particulate matter (PM2.5). Both O3 and PM2.5 are known to have harmful effects on human health and the environment, and are regarded by Health Canada as substances without a threshold for effects at the population level.

In 2019, approximately 1.7 Mt of VOCs were released in Canada. The Oil and Gas Industry was the largest contributor at 39% (659 kt) of total emissions. Paints and Solvents were the next-largest contributor, accounting for 18% (303 kt) of emissions (see Figure 2).

Long Description

This pie chart shows the contribution of the paints and solvents sector from total VOC emissions released in Canada in 2019. The contribution of the sector is 18%.
Other contributions, by sector, are:

  • oil and gas industry: 39%
  • transportation and mobile equipment: 17%
  • commercial/residential/institutional: 10%
  • agriculture: 7%
  • manufacturing: 6%
  • other (ore and mineral industries, electric power generation, incineration and waste, fires): 2%

Within the Paints and Solvents category, VOC emissions from the Surface Coatings were 66 ktFootnote 15 . The Surface Coatings category is a broad range of applications and industries, including individuals and companies engaged in use of paints and coatings, and is broader than what is covered by the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations.

Coatings covered by the regulations include paints, stains and varnishes that are applied to a wide variety of stationary structures in residential, commercial, institutional and industrial settings. Emissions occur when the solvents contained in these products evaporate, following product application onto a surface. Due to the field application of these coatings, it is not feasible to control VOC emission at the point of use. The best option to reduce VOC emissions is to reformulate products to contain lower levels of VOCs.

Since 2000, the Government of Canada has put in place various measures to reduce VOC emissions from consumer and commercial products. In 2004, to manage VOC emissions from non-industrial solvents, the Ministers of Environment and Health published a Notice of Intent entitled Federal Agenda on the Reduction of Emissions of Volatile Organic Compounds from Consumer and Commercial Products (PDF) in the Canada Gazette, Part I. The 2004 Federal Agenda outlined the Government of Canada’s plan for 2004 to 2010 to develop regulations under CEPA 1999 to reduce VOC emissions from specific consumer and commercial products. Coatings were addressed in 2009 by publishing the:

To continue in its efforts to protect Canadians from the effects of air pollution, the Government of Canada published a renewed Federal Agenda on the Reduction of Emissions of Volatile Organic Compounds (VOC) from Consumer and Commercial Products. The actions identified in this new agenda will further reduce VOC emissions from consumer and commercial products and will be implemented over the 2022 to 2030 period. The architectural coatings sector is targeted by the renewed agenda, among other sectors and products.

Appendix C: Background information on U.S. measures to limit VOC emissions from architectural coatings

The United States (U.S.) have a long history of regulating architectural coatings.

California

In California, control of emissions from architectural coatings is primarily the role of the local air pollution control districts and air quality management districts, who adopt and enforce their own rules. Suggested control measures (SCMs) are developed by the California Air Resources Board (CARB) in conjunction with the districts, and serve as model rules for use by the districts. CARB approved an SCM for architectural coatings in 1977 and updated it regularly, with the latest updates occurring in 2019 and 2020. In 2019, the VOC limits of nine existing coating categories (PDF) were lowered to align with the limits in the SCAQMD Rule 1113 (discussed below). VOC limits were set for new coating categories, and VOC limits were established for colorants. Updates were made to several test methods to reflect the latest versions. An anti-bundling provision was added to prevent the bundling of exempt small containers. The SCM (PDF) was updated again in 2020 to add a new category for photovoltaic coatings.

California’s South Coast Air Quality Management District (SCAQMD) (PDF) adopted Rule 1113 in September 1977 to regulate VOC emissions from the application of architectural and industrial maintenance (AIM) coatings. Since its adoption, the rule has been amended numerous times to incorporate more stringent VOC limits as lower-VOC coatings have become available. In a 2011 amendment, the SCAQMD added colorants to the rule. The latest amendment in February 2016 included further reductions in the allowed VOC content of several coating categories, the removal of the small container exemption for some categories, and the addition of test methods to better address the determination of VOC content of low VOC coatings. It includes the most stringent VOC concentration limits of all U.S. jurisdictions.

U.S. Environmental Protection Agency

The U.S. Environmental Protection Agency (EPA) promulgated the National Volatile Organic Compounds Emission Standards for Architectural Coatings in 1998. This rule limits the amount of VOC that manufacturers and importers of AIM coatings can put into their products. The Rule was amended in 2000 with no changes made to the VOC content limits. The National Rule contains additional categories that were not created in either the SCAQMD or CARB measures and, in general, VOC content limits are less stringent than these measures.

State and Territorial Air Pollution Program Administrators and Association of Local Air Pollution Officials

The State and Territorial Air Pollution Program Administrators (STAPPA) and the Association of Local Air Pollution Officials (ALAPCO) are the national associations representing state and local air quality officials in the states and territories and over 165 major metropolitan areas throughout the U.S. In 2000, STAPPA/ALAPCO issued an AIM Coatings Model Rule that was identical to CARB’s 2000 SCM.

Ozone Transport Commission

The Ozone Transport Commission (OTC), which represents U.S. northeastern states, adopted the STAPPA/ALAPCO model rule as its model rule in 2001 with some modifications. The OTC updated its model rule in 2011 (effective January 1, 2014) based on the CARB 2007 SCM for Architectural Coatings (PDF) with some modifications.

Table 5 summarizes the VOC content limits found in the OTC Model Rule 2010-11 - AIM Coatings Phase II and the CARB 2020 SCM(PDF).

Table 5: comparison of OTC and CARB VOC content limits
Categories CARB 2020 SCM limits
(g/L)		 OTC AIM Phase II limits
(g/L)
Flat Coatings 50 50
Nonflat Coatings 50 100
Nonflat - High Gloss N/A 150
Aluminum Roof Coatings 100 450
Basement Specialty Coatings 400 400
Bituminous Roof Coatings 50 270
Bituminous Roof Primers 350 350
Bond Breakers 350 350
Building Envelope Coatings 50 N/A
Calcimine Recoaters N/A 475
Concrete Curing Compounds 350 350
Concrete/Masonry Sealers 100 100
Concrete Surface Retarders N/A 780
Conjugated Oil Varnishes N/A 450
Conversion Varnish N/A 725
Driveway Sealers 50 50
Dry Fog Coatings 50 150
Faux Finishing Coatings 350 350
Fire Resistive Coatings 150 350
Floor Coatings 50 100
Form-Release Compounds 100 250
Graphic Arts Coatings 500 500
High Temperature Coatings 420 420
Impacted Immersion Coatings N/A 780
Industrial Maintenance Coatings 250 250
Low Solids Coatings 120* 120*
Magnesite Cement Coatings 450 450
Mastic Texture Coatings 100 100
Metallic Pigmented Coatings 500 500
Multi-colour Coatings 250 250
Nuclear Coatings N/A 450
Photovoltaic Coatings 600* N/A
Pre-Treatment Wash Primers 420 420
Primers, Sealers and Undercoaters 100 100
Reactive Penetrating Carbonate Stone Sealer N/A 500
Reactive Penetrating Sealers 350 350
Recycled Coatings 250 250
Roof Coatings 50 250
Rust Preventive Coatings 250 250
Shellacs - Clear 730 730
Shellacs - Opaque 550 550
Specialty Primers, Sealers, and Undercoaters 100 100
Stains N/A 250
Stains - Exterior-dual 100 N/A
Stains - Interior 250 N/A
Stone consolidants 450 450
Swimming Pool Coatings 340 340
Thermoplastic Rubber Coatings and Mastics N/A 550
Tile and Stone Sealers 100 N/A
Traffic Marking Coatings 100 100
Tub and Tile Refinish Coatings 420 420
Waterproofing Membranes 100 250
Wood Coatings 275 275
Wood preservatives 350 350
Zinc-Rich Primers 340 340
Colorants Various N/A

* VOC limit is expressed as VOC Actual.

The following are key differences that exist between the Canadian Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations and the U.S. AIM VOC instruments described above:

Appendix D: Summary of proposed changes to the architectural coating categories and VOC concentration limits

The table below summarizes the changes proposed in this document that relate to the categorization of architectural coatings and the VOC concentration limits.

Table 5: summary of proposed changes to the architectural coating categories and VOC concentration limits
Current Category # Category description Current limit (g/L) Proposed limit (g/L) Impact on limit
1 Antenna coating 530 N/A Remove
2 Thermoplastic rubber coating and mastic 550 550 No change
3 Metallic pigmented coating 500 500 No change
4 Bituminous roof primer 350 350 No change
5 Any other bituminous roof coating 300 270 Reduce
6 Non-bituminous roof coating 250 50 Reduce
7 Calcimine recoater 475 475 No change
8 Bond breaker 350 350 No change
9 Concrete curing compound 350 350 No change
10 Concrete surface retarder 780 N/A Remove
11 Form release compound 250 100 Reduce
12 Dry fog coating 400 50 Reduce
13 Extreme high durability coating 800 N/A Remove
14 Faux finish 350 350 No change
15 Fire resistant coating 350 150 Reduce
16 Fire retardant coating, clear 650 N/A Remove
17 Fire retardant coating, opaque 350 N/A Remove
18 Floor enamel 250 100 Reduce
19 Any other opaque floor coating 250 50 Reduce
20 Flow coating 650 N/A Remove
21 Graphic arts coating 500 500 No change
22 Temperature-indicator safety coating 500 N/A Remove
23 Any other high-temperature coating 420 420 No change
24 Impacted immersion coating 780 N/A Remove
25 Any other industrial maintenance coating 340 250 Reduce
26 Shellac, clear 730 730 No change
27 Shellac, opaque 550 550 No change
28 Clear brushing lacquer 680 N/A Remove
29 Any other lacquer, including lacquer sanding sealers 550 N/A Remove
30 Any other sanding sealer 350 N/A Remove
31 Conversion varnish 725 500 Reduce
32 Conjugated oil varnish 450 350 Reduce
33 Any other varnish 350 N/A Remove
34 Low solids coating 120 120 No change
35 Mastic texture coating 300 100 Reduce
36 Multi-coloured coating 250 250 No change
37 Nuclear coating 450 N/A Remove
38 Pre-treatment wash primer 420 420 No change
39 Specialty primer, sealer or undercoater 350 100 Reduce
40 Waterproofing sealer for concrete or masonry 400 N/A Remove
41 Any other waterproofing sealer 250 N/A Remove
42 Any other primer, sealer or undercoater 200 100 Reduce
43 Quick-dry enamel 250 N/A Remove
44 Recycled coating 350 250 Reduce
45 Rust preventive coating 400 250 Reduce
46 Interior wiping stain 250 250 No change
47 Exterior wood stain 250 100 Reduce
48 Any other stain 250 N/A Remove
49 Swimming pool coating 340 340 No change
50 Traffic marking coating 450 450 No change
51 Any flat coating 100 50 Reduce
52 Any non-flat coating 150 50 Reduce
53 Any high-gloss coating 250 N/A Remove
New Aluminum roof coating N/A 100 Add
New Basement specialty coating N/A 400 Add
New Building envelope coating N/A 50 Add
New Concrete/ masonry sealer N/A 100 Add
New Driveway sealer N/A 50 Add
New Magnesite cement coating N/A 450 Add
New Photovoltaic coating N/A 600 Add
New Reactive penetrating sealer N/A 350 Add
New Stone consolidant N/A 450 Add
New Tile and stone sealer N/A 100 Add
New Tub & tile refinish coating N/A 420 Add
New Waterproofing membrane N/A 100 Add
New Wood coating N/A 275 Add
New Zinc-rich primer N/A 340 Add

Footnotes

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