American Coatings Association

Environment Canada and Health Canada on Dec. 21 designated four more substances as toxic, subjecting the chemicals to regulation or other controls in the coming years. The departments said that no later than May 28, 2013 they will finalize regulations or other control instruments for benzyl chloride, a chemical intermediate used in the manufacture of other substances. Controls also will be finalized by Sept. 6, 2013, for Michler's ketone, a chemical intermediate used in the synthesis of a variety of dyes and pigments; butanone oxime, an anti-skinning agent used in the formulation of alkyd paints and varnishes; and n-butyl glycidyl ether, which is used as a reactive diluting agent for epoxy resins and a chemical intermediate.

The final orders, published in the Dec. 21 Canada Gazette, Part II, stem from Canada's Challenge to Industry chemical assessment program, which organized roughly 200 substances into 12 batches for assessment of their risks to human health.

Under the Canadian Environmental Protection Act (CEPA), as renewed in 1999, the federal Departments of Health and Environment are required to sort through all substances listed on the national inventory and decide which substances need a risk assessment. The major concern for the paint industry in Canada and with its trading partners — specifically the U.S. industry — is to determine if any chemicals in each batch are critical to coatings formulations and, if so, what information sources can be provided to properly characterize risk and exposure to enable that use to continue in Canadian products.

ACA has worked closely with the Canadian Paint and Coatings Association (CPCA) to ensure comprehensive industry input on the emerging proposals, with ACA’s Product Stewardship Committee submitting comments on select substances of each batch, covering 28 of the 180 substances. To date, chemicals that have been subject to final action have not resulted in overly restrictive declarations, and industry advocacy efforts have largely provided the constructive rationale to maintain current uses.

In separate actions earlier in December, the departments proposed that quinoline and hexabromocyclododecane be designated as toxic.

Michler's ketone, butanone oxime, and n-butyl glycidyl ether were the only ones designated as toxic among the 14 substances in Batch 7 of the Challenge to Industry program.

The proposed risk management approach for Michler's ketone called for adding the substance to Health Canada's Cosmetics Ingredient Hotlist and covering it under CEPA's Significant New Activity Notice provisions.

For butanone oxime, regulations should be put in place to restrict concentrations in indoor alkyd paints sold to consumers, and the chemical should be covered under the Environmental Emergency Regulations, the departments said.

N-butyl glycidyl ether is used mainly in epoxy resin formulations used as coatings, adhesives, binders, sealants, fillers, and resins. The departments proposed adding n-butyl glycidyl ether under CEPA's Significant New Activity Notice provisions.

Separately, the two departments on Dec. 17 published a draft order that would designate the coal-related compound quinoline as toxic and require industrial users of the substance to notify them of any significant new uses.

Adding quinoline to CEPA's Schedule I would permit the development of regulatory controls to manage the substance's environmental and health risks, the departments said in the draft order, published in the Canada Gazette, Part I. The departments Nov. 19 had published a final decision confirming their recommendation to designate quinoline as toxic, along with a draft risk management approach that called only for application of CEPA's Significant New Activity provisions to quinoline.

Quinoline, naturally present in coal and coal-derived compounds, is also a component in coal tar-based products such as driveway sealants and lumber and wood preservatives and is used as a component in fragrance mixtures. The draft order is open to public comment through Feb. 15.

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