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Code of Practice for the Reduction of VOC Emissions from the Use of Cutback and Emulsified Asphalt

2 Context

Smog is an air quality issue that poses serious health and environmental concerns in Canada. Particulate matter (PM) and ground-level ozone are the two principal components that comprise smog. PM and ozone can be transported by prevailing winds over long distances, making them not only a local urban issue but one that extends regionally in Canada into many smaller communities and rural areas.Footnote3

Ozone is formed by complex reactions between the precursor emissions, i.e. nitrogen oxides (NOx) and VOCs, in the presence of sunlight. PM is released directly into the air by industrial activit,y and it is also formed in the atmosphere via complex chemical reactions involving the emissions of smog precursors, including sulphur dioxide (SO2), NOx, VOC and ammonia (NH3). In order to reduce smog levels and improve air quality, it is necessary to control and reduce the direct PM and the precursor emissions of SO2, NOx, VOC and NH3.

On July 2, 2003, an OrderFootnote4 added ozone and PM precursors to Schedule 1 (List of Toxic Substances) of the Canadian Environmental Protection Act, 1999 (CEPA 1999). Along with gaseous ammonia, nitric oxide, nitrogen dioxide and sulphur dioxide, VOCs were added to Schedule 1 due to their role as precursors in the formation of ground-level ozone and particulate matter. The addition of the precursors enables the Government of Canada to regulate, under CEPA 1999, VOC emissions contributing to PM and ozone.

In March 2004, the Ministers of the Environment and of Health published the Federal Agenda for the Reduction of Emissions of Volatile Organic Compounds (VOC) from Consumer and Commercial Products.Footnote5 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.

In June 2010, Environment Canada published a document entitled Renewal of the Federal Agenda on the Reduction of Volatile Organic Compound (VOC) Emissions from Consumer and Commercial Products: A Discussion Paper for the 2010 to 2020 Period.Footnote6 The discussion paper outlines a number of possible initiatives for the Government of Canada to take in order to reduce VOC emissions from consumer and commercial products during the 2010 to 2020 period. The “Emulsified and Cutback Asphalt” category has been identified as one of the possible areas for the development of reduction measures by the Government of Canada.

In March 2012, Environment Canada held a consultation on possible control instruments with representatives from the asphalt sector, non-governmental organizations and Health Canada. Based on feedback received from stakeholders and on its own analysis, Environment Canada decided that the best control instrument to reduce VOC emissions from the use of asphalt would be a Code of Practice. A Code of Practice will encourage reduction of VOC emissions while allowing for flexibility among industry in terms of application of select practices that reduce VOC emissions.

Information gathered from industry stakeholders at the 2012 consultation and information collected through Environment Canada’s own research has indicated that adherence to the recommendations in the Code of Practice will not result in significant additional costs to the industry and will not compromise the safety or the technical quality of paving projects. The practices recommended in the Code primarily involve changes to timing of application (i.e. seasonal) and administrative changes (i.e. labelling/guidelines for end users). Any recommendations in the Code to consider alternative products refer to alternative products that have already been proven in other markets in terms of quality.

CEPA 1999 provides the Minister of the Environment with the authority to issue codes of practice respecting pollution prevention or specifying procedures, practices or release limits for environmental control relating to works, undertakings and activities during any phase of their development and operation, including the location, design, construction, start-up, closure, dismantling and clean-up phases and any subsequent monitoring activities. A code of practice identifies recommended standards and operating practices, but compliance with these desirable practices remains voluntary.

This Code of Practice for the Reduction of Volatile Organic Compounds Emissions from the Use of Cutback and Emulsified Asphalt (Code) includes:

  • VOC concentration limits for cutback and emulsified asphalt, with specific restrictions during the ozone season (May to September);
  • Labelling measures for manufacturers;
  • Provisions to guide procurement practices for paving projects proponents; and
  • Application guidelines for paving companies.

Record-keeping recommendations are also included in the Code. Information gathered from annual reporting will play an essential role in evaluating the progress achieved through this Code.

Footnotes

Footnote 3

Government of Canada Five-year Progress Report: Canada-wide Standards for Particulate Matter and Ozone. January 2007. (Accessed March 2013, http://www.ec.gc.ca/Publications/default.asp?lang=En&xml=31B2381E-56BF-44CC-8D65-BF6FDB7125AD).

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Footnote 4

Canada Gazette, Part II website (document available in PDF format, 2012 Kb, page 64, accessed March 2013).

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Footnote 5

Environment Canada VOCs website (accessed March 2013).

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Footnote 6

Environment Canada VOCs website (accessed March 2013).

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