Article 2/2 on VOC regulations

On January 1st, 2023, the Volatile Organic Compound Concentration Limits for Certain Products Regulations will come into force. In this new regulation, approximately 130 categories of consumer products have been assigned a VOC concentration limit. These categories include several personal care products such as antiperspirants, hair products and scented products. It also includes automotive and household maintenance products, and adhesives.

However, the VOC concentration limits, and maximum emission potentials will come into force on January 1st, 2024 for all categories except for disinfectants which will be given an additional year before entering into force on January 1st, 2025.

If a company cannot meet the concentration and emission potential requirements, the regulation provides three alternative compliance options. Companies will be able to use the year 2023 to take the necessary steps to benefit from one of these options.

The options available to businesses are:

• A two-year temporary permit with evidence of technical or economic non-feasibility to meet the requirements for their product. The applicant will also be required to provide a plan identifying measures to ensure compliance with the limits once the permit expires.
• A permit renewable every 4 years for products whose use results in lower VOC emissions. This permit is designed for innovative products.  Specifically, this permit applies to products with a maximum VOC concentration above the limit, but the use of which, in accordance with the manufacturer's written instructions, results in lower VOC emissions than would result from the use of a compliant product in the same category. The applicant will be required to provide evidence for the obtention and renewal of the permit.
• A VOC compliance unit trading system. Companies will need to obtain a permit for their products exceeding the regulatory limit. They will have to submit a plan to compensate for the excess VOCs. Offsetting can be done either by creating compliance units from other compliant products or by exchanging units with another company. Companies wishing to use this option will be able to take advantage of 2023 to apply for permits, submit notices of intent to create compliance units and create them.

For more information, please consult the Regulatory Fact Sheet.

Important dates to remember:

January 1st, 2023:

• Coming into force of the Volatile Organic Compound Concentration Limits for Certain Products Regulations
• Choice of compliance option and permit applications if applicable

January 1st, 2024:

• Coming into force of VOC limits for all categories listed in Schedules except for disinfectants

January 1st, 2025:

• VOC limits for disinfectants comes into force

If you need help calculating and identifying the VOCs / low vapor pressure VOCs of your products, do not hesitate to contact the Kalium team at 450 906-6999.