Proposed Regulatory Updates July – August 2018

Jonathan Brun

United States


Exemptions and clarifications proposed for provisions relating to cranes and derricks

The Occupational Health and Safety Administration is proposing exemptions and clarifications in relation to cranes and derricks (other than for bridge construction uses) that would:

  • Completely exempt one type of railroad “roadway maintenance machine” from the crane standard;
  • Create limited exemptions for other equipment used by railroads for track-related construction activities;
  • Exempt railroad equipment operators from the certification requirements in the standard;
  • Include several provisions relating to safety devices, work-area controls, out-of-level work, dragging loads sideways, equipment modifications, and manufacturer requirements.

Comments must be submitted no later than September 17, 2018. More information is available here.

Certain locomotives may no longer have to display proof of compliance with noise emission standards

The Department of Transportation is proposing to remove the requirement that certain locomotives display a badge or tag to demonstrate the railroad has certified the locomotives comply with noise emission standards.

Written comments must be received by September 14, 2018. More information is available here.

Opportunity available for more input into to rescind and redefine definition of “waters of the United States”

The Environmental Protection Agency and the Department of the Army are proposing to clarify, supplement and give interested parties an opportunity to comment on certain important considerations and reasons for the original proposal to repeal the 2015 definition of “waters of the United States,” a term that sets the scope of the water bodies that are protected under Water Pollution Prevention and Control.

Comments must be received on or before August 13, 2018. More information is available here.

Change proposed to compliance date for emission standards related to maintenance vents

The Environmental Protection Agency is proposing to amend the the compliance dates for maintenance vent standards that apply during periods of startup, shutdown, maintenance, or inspection to January 30, 2019 under the National Emission Standards for Hazardous Air Pollutants (NESHAP) Refinery MACT 1.

Comments must be received on or before August 9, 2018. More information is available here.

Biodiesel content standards proposed for 2019 and 2020

The Environmental Protection Agency is proposing:

  • the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that apply to gasoline and diesel transportation fuel produced or imported in the year 2019;
  • volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel that are below the statutory volume targets; and,
  • the applicable volume of biomass-based diesel for 2020.

Comments must be received on or before August 17, 2018. More information is available here.


British Columbia


Input sought on proposed changes to mobile equipment rules

The Government of B.C. is seeking feedback on proposed changes to occupational health and safety rules for mobile equipment. The proposed changes notably

  • Change the definition of mobile equipment to exclude certain towed components and include new types of equipment;
  • Change the definitions of specific types of mobile equipment, including ATVs and earth-movers;
  • Broaden the application of the rules to include mobile equipment that is not used by or around workers;
  • Create new obligations for operators, mechanics, and employers related to pre-operational inspection and monitoring;
  • Expand requirements for operators to maintain secure objects and clean surfaces in and around mobile equipment;
  • Require that seat belts always be worn, except in the case of graders with standing operators;
  • Introduce new precautions that must be taken by operators when their view is obstructed;
  • Tighten restrictions on non-operator workers riding on mobile equipment;
  • Require audio warning devices when mobile equipment is backing up, whether or not the operator can see behind them;
  • Preclude the use of chains and hooks to secure mobile equipment on grades;
  • Require continuous pressure monitoring during the inflation of tires;
  • Require that mobile equipment that has been subjected to high voltage contact be removed from service until it can be inspected, and repaired if necessary;
  • Require new types of mobile equipment to have roll over protection systems; and
  • Require fire suppression, fire extinguishment, and emergency escape systems in feller bunchers, timber harvesters, and some timber processors.

These changes would occur through amendments to Section 16: Mobile Equipment in the Occupational Health and Safety Regulation, and through small amendments to other sections.

Feedback can be submitted here until October 10, 2018. More information is available here.




Input sought on carbon pricing design and implementation

The Government of Manitoba is seeking comments to inform the design and implementation of Manitoba’s output-based carbon pricing system.

According to the Government of Manitoba, this carbon pricing system “will be phased in, with the first compliance period beginning in January 2019 […]. Registered facilities will be required to meet specified emissions targets and be required to pay a carbon price of $25 per tonne or acquire offset credits for any exceedance.”

The carbon pricing system “will apply to industrial facilities with annual emissions of 50,000 tonnes or greater of carbon dioxide equivalent but will not apply to municipalities, universities, schools, hospitals, landfills, waste-water treatment facilities, or natural gas distribution networks.”

Comments will be accepted until September 30, 2018. More information is available here and here.


Newfoundland & Labrador


Input sought on review of municipal legislation

The Government of Newfoundland and Labrador is seeking input as it reviews municipal legislation, including the Municipalities Act, 1999. According to the Government, “feedback will be considered as officials prepare recommendations for modernizing the legislation.”

Comments will be accepted until August 10, 2018. More information is available herehere, and here.