Proposed EHS Regulatory Changes – June 2019

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This is a list of select proposed EHS regulatory changes in the United States and Canada in the past few days. We cover EHS legislation in over 100 countries and 200 jurisdictions. If you would like to track EHS legislation in specific regions, jurisdictions or countries, we are happy to help. Please send us a request for more information here and we will get in touch shortly.

United States

Canada

 

United States

National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing Residual Risk and Technology Review

Industry – General

The Environmental Protection Agency is proposing to amend emission standards for hazardous air pollutants originating from asphalt processing and asphalt roofing manufacturing. The proposed amendments include the correction and the clarification of regulatory provisions related to emissions during periods of startup, shutdown, and malfunction; the addition of requirements for periodic performance testing; the addition of electronic reporting for performance test results and reports, performance evaluation reports, compliance reports, and Notification of Compliance Status reports; and the revision of monitoring requirements for control devices used to comply with particulate matter standards. The proposed amendments would affect Part 63 National Emission Standards For Hazardous Air Pollutants For Source Categories (40CFR-63).

Comments must be received on or before June 17, 2019.

National Emission Standards for Hazardous Air Pollutants: Engine Test Cells/Stands Residual Risk and Technology Review

Industry – Energy production/distribution and Building Management & Maintenance

The Environmental Protection Agency is proposing to amend the emission standards for hazardous air pollutants originating from Engine Test Cells/Stands. This would amend provisions addressing periods of startup, shutdown, and malfunction; amend provisions regarding electronic reporting; and make clarifying and technical corrections. These amendments would affect Part 63 National Emission Standards For Hazardous Air Pollutants For Source Categories (40CFR-63).

Comments must be received on or before June 24, 2019.

Qualification and Certification of Locomotive Engineers; Miscellaneous Revisions

Industry – Rail Transportation

The Department of Transportation is proposing to revise the regulations governing the qualification and certification of locomotive engineers to make it consistent with its regulation for the qualification and certification of conductors. The proposed changes include: amending the program submission process; handling engineer and conductor petitions for review with a single review board; and revising the filing requirements for petitions. These potential changes apply to 49 CFR240 Subpart A General (49CFR-240.A), 49 CFR 240 Subpart B Component Elements of the Certification Process (49CFR-240.B), 49 CFR 240 Subpart C Implementation of the Certification Process (49CFR-240.C), 49 CFR 240 Subpart D Administration of the Certification Programs (49CFR-240.D), and 49 CFR 240 Subpart E Dispute Resolution Procedures (49CFR-240.E).

Written comments on the proposed rule must be received by July 8, 2019.

National Emission Standards for Hazardous Air Pollutants: Boat Manufacturing and Reinforced Plastic Composites Production Residual Risk and Technology Review

Industry – General

The Environmental Protection Agency is proposing to amend the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Boat Manufacturing and the NESHAP for Reinforced Plastic Composites Production. This would include amendments to provisions addressing emissions during periods of startup, shutdown, and malfunction; and to provisions regarding electronic reporting of certain notifications, performance test results, and semi-annual reports. The proposed amendments would affect Part 63 National Emission Standards For Hazardous Air Pollutants For Source Categories (40CFR-63).

Comments must be received on or before July 1, 2019.

Revision of Method for Calculating Monetary Threshold for Reporting Rail Equipment Accidents/Incidents

Industry – Rail Transportation

The Department of Transportation is proposing to amend the way they calculate the periodic adjustments to the reporting threshold (i.e the monetary threshold above which any rail equipment accidents/incidents must be reported). This applies to 49 CFR 225 Railroad Accidents/Incidents: Reports Classification, and Investigations (49CFR-225).

Comments are requested no later than July 16, 2019.

Federal Implementation Plan To Establish a Bank for Ozone Precursor Emission Reduction Credits From Existing Sources on Indian Country Lands Within the Uinta Basin Ozone Nonattainment Area

Industry – Energy Production/Oil and Gas

The Environmental Protection Agency is seeking feedback on different approaches to establishing a voluntary emission reduction credit bank for ozone precursors, specifically volatile organic compounds and nitrogen oxides, applicable to stationary sources on Indian country lands within the Uintah and Ouray Indian Reservation (U&O Reservation) that are part of the Uinta Basin Ozone Nonattainment Area. The emission reduction credits could be generated and used for several air quality planning purposes including in assisting in achievement of the ozone National Ambient Air Quality Standard. Comments on the potential for the bank to interact with sources that are outside the nonattainment area or the U&O Reservation are also welcome. Tribal Clean Air Act Authority (40CFR-49) could be affected by changes related to this request for feedback.

Comments must be received on or before July 8, 2019.

Canada

Proposed amendments to certain regulations made under Part II of the Canada Labour Code to require the provision of free menstrual products in the workplace

Industry – General, Office Spaces Building Management and Maintenance

The Government of Canada announced that it was considering amending rules regarding occupational health and safety applicable to companies regulated by federal law, to require employers to provide free menstrual products in the workplace to their employees.

The Government of Canada is seeking comments on this proposal, including on the following questions:

(1) Taking into account any physical restrictions or location issues, how best could this requirement be implemented in your workplace?

(2) Taking into account issues such as financial implications, size of business, and physical restrictions, how would this requirement affect your business?

(3) There are a number of different menstrual products on the market. What types of menstrual products would best meet this requirement?

(4) Should the regulations require employers to make menstrual products available to employees at prescribed locations, e.g. washrooms or neutral locations?

(5) Are you aware of any initiatives that have been implemented in workplaces that provide menstrual products to employees?

(6) Is there anything else the Labour Program should consider regarding this proposal?

The proposed changes would be implemented by amending occupational health and safety regulations under the Canada Labour Code (RSC1985,cL-2).

Interested persons can make comments concerning these changes until July 3, 2019.

Locomotive Voice and Video Recorder Regulations

Industry – Rail Transportation

The Government of Canada announced its intention to adopt new rules concerning voice and video recording of the cabs of controlling locomotives for certain federally regulated rail companies.

According to the Government of Canada, the changes would notably

(1) “require federally regulated railways to install locomotive voice and video recorder systems in the cabs of controlling locomotives”;

(2) set technical specifications and configuration requirements for the recording equipment concerning the recording length, environmental standards, their crashworthiness, signs, the voice and video quality, the placement of microphones and cameras, the technical accessibility and encryption of data, and the synchronisation of data;

(3) require periodical testing of the recording equipment;

(4) set requirements for the management, the communication, the preservation and the erasure of the recorded data;

(5) require rail companies to develop a policy concerning the data management, collection, communication, access and use;

(6) set restrictions, conditions and requirements concerning the use and access to the voice and video data by rail companies, notably in certain situations, such as accident and incident investigations, the random selection of data for safety purposes, and to address threats to the safety of railway operations;

(7) specify what is a threat to the safety of railway operations;

(8) require rail companies to develop a random selection policy and to notify Transport Canada of any change in the policy;

(9) set various recordkeeping requirements;

(10) put in place requirements for the privacy protection of employees from unauthorised access or misuse of the voice and video data by a rail company; and

(11) provide for new contraventions and penalties.

The proposed changes would be implemented by adopting new Locomotive Voice and Video Recorder Regulations, and by amending the Railway Safety Administrative Monetary Penalties Regulations (SOR/2014-233).

The Government specifies that “the proposed Regulations would provide a transition period of two years from the coming-into-force date to provide time for companies to procure and install the required locomotive voice and video recording equipment”.

Interested persons can make comments concerning these changes until July 24, 2019.