Proposed EHS regulatory changes – September 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


Administrative Monetary Penalties Regulations (Canada Labour Code)

Industry Sector – General Industry, Office Spaces, Building Management and Maintenance
Document Type – Legislation

The Government of Canada announced its intention to designate the contravention of certain provisions of the Canada Labour Code (RSC1985,cL-2) and certain associated regulations as violations, and to determine the penalties for such violations.

According to the Government of Canada,
– the concerned provisions would be in Part II – Occupational Health and Safety and Part III – Standard Hours, Wages, Vacations and Holidays of the Canada Labour Code; and
– the name and information of an employer who would commit such violation might be made public to deter non-compliance.

Interested persons can make comments concerning these changes until November 22, 2019.

United States

Updating Regulations on Water Quality Certification

Industry Sector – General Industry, Water Transportation
Document Type – Legislation

The Environmental Protection Agency is requesting comments on a proposal to increase the predictability and timeliness of water quality certification (under the Clean Water Act Section 401), by clarifying timeframes for certification, the scope of certification review and conditions, and related certification requirements and procedures. This would affect State Certification of Activities Requiring a Federal License or Permit (40CFR-121).

Comments must be received on or before October 21, 2019.

Hours of Service of Drivers

Industry Sector – Road Transportation
Document Type – Legislation

The Department of Transportation is proposing to amend 49 CFR 395 Hours of Service of Drivers (49CFR-395) to provide greater flexibility for drivers by
– Altering the short-haul exception to the record of duty status requirement available to certain commercial motor vehicle drivers;
– Modifying the adverse driving conditions exception;
– Increasing flexibility for the 30-minute break rule by requiring a break after 8 hours of driving time (instead of on-duty time);
– Allowing on-duty/not driving periods as qualifying breaks from driving;
– Modifying the sleeper berth exception to allow a driver to spend a minimum of 7 hours in the berth combined with a minimum 2-hour off-duty period, provided the combined periods total 10 hours (rather than the current 8/2 split); and
– Allowing one off-duty break that would pause a truck driver’s 14-hour driving window.

Comments must be received on or before October 7, 2019.

Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens

Industry Sector – General Industry
Document Type – Legislation

The Department of Transportation is proposing to amend the following:
– 49 CFR 107 Hazardous Materials Program procedures (49CFR-107)
– 49 CFR 171 General Information, Regulations, and Definitions (49CFR-171)
– 49 CFR 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans (49CFR-172)
– 49 CFR 173 Shippers General Requirements for Shipments and Packagings (49CFR-173)
– 49 CFR 173 Subpart A General (US-49CFR-173.A)
– 49 CFR 173 Subpart B – Preparation of Hazardous Materials for Transportation (US-49CFR-173.B)
– 49 CFR 173 Subpart C Definitions, Classification and Packaging for Class 1 (US-49CFR-173.C)
– 49 CFR 173 Subpart D Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 (US-49CFR-173.D)
– 49 CFR 173 Subpart F Bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 (US-49CFR-173.F)
– 49 CFR 173 Subpart G Gases; Preparation and Packaging (US-49CFR-173.G)
– 49 CFR 178 Specifications for Packagings (49CFR-178)
– 49 CFR 178 Subpart C Specifications for Cylinders (US-49CFR-178.C)
– 49 CFR 178 Subpart L Non-bulk Performance-Oriented Packaging Standards (US-49CFR-178.L)
– 49 CFR 179 Specifications for Tank Cars (49CFR-179)
– 49 CFR 179 Subpart B General Design Requirements (US-49CFR-179.B)
– 49 CFR 180 Continuing Qualification and Maintenance of Packagings (49CFR-180)
– 49 CFR 180 Subpart E Qualification and Maintenance of Cargo Tanks (US-49CFR-180.E)

The proposed amendments include adopting a phase-out schedule for certain railroad tank cars used to transport materials poisonous by inhalation, allowing the continued use of certain portable and mobile refrigerator systems commonly used in the produce industry, incorporating an industry standard that can help to enhance the production of oil and gas wells, and incorporating an updated consensus standard which applies to the existing market for fireworks.

Comments must be submitted by October 15, 2019.

Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production and Import, 2020-2029; and Other Updates

Industry Sector – Chemical Industry
Document Type – Legislation

The Environmental Protection Agency is proposing the following changes to Part 82 Protection Of Stratospheric Ozone (40CFR-82):
– Allocate production and consumption allowances for specific hydrochlorofluorocarbons for the years 2020 through 2029.
– Update other requirements for controlling production and consumption of ozone-depleting substances.
– Edit the regulatory text for improved readability and clarity.
– Clarify the certification requirements for methyl bromide quarantine and preshipment uses.
– Add polyurethane foam systems containing ozone-depleting chlorofluorocarbons to the list of nonessential products.
– Update the definition of “destruction” as used in the context of the production and consumption phaseout.
– Remove obsolete provisions.

These updates include revising the labeling requirements for containers of specific hydrochlorofluorocarbons; prohibiting the conversion of hydrochlorofluorocarbon allowances allocated through this rulemaking into allowances for hydrochlorofluorocarbons that have already been phased out; requiring the use of an electronic reporting system for producers, importers, exporters, transformers, and destroyers of class I and class II ozone-depleting substances; revising and removing recordkeeping and reporting requirements; improving the process for petitioning to import used substances for reuse; creating a certification process for importing used and virgin substances for destruction; and restricting the sale of known illegally imported substances.

Comments must be received on or before September 30, 2019.

Person in Charge of Fuel Transfers

Industry Sector – Water Transportation
Document Type – Legislation

The Coast Guard is proposing to amend the requirements regulating personnel permitted to serve as a person in charge (PIC) of fuel oil transfers on an inspected vessel by adding the option of using a letter of designation (LOD) in lieu of a Merchant Mariner Credential (MMC) with a Tankerman-PIC endorsement. As thousands of towing vessels are currently transitioning from being uninspected vessels to becoming inspected vessels, this proposal would allow a PIC currently using the LOD option on one of those uninspected vessels to continue to use that option to perform the same fuel oil transfers once the vessel receives its initial Certificate of Inspection. Under this proposal, obtaining a MMC with a Tankerman-PIC endorsement would become optional for PICs of fuel oil transfers on inspected vessels. The proposed amendments would affect 33 CFR 155 Oil or Hazardous Material Pollution Prevention Regulations for Vessels (33CFR-155).

Comments and related material must be received by the Coast Guard on or before October 15, 2019.

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