Proposed EHS regulatory changes – October 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

Federal Motor Vehicle Safety Standard No. 111, Rear Visibility

Published – 10 Oct, 2019
Industry Sector – Road Transportation

The Department of Transportation is seeking public comment on permitting camera-based rear visibility systems, commonly referred to as “Camera Monitor Systems” or “CMS,” as an alternative to inside and outside rearview mirrors. This builds on prior efforts to obtain supporting technical information, data, and analysis on CMS to determine whether these systems can provide the same level of safety as the rearview mirrors currently required.

Written information should be submitted by December 9, 2019.

National Emission Standards for Hazardous Air Pollutants: Iron and Steel Foundries Residual Risk and Technology Review

Published – 9 Oct, 2019
Industry Sector – Chemical Industry, Mining and Minerals Industry

The Environmental Protection Agency (EPA) is proposing amendments to Part 63 National Emission Standards For Hazardous Air Pollutants For Source Categories (40CFR-63) for Iron and Steel Foundries. The proposed amendments include the following:

  • Removal of exemptions for periods of startup, shutdown, and malfunction, and specification that the emissions standards apply at all times;
  • Requiring electronic reporting of performance test results and compliance reports; and
  • Making minor corrections and clarifications for a few other rule provisions for major sources and area sources.

Comments must be received on or before November 25, 2019.

National Emission Standards for Hazardous Air Pollutants: Generic Maximum Achievable Control Technology Standards Residual Risk and Technology Review for Ethylene Production

Published – 9 Oct, 2019
Industry Sector – Chemical Industry, Oil and Gas Industry

The Environmental Protection Agency (EPA) is proposing amendments to Part 63 National Emission Standards For Hazardous Air Pollutants For Source Categories (40CFR-63) for Ethylene Production. The proposed changes include the following:

  • Amendments pursuant to technology review for storage vessels and heat exchange systems;
  • Amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (including removing general exemptions, adding work practice standards where appropriate, and clarifying regulatory provisions for certain vent control bypasses);
  • Addition of monitoring and operational requirements for flares; and
  • Addition of provisions for electronic reporting of performance test results and reports and Notification of Compliance Status (NOCS) reports.

Comments must be received on or before November 25, 2019.

Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors

Published – 8 Oct, 2019
Industry Sector – Construction, Water Transportation

The Occupational Safety and Health Association is proposing to revise the standards for occupational exposure to beryllium and beryllium compounds in the construction and shipyards industries. These proposed changes are designed to accomplish three goals:

  • To more appropriately tailor the requirements of the construction and shipyards standards to the particular exposures in these industries;
  • To aid compliance and enforcement across the beryllium standards by avoiding inconsistency between the shipyards and construction standards and proposed revisions to the general industry standard; and
  • To clarify certain requirements with respect to materials containing only trace amounts of beryllium.

These proposed changes would affect 29 CFR 1926 Safety and Health Regulations for Construction (29CFR-1926) and 29 CFR 1915 Occupational Safety and Health Standards for Shipyard Employment (29CFR-1915). The proposal does not affect the general industry beryllium standard.

Written comments must be submitted (postmarked, sent, or received) by November 7, 2019.

Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review

Published – 24 Sep, 2019
Industry Sector – General Industry

The Environmental Protection Agency (EPA) is co-proposing two potential actions that could affect 40 CFR 60 Standards Of Performance For New Stationary Sources (40CFR-60). These actions would

  • Remove sources in the transmission and storage segment from the source category, rescind the new source performance standards (including both the volatile organic compounds and methane requirements) applicable to those sources, and
  • Rescind the methane-specific requirements of the new source performance standards applicable to sources in the production and processing segments.

Furthermore, the EPA is taking comment on alternative interpretations of its statutory authority to regulate pollutants under the Clean Air Act (CAA), and associated record and policy questions.

Comments must be received on or before November 25, 2019.

Ocean Disposal; Designation of an Ocean Dredged Material Disposal Site for the Southern Maine, New Hampshire, and Northern Massachusetts Coastal Region

Published – 18 Sep, 2019
Industry Sector – General Industry

The Environmental Protection Agency is proposing to designate the Isles of Shoals North Disposal Site, located east of Portsmouth, New Hampshire, as an ocean dredged material disposal site. This designation would make the site available to receive dredged material from specific projects under certain conditions. This would affect Criteria for the Management of Disposal Sites for Ocean Dumping (40CFR-228).

Written comments must be received on or before October 18, 2019.

Marine Diesel Engine Emission Standards

Published – 6 Sep, 2019
Industry Sector – Water Transportation

The Environmental Protection Agency is proposing to amend the national marine diesel engine program to provide relief provisions to address concerns associated with finding and installing certified Tier 4 marine diesel engines in certain high-speed commercial vessels. The proposed relief is in the form of additional lead time for qualifying engines and vessels.

The EPA is also making a technical correction to the diesel fuel regulations to allow fuel manufacturers and distributors to make distillate diesel fuel that complies with the global sulfur standard that applies internationally instead of the fuel standards that otherwise apply to distillate diesel fuel in the United States.

The proposed amendments would affect Part 80 Regulation Of Fuels And Fuel Additives (40CFR-80) and 40 CFR 1042 Control of Emissions from New and in-Use Marine Compression-Ignition Engines and Vessels (40CFR-1042).

Written comments must be received by October 21, 2019.

Canada

British Columbia

Province seeks input on modernizing Emergency Program Act

Published – 28 Oct, 2019
Industry Sector – General Industry, Office Spaces, Building Management and Maintenance

The Government of British Columbia is seeking input from people interested to provide their expertise, such as businesses, non-profit organisations, emergency management practitioners, and the community, to reform the province’s emergency management legislation.

The objective is to bring changes that will notably

  • incorporate the best practices in emergency management, such as the United Nations’ Sendai Framework;
  • make the legislation “encompass all stages of emergency management — mitigation, preparedness, response and recovery”;
  • make “a shift from disaster response to managing and reducing disaster risk”;
  • “include an all-of-society approach where emergency management is a shared responsibility of individuals, governments, communities and private and non-profit sectors”;
  • recognise “First Nations as partners in emergency management”; and
  • “put safety first, with the protection of life, health and safety being paramount”.

The changes would be implemented by amending the Emergency Program Act (RSBC1996,c111).

The Government published a discussion paper, and is accepting feedback until January 31, 2020.

Quebec

Mandatory reporting of certain emissions of contaminants into the atmosphere —Amendment

Published – 23 Oct, 2019
Industry Sector – General Industry

The Government of Quebec announced its intention to amend the rules concerning the mandatory reporting of certain contaminant emissions into the atmosphere.

According to the Government of Quebec, the changes would notably

  • require that persons having to declare emissions under the regulation notify the government if they cease operations;
  • determine “the method to [use] when an emitter is unable to obtain the manufacturer’s instructions for calibrating the measurement equipment”;
  • amend the “threshold applicable to the report for total reduced sulphur”, for “harmonization purposes with the federal system for the monitoring of discharges of substances into the environment”;
  • amend various calculation methods and update the table concerning default greenhouse gas emission factors relating to electricity for Canadian provinces and certain North American markets;
  • set out how to account for “the fuel when the storage method used does not allow to identify its origin”; and
  • amend the list of information to provide with the emissions report.

Interested persons can submit comments until December 7, 2019.

On October 30, 2019, the Government published an erratum concerning this document. This erratum is available here.

Manitoba

Province Streamlines Approach to Drainage

Published – 2 Oct, 2019
Industry Sector – General Industry, Building Management and Maintenance

The Government of Manitoba announced its intention to adopt new rules concerning the approval process of drainage and water control works.

According to the Manitoba Government, the new rules will

  • put in place a new “registration process for applications and approvals” that focus on “higher-risk and higher-impact projects”, to facilitate “approvals for lower-risk and lower-impact projects”;
  • “ensure requirements for landowner sign-off are consistent with expected impacts”;
  • “harmonize provincial approvals for projects that require a licence under The Environment Act”;
  • “improve surface water management co-ordination and communication by providing stronger linkages with watershed management plans and municipal development plans that influence land-use decision-making”; and
  • “increase protection of seasonal wetlands by requiring compensation for higher-impact projects”.

In the context of these changes, the Government of Manitoba launched a new Water Licensing Portal to allow applicants to apply online, and to give information to the public concerning water control works and water use authorisations.

For additional information, please contact the Manitoba Government.

Ontario

Transforming and modernizing the delivery of Ontario’s Building Code services

Published – 24 Sep, 2019
Industry Sector – Construction

The Government of Ontario announced its intention to reform governmental services in the Construction industry, particularly those related to the Building Code.

According to the Government of Ontario, the changes would notably

  • modify the “Building Code examination process to ensure that building code professionals have the required legal and technical knowledge”;
  • “require building code professionals to complete Continuing Professional Development activities regularly to maintain knowledge”, and “establish [an] enforcement framework to ensure that [they] are meeting their qualification and registration requirements and are operating appropriately”;
  • support municipalities with recruitment, building permits approval and services delivery;
  • “introduce the use of Certified Professionals to ensure Code compliance and streamline the permit approval process”;
  • “transform the public registry and registration process to be more streamlined and user-friendly”;
  • allow “the use of administrative penalties to help municipalities address non-compliance and contraventions of the Building Code Act, 1992 and the building code”;
  • improve the consistency of building code requirements to “provide clear, standardized, technical advice and interpretation”; and
  • enable “digital services, which may include development of a digital version of the Building Code that meets the needs of users”.

Regional information sessions are scheduled between October 4, 2019 and October 16, 2019.

Interested persons are invited to make comments concerning those changes by November 25, 2019.

Proposed amendments to the Aggregate Resources Act

Published – 20 Sep, 2019
Industry Sector – General Industry

The Government of Ontario announced its intention to amend the rules concerning the extraction of aggregates.

According to the Government of Ontario, the changes would notably

  • create a new application process for the expansion of operations “to extract aggregate within the water table”, that would allow for “increased public engagement on applications”;
  • “clarify that [the] depth of extraction of pits and quarries is managed under the Aggregate Resources Act, and that duplicative municipal zoning by-laws relating to the depth of aggregate extraction [do] not apply”;
  • “clarify [that] the application of municipal zoning on Crown land does not apply to aggregate extraction”;
  • prevent the Local Planning Appeal Tribunal or the Government from “requiring agreements between municipalities and aggregate producers regarding aggregate haulage”, but keep the possibility to conclude such agreements voluntarily; and
  • “improve access to aggregates in adjacent municipal road allowances through a simpler application process for” existing license holders, when supported by the municipality.

Additionally, the Government is considering changes that would

  • require more context and details in reports concerning the rehabilitation of sites;
  • allow operators to “self-file changes to existing site plans for some routine activities”;
  • allow “some low-risk activities to occur without a licence”;
  • clarify “requirements for site plan amendment applications”; and
  • review compliance reporting and application requirements.

The changes would be implemented by amending the Aggregate Resources Act (RSO1990,cA.8).

Interested persons are invited to make comments concerning those changes by November 4, 2019.

Display Screens and Hand-Held Devices – Exemption Review

Published – 18 Sep, 2019
Industry Sector – Road Transportation

The Ontario Government announced its intention to make permanent the exemption allowing commercial drivers, certain public employees and amateur radio operators to hold or use hand-held two-way radios while operating a motor vehicle.

The changes would be implemented by amending the regulation concerning Display Screens and Hand-held Devices (OReg366/09).

Interested persons can make comments concerning these changes until November 4, 2019.

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