Proposed EHS regulatory changes – August 2020

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This is a list of select proposed EHS regulatory changes in Canada and United States. 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.

Canada

United States

Canada

Federal

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to the three substances set out in this notice

Published – 08 Aug, 2020
Industry Sector – Chemical Industry

The Government of Canada announced its intention to subject the three following substances to Significant New Activity (SNAc) notification requirements under the Canadian Environmental Protection Act (SC1999,c33):
– Allyl glycidyl ether (AGE) (CAS RN 106-92-3), which is mainly used “as a resin intermediate, and may also be used as a stabilizer of other chemicals, resins, and rubbers”;
– o-Cresol glycidyl ether (o-CGE) (CAS RN 2210-79-9), which is mainly used “as a reactive diluent for liquid epoxy resins”, and “may be used in Canada as a chemical intermediate, adhesive and sealant substance, or viscosity adjustor in applications such as the manufacture of adhesives and sealants, paints and coatings, or building or construction materials”; and
– Triglycidyl isocyanurate (TGIC) (CAS RN 2451-62-9), which “may be used as an adhesive and sealant substance, chemical filler, or additive in the manufacture of paints and coatings, adhesive and sealants, or formed metal articles including automotive parts”.

These amendments would be implemented by amending the Domestic Substances List (DSL).

Interested persons can make comments concerning these changes until October 7, 2020.

Additional information is available here.

Quebec

Occupational health and safety—Amendment, Safety Code for the construction industry—Amendment

Published – 26 Aug, 2020
Industry Sector – General Industry, Building Management and Maintenance

The Government of Quebec announced its intention to change the rules respecting respirable asbestos fibres and the exposition of workers to air contaminants.

According to the Quebec government, the changes would notably
– replace the definition of “respirable asbestos fibre”;
– update the list of concentrations of air contaminants workers may be exposed to without affecting their health, notably to “harmonize the regulatory exposure references of some 96 contaminants”; and
– harmonize the definition of “respirable asbestos fibre” in the Safety Code for the construction industry with the proposed definition for the Regulation respecting occupational health and safety.

The changes would be implemented by amending the following documents:
– Regulation respecting occupational health and safety (RRQ,cS-2.1,r13); and
– Safety Code for the construction industry (RRQ,cS-2.1,r4).

Interested persons are invited to make comments by October 10, 2020.

Additional information is available here.

Regulation to amend the Regulation respecting occupational health and safety

Published – 5 Aug, 2020
Industry Sector – General Industry, Office Spaces, Building Management and Maintenance

The Government of Quebec announced its intention to modify the rules respecting the provision of drinking water to workers, and the water used in toilet and urinal flushing systems.

According to the Quebec government, the changes would notably
– harmonise the requirements respecting drinking water and authorisations to “establish, reconstruct, enlarge or alter a water supply intake designed to supply an establishment with drinking water” with requirements provided for in the Environment Quality Act (RSQ,cQ-2) and the Regulation respecting the quality of drinking water (RRQ,cQ-2,r40); and
– replace “Schedule VIII by more flexible provisions regarding the quantities of drinking water and the quality of the water used for flushing”.

The changes will be implemented by amending the Regulation to amend the Regulation
respecting occupational health and safety (RRQ,cS-2.1,r13).

Interested persons can submit comments until September 19, 2020.

Additional information is available here.

Alberta

Modernizing Alberta’s Wildlife Regulation

Published – 04 Aug, 2020
Industry Sector – Fishing, Hunting and Trapping

The Government of Alberta announced its intention to modify the rules applicable to hunters and trappers.

According to the Alberta government, the changes would notably
– allow Alberta resident hunters to temporarily “hold hunting licences and participate in guided hunts that are normally designated for non-resident hunters”;
– allow guide-outfitters “to register and report sheep harvests on behalf of their clients”;
– allow “hunting licences to also be used as an export permit”;
– change “when waterfowl hunts open and the location of wildlife sanctuaries in order to protect vulnerable wildlife when required”;
– require “hunters to report wildlife tracking collars and other devices used to monitor wildlife”;
– open many “formerly restricted migratory game bird waterbodies […] to waterfowl hunting”;
– allow hunters “to bring a companion dog (pack dog) along with them in mountain area Wildlife Management Units during an open big game hunting season”;
– designate Kimiwan Lake as a game bird sanctuary;
– add “penalties of up to $500 for feeding dangerous wildlife”;
– remove “the timing restriction for hunters using off-highway vehicles (OHVs) in certain Wildlife Management Units”; and
– extend “seasons in some fur management zones while removing restrictions on sale of fur-bearing animals lawfully trapped”.

These changes would be implemented by amending the Wildlife Regulation (Alta.Reg.143/1997).

Additional information is available here.

United States

Federal

Significant New Use Rules on Certain Chemical Substances (20-8.B)

Published – 25 Aug, 2020
Industry Sector – Chemical Industry

The Environmental Protection Agency (EPA) is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for certain chemical substances that are the subject of premanufacture notices (PMNs).

The effect of this proposed change would require persons who intend to manufacture, import, or process any of these chemical substances for an activity that is proposed as a significant new use to notify EPA at least 90 days before commencing that activity. Persons may not commence manufacture, importing, or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination.

Comments must be received on or before September 24, 2020.

Additional information is available here.

Control of Air Pollution From Airplanes and AirplaneEngines: GHG Emission Standards and Test Procedures

Published – 20 Aug, 2020
Industry Sector – General Industry

The Environmental Protection Agency is proposing greenhouse gas emission standards applicable to certain classes of engines used by certain civil subsonic jet airplanes.

The proposed change would affect companies that manufacture civil subsonic jet airplanes that have a maximum takeoff mass (MTOM) of greater than 5,700 kilograms and civil subsonic propeller driven airplanes (e.g., turboprops) that have a MTOM greater than 8,618 kilograms, including the manufacturers of the engines used on these airplanes.

Comments must be received on or before October 19, 2020.

Additional information is available here.

Energy Conservation Program: Energy Conservation Standards for Clothes Washers and Clothes Dryers 

Published – 13 Aug, 2020
Industry Sector – Hardware Manufacturing

The Department of Energy is proposing to establish separate product classes for top-loading residential clothes washers and consumer clothes dryers that offer cycle times for a normal cycle of less than 30 minutes, and for front-loading residential clothes washers that offer cycle times for a normal cycle of less than 45 minutes. DOE would consider appropriate energy and water efficiency standards for such product classes, if adopted, in separate rulemakings.

Comments must be received on or before September 14, 2020.

Additional information is available here.

Energy Conservation Program: Test Procedure for Showerheads

Published – 13 Aug, 2020
Industry Sector – Hardware Manufacturing

The Department of Energy is proposing to amend its existing test procedures related to showerhead manufacturing. The proposed change would notably revise requirements for testing a single showerhead in a product with multiple showerheads.

Comments must be received on or before September 14, 2020.

Additional information is available here.

Protection of Stratospheric Ozone: Extension of the Laboratory and Analytical Use Exemption for Essential Class I Ozone-Depleting Substances

Published – 07 Aug, 2020
Industry Sector – General Industry

The Environmental Protection Agency is proposing to revise its regulations governing the manufacture, process, import, or distribution into commerce of certain ozone-depleting substances in the United States. The proposed change would notably affect entities using ozone-depleting substances for laboratory and analytical uses.

Comments must be received on or before October 6, 2020.

Additional information is available here.

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