Proposed EHS regulatory changes – November 2020

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

European Union

Canada

Federal

Jane Goodall Act

Published – 17 Nov, 2020
Industry Sector – Genaral Industry

Canadian law could soon be amended to better protect great apes, elephants and certain other non-domesticated animals.

According to the Government of Canada, the changes would notably
– “create offences respecting great apes, elephants and certain other non-domesticated animals in captivity”;
– “require a permit for the import, export or interprovincial travel of great apes, elephants and certain other non-domesticated animals”; and
– “prohibit the importation or exportation of elephant ivory, with certain limited exceptions”.

These changes would be implemented by amending the Criminal Code (RSC1985,cC-46) and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (SC1992,c52).

Additional information is available here.

Federal Halocarbon Regulations, 2020

Published – 14 Nov, 2020
Industry Sector – General Industry, Building Management and Maintenance

The Government of Canada announced its intention to update the regulations respecting halocarbons.

According to the Canadian government, the changes would notably
– “revise and add definitions to improve clarity”;
– “remove the requirement to affix notices on equipment”;
– “only require that servicing activities made on large systems, or on small systems that could lead to a halocarbon release, be recorded in the service log”;
– “allow regulated parties to keep records and send reports electronically”;
– “modify the leak test interval from once every 12 months to at least once every calendar year and no more than 15 months since the previous leak test”;
– “increase the validity period, from one to three years, for permits to install or charge a fire-extinguishing system containing one of the substances listed”;
– “align federal regulations with certain ICAO standards […] relating to the replacement of halons in fire-extinguishing systems in civil aviation”;
– “revise the definition of ‘certified person’ to specify that a valid certificate is one recognized by at least one Canadian province”;
– remove “references to expired Underwriters’ Laboratories of Canada standards”; and
– include “the relevant requirements of the Environmental Code of Practice for the Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems” and remove any redundant reference to this code.

These changes would be implemented by replacing the Federal Halocarbon Regulations (SOR/2003-289), and by amending the
– Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) (SOR/2012-134); and
– Environmental Violations Administrative Monetary Penalties Regulations (SOR/2017-109).

Interested persons can make comments concerning these changes until January 13, 2021.

Additional information is available here.

An Act to amend the Fisheries Act (closed containment aquaculture)

Published – 27 Nov, 2020
Industry Sector – Fishing, Hunting and Trapping

The rules concerning commercial aquaculture could soon change in Western Canada.

According to the Government of Canada, the changes would “prohibit finfish aquaculture for commercial purposes in Canadian fisheries waters off the Pacific Coast except when it is carried out in closed containment facilities”.

Additional information is available here.

New Brunswick

Bill 2: An Act to Amend the Climate Change Act

Published – 20 Nov, 2020
Industry Sector – General Industry

Certain rules concerning opted-in facilities under the provincial greenhouse gases reduction regime might soon change.

The changes would notably
– change the date used to set out the deadline industrial facilities must respect when filing with the government to become opted-in facilities in the following year; and
– add a presumption to consider that certain facilities considered as covered facilities under the federal Greenhouse Gas Pollution Pricing Act have been designated as opted-in facilities under the provincial regime on January 1, 2019.

Additional information is available here.

Ontario

Electronic Logging Devices (ELD) for Intra-provincial Carriers

Published – 12 Nov, 2020
Industry Sector: Road Transportation

The Government of Ontario announced its intention to modify the rules respecting the monitoring of intra-provincial commercial drivers’ activities.

According to the Ontario Government, the change would replace the paper log system used by commercial drivers to self-report their on-duty, off-duty and driving time with electronic logging devices (ELDs).

This change would be implemented by amending Hours of Service (OReg555/06).

Interested persons are invited to make comments by December 21, 2020.

Additional information is available here.

A proposal under the Endangered Species Act to enable use of the Species at Risk Conservation Fund and to streamline authorizations for certain activities that impact species at risk, while maintaining protections for species at risk

Published – 3 Nov, 2020
Industry Sector: General Industry

The rules respecting the protection of endangered species could soon change in Ontario, notably to “update the authorization process, known as conditional exemptions, for some activities”.

According to the Government of Ontario, the changes would notably
– “make the Fund approach available for those registering for the following conditional exemptions”;
– “give proponents the option to pay a species conservation charge into the Fund rather than completing certain on-the-ground actions as a condition of the conditional exemption”;
– “set out a formula to calculate the amount of the contribution to be made for the authorized activity, based on the degree of impact to the species and its habitat”;
– “set out the general timing and steps that proponents must follow when providing species conservation charges to the Agency”;
– require the payment “before the start of any activities that impact the conservation fund species and its habitat”;
– “make more activities eligible under the conditional exemptions in order to get those that maintain standards for and/or benefit species at risk underway faster”;
– make changes for activities that assist in the protection or recovery of a species at risk, affect Butternut trees, or involve the operation of a dam; and
– “prescribe requirements for registrations in respect of conditional exemptions to be updated if the registered activity is changed or cancelled”.

These changes would be implemented by amending General – Endangered Species (O.Reg.242/08).

Interested persons are invited to make comments by December 19, 2020.

Additional information is available here.

United States

Federal

Significant New Use Rules on Certain Chemical Substances (21-1.B)

Published – 16 Nov, 2020
Industry Sector – Chemical Industry

The Environmental Protection Agency (EPA) is proposing significant new use rules for certain chemical substances that are the subject of premanufacture notices. 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 December 16, 2020.

Additional information is available here.

Modification of Significant New Uses of Certain Chemical Substances (20-2.M)

Published – 18 Nov, 2020
Industry Sector – Chemical Industry

The Environmental Protection Agency (EPA) is proposing to amend significant new use rules (SNURs) issued under the Toxic Substances Control Act (TSCA) for certain chemical substances, which were the subject of a premanufacture notice (PMN) and a significant new use notice (SNUN). Specifically, this action proposes to amend the SNURs to allow certain new uses reported in the SNUNs without additional notification requirements and modify the significant new use notification requirements based on the actions and determinations for the SNUN submissions.
Comments must be received on or before December 18, 2020.

Additional information is available here.

European Union

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the minimum level of training of seafarers (codification)

Published – 18 Nov, 2020
Industry Sector – Oil and Gas Industry

This proposal notably contains requirements for the Member States, companies, masters of ships, officers, radio operators and crew members respecting the medical certification and monitoring of seafarers, rest periods, as well as the training and instructions related to shipboard equipment and operating procedures (including safety, environmental protection and emergency procedures) needed for the proper performance of their duties.

Additional information is available here.

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