Proposed EHS regulatory changes – March 2021

By ,

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

Greenhouse Gas Offset Credit System Regulations (Canada)

Published date: 06 March, 2021
Industry Sector: General Industry

The Government of Canada announced its intention to establish requirements for the operational aspects of a voluntary federal greenhouse gas offset credit system.

These changes would notably
– establish the registration application requirements;
– specify the eligibility criteria a project needs to meet to participate in the system;
– set out the criteria for the emission of offset credits;
– establish reporting, monitoring, record-keeping and verification requirements;
– create an environmental integrity account where some offset credits would be deposited; and
– specify “the content that federal offset protocols […] must contain, such as the methods for the quantification of GHG reductions and the assessment of risks specific to the project activity”.

These changes would be implemented by enacting the Greenhouse Gas Offset Credit System Regulations (Canada) and by amending the Output-Based Pricing System Regulations (CA-SOR/2019-266).

Interested persons can make comments concerning these changes until May 5, 2021.

Additional information is available here.

Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations

Published date: 06 March, 2021
Industry Sector: General Industry

The Government of Canada announced its intention to create the new Edéhzhíe national wildlife area (NWA) in the Northwest Territories.

According to the Canadian government, the changes would notably
– prohibit unauthorized entry into the NWA; and
– prohibit the unauthorized carrying on of various activities inside the NWA, such as the carrying of industrial activities, or hunting, fishing or trapping inside the area.

These changes would be implemented by amending the Wildlife Area Regulations (CRC,c1609) and the Environmental Violations Administrative Monetary Penalties Regulations (SOR/2017-109).

Interested persons can make comments concerning these changes until April 5, 2021.

Additional information is available here.

Publication after screening assessment of 13 substances in the Aliphatic Amines Group specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Published date: 06 March, 2021
Industry Sector: General Industry

The Government of Canada announced its intention to add 9 substances of the long-chain aliphatic amines group to the List of Toxic Substances contained in Schedule 1 to the Canadian Environmental Protection Act, 1999 (SC1999,c33), to regulate them as such.

According to the Government of Canada, these substances are notably used in “polyurethane foam production, formulation of cleaning products and personal care products, flotation in mineral extraction, and formulation of asphalt emulsions”.

The changes would be done by amending the Canadian Environmental Protection Act, 1999 (SC1999,c33).

Interested persons can make comments concerning these changes until May 5, 2021.

Additional information is available here.

Publication after screening assessment of the two substances in the Thiophosphate Alkyl Esters Group — reaction products of 4-methyl-2-pentanol and diphosphorus pentasulfide, propoxylated, esterified with diphosphorous pentaoxide, and salted by amines, C12-14-tert-alkyl (TPAE-1), CAS RN 91745-46-9, and phosphorothioic acid, O,O-dibutyl ester, mixed (C8,C16,C18) alkylamine salt (TPAE-2), CAS RN 93964-99-9 and CAN 11105-8 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Published date: 13 March, 2021
Industry Sector: General Industry

The Government of Canada announced its intention to add the substance TPAE-1 (CAS RN 91745-46-9) to the List of Toxic Substances contained in Schedule 1 to the Canadian Environmental Protection Act, 1999 (SC1999,c33), to regulate it as such.

According to the Government of Canada, this substance is used “in Canada in industrial and automotive lubricants [as well as] in metalworking fluids”.

The changes would be done by amending the Canadian Environmental Protection Act, 1999 (SC1999,c33).

Interested persons can make comments concerning these changes until May 12, 2021.

Additional information is available here.

Manitoba

Province Introduces Proposed Amendments to the Smoking and Vapour Products Control Act for a Healthier Manitoba

Published date: 04 March, 2021
Industry Sector: General Industry, Building Management and Maintenance

The Government of Manitoba has announced its intention to extend the rules applicable to smoking and vapour products to areas under federal jurisdiction.

According to the Government of Manitoba, the changes would notably
– extend the application of the restrictions on smoking and using e-cigarettes in enclosed public places, indoor workplaces and other specified places to areas under federal jurisdiction, including reserves; and,
– extend the application of the restrictions on the display, advertising and promotion of tobacco and vapour products to these areas as well as the prohibitions on the sale and supply of cigarettes, e-cigarettes and related products to children.

These changes would be implemented by amending The Smoking and Vapour Products Control Act (CCSMcN92).

Additional information is available here.

Nova Scotia

Bill 4, Biodiversity Act

Published date: 12 March, 2021
Industry Sector: General Industry

New rules could soon be adopted to “provide for the stewardship, conservation, sustainable use and governance of biodiversity” in Nova Scotia.

The rules would provide for the creation of biodiversity management zones and would regulate permissible activities within those zones and across the province. According to the CBC, the proposed change would notably require private landowners’ consent before including their property in a biodiversity management zone, and could include provisions to allow for compensation for efforts to carry out management or conservation actions on private land, or where the government is required to intervene on private land in an emergency situation.

These changes would be implemented by enacting the Biodiversity Act.

Additional information is available here and here.

Ontario

Commercial Vision Waiver Program

Published date: 11 March, 2021
Industry Sector: Road Transportation

The Government of Ontario announced its intention to develop “an assessment program for Classes A, C, D and F drivers with reduced vision”. The program would waive the vision requirement for applicants who “meet specific eligibility criteria, provide detailed vision assessments, and complete necessary in-clinic and on-road evaluations”.

Interested persons can make comments concerning these changes until April 25, 2021.

Additional information is available here.

Proposed Amendments to the Electrical Safety Code Regulation (O. Reg. 164/99) under Part VIII of the Electricity Act, 1998

Published date: 15 March, 2021
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance

The Ontario Government announced its intention to update the Ontario Electrical Safety Code, to adopt the latest version of the Canadian Electrical Code and well as an updated “series of Ontario-specific technical and administrative rules”.

These changes would be implemented by amending the Electrical Safety Code (O.Reg.164/99).

Interested persons can make comments concerning these changes until April 29, 2021.

Additional information is available here.

Quebec

Halocarbon destruction projects eligible for the issuance of offset credits

Published date: 03 March, 2021
Industry Sector: General Industry

The Government of Quebec announced its intention to adopt an updated version of the rules concerning the conditions a halocarbon destruction project has to comply with to be eligible for the issuance of offset credits, as well as the general conditions that apply to such a project.

According to the Quebec Government, the changes would notably
– replace project registration with “a system of project notices to inform the Minister that the promoter of an eligible project intends to file a request for the issuance of offset credits”;
– define “the methods to be used to quantify the greenhouse gas emission reductions attributable to an eligible project, as well as the contents of the project report that the promoter must produce for each reporting period for emission reductions”; and
– set “the conditions that apply to the verification of project reports, in particular concerning the accreditation of the verification organization and the independence of the organization, the verifier and the other members of the verification team from the promoter”.

These changes would be implemented by enacting the Regulation respecting halocarbon destruction projects eligible for the issuance of offset credits.

Interested persons can submit comments until April 17, 2021.

Additional information is available here.

Cap-and-trade system for greenhouse gas emission allowances—Amendment

Published date: 03 March, 2021
Industry Sector: General Industry

The Government of Quebec announced its intention to modify the regulatory framework for offset credits to move the provisions concerning certain landfill methane reclamation and destruction projects and certain halocarbon destruction projects into separate regulations.

According to the Quebec Government, the changes would notably
– transfer “the current provisions for determining the projects eligible for offset credits, the provisions setting the conditions and methods applicable to such projects, and the provisions governing the information and documents that must be kept by the promoter or submitted to the [government]”;
– modify “the rules applicable to the replacement and cancellation of illegitimate offset credits”; and
– remove “the exclusion for the biomass and biomass fuel component of fuels distributed by emitters when calculating the threshold that renders fuel distributors”.

The changes would be implemented by amending the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (RRQ,cQ-2,r46.1).

Interested persons can submit comments until April 17, 2021.

Additional information is available here.

Landfill methane reclamation and destruction projects eligible for the issuance of offset credits

Published date: 03 March, 2021
Industry Sector: General Industry

The Government of Quebec announced its intention to adopt an updated version of the rules concerning the conditions a landfill methane reclamation and destruction project has to comply with to be eligible for the issuance of offset credits, as well as the general conditions that apply to such a project.

According to the Quebec Government, the changes would notably
– replace project registration with “a system of project notices to inform the Minister that the promoter of an eligible project intends to file a request for the issuance of offset credits”;
– define “the methods to be used to quantify the greenhouse gas emission reductions attributable to an eligible project, as well as the contents of the project report that the promoter must produce for each reporting period for emission reductions”;
– set “the conditions that apply to the verification of project reports, in particular concerning the accreditation of the verification organization and the independence of the organization, the verifier and the other members of the verification team from the promoter”; and
– set “the conditions applicable to the use, maintenance, verification and calibration of the measurement instruments used to quantify the greenhouse gas emission reductions attributable to an eligible project and to the use and maintenance of the reclamation or destruction devices used by the promoter”.

These changes would be implemented by enacting the Regulation respecting landfill methane reclamation and destruction projects eligible for the issuance of offset credits.

Interested persons can submit comments until April 17, 2021.

Additional information is available here.

Bill 88, An Act to amend the Act respecting the conservation and development of wildlife and other legislative provisions

Published date: 11 March, 2021
Industry Sector: Fishing, Hunting and Trapping

The rules respecting the protection of wildlife could soon be amended.

According to the Quebec Government, the changes would notably
– regulate “the possession, sale and importing of wildlife by-products and invertebrates”;
– define “the situations in which persons may kill or capture animals or alter their habitat”;
– create reporting requirements for veterinary surgeons and agrologists;
– modify wildlife sanctuary management mechanisms and the mechanisms for controlled zone management and governance;
– modify “the procedure for establishing wildlife preserves [and] the conditions for carrying on activities in these preserves and in wildlife habitats”;
– allow for the issuance of “orders in case of real or apprehended threats of serious or irreversible damage or injury to wildlife, its habitat or human health or safety”; and
– create new hunting and trapping offenses, such as hunting using detection devices or an aircraft.

These changes would be implemented by amending the following documents:
– An Act respecting the conservation and development of wildlife (RSQ,cC-61.1);
– An Act respecting hunting and fishing rights in the James Bay and New Québec territories (RSQ,cD-13.1);
– Parks Act (RSQ,cP-9); and
– Regulation respecting hunting and fishing controlled zones (RRQ,cC-61.1,r78).

Additional information is available here.

Saskatchewan

Climate Change Policy Engagement

Published date: 15 March, 2021
Industry Sector: General Industry, Building Management and Maintenance

The Government of Saskatchewan is engaging the public on three new initiatives as part of the Prairie Resilience strategy.

Those initiatives are:
– New regulations to manage greenhouse gas emissions from electricity generation;
– The development of a greenhouse gas offsets program that will serve as a compliance option for regulated emitters; and
– Exploring the development and deployment of small modular reactors (SMRs).

Some of the engagements on these initiatives will start in March 2021.

Additional information is available here.

Proposed New Oil and Gas Liability Management Regulations

Published date: 01 March, 2021
Industry Sector: Oil and Gas Industry

The Government of Saskatchewan is seeking comments on proposed regulatory changes intended to reduce the prospect of new orphan oil and gas wells and facilities in the province.

The changes would be implemented by enacting The Financial Security and Site Closure Regulations and amending The Oil and Gas Conservation Regulations, 2012 (RRScO-2.Reg6).

Interested persons can make comments concerning these changes until March 31, 2021.

Additional information is available here.

United States

Federal

FASTER Act of 2021

Published date: 08 March, 2021
Industry Sector: Food Industry

The United States government is proposing to implement new labeling requirements for the food industry. The proposed change would notably require that sesame be labeled as an allergen on package foods.

Additional information is available here.

Bipartisan Background Checks Act of 2021

Published date: 11 March, 2021
Industry Sector: Other

The United States government is introducing legislation that would tighten requirements on commercial gun sales. The proposed change would notably expand background checks to all firearm sales or transfers, including gun sales, transfers by private sellers, and online purchases.

Additional information is available here.

Protecting America’s Wilderness and Public Lands Act

Published date: 02 March, 2021
Industry Sector: Genaral Industry

Federal land preservation rules could soon be enhanced to protect landscapes in Colorado, California, Washington, and Arizona. According to the Federal government, the proposed changes would notably “(designate) 1.5 million acres of public land as wilderness, (protect) more than 1.2 million acres of public land from new oil and gas and mining claims and (incorporate) more than 1,200 river miles into the “National Wild and Scenic Rivers System“.

Additional information is available here.

Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Request for Comments

Published date: 16 March, 2021
Industry Sector: Chemical Industry

The Environmental Protection Agency is asking for public input on rules regarding the control of five persistent, bioaccumulative, and toxic chemicals. These chemicals are 2,4,6-tris(tert-butyl)phenol; decabromodiphenyl ether; phenol, isopropylated phosphate (3:1); pentachlorothiophenol; and hexachlorobutadiene. The proposed change would notably covers (1) provisions covering exposure to these chemicals (including exposures to potentially exposed or susceptible subpopulations and the environment), (2) compliance issues associated with prohibition on the processing and distribution of phenol, isopropylated phosphate (3:1) for use in articles; and (3) additional or alternative measures or approaches.

Comments must be received on or before May 17, 2021.

Additional information is available here.

Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 5) for Public Water Systems and Announcement of Public Meeting

Published date: 11 March, 2021
Industry Sector: Utilities and Communications

The Environmental Protection Agency is proposing to revise drinking water rules for public water systems. The proposed changes would notably require all community and non-transient non community water systems serving 3,300 or more people, and certain smaller water systems, to conduct monitoring for 29 per-and polyfluoroalkyl substances and lithium.

Comments must be received on or before May 10, 2021.

Additional information is available here.

European Union

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on guidelines for trans-European energy infrastructure and repealing Regulation (EU) No 347/2013

Published date: 15 Dec, 2020
Industry Sector: Utilities and Communication

The European Union announced its intention to replace Regulation (EU) No 347/2013 on guidelines for trans-European energy infrastructure [347/2013(EU)].

The revised legislation aims at:
– Enabling the identification of the cross-border projects and investments across the Union and with its neighboring countries that are necessary for the energy transition and achievement of the climate targets;
– Improving infrastructure planning for energy system integration and offshore grids;
– Shortening permitting procedures for PCIs to avoid delays in projects that facilitate the energy transition;
– Ensuring the appropriate use of cost-sharing tools and regulatory incentives.

Additional information is available here.

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020

Published date: 10 Dec, 2020
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance

The European Union announced its intention to replace Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators [66/2006(EC)].

The proposal’s objectives are threefold:
1) strengthening the functioning of the internal market (including products, processes, waste batteries and recyclates), by ensuring a level playing field through a common set of rules;
2) promoting a circular economy; and
3) reducing environmental and social impacts throughout all stages of the battery life cycle.

The proposal introduces progressive requirements to minimize the carbon footprint over the life cycle of batteries. In this context, efforts to decrease the carbon footprint in the manufacturing process will indirectly lead to the promotion of renewable energy generation.

Additional information is available here.

 

Achieve comprehensive compliance with Nimonik

Nimonik exists to help organizations comply with regulatory requirements – leading to less environmental damage, better worker safety and higher quality products. We can help you with:

Document-Level Compliance Obligations

  • Access over 200,000 EHS regulations, standards and guidelines for global jurisdictions on our easy to use software, NimonikApp.
  • Receive alerts when applicable documents change or new ones get introduced.

Clause-Level Compliance Obligations

  • Access specific requirements in over 200,000 EHS regulations, standards and guidelines for global jurisdictions on our easy to use software, NimonikApp.
  • Receive alerts when the specific applicable requirements change or new ones get introduced.
  • Use the specific requirements as audit protocols to assess your compliance.

Audit and Inspection Software

  • Assess your compliance to industry standards, corporate policies, customer requests or any other set of requirements with our robust mobile and web auditing app, Nimonik Audit.

We promise:

  • accuracy and comprehensiveness of our regulatory content
  • rapid publication of regulatory changes
  • easy to use software
  • exceptional customer support
  • state of the art IT security

Contact us to discuss how you can achieve comprehensive compliance.