Top global EHS regulatory changes – April 2021

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Here are a few noteworthy global EHS regulatory changes from April 2021. We cover EHS legislation and standards for over 100 countries and 200 jurisdictions. If you would like to track legislative changes for specific regions, countries or jurisdictions, we are happy to help. Please send us a request for more information here and we will contact you shortly.

Canada – Federal

New Principal Document – Marine Safety Fees Regulations

First Effective Date: 1 April, 2021
Industry Sector: Water Transportation

These Regulations set out the applicable fees for various marine safety inspections, including inspections of marine cargo, bulk and/or packaged dangerous goods, shippers’ procedures for cargoes that may liquefy, tank prewash operations, and foreign vessels.

New Principal Document – Description of critical habitat of the Red-headed Woodpecker in Point Pelee National Park of Canada and Riding Mountain National Park of Canada

First Effective Date: 9 July, 2021
Industry Sector: General Industry

This document announces that certain territories, notably territories situated in Point Pelee National Park and Riding Mountin National Park of Canada, are identified as critical habitats for the Red-headed Woodpecker are protected under the Species at Risk Act (SC2002,c29).

Amended Document – Marine Liability and Information Return Regulations
Amending document – Regulations Amending the Marine Liability and Information Return Regulations (Exporters)
Amending document – Regulations Amending the Marine Liability and Information Return Regulations (Certain Fees)

First Effective Date: 1 April, 2021
Industry Sector: General Industry, Water Transportation

The amended regulations require certain exporters of persistent and non-persistent oil to report the total quantities they have exported in bulk as cargo on a ship annually, and set out what information must be included in either type of report. They also introduce fees that must accompany an application for a marine insurance certificate.

 

Canada – Alberta

Amended Document – Directive 065: Resources Applications for Oil and Gas Reservoirs
Amending Document – 
Bulletin 2021-14: Changes To Well Spacing Requirements

First Effective Date: 9 April, 2021
Industry Sector: Oil and Gas Industry

The amended directive removes set limits on well densities, and provides that the Alberta Energy Regulator may limit the number of wells that may be produced in a drilling spacing unit, to align the Directive with recent changes to the Oil and Gas Conservation Rules.

 

Canada – Ontario

Amended document – Water Taking
Amending document – Amending O. Reg. 387/04 (Water Taking and Transfer)

First Effective Date: 1 April, 2021
Industry Sector: General Industry

The amended regulation takes into consideration whether a water source is under stress instead of whether it is located in a high use watershed or in a medium use watershed, during the evaluation of certain applications relating to water taking, the priorities of water use during the evaluation of certain applications relating to water taking, and set out these priorities of water use; and remove the provision respecting high use watersheds.

 

United States –  Federal

Amended Document – 40 CFR 80 Subpart M Renewable Fuel Standard
Amending document – Extension of 2019 and 2020 Renewable Fuel Standard Compliance and Attest Engagement Reporting Deadlines

First Effective Date: 30 March, 2021
Industry Sector: General Industry

The amended document extends the deadlines for submitting attest engagement reports under the Renewable Fuel Standard program. According to the Federal Register, “(entities) potentially affected by this (change) […] are those involved with the production, distribution, and sale of transportation fuels, including gasoline, diesel, and renewable fuels such as ethanol, biodiesel, renewable diesel, and biogas.”

Amended Document – 50 CFR 17 Endangered and Threatened Wildlife and Plants
Amending document – Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo

First Effective Date: 21 May, 2021
Industry Sector: General Industry

The amended document designates critical habitat for the western distinct population segment of the yellow-billed cuckoo (western yellow-billed cuckoo) (Coccyzus americanus). In total, approximately 298,845 acres (120,939 hectares) are now being designated as critical habitat in Arizona, California, Colorado, Idaho, New Mexico, Texas, and Utah.

Amending document – Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Yellow Lance

First Effective Date: 10 May, 2021
Industry Sector: General Industry

The amended document designates critical habitat for the yellow lance (Elliptio lanceolata), a species of freshwater mussel. According to the Federal Register, “(in) total, approximately 319 river miles (514 kilometers) fall within 11 units of critical habitat in Franklin, Granville, Halifax, Johnston, Nash, Vance, Wake, and Warren Counties, North Carolina; Brunswick, Craig, Culpeper, Dinwiddie, Fauquier, Louisa, Lunenburg, Madison, Nottoway, Orange, and Rappahannock Counties, Virginia; and Howard and Montgomery Counties, Maryland.”

Amending document – Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Candy Darter

First Effective Date: 7 May, 2021
Industry Sector: General Industry

The amended document designates critical habitat for the candy darter (Etheostoma osburni), a species of fish. According to the Federal Register, (in) total, approximately 593 stream kilometers (368 stream miles) in Virginia and West Virginia fall within the boundaries of the critical habitat designation.

United States – New York

Amended document – NYCL Article LAB-7 General Provisions
Amending document – marihuana regulation and taxation act

First Effective Date: 31 March, 2021
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance

The amended document clarifies that employers may not discriminate against individuals (e.g., refusing to hire, discharge from employment) for their legal consumption of cannabis products while not at work, unless the employer’s actions were required by government, the employee displayed articulable symptoms of impairment that lessened their performance or posed a safety risk, or the employer’s actions may violate federal law or would result in the loss of a federal contract or federal funding.

Amended Document – NYCL Article PBH-13-E Regulation of Smoking and Vaping in Certain Public Areas
Amending Document – marihuana regulation and taxation act

First Effective Date: 31 March, 2021
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance

The amended document revises the definition for “smoking”, and clarifies that smoking and vaping restrictions shall not apply to authorized adult-use on-site cannabis consumption premises (which may only permit the smoking or vaping of cannabis).

 

Peru

New Principal Document – Supreme Decree No. 006-2021-TR Approve the Regulation of collective bargaining and minimum working conditions of Law No. 31110, Law of the agrarian labor regime and incentives for the agricultural and irrigation, agro-export and agro-industrial sectors, which consists of three ( 03) chapters, twenty-five (25) articles, three (03) final supplementary provisions, one (01) transitory supplementary provision and one (01) amending supplementary provision, which forms an integral part of this Supreme Decree as Annex

Published Date: 30 March, 2021
Industry Sector: Agricultural Industry 

This legislation sets out working conditions provisions for the agricultural sector. It notably contains requirements for the transfer of workers to the workplace; feeding and dining rooms; rest areas and hygiene commodities; safety and maintenance machinery, equipment and tools; personal protective equipment; use and handling of agrochemical products; and emergency plans.

Argentina

New Principal document – Resolution 110/2021 Establish the procedure for importing and exporting the chemical products detailed in the following article, which are subject to Prior Informed Consent (cfp) in accordance with Law No. 25,278, which approves the Rotterdam Convention on the Consent Procedure Previously Grounded Applicable to Certain Pesticides and Hazardous Chemicals in International Trade.

First Effective Date: 29 April, 2021
Industry Sector: General Industry

This legislation notably sets out procedures for importing and exporting certain chemical products.

 

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