Here are a few noteworthy global EHS regulatory changes from May 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
- Canada – Alberta
- Canada – Ontario
- Canada – Newfoundland & Labrador
- United States – Federal
- United States – Illinois
- United States – New Jersey
- United States – New York
- United States – North Carolina
- United States – Pennsylvania
- United States – Utah
- United States – Washington
Canada – Federal
Amended Document – Canadian Environmental Protection Act, 1999
Amending Document – Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999
Amending Document – Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999
First Effective Date: 23 April 2021
Industry Sector: General Industry, Chemical Industry, Road Transportation, Forestry and Logging, Finance and Insurance, Construction, Utilities and Communications, Air Transportation, Office Spaces, Building Management and Maintenance
The amended document adds plastic manufactured items, defined as “any items made of plastic formed into a specific physical shape or design during manufacture, and have, for their intended use, a function or functions dependent in whole or in part on their shape or design [and] can include final products, as well as components of products,” and selenium and its compounds to the List of Toxic Substances in Schedule 1.
Canada – Alberta
Amended Document – Specified Gas Reporting Standard
Amending Document – Specified Gas Reporting Standard (Version 13.0) Amendments
First Effective Date: 19 April 2021
Industry Sector: General Industry, Building Management and Maintenance
Version 13.0 of this standard has been introduced. It details who is required to report specified gas emissions and how the information is collected. Facilities that are subject to reporting requirements under the Specified Gas Reporting Regulation must follow the requirements set out in this Standard.
A new version of this document has been announced. The new version, according to the Government of Alberta, notably (1) updates quantification method requirements for facilities regulated by Technology Innovation and Emissions Reduction (TIER) Regulation, and (2) eliminates requirements to report production amounts for products regulated in TIER.
Canada – Ontario
Amended document – Employment Standards Act
Amending document – COVID-19 Putting Workers First Act, 2021
First Effective Date: 29 April 2021
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance
The amended Act establishes an “infectious disease emergency leave pay” for employees who cannot perform their duties due to a designated infectious disease, including if there is a concern about workplace exposure to the infectious disease, and sets out provisions for the administration of this leave.
Canada – Newfoundland and Labrador
Amended Document – Management of Greenhouse Gas Reporting Regulations
Amending document – Management of Greenhouse Gas Reporting Regulations (Amendment)
First Effective Date: 30 April 2021
Industry Sector: General Industry
The amended document makes site visits no longer mandatory for a verification relating to the 2020 reporting period.
United States – Federal
Amended Document – 40 CFR 82 Subpart G Significant New Alternatives Policy Program
Amending document – Protection of Stratospheric Ozone: Listing of Substitutes Under the Significant New Alternatives Policy Program
First Effective Date: 7 June 2021
Industry Sector: General Industry
The amended document lists new substances as acceptable substitutes in the food refrigeration and air conditioning sectors, and removes Powdered Aerosol E from the list of fire suppression substitutes that are subject to use conditions.
United States – Illinois
New Principal Document – IAC Part 35-845 Standards for the Disposal of the Coal Combustion Residuals in Surface Impoundments
First Effective Date: 21 April 2021
Industry Sector: General Industry
This Part sets out requirements for the design, construction, operation, groundwater monitoring, corrective action, closure and post-closure care of surface impoundments containing Coal Combustion Residuals (CCR). CCR is commonly referred to as coal ash, and CCR surface impoundments are commonly referred to as coal ash ponds or coal ash pits. According to its content, this Part “applies to owners and operators of new and existing CCR surface impoundments, including any lateral expansions of CCR surface impoundments that dispose of or otherwise engage in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers. Unless otherwise provided in this Part, these requirements also apply to CCR surface impoundments located off-site of the electric utility or independent power producer.”
United States – New Jersey
Amended Document – NJAC Chapter 7-26D Remediation Standards
Amending document – NJAC Chapter 7-26D Remediation Standards 2021-05-17 Amendments
First Effective Date: 17 May 2021
Industry Sector: General Industry, Building Management and Maintenance
The amended document “[establishes] separate residential and nonresidential soil remediation standards for the ingestion-dermal and the inhalation exposure pathways,” “[creates] new soil remediation standards for the migration to ground water exposure pathway,” clarifies ground water and surface water remediation standards, “[adopts] new remediation standards for soil leachate (for the migration to ground water exposure pathway) and indoor air (for the vapor intrusion exposure pathway),” adopts remediation standards for exiting and new contaminants, “[expands] the availability of interim remediation standards to soil leachate, ground water, and indoor air,” and “[expands] the use of alternate remediation standards to include the new soil leachate and indoor air remediation standards.”
United States – New York
Amended Document – NYCL Article LAB-7 General Provisions
Amending document – AN ACT to amend the labor law, in relation to preventing occupational exposure to an airborne infectious disease
First Effective Date: 4 June 2021
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance
The amended document (1) requires employers to develop and implement an airborne infectious disease exposure prevention plan that is equivalent to or exceeding the requirements prescribed by a model infectious disease exposure prevention plan developed by the state, (2) requires employers to provide employees adequate access to the details of such a plan, and (3) prohibits employers from taking retaliatory action against an employee for refusing work or making a report with regards to an airborne infectious disease.
United States – North Carolina
Amended Document – NCAC Chapter 15A-18 Environmental Health
Amending document – NCAC Chapter 15A-18 Environmental Health 2021-05-03 Amendments
First Effective Date: 1 April 2021
Industry Sector: General Industry
The amended document revises requirements pertaining to the disinfection of water systems, childhood lead poisoning prevention, and private drinking water well sampling.
United States – Pennsylvania
New Principal Document – PC Chapter 25-903 Hydraulic Fracturing in Shale and Other Formations
First Effective Date: 31 May 2021
Industry Sector: General Industry
This Chapter incorporates by reference federal standards that establish conditions and restrictions on activities impacting the water resources of the Delaware River Basin. The federal standards notably prohibit high-volume hydraulic fracturing in hydrocarbon-bearing rock formations within the Delaware River Basin.
United States – Utah
New Principal Document – UAC Rule R68-11 Quarantine Pertaining to the Emerald Ash Borer
First Effective Date: 23 April 2021
Industry Sector: General Industry
This rule, according to the government, “provides guidelines governing the quarantine of emerald ash borer in the state. This includes identification of areas under quarantine, regulated articles, and restrictions, as well as exemptions to the quarantine and requirements to qualify for an exemption.”
United States – Washington
New Principal Document – Clean Fuel Standards
First Effective Date: 25 July 2021
Industry Sector: General Industry
This chapter provides a framework to limit the greenhouse gas (GHG) emissions from transportation fuels, and develop credits for activities that support reductions of GHG emissions from transportation. It includes certain registration requirements for certain producers, importers, distributors, and manufacturers of electric vehicles and of transportation fuel.
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