Proposed EHS regulatory changes – July 2021

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This is a list of select proposed EHS regulatory changes in Canada and the 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

Manitoba

Engaging Manitobans on Water Management

Published date: 13 July 2021
Industry Sector: General Industry

The Government of Manitoba has announced its intention to develop a new water strategy to “ensure effective and sustainable management of [its] water resources.”

They are seeking feedback on the proposed framework, which highlights the vision statement, guiding principles and key focus areas of the strategy, which includes “focus on conservation of wetlands, enhancing resiliency, improving water quality, managing nutrients, protecting biodiversity and sustaining economic development.”

Interested parties may submit ideas or complete the Water Strategy Survey until 13 August 2021.

Additional information is available here.

Ontario

Harmonization of Head Protection Requirements under the Occupational Health and Safety Act

Published date: 9 July 2021
Industry Sector: General Industry

The Government of Ontario announced its intention to “harmonize head protection requirements across all workplaces that fall under the Occupational Health and Safety Act” and “to move to a performance-based approach.”

According to the Ontario Government, the changes would notably require that “in every situation in which there is a hazard of head injury, the protective headgear chosen […] be appropriate to protect the worker”; and “allow workplaces the flexibility to consider other ways to address head injury hazards, for instance by eliminating the hazard or controlling it by using engineering or administrative means.”

Interested persons are invited to make comments by 10 September 2021.

Additional information is available here.

Quebec

Compensation for adverse effects on wetlands and bodies of water and other regulatory provisions—Amendment

Published date: 7 July 2021
Industry Sector: General Industry, Building Management & Maintenance

The Government of Quebec announced its intention to modify the rules respecting the compensation regime for activities causing adverse effects on wetlands and water bodies.

According to the Quebec Government, the changes would notably add “details for certain activities exempted from the payment of a financial contribution,” add new activities to the list of activities exempted from the payment of a financial contribution, modify the activities “for which the payment of a financial contribution may be replaced by work to restore or create wetlands and bodies of water,” add new activities to the list of activities“ for which the payment of a financial contribution may be replaced by work to restore or create wetlands and bodies of water,” specify the content of a plan to complete the work to restore or create wetlands and bodies of water, adjust “the parameters used to calculate the amount of the financial contribution,” add “new activities eligible for a declaration of compliance” under the Environment Quality Act (RSQ,cQ-2), and add new activities exempted from the requirement to obtain a ministerial authorization under the Environment Quality Act (RSQ,cQ-2).

These changes would be implemented by amending the Regulation respecting compensation for adverse effects on wetlands and bodies of water (CA-QC-CQLRcQ-2,r9.1), the Regulation respecting sand pits and quarries (CA-QC-OC236-2019), and the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (CA-QC-OC871-2020(1)).

Interested persons are invited to submit comments until 21 August 2021.

Additional information is available here.

Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks

Published date: 23 June 2021
Industry Sector: General Industry, Building Management & Maintenance

The Government of Quebec announced its intention to “[implement] a temporary framework for the management of bodies of water to replace the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (RRQ,cQ-2,r35) and [to terminate] the special planning zone” created in 2019.

According to the Quebec Government, the changes would notably make “certain activities subject to the issuance of an authorization by the relevant municipality for work, constructions or other interventions carried out in bodies of water, and [set] the conditions that apply to an application for authorization,” determine “flood zones subject to the new framework until the boundaries of flood zones are established,” modify existing standards and add new standards with respect “to work, constructions and other interventions carried out in bodies of water,” modify the conditions applicable to “activities carried out in bodies of water and adds new activities eligible for a declaration of compliance [under] the Environment Quality Act as well as new activities exempted from ministerial authorization,” and allow “the spreading of pesticides and fertilizer in certain bodies of water and […] set conditions for such activities.”

These changes would be implemented by enacting the new Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks, by repealing the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (RRQ,cQ-2,r35), and by amending the following regulations: the Regulation respecting activities in wetlands, bodies of water and sensitive areas (CA-QC-OC871-2020(4)); the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (CA-QC-OC871-2020(1)); the Agricultural Operations Regulation (RRQ,cQ-2,r26); and the Pesticides Management Code (RRQ,cP-9.3,r1).

Additional information is available here.

United States

Federal

TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances

Publised date: 28 June 2021
Industry Sector: Chemicals Industry

The United States government is proposing new reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS). PFAS are synthetic organic compounds used in a variety of consumer and industrial products. According to the Federal Register, the proposed change would notably “require certain persons that manufacture (including import) or have manufactured these chemical substances in any year since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards.”

Comments must be received on or before 27 August 2021.

Additional information is available here.

Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Northern Spotted Owl

Published date: 20 July 2021
Industry Sector: General Industry

The United States Fish and Wildlife Service is proposing to revise the designated critical habitat for the northern spotted owl (Strix occidentalis caurina). The proposed change would withdraw a previously published rule that would have excluded approximately 3.4 million acres of designated critical habitat for the northern spotted owl. Instead, the federal government is proposing to revise the species’ designated critical habitat by excluding approximately 204,797 acres (82,879 hectares) in Benton, Clackamas, Coos, Curry, Douglas, Jackson, Josephine, Klamath, Lane, Lincoln, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties, Oregon.

Comments must be received on or before 20 September 2021.

Additional information is available here.

 

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