By: Sydney Sybydlo
Here are a few noteworthy global EHS regulatory changes from July 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 – Northwest Territories
- Canada – Quebec
- United States – Federal
- United States – California
- United States – New York
- United States – North Dakota
- United States – Minnesota
- United States – Texas
Canada – Federal
Amended Document – Canada Occupational Health and Safety Regulations
Amending Document – Regulations Amending the Canada Occupational Health and Safety Regulations (Part XI)
The amended document “[updates] the definition of a confined space based on the physical characteristics of the space,” adds hazardous confined spaces as a new subtype of confined spaces, imposes obligations for employers with respect to the identification and reassessment of confined spaces, recordkeeping, the determination that a confined space is a hazardous confined space, the monitoring of people entering hazardous confined spaces, and continuous atmospheric monitoring inside confined spaces, increases “the minimum level of oxygen in the air in a confined space to 19.5%, […requires] the employer to develop emergency procedures for all hazardous confined spaces,” and “[expands] the employer’s obligation towards those granted access to hazardous confined spaces to include contractors.”
New Principal Document – Formaldehyde Emissions from Composite Wood Products Regulations
This document establishes maximum formaldehyde emission levels for certain composite wood products, and prohibits the import or sale of certain of those products if they emit formaldehyde above the established limit. It also provides for the methodology to test formaldehyde emissions, as well as requirements respecting the frequency of such testing, third-party certification of compliance, product labelling, reporting and record-keeping.
Canada – Northwest Territories
First Effective Date: 30 June 2021
Industry Sector: General Industry
The amended document introduces restrictions on the use of drone technology in hunting game and migratory game, which do not apply to Aboriginal harvesters, and amends the list of prescribed Aboriginal organizations by adding the Deline Got’ine Government and the Nahanni Butte Dene Band, and removing the Fort Liard Métis Local #67.
Canada – Quebec
New Principal Document – Regulation respecting the traceability of excavated contaminated soils
This document implements traceability measures for soils containing contaminants from human activities. It notably sets out requirements for the owners of excavated contaminated soils, the carrier of the soils, and the managers of a site receiving such soils, such as requirements respecting mandatory registration, transportation tracking slips, and the tracking of contaminated soils.
United States – Federal
Amended Documents – 40 CFR 59 National Volatile Organic Compound Emission Standards for Consumer and Commercial Products, 40 CFR 60 Subpart JJJJ Standards of Performance for Stationary Spark Ignition Internal Combustion Engines, 40 CFR 88 Subpart A Emission Standards for Clean-Fuel Vehicles and others. See here for a more extensive list of amended documents.
Amending Document – Improvements for Heavy-Duty Engine and Vehicle Test Procedures, and Other Technical Amendments
First Effective Date: 29 July 2021
Industry Sector: General Industry
This amending document enacts changes to various pieces of legislation that regulate the implementation of air pollutant emission standards for engines, vehicles and mobile equipment. The changes are part of a suite of amendments that notably clarify and streamline test procedures for heavy-duty engines and vehicles, certification procedures for light-duty vehicles, heavy-duty vehicles, highway motorcycles, locomotives, marine engines, and stationary engines, and evaporative emission standards for nonroad equipment and portable fuel containers. According to the Federal Register, the change principally applies to ”companies that manufacture, sell, or import into the United States new heavy-duty engines or […] (certain types of) trucks, including combination tractors, vocational vehicles, and all types of buses. […] Vocational vehicles include municipal, commercial, and recreational vehicles. Additional amendments apply for different manufacturers of light-duty vehicles, light-duty trucks, highway motorcycles, stationary engines, and various types of nonroad engines, vehicles, and equipment.”
Amending Document – Health and Safety Data Reporting; Addition of 20 High-Priority Substances and 30 Organohalogen Flame Retardants
Amended Document – 40 CFR 716 Subpart A General Provisions
Amended Document – 40 CFR 716 Subpart B Specific Chemical Listings
This amending document enacts changes to requirements for the submission of lists and copies of health and safety studies on chemical substances and mixtures. The changes are part of a suite of amendments that require manufacturers and importers of 50 specified chemical substances to report certain lists and copies of unpublished health and safety studies to the federal government.
Amended Document – 50 CFR 17 Endangered and Threatened Wildlife and Plants
Amending Document – Endangered and Threatened Wildlife and Plants; Endangered Status for the Beardless Chinchweed and Designation of Critical Habitat
Amending Document – Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Neuse River Waterdog, Endangered Species Status for Carolina Madtom, and Designations of Critical Habitat
The amended document lists the beardless chinchweed (Pectis imberbis) and the Carolina madtom (Noturus furiosus) as endangered species, and lists the Neuse River waterdog (Necturus lewisi) as a threatened species. It also adds regulations to provide for the conservation of the Neuse River waterdog, and designates critical habitats for the three species.
United States – California
Amended Document – CCR Chapter 22-4.5-10 Hazardous Waste Management System: General
Amending Document – Listing Carpets & Rugs with PFASs as Priority Product
First Effective Date: 1 July 2021
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document adds carpets and rugs containing perfluoroalkyl or polyfluoroalkyl substances (PFASs) to the Priority Products List (list of consumer products that contains one or more chemicals that have a hazard trait that can harm people or the environment). The change notably adds notification and reporting requirements for domestic and foreign carpet and rug manufacturers whose products contain any member of the class of PFASs.
United States – New York
Amended Document – NYCRR Part 6-IV-A-326 Registration and Classifications of Pesticides
Amending document – Chlorpyrifos Prohibition
The amended document prohibits the distribution, sale, purchase, possession, and use of pesticides that contain the active ingredient chlorpyrifos.
United States – North Dakota
Amended Document – NDAC Article 33.1-24 Hazardous Waste Management
Amending Document – NDAC Article 33.1-24 Hazardous Waste Management 2021-07-01 Amendments
The amended document introduces new rules to regulate the storage, handling, and transportation of hazardous waste pharmaceuticals, and establish these rules’ applicability, updates various definitions related to universal waste, provides that certain nicotine replacement products are exempt from hazardous waste and hazardous constituency classifications, and sets out how the rules apply to aerosol cans for different classes of material handlers.
United States – Minnesota
Amended Document – MR Chapter LID-5205 Occupational Safety and Health Standards
Amending Document – Adopted Exempt Rules Adopting an Emergency Temporary OSHA Standard Relating to Occupational Exposure to COVID-19
First Effective Date: 19 July 2021
Industry Sector: General Industry
The amended document incorporates by reference a federal Emergency Temporary Standard with respect to occupational exposure to COVID-19.
United States – Texas
Amended Document – TAC Chapter 30-115 Control of Air Pollution from Volatile Organic Compounds
Amending Document – TAC Chapter 30-115 Control of Air Pollution from Volatile Organic Compounds 2021-07-16 Amendments
According to the government, the amended document establishes new rules for the inspection, testing, and control efficiency requirements for various types of equipment including “centrifugal compressors; reciprocating compressors; storage tanks (between the wellhead and custody transfer); pneumatic pumps; pneumatic controllers; natural gas processing plant fugitive emission components; and well site and gathering and boosting station fugitive emission components,” in certain nonattainment areas. It also establishes the applicability of and exemptions from the rules for various types of equipment.
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