Top EHS regulatory changes for Canada and the United States – August 2021

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Here are a few noteworthy EHS regulatory changes for Canada and the United States in August 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 – British Columbia

Amended Document – Occupational Health and Safety Regulation
Amending Document – Occupational Health and Safety Regulation 2021-07-19 Amendments

First Effective Date: 1 December 2021
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document makes a number of changes to the conduct of blasting work and handling of explosives. The changes notably (1) update the language of the regulations to reflect changes in blasting technologies and associated safe work practices; (2) ensure consistency with federal law; (3) require a written plan before the start of blasting works; (4) limit personal blasting logs to the preceding 5 years; (5) require that “technical data sheets and manufacturer’s instructions to be readily available to workers” at a worksite where explosives or blasting accessories are used in a blasting operation”; (6) require candidates for a blaster’s certificate to pass a background check and set out continuing professional development obligations for certified blasters; (7) modify the requirements with respect to the storage and transportation of explosives; (8) prohibit the use of igniter cords, as well as the use of safety fuse assemblies in underground workings; (10) require that “anomalous drill holes [be] clearly marked at the worksite and documented in a detailed report”; (11) allow the use of electric detonators and electric igniters in certain environment and at certain conditions; (12) modify requirements respecting misfires, underwater blasts, and notification for certain activities; (13) add provisions respecting blasting in close proximity to potentially occupied structures; and (14) adopt requirements specifically for arborist activities.

Canada – Newfoundland and Labrador

Amended Document – Endangered Species List Regulations
Amending Document – Endangered Species List Regulations (Amendment)

First Effective Date: 30 July 2021
Industry Sector: General Industry

The amended document adds the Gypsy Cuckoo Bumble Bee (Bombus bohemicus) to the list of species designated as endangered, and adds Black Ash (Fraxinus nigra), Hudsonian Godwit (Limosa haemastica), Suckley’s Cuckoo Bumble Bee (Bombus suckleyi), and Wrinkled Shingle Lichen (Pannaria lurida) to the list of species designated as threatened.

United States – Federal

Amended Document – 50 CFR 17 Endangered and Threatened Wildlife and Plants
Amending Document – Endangered and Threatened Wildlife and Plants; Removing Arenaria cumberlandensis (Cumberland Sandwort) From the Federal List of Endangered and Threatened Plants

First Effective Date: 15 September 2021
Industry Sector: General Industry

The amended document removes the Cumberland sandwort (Arenaria cumberlandensis) from the Federal List of Endangered and Threatened Plants. Accordingly, certain prohibitions and conservation measures no longer apply to this species.

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 Georgetown and Salado Salamanders

First Effective Date: 17 September 2021
Industry Sector: General Industry

The amended document designates the critical habitat for the Georgetown salamander (Eurycea naufragia) and Salado salamander (Eurycea chisholmensis). A total of approximately 1,315 acres (538 hectares) of critical habitat is designated for these species in Bell and Williamson Counties, Texas.

Amended Document – 50 CFR 17 Endangered and Threatened Wildlife and Plants
Amending Document – Endangered and Threatened Wildlife and Plants; Endangered Species Status for Franklin’s Bumble Bee

First Effective Date: 23 September 2021
Industry Sector: General Industry

The amended document lists the Franklin’s bumble bee (Bombus franklini), an invertebrate species from Douglas, Jackson, and Josephine Counties in Oregon, and Siskiyou and Trinity Counties in California, as an endangered species.

Amended Document – 40 CFR 82 Subpart A Production and Consumption Controls
Amending Document – Protection of Stratospheric Ozone: Extension of the Laboratory and Analytical Use Exemption for Essential Class I Ozone-Depleting Substances

First Effective Date: 22 September 2021
Industry Sector: General Industry

According to the Federal Register, the amended document “revise[s] regulations governing the production and import of […] ozone-depleting substances in the United States to indefinitely extend the global essential laboratory and analytical use exemption. This exemption currently expires on December 31, 2021, and this final action allows for continued production and import of […] substances in the United States solely for laboratory and analytical uses that have not been identified by the Environmental Protection Agency as nonessential.”

United States – Colorado

Amended Document – CCR Rule 1001-9 Regulation Number 7 Control of Ozone via Ozone Precursors and Control of Hydrocarbons via Oil and Gas Emissions
Amending Document – CCR Rule 1001-9 Regulation Number 7 Control of Ozone via Ozone Precursors and Control of Hydrocarbons via Oil and Gas Emissions 2021-08-25 Amendments

First Effective Date: 14 September 2021
Industry Sector: General Industry

According to the government, the amended document “include[s] provisions that require the implementation of RACT [Reasonably Available Control Technology] for process heaters at major sources of NOx, […] and revise[s] the metal surface coating provisions to correspond to recommendations in [the Environmental Protection Agency’s] more recent metal coating Control Techniques Guideline.”

United States – Ohio

Amended Document – OAC Chapter 3745-104 Accidental Release Prevention Program
Amending Document – OAC Chapter 3745-104 Accidental Release Prevention Program 2021-07-26 Amendments

First Effective Date: 5 August 2021
Industry Sector: General Industry

The amended document includes applicability requirements for facilities to comply with certain emergency response provisions, requires “facilities to coordinate with local emergency responders or to develop an emergency response program for facilities with processes that could affect public and environmental receptors,” amends terminology for material safety data sheet to correspond with federal language, includes annual “coordination efforts with local emergency planning agencies,” introduces emergency response exercise requirements, and clarifies facilities’ response capabilities in their submitted Risk Management Plans.

United States – Texas

New Principal Document – 2021 Multi-Sector General Permit (MSGP)

First Effective Date: 14 August 2021
Industry Sector: General Industry

This Permit allows facilities to discharge stormwater (associated with industrial activity) to surface waters within Texas, provided that they follow effluent limitations, monitoring requirements and other conditions set forth within the general permit. The provisions contain a list of eligible discharges, limitations on permit coverage, obtaining discharge authorization and other industrial requirements (inspections, monitoring, limitations and recordings).

United States –  Wisconsin

Amended Document – WS Chapter 287 Solid Waste Reduction, Recovery and Recycling
Amending Document – AN ACT to renumber and amend 287.17 (1) (k) and 287.17 (1) (np); to amend 287.13 (5) (i), 287.17 (1) (b), 287.17 (1) (c), 287.17 (1) (e), 287.17 (1) (eg) 1. (intro.), 287.17 (1) (eg) 1. b., 287.17 (1) (eg) 2., 287.17 (1) (em) (intro.), 287.17 (1) (gs) (intro.), 287.17 (1) (L), 287.17 (1) (m), 287.17 (1) (n), 287.17 (2) (a) (intro.), 287.17 (2) (a) 4., 287.17 (2) (c) 1., 287.17 (2) (c) 2., 287.17 (3) (a) (intro.), 287.17 (3) (b) (intro.), 287.17 (3) (e), 287.17 (4) (b) 1., 287.17 (4) (b) 2., 287.17 (4) (b) 3., 287.17 (4) (bm), 287.17 (4) (d) (intro.), 287.17 (4) (d) 1., 287.17 (4) (f) 1., 287.17 (4) (f) 2., 287.17 (5) (a) 1. (intro.), 287.17 (5) (a) 1. a., 287.17 (5) (a) 1. b., 287.17 (5) (a) 1. c., 287.17 (5) (a) 3., 287.17 (5) (b), 287.17 (7) (a) 1. (intro.), 287.17 (7) (a) 2., 287.17 (7) (b), 287.17 (8) (a) 1. (intro.), 287.17 (8) (a) 2., 287.17 (8) (b) 1., 287.17 (8) (b) 2. (intro.), 287.17 (9), 287.17 (9m), 287.17 (10) (a), 287.17 (10) (c) 1. d., 287.17 (10) (d) (intro.), 287.17 (10) (j) and 287.17 (10) (k); and to create 287.17 (1) (k) 1., 287.17 (1) (k) 2., 287.17 (1) (k) 3., 287.17 (1) (pg), 287.17 (4) (b) (intro.), 287.17 (4) (be), 287.17 (5) (a) 1m. and 287.17 (10) (fm) of the statutes; relating to: changes to the electronic waste recycling program and granting rule-making authority.

First Effective Date: 8 August 2021
Industry Sector: General Industry

The amended document expands the definition of “covered schools” for electronic recycling programs, restricts the types of consumer printers covered in the electronic recycling program, increases the threshold for manufacturers required to pay a registration fee for certain electronic devices sold, requires manufacturers to report the weight of electronics collected from rural and urban countries separately, and introduces a transitional period for the increase of various registration fees for electronics.

Amended Document – WS Chapter 30 Navigable Waters, Harbors and Navigation
Amending Document – AN ACT to repeal 30.2065 (1) and 30.2065 (2) (title); to renumber and amend 30.2065 (2); and to create 30.2065 (1g) of the statutes; relating to: a general permit for hydrologic restoration projects.

First Effective Date: 8 August 2021
Industry Sector: General Industry, Water Transportation Industry

The amended document creates a new permit class that authorizes wetland, stream, and floodplain restoration and management activities that would result in an improvement in hydrologic connections, conditions, and functions.

International Standards

New Principal Document – NFPA 15: Standard for Water Spray Fixed Systems for Fire Protection 2022 edition

First Effective Date: 16 December 2020
Industry Sector: General Industry

This standard contains requirements for the design, installation, and system acceptance testing of water spray fixed systems for fire protection. It also contains requirements for the periodic testing and maintenance of ultra high-speed water spray fixed systems.

New Principal Document – NFPA 1142: Standard on Water Supplies for Suburban and Rural Firefighting 2022 edition

First Effective Date: 13 June 2021
Industry Sector: General Industry, Building Management & Maintenance

This standard identifies a method of determining the minimum water supply necessary for structural fire-fighting purposes in areas where it has been determined that there is no water or inadequate water for fire fighting.

Amended Document – MARPOL Consolidated Edition
Amending Document – Marine Environment Protection Committee (MEPC 76), 10 to 17 June 2021 (remote session)

First Effective Date: 1 November 2022
Industry Sector: General Industry, Road Transportation Industry

The amended document requires ships of at least 400 gross tonnages to calculate their Energy Efficiency Existing Ship Index (indicates the energy efficiency of the ship compared to a baseline), and requires ships of at least 5000 gross tonnages to establish their annual operational carbon intensity indicator (CII) and CII rating (links greenhouse gas emissions to the transport work of ships). Other amendments introduce a prohibition on the use and carriage for use as fuel of heavy fuel oil by ships in Arctic waters.

 

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