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

By ,

Here are a few noteworthy EHS regulatory changes for Canada and the United States in October 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 – Newfoundland & Labrador

New Principal Document – COVID-19 Vaccine Regulations

First Effective Date: 17 December 2021
Industry Sector: General Industry, Building Management & Maintenance, Office Spaces

This Regulation establishes the responsibility of certain employers to ensure that on-site employees are fully vaccinated against COVID-19 (or have been granted a medical exemption) and related recordkeeping requirements. It also establishes the requirements for the documentation that employees must provide for their vaccination status.

Canada – Ontario

Amended Document – Greenhouse Gas Emissions Performance Standards
Amending Document – Amending O. Reg. 241/19 (Greenhouse Gas Emissions Performance Standards)

First Effective Date: 22 October 2021
Industry Sector: General Industry, Building Management & Maintenance, Office Spaces

The amended document supports “a smooth transition from the federal output-based pricing system (OBPS) to Ontario’s emissions performance standards program.” Changes to the document notably include changes to the definition of what constitutes the first compliance period and modify various references and requirements with respect to the first compliance period; the addition of a definition of what constitutes an EPS facility; the replacement of the part on the registration of facilities with a part on the registration of EPS facilities;  changes to the way excess emissions units are distributed and the cost of excess emissions units; allowance of the aggregation of reported amounts for facilities that are part of an EPS facility in certain situations; modification to the way compliance obligations are established in respect of the first compliance period; the addition of requirements respecting the transmission of information to the Director; modification and addition of various registration information; and the addition of various activities to the definition of industrial activities. Additional information is available here.

Canada – Saskatchewan

New Principal Document – The Employers’ COVID-19 Emergency Regulations

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

This Regulation applies to most employers and establishes that they may require employees to either be fully vaccinated against COVID-19 or provide valid negative COVID-19 tests at regular intervals. It also establishes the duties of the employee concerning testing for COVID-19.

United States – Federal

Amended Document – 50CFR-10 Subpart B Definitions
Amending Document – Regulations Governing Take of Migratory Birds; Revocation of Provisions

First Effective Date: 3 December 2021
Industry Sector: General Industry

The amended document removes references to prohibitions on the taking or killing of migratory birds, their nests, or their eggs as established by the Migratory Bird Treaty Act (MBTA), and returns “to implementing the MBTA as prohibiting incidental take.”

New Principal Document – 33 CFR 175 Subpart E Fire Protection Equipment

First Effective Date: 20 April 2022
Industry Sector: General Industry

This Subpart applies to recreational vessels that are propelled or controlled by propulsion machinery. It establishes requirements for the furnishing and maintenance of portable and/or fixed fire extinguishing equipment for different sizes and model years of vessels, as applicable.

United States – California

Amended Document – PRC Chapter 30-3-5.7 Plastic Products
Amending Document – An act to amend Sections 42356, 42356.1, and 42357 of, and to amend the heading of Chapter 5.7 (commencing with Section 42355) of Part 3 of Division 30 of, the Public Resources Code, relating to solid waste.

First Effective Date: 1 January 2022
Industry Sector: General Industry, Building Management & Maintenance, Office Spaces

The amended document replaces certain references to “plastic product” with “product,” which includes “a consumer product, as defined, a package or packaging component, a thin plastic sheet film product, and a food or beverage container;” prohibits the sale of products labelled as compostable, biodegradable, degradable, or decomposable unless the product meets certain specifications, is specifically certified as such, or meets a specified standard; provides that the sale of commercial agricultural mulch film labelled “soil biodegradable” may be permitted following the development of a relevant specification/certification; exempts certain fiber products that do not include plastics or polymers from compliance requirements to an ASTM standard, and revises the definition of what is considered a “supplier.”

Amended Document – LAB Chapter 5-1-3 Responsibilities and Duties of Employers and Employees
Amending Document – An act to amend Section 6325 of, and to amend and repeal Section 6409.6 of, the Labor Code, relating to occupational safety, and declaring the urgency thereof, to take effect immediately.

First Effective Date: 5 October 2021
Industry Sector: General Industry, Building Management & Maintenance, Office Spaces

The amended document clarifies that an employer’s responsibility to notify employees and subcontracted employees of potential COVID-19 exposure applies to employees who were on the premises at the same worksite as an employee who has tested positive for COVID-19 within the infectious period and adds definitions that clarify when this responsibility applies, requires employers to follow the Cal/OSHA COVID-19 Emergency Temporary Standards when cleaning and disinfecting a worksite, clarifies that a “worksite” does not include areas an employee worked alone without exposure to other employees and specifies that existing COVID-19 reporting requirements do not apply to certain classes of workplaces.

Amended Document – PRC Chapter 30-3-5.7 Plastic Products
Amending Document – An act to amend Sections 17580 and 17580.5 of the Business and Professions Code, and to amend Sections 18015 and 42355.5 of, and to add Section 42355.51 to, the Public Resources Code, relating to environmental advertising.

First Effective Date: 1 January 2022
Industry Sector: General Industry, Building Management & Maintenance, Office Spaces

The amended document prohibits the sale or distribution of products or packaging that have deceptive or misleading claims about the item’s recyclability, adds further restrictions on acceptable use of the chasing arrows symbol, requires manufacturers of consumer goods that display the chasing arrows symbol to maintain records supporting the validity of the representation (that the item is recyclable), and specifies criteria and requirements for products or packaging to be considered recyclable.

Amended Document – HSC Chapter 104-12-5 Water Equipment and Control
Amending Document – An act to add Section 116876 to the Health and Safety Code, relating to drinking water.

First Effective Date: 1 January 2022
Industry Sector: General Industry, Building Management & Maintenance

The amended document prohibits the manufacture and offering for sale endpoint devices that do not meet a certain lead leaching standard and introduces product packaging and labelling requirements for devices that meet the standard and given definition of “lead-free.”

United States – Indiana

Amended Document – IAC Article 326-10 Nitrogen Oxides Rules
Amending Document – Final Rule LSA Document #19-589(F)

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

The amended document permits owners and operators of large affected steam generating units to apply to use alternative monitoring methods for nitrous oxides (NOx) and establishes the information to be provided in the application as well as reporting and operational requirements for those using alternative monitoring methods. Monitoring and recordkeeping rules for units with common stack and multiple stack configurations are also revised.

United States – Iowa

Amended Document – IAC Chapter 875-91 General Requirements for All Objects
Amending Document – Rule making related to boilers and pressure vessels

First Effective Date: 24 November 2021
Industry Sector: General Industry

The amended document clarifies that reinstallations of objects (boilers and pressure vessels) do not need to comply with certain national standards, requires discharge piping (safety valves, safety relief valves, blowoff pipes etc.) to terminate at a safe point of discharge and be constructed in compliance with certain industry standards, limits the percentage of the manufacturer’s pressure-retaining boundary that may be replaced in repairs to unfired steam pressure vessels, introduces rules for plugging boiler tubes (that do not apply to tubes in headers of economizers, evaporators, superheaters, or reheaters), introduces requirements for equipment rooms, including clearances, room condition, exits, and carbon monoxide detectors, and incorporates by reference federal regulations for fall protection systems.

United States – Pennsylvania

Amended Document – PC Chapter 25-806 Review and Approval of Projects
Amending Document – Review and Approval of Projects

First Effective Date: 1 October 2021
Industry Sector: General Industry

The amended document updates “the requirements and standards for review of projects, amend[s] the rules dealing with groundwater withdrawals, and revise[s] the regulatory triggers related to grandfathered sources.”

Amended Document – PC Chapter 58-133 Wildlife Classification
Amending Document – Wildlife Classification; Birds

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

The amended document adds the northern goshawk (Accipiter gentilis) to the State’s list of endangered birds and deletes the peregrine falcon (Falco pereginus) from the State’s list of threatened birds.

United States –  Wisconsin

Amended Document – WAC Chapter NR-114 Certification Requirements for Waterworks, Wastewater Treatment Plant, Septage Servicing and Water System Operators
Amending Document – Order of the state of wisconsin natural resources board repealing, renumbering, renumbering and amending, amending, repealing and recreating and creating rules

First Effective Date: 1 October 2021
Industry Sector: General Industry

The amended document streamlines, clarifies, and provides more detail to existing requirements, and details “septage storage requirements and provide[s] additional options to businesses desiring to use septage storage.” Rules for septage storage facilities have been changed, as have the rules’ applicability and capacity thresholds. Clarifying amendments are made to definitions, and rules related to business operating requirements, licensing, vehicle inspections and servicing, disposal of septage, site and soil evaluations, application rates, and variances.

International Standards

New Principal Document – NFPA 10: Standard for Portable Fire Extinguishers 2022 edition

First Effective Date: 15 September 2021
Industry Sector: General Industry, Building Management & Maintenance, Office Spaces

This Standard applies to the selection, installation, inspection, maintenance, recharging, and testing of portable extinguishing equipment and certain extinguishing agents.

The 2022 edition “includes reorganization to sections pertaining to fire extinguisher selection which [provide] clarification on what type of extinguisher to use for a particular type of hazard,” clarifies visibility requirements for fire extinguishers and amends inspection requirements to ensure that proper visibility of extinguishers is maintained. Updates to labelling requirements “mandate detailed record-keeping in labels [and] maintenance sections now require that defective gauges [are] replaced and distorted cylinders condemned.” Finally, changes are made to electronic monitoring system maintenance requirements.

New Principal Document – NFPA 13: Standard for the Installation of Sprinkler Systems 2022 edition

First Effective Date: 15 September 2021
Industry Sector: General Industry, Building Management & Maintenance

This Standard sets out requirements for the installation of sprinkler systems. In particular, it covers sprinkler system design for automatic fire sprinkler systems and exposure protection sprinkler systems, installation, and component options to prevent fire deaths and property loss.

The 2022 edition uses “single point density design options for new [sprinkler] systems,” while existing systems may use the “density/area curves” for design options, updates various definitions, delineates “miscellaneous and low-piled storage requirements,” amends ESFR [Early Suppression, Fast Response] sprinkler location criteria, revises obstruction requirements, modifies “the process for determining whether freeze protection is needed […] to require the use of the lowest mean temperature for 1 day, obtained for an approved source, and no longer permits the use of the isothermal map, [and…] added [criteria] to address the protection of piping subject to mechanical damage,” and revises various tables throughout the storage chapters.

It also adds requirements for nitrogen generators, “considerations associated with water flow tests,” “supervision for dry pipe systems,” the use of intermediate temperature residential and quick response sprinklers, a new section “on small temporarily occupied spaces […] to address conditions where pods are installed,” obstruction criteria “for suspended or floor-mounted obstructions in ordinary hazard occupancies,” and criteria for multiple-row rack depth.

New Principal Document – NFPA 2001: Standard on Clean Agent Fire Extinguishing Systems 2022 edition

First Effective Date: 15 September 2021
Industry Sector: General Industry, Building Management & Maintenance

This Standard contains requirements for the design, installation, approval, and maintenance of total flooding and local application clean agent fire-extinguishing systems that use certain gaseous agents. It applies to those who purchase, design, install, test, inspect, approve, operate, and maintain engineered or pre-engineered gaseous agent fire suppression systems.

The 2022 edition “incorporates several major structural changes and new chapters,” and creates a new chapter (entitled General Requirements), moves certain provisions to more clearly identify which requirements apply to flooding systems or local application systems, adds a new chapter on impairment and a new annex on storage containers for vaporizing-liquid agents, updates “design criteria for a new clean agent (Halocarbon Blend 55, or HB-55) and 60-bar FK-5-1-12 systems,” clarifies “terminology and requirements for clean agent design concentrations,” adds “new information on clean agent purity and the potential toxicity of impurities,” updates “pressure curves for HFC-125 [Hydroflorocarbon 125],” updates “total flooding quantity tables for inert gas agents,” and requires designers “to consider the potential effects of acoustic noise produced by the clean agent system where noise-sensitive equipment is present.”

Achieve comprehensive compliance with Nimonik

Nimonik exists to help organizations comply with regulatory requirements – leading to less environmental damage, better worker safety and higher quality products. We can help you with:

Document-Level Compliance Obligations

  • Access over 200,000 EHS regulations, standards and guidelines for global jurisdictions on our easy to use software, NimonikApp.
  • Receive alerts when applicable documents change or new ones get introduced.

Clause-Level Compliance Obligations

  • Access specific requirements in over 200,000 EHS regulations, standards and guidelines for global jurisdictions on our easy to use software, NimonikApp.
  • Receive alerts when the specific applicable requirements change or new ones get introduced.
  • Use the specific requirements as audit protocols to assess your compliance.

Audit and Inspection Software

  • Assess your compliance to industry standards, corporate policies, customer requests or any other set of requirements with our robust mobile and web auditing app, Nimonik Audit.

We promise:

  • accuracy and comprehensiveness of our regulatory content
  • rapid publication of regulatory changes
  • easy to use software
  • exceptional customer support
  • state of the art IT security

Contact us to discuss how you can achieve comprehensive compliance.