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

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Here are a few noteworthy EHS regulatory changes for Canada and the United States in December 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 – Manitoba

Amended Document – The Workers Compensation Act
Amending Document – The Workers Compensation Amendment Act

Published Date: 2 December 2021
Industry Sector: General Industry

The amended document will include five additional primary site cancers (thyroid cancer, pancreatic cancer, ovarian cancer, cervical cancer, penile cancer) to the list of injuries to firefighters and associated at-risk personnel that are eligible for workers’ compensation coverage.

Canada – Prince Edward Island

New Principal Document – Workers Compensation Act
Amending Document – An Act to Amend the Workers Compensation Act

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

The amended document will revise the definition of “worker” to include persons who work under a contract of service contract or apprenticeship, require that pre-existing conditions at the time of an accident causing personal injury to a worker are treated equally to the accident-related injury with respect to compensation, and clarify the return-to-work and re-employment provisions for the contruction industry.

Canada – Yukon

New Principal Document – High Risk Setting COVID-19 Vaccination Policy Regulation

First Effective Date: 30 November 2021
Industry Sector: General Industry, Healthcare Industry, Public Administration & Institutions

This Regulation requires certain employers in healthcare and high-risk settings to establish a COVID-19 vaccination policy requiring employees, volunteers, and contractors to provide an attestation or proof of vaccination or a valid exemption. It establishes the required components of a vaccination policy, including accommodations for exemptions, consequences for failure to comply with the policy, and requirements for persons to whom the policy applies.

Canada – Nova Scotia

New Principal Document – Environmental Goals and Climate Change Reduction Act

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

This Act creates “a plan to guide Nova Scotia toward a cleaner, healthier environment.” It establishes the Government’s greenhouse gas emissions reduction targets and goals for climate change mitigation and adaptation, transportation, land protection, water and air quality, environmental assessments, sustainable procurement, aquaculture and food, growth of the circular economy, and business, training and education supports, as well as the Government’s regulation-making authority for achieving these goals. It also establishes the Sustainable Communities Challenge Fund and a “Climate Change Plan for Clean Growth.” It also replaces the Environmental Goals and Sustainable Prosperity Act.

Canada – Quebec

Amended Document – Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact
Amending Document – Regulation to amend mainly the Regulation respecting compensation for adverse effects on wetlands and bodies of water and other regulatory provisions

First Effective Date: 31 December 2021
Industry Sector: General Industry, Building Management & Maintenance

The amended document adds “new activities eligible for a declaration of compliance pursuant to [the] Environment Quality Act (chapter Q-2) and new activities exempted from the [requirement to obtain a ministerial authorisation under the Environment Quality Act].”

Amended Document – Regulation respecting compensation for adverse effects on wetlands and bodies of water
Amending Document – Regulation to amend mainly the Regulation respecting compensation for adverse effects on wetlands and bodies of water and other regulatory provisions

First Effective Date: 31 December 2021
Industry Sector: General Industry

The amended document specifies that the regulation applies to activities subject to ministerial authorization under the Environment Quality Act, adds “details for certain activities exempted from the payment of a financial contribution to compensate for adverse effects on wetlands and bodies of water, and adds new activities,” makes “changes to the activities for which the payment of a financial contribution may be replaced by work to restore or create wetlands and bodies of water, and adds new activities,” specifies “the contents of the plan for completing the work” where it is possible to replace the payment of a financial contribution by work to restore or create wetlands and bodies of water, and adjusts “the parameters used to calculate the amount of the financial contribution to better reflect the reality of development in Québec’s boreal regions and the abundance of wetlands in those regions.”

New Principal Document – Regulation respecting oil-fired heating appliances

First Effective Date: 31 December 2021
Industry Sector: Building Management & Maintenance, Construction Industry

This regulation gradually prohibits the installation and repair of certain space and water heaters powered in whole or in part by oil in certain new and existing residential buildings.

United States – Arizona

Amended Document – AAC Chapter 18-13 Department of Environmental Quality – Solid Waste Management
Amending Document – AAC Chapter 18-13 Department of Environmental Quality – Solid Waste Management 2021-12-03 Amendments

First Effective Date: 4 January 2022
Industry Sector: General Industry, Office Spaces

The amended document revises the definition of “biohazardous medical waste” (BMW) for clarity and to include additional types of human pathological waste, tattoo and body modification waste, and trauma scene waste and revises the definition of “chemotherapy waste” for clarity. It provides that persons in possession of radioactive medical waste that is regulated by a state or federal agency are exempt from Arizona hazardous waste management rules, incorporates by reference federal regulations concerning recordkeeping and labelling for BMW transportation, clarifies refrigeration requirements for BMW that is set out for collection, updates the application processes and associated fees for new and renewed hazardous waste transporter licenses, implements transportation and disposal timeframes for BMW depending on whether the waste is putrescible and/or refrigerated, updates facility design, BMW storage, and recordkeeping requirements for operators of department-approved hazardous waste treatment facilities, and clarifies which types of medical sharps are considered BMW for disposal purposes.

United States – Colorado

Amended Document – CCR Rule 1001-26 Regulation Number 22 Colorado Greenhouse Gas Reporting and Emission Reduction Requirements
Amending Document – CCR Rule 1001-26 Regulation Number 22 Colorado Greenhouse Gas Reporting and Emission Reduction Requirements 2021-11-25 Amendments

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

The amended document includes a “new section for [the] Greenhouse Gas Emissions and Energy Management Program for Industrial Manufacturers (GEMM) in Colorado to conduct an audit of their operations every five years to determine whether they are using the best available technologies and the best available energy efficiency practices to reduce GHG emissions.”

United States – Connecticut

Amended Document – CR Subtitle 22a-449(d) Underground Storage Tank System Management
Amending Document – Regulation of the Department of Energy and Environmental Protection Concerning Underground Storage Tanks

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

The amended document updates references to federal regulations concerning underground storage tanks (USTs) subject to licensure by the Nuclear Regulatory Commission, clarifies exemptions from UST regulations for certain USTs, removes “the partial exemption for USTs storing fuel for use by emergency power generators [and] for airport fuel hydrant systems and field constructed USTs and prohibit the use of such USTs,” and prohibits the “use of a flow restrictor in vent lines as a means to restrict flow into a UST to prevent over-filling.” It also adds requirements for (1) the testing of all double-walled USTs every three years “to ensure that there is no release for loss of liquids from such tanks,” (2) spill prevention equipment to satistfy certain requirements, including that they are tested every three years and that records are kept of equipment’s compliance with those requirements, (3) “a demonstration of compatibility for USTs storing greater than ten percent ethanol or greater than twenty percent biodiesel,” and (4) “testing of repaired spill prevention and overfill prevention equipment.”

United States – Oregon

Amended Document – OAR Division 340-218 Oregon Title V Operating Permits
Amending Document – Cleaner Air Oregon Air Toxics Alignment and Updates Rulemaking

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

The amended document replaces references to “air toxics” with “toxic air contaminants”, replaces references to “ambient benchmarks” with “ambient benchmark concentrations”, and removes ambient benchmark criteria from the rule.

New Principal Document – OAR Division 340-247 Health Risk-Based Air Quality Standards for Toxic Air Contaminants

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

This document lists air contaminants that are a priority for investigation in Oregon and health risk-based standards for toxic air contaminants. It also establishes the process for setting and updating these values (also known as toxicity reference values (TRVs). The information in this document is used to inform certain air quality programs in the state (notably OAR Division 340-245 Cleaner Air Oregon and OAR Division 340-246 Oregon State Air Toxics Program).

United States –  Wisconsin

Amended Document – WS Chapter 289 Solid Waste Facilities
Amending Document – An Act to amend 289.43 (8) (title) and 289.54 (2); and to create 289.43 (8) (d), 289.63 (6) (e), 289.64 (4) (e), 289.645 (4) (i) and 289.67 (1) (fp) of the statutes; relating to: requirements and exemptions relating to materials dredged from Great Lakes, extending the time limit for emergency rule procedures, and providing an exemption from emergency rule procedures.

First Effective Date: 1 July 2022
Industry Sector: General Industry

The amended document establishes conditions under which a facility for the disposal of material dredged from Lake Michigan, Lake Superior, or their adjacent bays and harbours may be exempted from regulation (requiring a state operating licence and the submission of an operating plan), removes the minimum concentration of polychlorinated biphenyls (PCBs) or heavy metals in dredged materials that may be accepted by solid waste disposal facilities, and exempts soils and dredged sediments from certain fees.

Amended Document – WS Chapter 23 Conservation
Amending Document – An Act to repeal 23.33 (4) (e) 3. a., 23.33 (4) (e) 3. b., 350.02 (2) (b) 4. a. and 350.02 (2) (b) 4. c.; to renumber and amend 23.33 (4) (e) 3. (intro.) and 350.02 (2) (b) 4. (intro.); and to amend 23.33 (1) (d), 350.01 (17), 350.09 (1), 350.095 (1) (b) and 350.095 (2) (d) 1. of the statutes; relating to: snowmobile noise and the operation of snowmobiles, all-terrain vehicles, and utility terrain vehicles near highways.

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

The amended document revises the definitions of “all-terrain vehicle trail” and “snowmobile trail” to clarify that they refer to marked corridors on public property in a highway right-of-way, provides that an all-terrain vehicle may be operated during the hours of darkness and is not required to travel in the direction of vehicular traffic if operated on a designated and marked all-terrain vehicle or snowmobile trail, requires persons operating a snowmobile during the hours of darkness or adjacent to a roadway to dim the snowmobile’s headlamp when an oncoming vehicle approaches within 500 feet, and updates references to the Society of Automotive Engineers Standard concerning exhaust sound levels from snowmobiles.

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