Top EHS regulatory changes for Canada and the United States – January 2022

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Here are a few noteworthy EHS regulatory changes for Canada and the United States in January 2022. 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

New Principal Document – Volatile Organic Compound Concentration Limits for Certain Products Regulations

First Effective Date: 1 January 2023
Industry Sector: Hardware Manufacturing Industry, Chemicals Industry

This document establishes Volatile Organic Compound (VOC) concentration limits for various product categories and subcategories including personal care products, automotive and household maintenance products, adhesives, adhesive removers, sealants and caulks, and other miscellaneous products. It applies to Canadian manufacturers and importers of such products and includes provisions for a compliance unit trading system, applications for exemptions from limits, and record-keeping requirements.

Canada – Alberta

Amended Document – Wildlife Regulation
Amending Document – Wildlife (Bison – Ministerial) Amendment Regulation

First Effective Date: 16 November 2021
Industry Sector: General Industry, Oil & Gas Industry

The amended document provides an exception to prohibitions on hunting bison outside of a bison sanctuary for persons who are the beneficiary of constitutionally recognized rights to hunt bison, clarifies that only non-domestic bison found in specific wildlife management units are considered endangered animals and that only bison found or killed on or captured from specified areas are subject animals. It also establishes two bison sanctuaries, the Northwest Bison Protection Area and the Wabasca Bison Protection Area, and defines their boundaries.

Canada – British Columbia

Amended Document – Forest Act
Amending Document – Forests Statutes Amendment Act, 2021

First Effective Date: 25 November 2021
Industry Sector: General Industry, Forestry & Logging Industry

The amended document modifies who certain permits and licences can be disposed to, and the conditions to do so, prevents the renewal and provide for the expiration of certain cutting permits, restricts the approval of an application for a cutting permit or a road permit to construct a road where certain conditions relating to forest operations plans are not met, provides “for the granting of road use permits to persons who wish to use a forest services road for natural resource development purposes,” and removes “a requirement that a road permit must authorize the holder to manage and use certain Crown land for pits and quarries [and clarifies] that additional terms and conditions may be included in a road permit.”

Amended Document – Forest and Range Practices Act
Amending Document – Forests Statutes Amendment Act, 2021

First Effective Date: 25 November 2021
Industry Sector: Forestry & Logging Industry

The amended document provides for the replacement, over time, of forest stewardship plans with forest landscape plans, which will “address ecological and cultural values, in addition to timber values,” requires consultation and cooperation with Indigenous peoples, nations and governing bodies, and with the public at certain pre approval steps of a forest landscape plan, a forest operations plan, or a forest stewardship plan,” requires “the holders of certain plans to make the plans publicly available,” sets out requirements for certain plans and schedules and imposes conditions related to plans to the carrying of certain activities and the obtention of certain permits, confirms “that approval by the minister is required to add or remove persons as parties to forest operations plans, forest stewardship plans or woodlot licence plans,” prohibits “persons from carrying out significant road work in relation to a forest service road [or] to a road authorized under a road permit,” without a special authorization, and requires “persons who harvest timber under forest operations plans to establish free growing stands for net areas to be reforested.”

Amended Document – Greenhouse Gas Emission Reporting Regulation
Amending Document – Greenhouse Gas Emission Reporting Regulation 2021-12-14 Amendments

First Effective Date: 13 December 2021
Industry Sector: General Industry

The amended document removes emissions from fuel combustion by mobile equipment at certain facilities and open-pit mining from the definition of “reporting-only emissions”, provides for when a person is not required to be accredited in accordance with International Standards Organization (ISO) standards, provides for when a verification process is not required to comply with ISO standards, includes additional situations in which a verification body should not provide a written statement certifying the validity of an emissions report, introduces a formula for calculating emissions in relation to open-pit coal mining, revises the types of greenhouse gases that must be reported for various activities, and permits the use of equivalent devices for measuring certain greenhouse gases.

Canada – Ontario

Amended Document – Mining Act
Amending Document – Supporting People and Businesses Act, 2021

First Effective Date: 2 December 2021
Industry Sector: Mining & Minerals Industry

The amended document adds a new section concerning the rehabilitation of mining lands which establishes which activities may be considered “mine production” or “advanced exploration” to which certain rules may apply, provides “for a new recovery permit that authorizes the holder to recover minerals or mineral bearing substances from tailings or other waste materials,” subject to adequate remediation of the land for public health and environmental safety, provides that lands may be excluded from the application of the recovery permit, and requires holders of a recovery permit to comply with the permit’s recovery and remediation plan.

Amended Document – General – Endangered Species
Amending Document – Amending O. Reg. 242/08 (General)

First Effective Date: 9 December 2021
Industry Sector: General Industry

The amended document introduces exemptions to prohibitions on killing species and damaging or destroying species’ habitats if done as part of a stewardship activity to assist the protection or recovery of a listed endangered or threatened species, establishes additional rules for the conduct of such stewardship activities, including mitigation measures and reporting requirements, requires that certain notices of drainage works and incidental trapping be submitted to the Ministry of Natural Resources Registry, and provide that they may amend and resubmit such a notice form, revises reporting deadlines for certain activities causing adverse effects, establishes rules concerning the incubation and management of eggs of endangered or threatened turtle species, and establishes rules concerning the conduct of species at risk surveys, including exemptions.

Canada – Quebec

New Principal Document – Regulation respecting the integration of low-carbon-intensity fuel content into gasoline and diesel fuel

First Effective Date: 30 December 2021
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

This document establishes the percentage by volume of low-carbon-intensity fuel content that must be integrated into the total volume of the gasoline distributed or used in Quebec by a distributor during calendar years beginning 2023, with exceptions for gasoline distributed or used in certain activities. It also establishes the mechanism for the purchase and sale of credits to promote compliance with these fuel standards, and contains recordkeeping requirements for distributors.

New Principal Document – Regulation respecting the fees payable with respect to the environmental authorization scheme and other fees

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

This document establishes the fees payable by an applicant for the issue or amendment of an authorization relating to projects subject to any of the environmental impact assessment and review procedures and for the issue, amendment or renewal of a ministerial authorization or approval of a rehabilitation plan. It also determines the fees payable by anyone required to file a declaration of compliance with the Minister. It replaces the Ministerial Order concerning the fees payable under the Environment Quality Act.

New Principal Document – 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

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

This regulation establishes measures to enable the development regime for the flood zones of lakes and watercourses and grants municipalities powers to respond to certain needs. It establishes which activities near a lake or watercourse require municipal authorization, and what information must be provided for municipal authorization depending on the type of activity.

Amended Document – Regulation respecting activities in wetlands, bodies of water and sensitive areas
Amending Document – 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

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

The amended document includes new exceptions to the provisions of this regulation, revises various definitions, replaces certain references to “floodplain” with “flood zone”, revises interpretations of how distances from watercourses and lakes are calculated, what activities are considered as construction of infrastructure, works, building, or equipment, what is considered a substantial modification, and what constitutes necessary access to buildings, prohibits the composting of animal carcasses in wetlands or bodies of water, revises prohibitions on certain construction and maintenance activities on a lakeshore or riverbank, introduces new provisions governing the cultivation of non-aquatic plants and mushrooms near water and special standards for works in the littoral zone, introduces new obligations for the construction of undertakings and buildings, and includes the methods of determination for the boundary of the littoral zone.

Canada – Saskatchewan

Amended Document – The Management and Reduction of Greenhouse Gases (Standards and Compliance) Regulations
Amending Document – Amendment – The Management and Reduction of Greenhouse Gases (Standards and Compliance)

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

The amended document adds five industrial sectors (chemical manufacturing, wood product manufacturing, mineral product manufacturing, agricultural and industrial equipment manufacturing, and food and beverage processing) to the list of regulated sectors to which certain performance standards apply, permits emissions from well drilling, completion, and servicing activities as a stationary fuel combustion source for regulated sectors, and reduces the minimum amount of regulated emissions of carbon dioxide equivalents for certain voluntarily registered regulated sectors.

United States – Federal

New Principal Document – 18 CFR 12 Subpart F Owner’s Dam Safety Program

First Effective Date: 11 April 2022
Industry Sector: General Industry

This document contains requirements concerning the preparation and collection of Owner’s Dam Safety Program information for certain dam licensees. It applies to entities that are responsible for one or more projects classified as having a high hazard potential.

United States – California

Amended Document – CCR Chapter 17-3-1 Air Resources Board
Amending Document – Reducing Sulfur Hexafluoride Emissions Regulation

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

According to the California government, the amended document revises the maximum annual emissions rates of sulfur hexafluoride (SF6) for owners of gas insulated equipment, implements  “a revised phase-out schedule for SF6 and a corresponding phase-out exemption process,” updates “annual emission limits and methods for calculating said emissions,” amends “reporting, recordkeeping, and inventory requirements,” and adopts “a nameplate capacity adjustment procedure.”

United States – Maine

New Principal Document – CMR Chapter 06-096-147 Hydrofluorocarbon Prohibitions

First Effective Date: 4 January 2022
Industry Sector: General Industry, Building Management & Maintenance

This document prohibits the use of hydrofluorocarbon chemicals (HFCs) with high global warming potentials in certain end uses. It applies to persons who sell, lease, rent, install, maintain, service, repair, dispose of, or enter into commerce any of the HFC substances listed in designated end-use categories. It contains exemptions for certain uses, record-keeping requirements, and prohibitions on venting or otherwise releasing prohibited substances.

United States – New Jersey

Amended Document – NJAC Chapter 7-27 Air Pollution Control
Amending Document – NJAC Chapter 7-27 Air Pollution Control 2021-12-20 Amendments

First Effective Date: 20 December 2021
Industry Sector: General Industry, Building Management & Maintenance

The amended document incorporates two new subchapters, entitled “Advanced Clean Trucks Program” and “Fleet Reporting Requirements.” The new chapters establish “a program to reduce emissions from on-road vehicles of 8,500 pounts [gross vehicle weight rating (GVWR)] by incorporating the requirements of the California Advanced Clean Truck regulation,” that applies to manufacturers of on-road vehicles over 8,500 GVWR, and require the collection of “information to understand the use cases of zero-emission vehicles with a GVWR of more than 8,500 pounds in New Jersey and to inform potential future strategies to accelerate the sales of zero-emissions vehicles in these weight classes,” that applies to certain entities using vehicles over 8,500 GVWR operating in the state and contains recordkeeping and reporting requirements concerning vehicle ownership and usage, respectively.

United States – Oregon

New Principal Document – OAR Division 340-271 Oregon Climate Protection Program

First Effective Date: 16 December 2021
Industry Sector: General Industry, Building Management & Maintenance

This document establishes rules and requirements for the Climate Protection Program for certain air contamination sources that emit greenhouse gases (GHGs) or that cause GHGs to be emitted. It requires covered entities to reduce GHG emissions, supports the reduction of emissions of other air contaminants that are not GHGs, provides covered entities with compliance options to meet program requirements, and allows covered fuel suppliers to comply with program requirements. It establishes program requirements, including permits, reporting, and recordkeeping, and sets out procedures for calculating covered emissions, processing changes in covered entity ownership, processing the cessation of covered entity applicability, and permit applications.

Amended Document – OAR Division 437-001 Rules for the Administration of the Oregon Safe Employment Act
Amending Document – Amending Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces

First Effective Date: 21 December 2021
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document requires employers of employees working in indoor spaces to implement masking requirements, removes physical distancing requirements outside healthcare and transit settings, removes cleaning/sanitizing requirements for common areas, shared equipment, and high-touch surface areas, except for healthcare settings, and revises and simplifies certain industry-specific guidance for physical distancing and masking.

United States –  Washington

Amended Document – WAC Chapter 296-62 General Occupational Health Standards
Amending Document – WAC Chapter 296-62 General Occupational Health Standards 2021-12-07 Amendments

First Effective Date: 7 December 2021
Industry Sector: General Industry, Building Management & Maintenance

The amended document requires employers with more than 50 covered employees (any employee that the employer is responsible to record their injury and illness on the employer’s OSHA log, including temporary employees) to report infectious and contagious disease outbreaks to the Department of Labor & Industry, requires employers, except for certain healthcare employers, to notify employees in writing of potential exposures to an infectious or contagious disease within one business day, provides that employees are not required to disclose any medical condition or diagnosis to their employer and that employees must be permitted to voluntarily use personal protective equipment.

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