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

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By: Sydney Sybydlo

Here are a few noteworthy EHS regulatory changes for Canada and the United States in March 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

Amended Document – Canada Labour Standards Regulations
Amending Document – Regulations Amending Certain Regulations Made Under the Canada Labour Code

First Effective Date: 4 March 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document requires employers to maintain records concerning employees’ break times, rest periods, and changes to work periods that are necessary to deal with unexpected threats to health and safety, property damage, or interference with the establishment’s ordinary function.

Amended Document – Special Economic Measures (Russia) Regulations
Amending Document – Regulations Amending the Special Economic Measures (Russia) Regulations

First Effective Date: 6 March 2022
Industry Sector: General Industry

The amended document prohibits “ships that are registered in Russia or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of Russia, a person in Russia or a designated person from docking in Canada or passing through Canadian waters.”

Canada – Alberta

Amended Document – Public Lands Administration Regulation
Amending Document – Public Lands Administration (Recreation) Amendment Regulation

First Effective Date: 23 February 2022
Industry Sector: General Industry

The amended document revises rules concerning access to public lands for recreational purposes. Notably, it prohibits the use of firearms, explosives, and traps on public lands, provincial trails, and in the vicinity of trail heads, prohibits entry to closed provincial trails, prohibits persons from leaving a conveyance or camping accommodation unit on a trail tread, requires an access permit to enter a trail that is closed for maintenance or to protect it from damage, requires persons camping on vacant public lands to maintain the area in a clean and sanitary condition, introduces an exemption to access permit requirements for persons conducting activities under a trail agreement (pursuant to the Trails Act) and trail managers on a designated trail, permits entry to water beds or shores within a designated water crossing, increases the term length for single operator trail ride management area operator permits where the applicant has satisfactorily completed commercial trail riding operations, provides that use of a provincial trail within a public land use zone must comply with the zone’s relevant rules, updates restrictions on motor vehicle operations on provincial trails, and establishes rules for disposition holders who enter on and cause damage to trails.

Canada – British Columbia

Amended Document – Workers Compensation Act
Amending Document – Workers Compensation Amendment Act, 2022

First Effective Date: 10 March 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document requires asbestos abatement contractors to be licenced in BC. It also introduces the terms “asbestos abatement contractor”, “asbestos abatement work”, and “independent asbestos abatement operator” as they apply for this requirement.

New Principal Document – Skilled Trades BC Act

Published Date: 10 March 2022 (not yet in force)
Industry Sector: General Industry, Public Administration & Institutions

This Act establishes registration requirements for persons working in certain skilled trades certification trades. It also provides the duties and responsibilities of SkilledTradesBC such as developing and approving training programs, designating training providers, and record-keeping.

Canada – Newfoundland & Labrador

New Principal Document – Air Pollution Control Regulations, 2022

First Effective Date: 25 March 2022
Industry Sector: General Industry, Building Management & Maintenance

This Regulation establishes requirements for air quality standards in Newfoundland and Labrador. Its provisions include prohibiting incineration and the burning of certain materials, limits on sulphur dioxide emissions, requirements for non-portable aboveground storage tanks, and requirements for performance testing facilities.

It replaces the Air Pollution Control Regulations, 2004 and repeals the Gasoline Volatility Control Regulations, 2003.

Canada – Nova Scotia

Amended Document – Workplace Health and Safety Regulations
Amending Document – Workplace Health and Safety Regulations–amendment

First Effective Date: 15 March 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document introduces provisions for first aid in the workplace. These provisions include requirements for reporting workplace injuries, maintenance of first aid supplies, retention of records concerning workplace first aid certification, the designation of “workplace first aiders”, the minimum number of workplace first aiders and first aid kits required in different workplace settings, design and equipment requirements for first aid rooms, isolated workplace first aid plans, and the transportation of injured persons from the workplace.

Canada – Ontario

Amended Document – Air Pollution – Discharge of Sulphur Dioxide From Petroleum Facilities [Before 2029]
Amending Document – Amending O. Reg. 530/18 (Air Pollution – Discharge of Sulphur Dioxide from Petroleum Facilities)

First Effective Date: 25 February 2022
Industry Sector: Oil & Gas Industry

The amended document’s title is modified to reflect that its applicability is before 2029.  It notably specifies that it applies to certain named facilities, requires that estimates for the flow rate of acid gas, the concentration of hydrogen sulphide in acid gas, and the quantity of sulphur dioxide discharged from acid gas combustion equipment be determined based on the measurements concerning the discharge of sulphur dioxide from petroleum facilities, replaces the removal efficiency report for the sulphur recovery unit with an additives report for fluidized catalytic cracking units, removes the minimization plan for flares and other combustion equipment, clarifies that a person who discharges, causes or permits the discharge of sulphur dioxide from a petroleum facility must ensure that the sulphur dioxide is calculated in accordance with local air quality requirements and is made available for examination by posting it on a website of the facility or by making it available during regular business hours, and provides that if a sulphur recovery unit fails to operate in a normal manner, the total amount of sulphur dioxide discharged in the preceding 24-hour period must be calculated using the measurements required under the discharge of sulphur dioxide from petroleum facilities, and must be made available for examination by any person.

New Principal Document – Vehicle Emissions

First Effective Date: 10 March 2022
Industry Sector: General Industry

This document establishes standards for motor vehicle emissions. The provisions include requirements for a vehicle’s emission control system, prohibited emission control system defects, requirements for a heavy diesel vehicle’s emissions opacity test, and exemptions for motor vehicle tests or repairs.

Amended Document – Vehicle Permits
Amending Document – Amending Reg. 628 of R.R.O. 1990 (Vehicle Permits)

First Effective Date: 10 March 2022
Industry Sector: General Industry, Road Transportation Industry

The amended document provides requirements for classifying or reclassifying a motor vehicle as rebuilt, clarifies that an annual inspection certificate or a semi-annual inspection certificate is required to renew a vehicle permit or to issue evidence of validation, and clarifies that a number plate may be affixed to a motor vehicle once an annual inspection certification or a semi-annual inspection certificate is issued upon an inspection of the vehicle within the preceding 36 days.

Repealed Document – Rules for Areas in Step 2
Amending Document – Revoking Various Regulations

First Effective Date: 16 March 2022
Industry Sector: General Industry, Building Management & Maintenance

The amended document, which requires certain businesses to remain closed and sets the circumstances and the conditions to respect for these businesses to be permitted to open, is repealed.

Repealed Document – Rules for Areas in Shutdown Zone and at Step 1
Amending Document – Revoking Various Regulations

First Effective Date: 16 March 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document, which applies to health units in the shutdown zone or step 1 and requires all businesses to remain closed unless authorized to remain open, determines which businesses can remain open and the circumstances to temporarily access closed businesses, sets requirements for businesses authorized to remain open, requirements on physical distancing, and requirements applicable to specific places or businesses, is repealed.

New Principal Document – Classes of Vehicles Requiring Annual and Semi-Annual Inspections

First Effective Date: 1 January 2024
Industry Sector: General Industry

This document establishes the classes of vehicles that must bear annual and semi-annual inspection stickers and the vehicles that are exempt from inspection requirements and performance standards as prescribed in the Highway Traffic Act.

United States – Federal

Amended Document – 49 CFR 214 Subpart D On-Track Roadway Maintenance Machines and Hi-Rail Vehicles
Amending Document – Railroad Workplace Safety

First Effective Date: 17 March 2022
Industry Sector: Rail Transportation Industry

The amended document introduces an exemption to rules concerning required environmental controls and protection systems in on-track roadway maintenance machines for certain remotely-operated machines.

United States – Alabama

Amended Document – AAC Chapter 335-6-15 Technical Standards, Corrective Action Requirements And Financial Responsibility For Owners And Operators of Underground Storage Tanks
Amending Document – AAC Chapter 335-6-15 Technical Standards, Corrective Action Requirements And Financial Responsibility For Owners And Operators of Underground Storage Tanks; AAC Chapter 335-7-4 Permit Requirements And Procedures […] 2022-02-28 Amendments

First Effective Date: 14 April 2022
Industry Sector: General Industry, Building Management & Maintenance

The amended document notably clarifies “the requirements for technical standards, corrective action plans, preliminary investigations, free product removal, investigative derived wastes, the operation and maintenance of systems including spill prevention equipment and release detection and [makes] updates to analytical methods” for underground storage tanks.

United States – Connecticut

New Principal Document – CR Subtitle 22a-450 Release Reporting Requirements

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

This document regulates the release of reportable materials, including chemical liquids, hazardous waste, oil, and petroleum. It establishes triggers for release reporting, including specific threshold quantities and a listing of reportable materials of special concern and related reporting exemptions. It also identifies how and when to report and follow up on reporting requirements, and what information must be presented in a report.

United States – Illinois

Amended Document – IAC Part 56-350 Health and Safety
Amending Document – IAC Part 56-350 Health and Safety 2022-03-04 Amendments

First Effective Date: 15 February 2022
Industry Sector: General Industry

The amended document clarifies “the inspection and enforcement process for employers,” updates the rules’ applicability to work-from-home situations, details “employer recordkeeping and reporting requirements,” requires “certain employers to submit injury/illness/death reports electronically,” and incorporates by reference updated federal occupational safety and health standards.

United States – Indiana

Amended Document – IC Article 8-1 Utilities Generally
Amending Documents – AN ACT to amend the Indiana Code concerning utilities, AN ACT to amend the Indiana Code concerning utilities, AN ACT to amend the Indiana Code concerning utilities

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

The amended document creates standards for wind power and commercial solar projects concerning setback requirements, height restrictions, shadow flicker limitations, signal interference, sound level limitations, wind turbine light mitigation technology, required repairs to drainage related infrastructure, project decommissioning, ground cover, fencing, cables, and glare.

It provides that underground pumped storage hydropower using abandoned coal mines, abandoned quarries, or other suitable sites in the state may be considered a”renewable energy resource” and a “clean energy resource” for the purposes of voluntary clean energy program eligibility and funding.

It also provides that certain projects to construct one or more small modular nuclear reactors to supply electricity to Indiana customers may be considered a “clean energy project” and a “nuclear energy production or generating facility” for the purposes of clean energy program eligibility and funding.

United States – Utah

New Principal Document – UC Chapter 11 Geologic Carbon Storage

First Effective Date: 3 May 2022
Industry Sector: Mining & Minerals Industry, Oil & Gas Industry

This document regulates the storage of geologic carbon in subsurface reservoirs. It establishes conditions for obtaining a carbon sequestration permit, the requirements of such permits, recordkeeping requirements, and rules concerning the integrity of reservoirs into which carbon dioxide is injected. It also establishes the information required for a certificate of project completion and levies fees per ton of carbon dioxide injected into a reservoir or storage facility.

United States – Washington

Amended Document –WAC Chapter 173-441 Reporting of Emissions of Greenhouse Gases
Amending Document – WAC Chapter 173-441 Reporting of Emissions of Greenhouse Gases 2022-02-09 Amendments

First Effective Date: 12 March 2022
Industry Sector: General Industry

The amended document expands “the number and types of organizations subject to reporting and improves reporting requirements in order to align with new requirements” in the Climate Commitment Act (CCA), which establishes a cap and invest program within the state for greenhouse gas (GHG) emissions. Notably, the changes make natural gas suppliers, carbon dioxide suppliers, and electric power entities subject to the existing GHG reporting system, replace “the existing transportation fuel supplier program with a CCA-compatible fuel supplier program,” update various GHG reporting requirements, add “program elements to support the verification of GHG reporting data,” modify certain GHG reporting fees and deadlines, clarify that an “electric power utility” includes “asset controlling suppliers,” and incorporate by reference updated federal regulations concerning GHG reporting.

United States – Wisconsin

Amended Document – WAC Chapter NR-428 Control Of Nitrogen Compound Emissions
Amending Document – Order of the State of Wisconsin Natural Resources Board Repealing, Renumbering and Amending, Amending and Creating Rules

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

The change to this document is part of a suite of amendments related to the incorporation of the 2015 national ambient air quality standards for ozone. The amended document revises applicability emission thresholds for nitrogen oxide (NOx) reasonably available control technology (RACT) to include “all the major source thresholds associated with current (and former) ozone nonattainment classification of the area,” expands NOx RACT implementation requirements “to any area that is classified as moderate (and above) ozone nonattainment,” clarifies that certain existing exemption thresholds continue to apply in areas with higher major source thresholds, and “provides compliance schedule information for some sources affected by the updated NOx RACT major source thresholds.”

Amended Document – WAC Chapter NR-216 Storm Water Discharge Permits
Amending Document – Order of the State of Wisconsin Natural Resources Board Repealing, Renumbering, Renumbering and Amending, Amending, and Creating Rules

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

The amended document, according to the government, requires the electronic submittal of certain documents, “[clarifies] applicability of expired and reissued general permits to entities covered under an industrial or construction general permit,” removes exemptions for activities covered under other department programs from storm water permitting requirements, clarifies application requirements for general and individual permit coverage, “[requires] permittees to identify any other entities they are relying on to satisfy some of the permit obligations within the annual report,” requires annual reports to include additional information, including an evaluation of “the effectiveness of an MS4 storm water management program,” requires permittees to retain records concerning permit requirements, “[removes] the exclusion of access roads and rail lines from the area covered by an industrial storm water discharge permit,” requires that construction and demolition waste disposal sites require industrial storm water permits, and requires that plans discuss impacts of outstanding resource water (ORW), exceptional resource water (ERW), impaired waters and total maximum daily loads (TMDLs).

Industrial Standards

New Edition – CSA B376:22 – Portable containers for gasoline and other petroleum fuels

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

This Standard establishes minimum performance requirements for steel and plastic portable fuel containers of up to and including 32 litres (8.45 gallons) rated capacity, that are intended for the transportation and storage of petroleum-based flammable and combustible liquids. It does not apply to prepackaged containers, single-use containers, safety cans, or those within the scope of CSA Standard B306, Portable Fuel Tanks for Marine Use.

The 2022 edition broadens the scope of the standard “to include all types of containers intended for use by consumers in the transportation and storage of flammable and combustible fluids,” modifies the standard in accordance with updated environmental and safety considerations on portable fuel container system designs, and updates “test fuel specifications, material property verification and safety marking practices” to harmonize with international norms.

New Principal Document – CSA M424.2:22 – Diesel-powered machines for use in non-gassy underground mines

First Effective Date: 1 March 2022
Industry Sector: Mining & Minerals Industry, Utilities & Communications Industry

This Standard provides requirements for the design, performance, and testing of new or unused diesel engines for use in non-gassy underground mines.

The 2022 edition, according to its content, expands the standard to “include larger and more varied types of diesel-powered machines,” transfers non-engine related general machine safety requirements to CSA M424.0, Underground mining mobile equipment — General requirements, lowers the engine emissions testing pass/fail criteria to reflect modern technologies, removes the Exhaust Air Quality Index (EQI) concept for ventilation rate determination, and enables ventilation rate determination for retrofit emission control devices.

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