Proposed EHS regulatory changes – August 2022

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By: Sydney Sybydlo

This is a list of select proposed EHS regulatory changes in Canada, the United States, and the European Union. We cover EHS legislation in over 100 countries and 200 jurisdictions. If you would like to track EHS legislation in specific regions, jurisdictions or countries, we are happy to help. Please send us a request for more information here and we will get in touch shortly.

Canada

United States

European Union

  • No newsworthy proposals this month.

Canada

Ontario

Proposal to amend O.Reg. 509/18 under the Electricity Act, 1998 (“Efficiency Regulation”)

Published Date: 10 August 2022
Industry Sector: General Industry, Building Management & Maintenance

The Government of Ontario has announced its intention to make changes to “[certain] products in Ontario’s product energy efficiency regulation to increase harmonization with other jurisdictions.” According to the Ontario Government, the changes would notably update:

  • “efficiency requirements for commercial gas furnaces, residential air conditioners and heat pumps, roadway luminaires and highway luminaires”;
  • “scope definitions for [specified] products currently regulated by Ontario and by [Department of Energy (DOE)] but not by [Department of Natural Resources (NRCan)]” such as certain air conditioners, floor furnaces, pool heaters, room heaters, wall furnaces, and water heaters;
  • “requirements for [specified] products [such as certain dehumidifier and water heater] to more closely align with NRCan and/or DOE”; and
  • test method for certain products such as liquid-filled distribution transformers and geothermal liquid-to-water heat pumps.

It would also notably clarify the scope for specified products such as certain vending machines and water heaters and “make changes to the regulation of a housekeeping nature [to] clarify the scope and/or requirements for some products, or update references to include the most relevant or most recent editions of test standards for products with no changes to the existing efficiency requirements.”

These changes would be implemented by amending Energy and Water Efficiency – Appliances and Products – Electricity Act, 1998.

Interested persons are invited to submit comments until 24 September 2022.

Additional information on the proposal is available here.

Quebec

Hours of driving and rest of heavy vehicle drivers—Amendment

Published Date: 17 August 2022
Industry Sector: Road Transportation Industry

The Government of Quebec has announced its intention to update rules concerning work and rest hours for operators of heavy vehicles. According to the government, the changes would require heavy vehicles to be equipped with an electronic logging device, and “detail the requirement for heavy vehicle drivers to use the device to produce a record of duty status in which their hours of service and hours of rest have been entered”. The proposed changes include exemptions and rules governing procedures for device malfunction, as well as recordkeeping and reporting requirements.

The changes would be made by amending the Regulation respecting the hours of driving and the rest of heavy vehicle drivers.

Interested parties may submit comments until 1 October 2022.

Additional information is available here.

United States

Federal

Addition of Diisononyl Phthalate Category; Community Right-to-Know Toxic Chemical Release Reporting

Published Date: 8 August 2022
Industry Sector: Chemicals Industry

The Environmental Protection Agency (EPA) has announced its intention to “add a Di-isononyl phthalate (DINP) category to the list of toxic chemicals subject to the Toxics Release Inventory (TRI) reporting requirements”. The changes would require certain facilities (generally listed here under their North American Industrial Classification System (NAICS) codes) that manufacture, process, or otherwise use certain amounts of DINP-category chemicals per year to report on their usage to the EPA.

According to the EPA, “the DINP category is a family of di-ester phthalates widely used as plasticizers […] particularly in the production of polyvinyl chloride (PVC)”.

Interested parties may submit comments until 7 October 2022.

Additional information is available here, here, and here.

Marine Mammals; Incidental Take During Specified Activities: The Gulf of Alaska

Published Date: 15 August 2022
Industry Sector: Water Transportation Industry, Construction Industry

The United States Fish and Wildlife Service is proposing the allowance of certain “nonlethal, incidental, unintentional take by harassment of small numbers of northern sea otters [( Enhydra lutris kenyoni )] during marine construction and pile driving in the Gulf of Alaska coastal waters” but would not authorize lethal take. The rules would include “permissible methods of nonlethal taking; mitigation measures to ensure that the [United States Coast Guard’s] activities will have the least practicable adverse impact on the species, their habitat, and the availability of this species for subsistence uses; and requirements for monitoring and reporting”.

Interested parties may submit comments until 14 September 2022.

Comments on the information collection requirements in the proposal may be submitted until 14 October 2022.

Additional information is available here.

European Union

No newsworthy proposals this month.

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