Proposed EHS regulatory changes – January 2023

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

• Federal – Regulations Amending the Products Containing Mercury Regulations
• Federal – Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations
• Federal – Notice of intent on promoting reduced reliance on animal testing in the New Substances Notification Regulations (Chemicals and Polymers)
• Manitoba – The Technical Safety Regulation

United States

• Frequency of Renewal Cycle for Indirect Air Carrier Security Programs
• Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes
• National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Amendments
• Alaska; Hunting and Trapping in National Preserves
• Request for Information Regarding Categorical Exclusions
• Applications for Permits To Site Interstate Electric Transmission Facilities
• Per- and Poly-Fluoroalkyl Chemical Substances Designated as Inactive on the TSCA Inventory; Significant New Use Rule
• Reconsideration of the National Ambient Air Quality Standards for Particulate Matter

European Union

• No newsworthy proposals this month.

Canada – Federal

Regulations Amending the Products Containing Mercury Regulations

Published Date: 24 December 2022
Industry Sector: General Industry

The Government of Canada has announced its intention to revise rules governing permissible amounts of mercury in lamp products in the country to reduce the risk of environmental releases. According to the government, these changes “would enable Canada to meet requirements for mercury-containing products under the Minamata Convention,” specifically by—

• reducing “the mercury content limit currently allowed for straight fluorescent lamps for general lighting purposes, cold cathode fluorescent lamps, and external electrode fluorescent lamps”;
• adding “a prohibition date of January 1, 2028 for [mercury-containing] catalysts used in the manufacturing of polyurethane”;
• ending existing exemptions “for most mercury-containing lamps” and establishing prohibition dates for lamps for general lighting purposes and high-pressure sodium vapour lamps, with transitional provisions;
• establishing three categories of exempted lamps: “lamps used for growing plants, lamps for water treatment and lamps for air treatment”, and prohibiting the first category beginning in 2028;
• clarifying the applicability of exemptions on replacement parts of a mercury-containing component of a product;
• revising requirements concerning the schedule for mercury activity report submissions “to align with the U.S. Environmental Protection Agency (EPA) reporting timeline”; and
• permitting the retention of records electronically.

The changes would be made by amending the Products Containing Mercury Regulations.

Interested parties may submit comments until 9 March 2023.

Additional information is available here.

Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Published Date: 31 December 2022
Industry Sector: Road Transportation Industry, Hardware Manufacturing Industry

The Government of Canada has announced its intention to increase the supply of zero-emission vehicles in the country, with annual targets for new light-duty vehicles offered for sale in the country. According to the government, the changes “would introduce new requirements for manufacturers and importers to ensure that their fleet” meet the targets discussed below, covering model years 2026 through 2035. Changes would also be made for pre-2026 vehicle model years, beginning with year 2023. The proposed targets by model year, expressed as a percentage of total vehicles sold, are as follows:

• 2026: 20%
• 2027: 23%
• 2028: 34%
• 2029: 43%
• 2030: 60%
• 2031: 74%
• 2032: 83%
• 2033: 94%
• 2034: 97%
• 2035 (and beyond): 100%

These changes would be reflected by amendments to the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.

Interested parties may submit comments until 16 March 2023.

Additional information is available here.

Notice of intent on promoting reduced reliance on animal testing in the New Substances Notification Regulations (Chemicals and Polymers)

Published Date: 14 January 2023
Industry Sector: General Industry

The Government of Canada has announced its intention to update rules “to promote the reduced reliance on animal testing” used in obtaining data required in notification submissions by persons who import or manufacture new substances not listed on the Domestic Substances List.

Currently, notification requirements under the New Substances Notification Regulations (Chemicals and Polymers) (“the regulations”) may be fulfilled by data obtained “from alternative methods to animal testing, also known as New Approach Methods.” These methods, however, “are not yet able to replace all animal toxicity tests, notwithstanding advancements in their development.”

The Government “will consider amendments to integrate greater flexibility in the regulations to promote alternative approaches that replace, reduce, or refine the use of animals in testing while still meeting relevant technical information requirements.”

Interested parties may submit comments on this notice until 29 March 2023. An official engagement stage is also “planned to start in early 2023 and will consist of an online public consultation using the platform PlaceSpeak.”

Additional information is available here.

Manitoba

The Technical Safety Regulation

Published Date: 4 January 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The government of Manitoba has announced its intention to update rules concerning the use of various types of technical equipment, including “provisions related to licences, permits, code and standard adherence, variances and field approvals, reporting of dangerous incidents and technical safety risks, reconsideration and appeal process, administrative penalties and fees.” The update will be conducted in several phases, and this engagement will focus on elevating devices. According to the government, the proposed regulation would notably—

• “[adopt] more recent codes and standards for elevating devices”;
• “allow for the streamlining of the administrative processes required to apply for and renew a permit”;
• “[remove] the requirement that the operating permit must be posted in an elevating device, requiring instead, that the operating permit be kept on the premises and be readily accessible to an inspector”;
• “phase out the existing Elevator M-A license, replacing it with two new types of licenses, an Elevator ‘A’ and an Elevator ‘B’ license”; and
• “formalize the trade of elevator mechanic in Manitoba and will [ensure] that mechanics are working on equipment that they are trained on and familiar with.”

The change would be implemented by enacting the Technical Safety Regulation, proclaiming certain sections of The Technical Safety Act, and repealing The Elevator Act and the Elevator Regulation.

Interested persons are invited to submit comments through the engagement page.

Additional information is available here.

United States

Frequency of Renewal Cycle for Indirect Air Carrier Security Programs

Published Date: 27 December 2022
Industry Sector: Public Administration & Institutions, Air Transportation Industry

The U.S. Transportation Security Administration (TSA) has announced its intention to reduce the frequency with which indirect air carriers (IACs) must submit renewal applications for their security programs from annually to once every three years. IACs are required to “adopt and carry out the IAC Standard Security Program (IACSSP) […] to ensure security during the period between when a package leaves a shipper and when it is presented to the aircraft operators [and to] ensure their employees understand and are trained to implement their security responsibilities.”

Interested parties may submit comments until 27 February 2023.

Additional information is available here.

Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes

Published Date: 30 December 2022
Industry Sector: General Industry, Building Management & Maintenance

The U.S. Environmental Protection Agency has announced its intention to establish volume requirements for its Renewable Fuel Standard (RFS) for calendar years 2023 through 2025. Specifically, it proposes “the applicable volumes and percentage standards […] for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel.” EPA is also seeking feedback on proposed changes to “regulations governing the generation of qualifying renewable electricity and other modifications intended to improve the [RFS] program’s implementation.”

Interested parties may submit comments until 10 February 2023.

Additional information is available here.

National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Amendments

Published Date: 5 January 2023
Industry Sector: Mining & Minerals Industry

The United States Environmental Protection Agency has announced its intention to update National Emission Standards for Hazardous Air Pollutants (NESHAP) applicable to lime manufacturing plants. The changes would introduce standards for four pollutants: “hydrogen chloride (HCl), mercury, total hydrocarbon (THC) as a surrogate for organic HAP, and dioxin/furans (D/F).”

Interested parties may submit comments until 21 February 2023.

Additional information is available here.

Alaska; Hunting and Trapping in National Preserves

Published Date: 9 January 2023
Industry Sector: Fishing, Hunting, and Trapping Industry

The United States National Park Service has announced its intention to update rules governing hunting and trapping activities in Alaskan national preserves. Certain harvest practices, including bear-baiting, would be prohibited, as would predator control and reduction activities. The changes would also “revise the definition of ‘trapping’ […] to clarify that trapping only includes activities that use a ‘trap’,” defined as “a snare, trap, mesh, or other implement designed to entrap animals other than fish.”

Interested parties may submit comments until 10 March 2023.

Additional Information is available here.

Request for Information Regarding Categorical Exclusions

Published Date: 12 January 2023
Industry Sector: General Industry

The United States Department of Energy (DOE) is reopening the comment period for its proposed changes to the types of activities that can be subject to a categorical exclusion environmental impact review. According to the DOE, “a categorical exclusion is a category of actions that a federal agency has determined […] normally do not have a significant effect on the human environment [and] do not require preparation of an environmental assessment or environmental impact statement.”

DOE is specifically requesting information to “identify activities associated with [the] furtherance of clean energy projects and clean energy infrastructure that should be considered for new or revised categorical exclusions.”

Interested parties may now submit their responses until 13 February 2023.

Additional information is available here and here.

Applications for Permits To Site Interstate Electric Transmission Facilities

Published Date: 17 January 2023
Industry Sector: Public Administration & Institutions, Utilities & Communications Industry

The United States Federal Energy Regulatory Commission has announced its intention to update rules “governing applications for permits to site electric transmission facilities.” Changes would notably—

• update the information to be included on an application and the filing method for submissions;
• eliminate the one-year delay period before beginning the Commission’s pre-filing process;
• introduce a method for an applicant to demonstrate “that it has met the statutory good faith efforts standard by complying with an Applicant Code of Conduct in its communications with affected landowners”;
• “require applicants to develop and file an Environmental Justice Public Engagement Plan as part of their Project Participation Plan [… which] must describe the applicant’s completed and planned outreach activities that are targeting to identified environmental justice communities” and describe comments received from those communities as well as outreach efforts for isolated communities; and
• add three new resource reports, “(Tribal resources, Environmental justice and Air quality and environmental noise)”, to the list of information to include in an environmental report for permits to site transmission facilities.

According to the Commission, these changes would “ensure consistency with the [Infrastructure Investment and Jobs Act’s] amendments to [Federal Power Act] section 216, to modernize certain regulatory requirements, and to incorporate other updates and clarifications to provide for the efficient and timely review of permit applications.”

Interested parties may submit comments until 17 April 2023.

Additional information is available here.

Per- and Poly-Fluoroalkyl Chemical Substances Designated as Inactive on the TSCA Inventory; Significant New Use Rule

Published Date: 26 January 2023
Industry Sector: General Industry

The United States Environmental Protection Agency (EPA) has announced its intention to develop significant new use rules (SNURs) for “those per- and poly-fluoroalkyl substances (PFAS) that have not been manufactured (including imported) or processed for many years and are consequently designated as inactive on the [Toxic Substances Control Act] Chemical Substance Inventory” (“TSCA Inventory”). According to the EPA, “persons subject to the SNUR would be required to notify EPA at least 90 days before commencing any manufacture (including import) or processing of the chemical substance for a significant new use,” upon which EPA must make a determination on and take actions as required before the significant new use can begin.

The SNUR “would apply to chemical substances designated as inactive on the TSCA Inventory that are also PFAS.”

Interested parties may submit comments until 27 March 2023.

Additional information is available here.

Reconsideration of the National Ambient Air Quality Standards for Particulate Matter

Published Date: 27 January 2023
Industry Sector: General Industry, Building Management & Maintenance

The United States Environmental Protection Agency (EPA) has announced its intention to update “air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM).” The changes would:

• lower the level for the primary annual PM_2.5 standard “from 12.0 µg/m³ to within the range of 9.0 to 10.0 µg/m³“;
• retain existing primary 24-hour PM_2.5 and PM₁₀ standards, secondary 24-hour PM_2.5 and PM₁₀ standards, and the secondary annual PM_2.5 standard; and <li>update “key aspects related to the PM NAAQS, including revisions to the Air Quality Index (AQI) and monitoring requirements for the PM NAAQS.”

The proposed changes to ambient monitoring requirements, according to the EPA, “include addressing updates in the approval of reference and equivalent methods, updates in quality assurance statistical calculations to account for lower concentration measurements, updates to support improvements in PM methods, a revision to the PM_2.5 network design to account for at-risk populations, and updates to the Probe and Monitoring Path Siting Criteria for NAAQS pollutants.”

Interested parties may submit comments until 28 March 2023.

Additional information is available here and here.

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.