By: Sydney Sybydlo
This is a list of select proposed EHS regulatory changes in Canada, the United States, and the European Union. Nimonik monitors EHS legislation, regulations and standards in over 30 countries and 400 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 – Publication of the draft state of per- and polyfluoroalkyl substances (PFAS) report (paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999)
- British Columbia – Consultation on proposed amendments to Part 5 of the Occupational Health and Safety Regulation
- Ontario – Amendments to the blue box regulation to expand deductions for producers
- PEI – PEI Energy Blueprint
- Saskatchewan – Potential Environmental Code Chapter for Compost Facilities
United States
- Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3
- National Emission Standards for Hazardous Air Pollutants: Ethylene Production, Miscellaneous Organic Chemical Manufacturing, Organic Liquids Distribution (Non-Gasoline), and Petroleum Refineries Reconsideration
- Methylene Chloride; Regulation Under the Toxic Substances Control Act (TSCA)
- Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles
- National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products
- Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy CCR Surface Impoundments
- Pipeline Safety: Gas Pipeline Leak Detection and Repair
- Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule
- New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule
- Marine Equipment on Board Vessels and Offshore Units or Facilities
- Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA)
European Union
- Proposal for a Regulation of the European Parliament and of the Council on detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing Regulation (EC) No 648/2004
- Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector
Canada – Federal
Publication of the draft state of per- and polyfluoroalkyl substances (PFAS) report (paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999)
Published Date: 20 May 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Canada has announced its intention to add the class of per- and polyfluoroalkyl substances (PFAS) to the federal list of toxic substances. It has “released a risk management scope document for the class of PFASs to initiate discussions with stakeholders on the development of risk management options.”
According to the government, “[t]he common chemical characteristic of PFASs is their perfluoroalkyl moiety, which is extremely stable in the environment, to the extent that PFASs have often been termed ‘forever chemicals.'”
Interested parties may submit comments until 19 July 2023.
The changes would be made by amending the Canadian Environmental Protection Act, 1999.
Additional information is available here.
British Columbia
Consultation on proposed amendments to Part 5 of the Occupational Health and Safety Regulation
Published Date: 10 May 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
WorkSafe BC has announced its intention to update rules concerning emergency planning for chemical and biological agents. It would update the requirements for emergency response plans, maintenance of hazardous substances inventories, risk assessments, emergency procedures, and employee training.
The changes would be made by amending the Occupational Health and Safety Regulation.
Interested parties may submit comments until 19 June 2023.
A draft of the proposed changes is available here. Additional information is available here.
Ontario
Amendments to the blue box regulation to expand deductions for producers
Published Date: 17 May 2023
Industry Sector: General Industry, Building Management & Maintenance
The Ontario Ministry of the Environment, Conservation and Parks is reviewing blue box obligations for producers and is seeking feedback regarding potential changes. The proposed changes would notably:
- “expand permitted deductions to allow producers to deduct the weight of blue box materials managed outside the blue box system”;
- “clarify that producers could deduct materials collected from industrial, commercial and institutional sources that producers are not required to provide blue box collection services to under the blue box regulation”;
- clarify that “beverage containers cannot be deducted” and that “materials that are deducted cannot count toward a producers’ management targets”; and
- “update annual reporting deadlines in the blue box regulation from April 30 to May 31” to “create alignment with similar reporting requirements in other jurisdictions.”
According to the government, these changes would notably “better align producers’ obligations with the amount of their material that is collected in the blue box system” and “ensure that producers’ supply data better aligns with their collection requirements.”
The changes would be made by amending Blue Box.
Interested parties are invited to submit comments until 16 June 2023.
Additional information is available here.
Prince Edward Island
PEI Energy Blueprint
Published Date: 25 April 2023
Industry Sector: Genera Industry, Office Spaces, Building Management & Maintenance
The Government of Prince Edward Island (PEI) is seeking feedback “about energy in PEI to help guide future legislation and government priorities and develop a new energy strategy for PEI.” According to the government, an updated strategy is needed as “[t]here is an increased interest in resiliency, reliability and security in [PEI’s] energy system from the increasing amount of major storms and other issues related to climate change as well as the volatile price of petroleum products.”
The strategy would address topics such as renewable energy and its storage, energy production generally, net-zero emissions commitments, and net metering.
Interested parties are invited to read the PEI Energy Blueprint Discussion Paper and provide input by completing a survey here.
Additional information is available here.
Saskatchewan
Potential Environmental Code Chapter for Compost Facilities
Published Date: 1 May 2023
Industry Sector: Other Industry
The Saskatchewan Ministry of Environment (the “Ministry”) is seeking feedback on the potential adoption of an environmental code chapter for compost facilities. The proposed code chapter notably outlines:
- requirements that “must be met for siting a new compost facility or expanding an existing facility”;
- “all design and construction considerations for facilities”, which according to the Ministry would “continue to prevent impacts on environmental and human receptors”;
- requirements for “operating and emergency response plans” that “ensure consideration for sound operations and the prevention of adverse impacts”;
- “operating duties and procedures, based on best practices, required to ensure environmental protection through operation”;
- “provisions for establishing an environmental monitoring plan”; and
- requirements “for the closure of a compost facility.”
The proposed code chapter would also establish a “standard for acceptable feedstock and amendments” that will be “used concurrently with the chapter”.
The chapter would be added to the Saskatchewan Environmental Code.
Interested parties are invited to complete a survey here until 30 June 2023.
Additional information is available here.
United States
Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3
Published Date: 27 April 2023
Industry Sector: Road Transportation Industry, Hardware Manufacturing Industry
The U.S. Environmental Protection Agency (EPA) has announced its intention to establish greenhouse gas (GHG) emissions standards for heavy-duty highway vehicles for model years (MYs) 2028 through 2032 and update existing standards for MY 2027. According to the EPA, the changes would “set progressively more stringent GHG emission standards that would apply to MYs 2027, 2028, 2029, 2030, 2031, and 2032 and later for numerous vocational vehicle and tractor subcategories.” Changes would also:
- “eliminate the last MY of the [Heavy-Duty Engines and Vehicles—Phase 2 rule (“HD GHG Phase 2”)] advanced technology incentive program for certain types of electric highway heavy-duty vehicles”;
- “add warranty requirements for batteries and other components of zero-emission vehicles [and] require customer-facing battery state-of-health monitors for plug-in hybrid and battery electric vehicles”; and
- clarify “certain highway heavy-duty vehicle provisions and certain test procedures for heavy-duty engines.”
Interested parties may submit comments until 16 June 2023.
Additional information is available here and here.
National Emission Standards for Hazardous Air Pollutants: Ethylene Production, Miscellaneous Organic Chemical Manufacturing, Organic Liquids Distribution (Non-Gasoline), and Petroleum Refineries Reconsideration
Published Date: 27 April 2023
Industry Sector: Chemical Industry, Oil & Gas Industry, Utilities & Communications Industry
The U.S. Environmental Protection Agency (EPA) has announced its intention to update “work practice standards for [pressure relief devices (PRDs)], emergency flaring, and degassing of floating roof storage vessels.” It would also update Ethylene Production maximum achievable technology standards, Organic Liquids Distribution (Non-Gasoline) national emission standards for hazardous air pollutants (NESHAP), Miscellaneous Organic Chemical Manufacturing NESHAP, and Petroleum Refineries NESHAP, and add “requirements for pressure-assisted flares and mass spectrometers to the Petroleum Refineries NESHAP.”
Interested parties may submit comments until 12 June 2023.
Additional information is available here.
Methylene Chloride; Regulation Under the Toxic Substances Control Act (TSCA)
Published Date: 3 May 2023
Industry Sector: General Industry
The U.S. Environmental Protection Agency (EPA) has announced its intention to generally prohibit methylene chloride (also known as dichloromethane).
According to the EPA, the substance “is acutely lethal, a neurotoxicant, a likely human carcinogen, and presents cancer and non-cancer risks following chronic exposures as well as acute risks.” It is, however, “a widely used solvent in a variety of consumer and commercial applications including adhesives and sealants, automotive products, and paint and coating removers.”
The EPA would prohibit “the manufacture, processing, and distribution in commerce [and] most industrial and commercial uses of methylene chloride,” and “require a workplace chemical protection program (WCPP), which would include a requirement to meet inhalation exposure concentration limits and exposure monitoring for certain continued conditions of use of methylene chloride.” It would also establish recordkeeping and reporting requirements “for several conditions of use of methylene chloride” and provide for certain limited exemptions from the prohibitions on use of the substance.
Interested parties may submit comments until 3 July 2023.
Additional information is available here.
Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles
Published Date: 5 May 2023
Industry Sector: Road Transportation Industry, Hardware Manufacturing Industry
The United States Environmental Protection Agency (EPA) has announced its intention to introduce “new, more stringent emissions standards for criteria pollutants and greenhouse gases (GHG) for light-duty vehicles and Class 2b and 3 (“medium-duty”) vehicles that would phase-in over model years 2027 through 2032.” It would also revise the GHG program “in several areas, including off-cycle and air conditioning credits, the treatment of upstream emissions associated with zero-emission vehicles and plug-in hybrid electric vehicles in compliance calculations, medium-duty vehicle incentive multipliers, and vehicle certification and compliance.”
New standards are also proposed “to control refueling emissions from incomplete medium-duty vehicles, and battery durability and warranty requirements for light-duty and medium-duty plug-in vehicles.” Finally, EPA would make “minor amendments to update program requirements related to aftermarket fuel conversions, importing vehicles and engines, evaporative emission test procedures, and test fuel specifications for measuring fuel economy.”
Interested parties may submit comments until 5 July 2023.
Additional information is available here.
National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products
Published Date: 18 May 2023
Industry Sector: Printing and Pulp and Paper Industry
The United States Environmental Protection Agency (EPA) has announced its intention to update “the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Plywood and Composite Wood Products (PCWP).”
The changes would introduce “HAP standards for processes currently unregulated for total HAP (including acetaldehyde, acrolein, formaldehyde, methanol, phenol, propionaldehyde), non-mercury (non-Hg) HAP metals, mercury (Hg), hydrogen chloride (HCl), polycyclic aromatic hydrocarbons (PAH), dioxin/furan (D/F), and methylene diphenyl diisocyanate (MDI).” They would also “include emission limitations and work practices applicable for PCWP process units and lumber kilns located at facilities that are major sources of HAP emissions.”
Interested parties may submit comments until 3 July 2023.
Additional information is available here.
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy CCR Surface Impoundments
Published Date: 18 May 2023
Industry Sector: Utilities & Communications Industry
The United States Environmental Protection Agency (EPA) has announced its intention to “establish regulatory requirements for inactive surface impoundments at inactive facilities (legacy [coal combustion residuals (CCR)] surface impoundments) [and] to establish groundwater monitoring, corrective action, closure, and post-closure care requirements for all CCR management units (regardless of how or when that CCR was placed) at regulated CCR facilities.”
According to the EPA, these changes “[apply] to and may affect all CCR generated by electric utilities and independent power producers.”
Interested parties may submit comments until 17 July 2023. EPA will also host an in-person public meeting on 28 June 2023 and a virtual public hearing on 12 July 2023.
Additional information is available here.
Pipeline Safety: Gas Pipeline Leak Detection and Repair
Published Date: 18 May 2023
Industry Sector: Oil & Gas Industry
The United States Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced its intention to update rules governing pipeline safety. The proposed changes include “strengthened leakage survey and patrolling requirements; performance standards for advanced leak detection programs; leak grading and repair criteria with mandatory repair timelines; requirements for mitigation of emissions from blowdowns; pressure relief device design, configuration, and maintenance requirements; and clarified requirements for investigating failures.” Reporting requirements for operators of gas pipeline facilities (including underground natural gas storage facilities and liquefied natural gas facilities) would also be expanded.
According to PHMSA, the changes would “reduce methane emissions from new and existing gas transmission pipelines, distribution pipelines, regulated (Types A, B, C and offshore) gas gathering pipelines, underground natural gas storage facilities, and liquefied natural gas facilities.”
Interested parties may submit comments until 17 July 2023.
Additional information is available here.
Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule
Published Date: 22 May 2023
Industry Sector: General Industry, Building Management & Maintenance
The United States Environmental Protection Agency (EPA) has announced its intention to update rules concerning greenhouse gas reporting. According to the EPA, the changes would notably “require reporting of greenhouse gas data from additional sectors—specifically energy consumption; coke calcining; ceramics production; calcium carbide production; and caprolactam, glyoxal, and glyoxylic acid production.”
Other changes would include “updates to emissions calculation methodologies; revisions to reporting requirements to improve verification of reported data and the accuracy of the data collected; and other minor technical amendments, corrections, or clarifications.” EPA “also proposes to establish and amend confidentiality determinations for the reporting of certain data elements to be added or substantially revised in these proposed amendments.”
Interested parties may submit comments until 21 July 2023.
Additional information is available here.
New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule
Published Date: 23 May 2023
Industry Sector: General Industry, Building Management & Maintenance
The United States Environmental Protection Agency (EPA) has announced its intention to update rules concerning “greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs).” It would “[revise] new source performance standards (NSPS), first for GHG emissions from new fossil fuel-fired stationary combustion turbine EGUs and second for GHG emissions from fossil fuel-fired steam generating units that undertake a large modification.”
Emission guidelines would be introduced for GHG emissions from “existing fossil fuel-fired steam generating EGUs, which include both coal-fired and oil/gas-fired steam generating units, [… and] from the largest, most frequently operated existing stationary combustion turbines.”
Finally, the EPA would repeal the Affordable Clean Energy Rule, which “[established] emission guidelines for states to develop plans to address [GHG] emissions from existing coal-fired power plants.”
Interested parties may submit comments until 24 July 2023.
Additional information is available here.
Marine Equipment on Board Vessels and Offshore Units or Facilities
Published Date: 23 May 2023
Industry Sector: Oil & Gas Industry, Water Transportation Industry
The United States Coast Guard has announced its intention to “revise regulations associated with the approval, carriage, and maintenance of certain safety equipment required on board vessels and offshore units or facilities.”
According to the Coast Guard, the changes “would eliminate outdated requirements, reduce inspection and testing requirements, and update standards incorporated by reference.” They would also align U.S. regulations with the International Convention for the Safety of Life and Sea.
Interested parties may submit comments until 24 July 2023.
Additional information is available here.
Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA)
Published Date: 26 May 2023
Industry Sector: Chemical Industry, Mining & Minerals Industry, Oil & Gas Industry
The United States Environmental Protection Agency (EPA) has announced its intention to update chemicals procedural regulations, that, according to the EPA, “would reduce the need to redo all or part of the risk assessment by improving information initially submitted in new chemicals notices, which should also help reduce the length of time that new chemicals notices are under review.”
Other changes would be made “to the regulations for low volume exemptions (LVEs) and low release and exposure exemptions (LoREXs), which include requiring EPA approval of an exemption notice prior to commencement of manufacture, making per- and polyfluoroalkyl substances (PFAS) categorically ineligible for these exemptions, and providing that certain persistent, bioaccumulative, toxic (PBT) chemical substances are ineligible for these exemptions”.
Interested parties may submit comments until 25 July 2023.
Additional information is available here.
European Union
Proposal for a Regulation of the European Parliament and of the Council on detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing Regulation (EC) No 648/2004
Published Date: 28 April 2023
Industry Sector: Chemical Industry
The European Commission has announced its intention to update the rules applicable to detergents and surfactants respecting their free movement in the internal market and the protection of environment and human health.
According to the proposal, the changes would be made by revising Regulation (EC) 648/2004 on detergents, notably including:
- reducing the regulatory burden on economic operators by updating labeling requirements;
- removing the ingredient data sheet for hazardous detergents and requiring it only for non-hazardous detergents;
- removing the EU establishment obligation for detergent and surfactant manufacturers, while introducing the product passport and new market surveillance provisions to ensure that all detergents and surfactants comply with the requirements, regardless of where the manufacturer is established; and
- facilitating refill sales of detergents.
Additional information about this initiative is available here and here.
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector
Published Date: 24 May 2023
Industry Sector: Road Transportation Industry
The European Commission has announced its intention to organize the working time for bus and coach drivers by amending Regulation (EC) No 561/2006 of the European Parliament and of the Council.
According to the proposal, the changes would notably:
- update the definition of “regular passenger services” and add the definition of “occasional passenger services”;
- allow drivers engaged in occasional passenger services to take three breaks of at least 15 minutes each, distributed over the driving period; and
- provide certain derogations for drivers engaged in occasional passenger services, allowing them to postpone their daily and weekly rest periods under certain conditions while ensuring road safety and compliance with driving time limits.
Additional information about this initiative is available here and here.
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