Proposed EHS regulatory changes – April 2023

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 – Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999
• Federal – Regulations Amending the Marine Safety Fees Regulations (Vessel Registry Fees)
• British Columbia – Consultation on proposed amendments to Part 6 of the Occupational Health and Safety Regulation
• British Columbia – Bill 23 – Motor Vehicle Amendment Act, 2023
• British Columbia – Stewarding Agricultural Watercourses
• New Brunswick – Amendments to the Water Circulation Systems Regulation – Public Health
• Ontario – Advancing Innovation in Ontario’s Energy Sector
• Ontario – Proposed changes to the OGSRA to regulate projects to test or demonstrate new or innovative activities, such as geologic carbon storage, and to safeguard people and the environment
• Quebec – Manure anaerobic digestion projects eligible for the issuance of offset credits
• Quebec – Charges payable for the use of water—Amendment
• Quebec – Declaration of water withdrawals—Amendment
• Quebec – Bill 492, An Act to combat waste
• Quebec – Bill 392, An Act respecting the suspension of the issuing of new mining claims and ending the precedence of mining and gas rights over other land uses

United States

• Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category
• Passenger Equipment Safety Standards; Standards for High-Speed Trainsets
• Endangered and Threatened Species; Petition To Establish a Vessel Speed Restriction and Other Vessel-Related Measures To Protect Rice’s Whales
• Petroleum-Equivalent Fuel Economy Calculation
• Addressing PFAS in the Environment
• National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review
• Section 30D New Clean Vehicle Credit
• Public Hearing for Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles
• New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry

European Union

• Proposal for a Directive of the European Parliament and of the Council on substantiation and communication of explicit environmental claims (Green Claims Directive)
• Proposal for a Directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828

Canada – Federal

Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999

Published Date: 1 April 2023
Industry Sector: Chemical Industry, Food Industry

The Government of Canada has announced its intention to add chlorocresol (phenol, 4-chloro-3-methyl- (CAS RN 59-50-7)) to the List of Toxic Substances contained in Schedule 1 of the Canadian Environmental Protection Act, 1999 (SC1999,c33).

According to the government, chlorocresol is not naturally occurring in Canada, but is imported and used “as an ingredient in certain cosmetics such as body moisturizer creams and lotions, and as a non-medicinal ingredient in [some] natural health products and non-prescription drugs used to treat temporary skin irritations.” It is also an ingredient in pest control products and “may also be used […] as a component in incidental additives (lubricants) used in food processing facilities.”

The change would be implemented by amending the Canadian Environmental Protection Act, 1999.

Interested parties may submit comments until 31 May 2023.

Additional information is available here.

Regulations Amending the Marine Safety Fees Regulations (Vessel Registry Fees)

Published Date: 8 April 2023
Industry Sector: Water Transportation Industry

The Government of Canada has announced its intention to streamline marine vessel safety and registration fee rules. According to the government, the changes would notably “[charge] new fees for some services that are currently provided for free, including a new fee for clients to renew their large vessel registrations,” increase, lower, or remove other fees, and make some adjustments “based on the Consumer Price Index.”

These changes would be made by repealing the Vessels Registry Fees Tariff and amending the Marine Safety Fees Regulations.

Interested parties may submit comments until 7 June 2023.

Additional information is available here.

British Columbia

Consultation on proposed amendments to Part 6 of the Occupational Health and Safety Regulation

Published Date: 13 April 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

WorkSafeBC is seeking feedback on proposed rules concerning “the management of health and safety risks associated with combustible dusts at the workplace.”

The new rules would introduce substance-specific requirements for workplaces, hazard identification, assessment and management plans, employee training, risk control measures for employees and various types of machinery, and fire and deflagration control measures.

The changes would be made by amending the Occupational Health and Safety Regulation.

Additional information, including the proposed text, is available here and here.

Interested parties may submit comments until 8 June 2023.

Bill 23 – Motor Vehicle Amendment Act, 2023

Published Date: 20 April 2023
Industry Sector: Road Transportation Industry

The Government of British Columbia has announced its intention to update road safety rules as “part of [its] Clean Transportation Action Plan to be released later this year”.

The changes would notably require the use of speed limiters by heavy commercial vehicles on highways (with certain exceptions) to, according to the government, “regulate the maximum speed of heavy-duty commercial vehicles, decreasing [greenhouse gas] emissions, reducing speed-related crashes and making it safer for all road users.”

They would also add requirements for drivers to take precautions around “vulnerable road users,” cyclists, and pedestrians, and add rules for the operation of personal mobility devices, micro-utility devices, and motor assisted cycles.

The changes would be made by amending the Motor Vehicle Act.

Additional information is available here and here.

Stewarding Agricultural Watercourses

Published Date: 21 April 2023
Industry Sector: Agricultural Industry

The Government of British Columbia is seeking feedback on a proposal intended to improve water resource stewardship on agricultural lands. The proposal contains four strategies that the government would like feedback on to develop its agricultural water stewardship action plan:

1. Coordinate watercourse stewardship at a watershed level;
2. Create opportunities for communication and outreach;
3. Collaborate to improve permits, notifications, and authorization processes; and
4. Connect producers with funding for watercourse stewardship.

Interested parties may submit feedback until 10 May 2023.

Additional information is available here and here.

New Brunswick

Amendments to the Water Circulation Systems Regulation – Public Health

Published Date: 12 April 2023
Industry Sector: General Industry, Building Management & Maintenance

The Government of New Brunswick has announced its intention to update requirements for water circulation systems. The changes would require holders of licences to operate and maintain water circulation systems to develop a water management program and operate their system in accordance with the program. The proposal sets out rules governing the preparation of a water management program, monitoring, reporting and recordkeeping requirements, and sets out when corrective actions must be taken.

The proposed “‘water management program’ means a Legionella bacteria control water management program.” According to the Public Health Agency of Canada, “Legionella are bacteria that live in water that can cause two types of illness in humans: Legionnaires’ disease and Pontiac fever.”

The changes would be made by amending the Water Circulation Systems Regulation – Public Health Act.

Interested parties may submit comments until 4 May 2023.

Additional information is available here.

Ontario

Advancing Innovation in Ontario’s Energy Sector

Published Date: 3 April 2023

The Ontario Ministry of Energy has announced its intention to exempt certain energy development projects from some licensing requirements “on a time-limited basis”. According to the government, the changes would allow the Ontario Energy Board to “[grant] exemptions from the requirement to hold one or more of the following: an electricity distribution licence, a unit-sub metering licence, an energy retailer licence, and an electricity wholesaler licence,” for proponents of innovative projects or demonstration projects (“that show clear potential to support cost reduction or decarbonization objectives”).

The changes would be made by amending the Ontario Energy Board Act, 1998.

Interested parties may submit comments until 18 May 2023.

Additional information is available here.

Proposed changes to the OGSRA to regulate projects to test or demonstrate new or innovative activities, such as geologic carbon storage, and to safeguard people and the environment

Published Date: 6 April 2023
Industry Sector: General Industry

The Government of Ontario has announced its intention to “create an authorization process for special projects to test or demonstrate new activities, such as carbon storage.” According to the government, this would make certain rules apply to those projects (that otherwise would not), and would allow flexibility in authorization processes to address the characteristics of special projects.

The changes would notably establish eligibility criteria for projects to be considered special projects such as whether a project’s purpose “is to test, assess, pilot, or demonstrate an activity, method, or technology that is new or innovative,” or whether it would use “one or more existing wells to access underground geological formations of Cambrian age or younger.”

They would also revise the Minister’s powers and responsibilities in the authorization process, particularly in determining whether a project may be exempt from certain requirements. New authorities to oversee compliance with and enforcement of rules for eligible projects.

These changes would be made by amending the Oil, Gas and Salt Resources Act.

Interested parties may submit comments until 18 May 2023.

Additional information is available here.

Quebec

Manure anaerobic digestion projects eligible for the issuance of offset credits

Published Date: 5 April 2023
Industry Sector: Animal Production & Aquaculture Industry

The Government of Quebec has announced its intention to establish rules allowing manure anaerobic digestion projects to obtain offset credits. According to the government, the rules would:

• define “the conditions in which a manure anaerobic digestion project is eligible for the issuance of offset credits, and the general conditions for the implementation of a project”;
• establish “a project notice mechanism to inform the Minister of the intention of the promoter of an eligible project to file an application for the issuance of offset credits”;
• prescribe “the methods used to quantify the greenhouse gas emission reductions attributable to an eligible project, along with the contents of the project report the promoter is required to file for each emissions reduction reporting period”;
• establish conditions for the accreditation and independence of verification bodies, verifiers, and members of the promotion team conducting the verification of project reports; and
• set “the conditions that apply to the use, maintenance, verification and calibration of the measurement instruments used to quantify the greenhouse gas emission reductions attributable to an eligible project, and to the use and maintenance of the reclamation and destruction devices used by the promoter.”

The rules would take effect by enacting the Regulation respecting manure anaerobic digestion projects eligible for the issuance of offset credits.

Interested parties may submit comments until 20 May 2023.

Additional information is available here.

Charges payable for the use of water—Amendment

Published Date: 12 April 2023
Industry Sector: General Industry, Building Management & Maintenance

The Government of Quebec has announced its intention to increase water usage charges in the province. According to the government, the basic rate of charges would increase “by $2.5 per million litres ($/ML) to $35/ML on 1 January 2024, [and] increase it annually by 3%.” Water use rates that are “applicable to activities that incorporate water to as a product” would increase from $70/ML to $150/ML and would also increase by 3% annually.

The changes would also add new charges “for the activities for the production of water in bottles or other containers, and for the activities for the transportation of water by volume, whether or not the water is intended for human consumption.” They would replace “the threshold criterion to the charges for the use of water, currently based on daily average volumes (calculated on a monthly basis), by a criterion based on the maximum daily volume,” and would reduce the maximum daily volume threshold over which an industry may be subject to water charges.

Finally, the revisions would affect the applicability of water charges, related monitoring and reporting requirements, as well as applicable fees if certain information is not submitted to the government.

These changes would be implemented by amending the Regulation respecting the charges payable for the use of water.

Interested parties may submit comments until 27 May 2023.

Additional information is available here.

Declaration of water withdrawals—Amendment

Published Date: 12 April 2023
Industry Sector: General Industry, Building Management & Maintenance

The Government of Quebec has announced its intention to update rules concerning water withdrawals. According to the government, the changes would:

• replace “the threshold criterion for the annual declaration of withdrawal activities and volumes of water withdrawn, currently based on the average daily volumes (calculated on a monthly basis), by a criterion based on a maximum daily volume”;
• “[introduce] a provision specifying that as soon as the volume of water withdrawn in a day is equal to or greater than 50,000 litres, a declaration is required for that year and for any subsequent year, regardless of the volume”;
• require “every withdrawer who does not reach the threshold for the annual declaration of withdrawal activities and volumes of water withdrawn to record in a document and update information on the withdrawal,” with certain exceptions; and
• “simplify the interpretation and application of certain [rules].”

The changes would be made by amending the Regulation respecting the declaration of water withdrawals.

Interested parties may submit comments until 27 May 2023.

Additional information is available here.

Bill 492, An Act to combat waste

Published Date: 18 April 2023
Industry Sector: General Industry, Building Management & Maintenance

The Government of Quebec has announced its intention to develop a national strategy to combat waste and reduce food waste in particular. According to the government, obligations would be introduced “for processors, distributors and retailers of food products [and non-food products] to enter into donation agreements with respect to their [recoverable or useable] unsold products”. It would also–

• “require manufacturers, processors, distributors and retailers who, despite serious efforts made, have been unable to enter into an agreement with a recognized organization to enter into an agreement with respect to their unsold products with Recyc-Québec”;
• prohibit “voluntarily causing to be unfit for human consumption any food product or intentionally destroying or rendering unusable any other [food or non-food] good” that would be the subject of the aforementioned donation agreements; and
• formalize “the right to repair,” which requires merchants and manufacturers to make “replacement parts, tools and repair services required for the maintenance or repair of a good that is the object of a contract” reasonably available.

The changes would be made by enacting An Act to combat waste and amending the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation.

Additional information is available here.

Bill 392, An Act respecting the suspension of the issuing of new mining claims and ending the precedence of mining and gas rights over other land uses

Published Date: 18 April 2023
Industry Sector: Mining & Minerals Industry

The Government of Quebec has announced its intention to suspend the issuance of new mining claims for two years, with the possibility to extend the suspension. It would also revise rules such that provincial, regional, or municipal land use or zoning regulations “could have the effect of preventing the staking or designation on a map of a claim, or exploration or search for or the development of mineral substances […] and gas storage”.

The changes would be made by enacting An Act respecting the suspension of the issuing of new mining claims and ending the precedence of mining and gas rights over other land uses and amending the Act Respecting Land use Planning and Development.

Additional information is available here.

United States

Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category

Published Date: 29 March 2023
Industry Sector: Utilities & Communications Industry

The United States Environmental Protection Agency (EPA) has announced its intention to introduce new rules concerning the discharge of wastewater by electric power plants and coal-fired power plants.

According to the EPA, the changes would “revise the technology-based effluent limitations guidelines and standards (ELGs) for the steam electric power generating point source category applicable to flue gas desulfurization (FGD) wastewater, bottom ash (BA) transport water, and combustion residual leachate (CRL) at existing sources.”

The limitations would be “a zero-discharge limitation for all air pollutants in FGD wastewater and BA transport water [and] numeric (non-zero) discharge limitations for mercury and arsenic in CRL.”

The rules would also “eliminate the separate, less stringent [Best Available Technology (BAT)] requirements for two subcategories: high flow facilities and low utilization electric generating units [and] create separate requirements for a new subcategory of facilities that have already complied with [earlier rules] where such facilities would retire by 2032.”

Interested parties may submit comments until 30 May 2023.

Additional Information is available here.

Passenger Equipment Safety Standards; Standards for High-Speed Trainsets

Published Date: 3 April 2023
Industry Sector: Rail Transportation Industry

The United States Federal Railroad Administration (FRA) has announced its intention to update its rules concerning train safety.

According to FRA, the changes would “modernize Tier I and Tier III safety appliance requirements; update the pre-revenue compliance documentation and testing requirements; establish crashworthiness requirements for individual Tier I-compliant vehicles equipped with crash energy management (CEM); establish standards for Tier III inspection, testing, and maintenance (ITM) and movement of defective equipment (MODE); incorporate general safety requirements from FRA’s Railroad Locomotive Safety Standards for Tier III trainsets; and provide for periodic inspection of emergency lighting to ensure proper functioning.”

Interested parties may submit comments until 2 June 2023.

Additional information is available here.

Endangered and Threatened Species; Petition To Establish a Vessel Speed Restriction and Other Vessel-Related Measures To Protect Rice’s Whales

Published Date: 7 April 2023
Industry Sector: Water Transportation Industry

The United States National Marine Fisheries Service (NMFS) is seeking feedback on a petition “to establish a year-round 10-knot (kn) (5.1 meters/second) vessel speed limit and other vessel-related mitigation measures in the Rice’s whale ‘core’ habitat area.”

The speed restriction would apply “within waters between 100 meters (m) and 400 m deep from approximately Pensacola, FL, to just south of Tampa, FL […] plus an additional 10 kilometers (km) around that area.” Other restrictions would include “(a) no vessel transits at night; (b) vessels transiting through the zone must report their plans to NMFS, utilize visual observers, and maintain a separation distance of 500 m from Rice’s whales; (c) use and operate an Automatic Identification System, or notify NMFS of transits through the zone; and (d) report deviations from these requirements to NMFS.”

Interested parties may submit comments until 6 July 2023.

Additional information is available here and here.

Petroleum-Equivalent Fuel Economy Calculation

Published Date: 11 April 2023
Industry Sector: Road Transportation Industry, Hardware Manufacturing Industry

The United States Department of Energy has announced its intention to update rules “regarding procedures for calculating a value for the petroleum-equivalent fuel economy of electric vehicles (or ‘EVs’) for use in the Corporate Average Fuel Economy (CAFE) program.” CAFE standards “are fleet-wide averages that must be achieved by each automaker for its car and truck fleet”. Read more about the program here.

Interested parties may submit comments until 12 June 2023.

Additional information is available here.

Addressing PFAS in the Environment

Published Date: 13 April 2023
Industry Sector: General Industry

The United States Environmental Protection Agency is seeking feedback “to assist in the consideration of potential development of future regulations pertaining to per- and polyfluoroalkyl substances (PFAS),” specifically with regard to potential hazardous substance designation of seven PFAS and their salts and structural isomers (or some subset thereof), precursors to perfluorooctanoic acid, and perfluorooctanesulfonic acid.

Interested parties may submit comments until 12 June 2023.

Additional information is available here, here, and here.

National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review

Published Date: 13 April 2023
Industry Sector: General Industry

The United States Environmental Protection Agency (EPA) has announced its intention to update the National Emission Standards for Hazardous Air Pollutants (NESHAP) for commercial sterilization facilities. According to the EPA, the changes would:

• “specifically address ethylene oxide (EtO) emissions from point source and room air emissions from all commercial sterilization facilities”;
• “correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including removing general exemptions for periods of SSM and adding work practice standards for periods of SSM where appropriate”; and
• “revise monitoring and performance testing requirements [and] add provisions for electronic reporting of performance test results and reports, performance evaluation reports, and compliance reports.”

Interested parties may submit comments until 12 June 2023.

Additional information is available here and here.

Section 30D New Clean Vehicle Credit

Published Date: 17 April 2023
Industry Sector: General Industry

The United States Internal Revenue Service has announced its intention to introduce an income tax credit “for the purchase of qualifying new clean vehicles, including new plug-in electric vehicles powered by an electric battery meeting certain requirements and new qualified fuel cell vehicles.”

Interested parties may submit comments until 16 June 2023.

Additional information is available here and here.

Public Hearing for Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles

Published Date: 24 April 2023
Industry Sector: Road Transportation Industry, Hardware Manufacturing Industry

The United States Environmental Protection Agency (EPA) is hosting a two-day virtual public hearing concerning its proposed “new, more stringent emission standards for greenhouse gases (GHG) and criteria pollutants for light-duty vehicles and Class 2b and 3 (‘medium-duty’) vehicles that would phase-in over model years 2027 through 2032.”

It is also proposing “GHG program revisions in several areas, including off-cycle and air conditioning credits and vehicle certification and compliance,” and “new standards to control refueling emissions from incomplete medium-duty vehicles, and battery durability and warranty requirements for light-duty and medium-duty plug-in vehicles.”

The virtual hearings will be held on 9 and 10 May 2023. Interested parties should notify EPA by 2 May 2023 if they intend on attending or speaking at a hearing.

Additional information is available here and here.

New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry

Published Date: 25 April 2023
Industry Sector: Chemicals Industry

The United States Environmental Protection Agency (EPA) has announced its intention to update New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Synthetic Organic Chemical Manufacturing Industry (SOCMI) and Group I and II Polymers and Resins Industries (P&R I and P&R II). According to the EPA, the changes would—

• update NESHAP for SOCMI (commonly referred to as Hazardous Organic NESHAP or HON) “for heat exchange systems, process vents, storage vessels, transfer racks, wastewater, and equipment leaks”;
• update “P&R I for heat exchange systems, process vents, storage vessels, wastewater, and equipment leaks”;
• for P&R II, “add requirements for heat exchange systems […] and require owners and operators of wet strength resins (WSR) sources to comply with both the equipment leak standards in the HON and the [hazardous air pollutant] emissions limitation for process vents, storage tanks, and wastewater systems”;
• “add the same dioxin and furan emission standard […] for chlorinated process vents as in the HON and P&R I”;
• amend the applicability of certain NSPS so that they would only apply to sources constructed, reconstructed, or modified on or before specified dates;
• “require owners and operators to reduce emissions of total organic carbon (TOC) (minus methane and ethane) from all vent streams of an affected facility” by a specified amount; and
• “eliminate the relief valve discharge exemption from the definition of ‘vent stream’ such that any relief valve discharge to the atmosphere of a vent stream is a violation of the emissions standards”.

Interested parties may submit comments until 26 June 2023. EPA will also host a virtual public hearing on 16 May 2023.

Additional information is available here and here.

European Union

Proposal for a Directive of the European Parliament and of the Council on substantiation and communication of explicit environmental claims (Green Claims Directive)

Published Date: 22 March 2023
Industry Sector: General Industry

The European Commission has announced its intention to regulate and ensure the accuracy of the environmental claims made by traders related to their products/services or business practices when selling to consumers. According to the European Commission, the proposal would notably:

• set out minimum requirements for environmental claims and labeling in business-to-consumer practices, while not conflicting with other Union legislation;
• integrate new elements into consumer protection legislation for environmental claims, such as requiring them to be substantiated by meeting certain assessment criteria, providing exemptions for microenterprises, and setting requirements for comparative claims;
• establish requirements for the reliability of the information provided in environmental claims;
• outline requirements for environmental labels and labelling schemes;
• require third-party verification and certification for environmental claims and labels before they can be used in commercial communication; and – support small and medium-sized enterprises by providing financial support, access to finance, management and staff training, as well as organizational and technical assistance.

Additional information about this initiative is available here and here.

Proposal for a Directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828

Published Date: 22 March 2023
Industry Sector: General Industry

The European Commission has announced its intention to promote sustainable practices in the use of goods with the aim of improving the functioning of the internal market. According to the European Commission, the proposal would notably:

• establish common rules to promote the repair of goods purchased by consumers;
• introduce obligations for repairers to provide standardized key information on their repair services to allow consumers to easily compare and evaluate different repair services;
• introduce obligations for producers to repair defects outside the seller’s liability upon request by consumers and against a price, as well as the limitation of this obligation;
• require producers to inform consumers of their obligation to repair goods and provide information on repair services in a clear and understandable manner; and
• introduce provisions respecting the establishment of national platforms that matches consumers with repairers.

Additional information about this initiative is available here and here.

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