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 – Certain Products Containing Toxic Substances Regulations
- British Columbia – Bill 39 – Zero-Emission Vehicles Amendment Act, 2023
- British Columbia – Bill 48 – Labour Statutes Amendment Act, 2023
- British Columbia – Consultation on proposed B.C. Exposure Limits based on the new or revised 2019 and 2020 ACGIH TLVs for selected chemical substances
- New Brunswick – Bill 6, An Act to Amend the Clean Environment Act
- New Brunswick – Bill 10, An Act to Amend the Electricity Act
- Newfoundland & Labrador – Climate Change Action Plans Engagement and Consultations
- Ontario – Bill 136, Greenbelt Statute Law Amendment Act, 2023
- Ontario – Ontario Regulation 429/04 Amendments Related to the Treatment of Corporate Power Purchase Agreements
- Ontario – Renewing the Ontario Invasive Species Strategic Plan
- Ontario – Regulatory amendments to clarify program requirements and improve program efficiency for Emissions Performance Standards (EPS) and GHG Reporting programs
United States
- Land Uses; Special Uses; Carbon Capture and Storage Exemption
- Transit Worker Hours of Service and Fatigue Risk Management Virtual Listening Session
- National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing
- Potential Future Regulation for Emergency Release Notification Requirements for Animal Waste Air Emissions Under the Emergency Planning and Community Right-to-Know Act (EPCRA)
- Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)
European Union
- Proposal for a Regulation of the European Parliament and of the Council on a monitoring framework for resilient European forests
Canada – Federal
Certain Products Containing Toxic Substances Regulations
Published Date: 18 November 2023
Industry Sector: Chemical Industry, Mining & Minerals Industry
The Government of Canada has announced its intention to regulate certain coal tar-based sealant products (which contain polycyclic aromatic hydrocarbons (PAHs) which meet the federal criteria for toxic substances. According to the government, the rules would:
- “prohibit the manufacture and import of certain sealant products containing coal tars and certain sealant products containing PAHs whose total concentration exceeds 1 000 ppm by January 1, 2025” with certain exemptions;
- prohibit the sale and offer of sale of coal tars and PAHs “above the 1 000 ppm concentration limit […] by June 30, 2025,” without a permit;
- include “a temporary exemption for the sale and offer for sale of coal tar-based sealant products for industrial use on metal, structural steel or concrete components or on pipelines or other buried services until January 1, 2028”;
- similarly regulate 2-Butoxyethanol (2-BE); and
- “[outline] requirements for permit applications and renewal, conditions for issuance, and grounds for refusal or revocation of the permit [as well as] provisions for record keeping, including information requirements, format, and timeline for retention of records.”
The rules would be implemented by enacting the Certain Products Containing Toxic Substances Regulations, amending the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999), and repealing the 2- Butoxyethanol Regulations.
Interested parties may submit comments until January 27, 2024.
Additional information is available here.
Canada – British Columbia
Bill 39 – Zero-Emission Vehicles Amendment Act, 2023
Published Date: 31 October 2023
Industry Sector: General Industry
The Government of British Columbia is updating rules governing the sale of zero-emission vehicles (ZEVs) to “increase access and choice for ZEV car buyers, [and] expand B.C.’s charging network.” According to the government, the changes will notably:
- “[modify] targets for the sale of zero-emission vehicles in British Columbia”;
- “require automakers to meet an escalating annual percentage of new light-duty ZEV sales and leases” and prohibit the sale of specified motor vehicles that are not ZEVs beginning in 2035;
- “[add] a requirement to include in a model year report the total number of motor vehicles sold, whether or not those motor vehicles are zero-emission vehicles”; and
- “[require] a supplier to submit a forecast report containing prescribed information about the supplier’s anticipated supply of motor vehicles of subsequent model years”.
The changes would be made by amending the Zero-Emission Vehicles Act.
Additional information is available here.
Bill 48 – Labour Statutes Amendment Act, 2023
Published Date: 22 November 2023
Industry Sector: Road Transportation Industry, Food Industry, Other Industry
The Government of British Columbia has announced its intention to expand employment protections for online platform workers. Changes to various rules would see online platform workers (those who perform “prescribed work that the person accepts through an online platform”) be considered “employees” and “workers” to which various occupational health, safety, and compensation rules apply.
The changes would be made by amending the Employment Standards Act, the Temporary Foreign Worker Protection Act, and the Workers Compensation Act.
Additional information is available here and here.
Consultation on proposed B.C. Exposure Limits based on the new or revised 2019 and 2020 ACGIH TLVs for selected chemical substances
Published Date: 23 November 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
WorkSafeBC is seeking feedback on proposed changes to exposure limits (ELs) for certain chemicals. Exposure limits are developed based on Threshold Limit Values (TLVs) which represent “the airborne concentration of a chemical substance where it is believed that nearly all workers may be exposed over a working lifetime and experience no adverse health effects.” TLVs are typically expressed “as an 8-hour time-weighted average (TWA), 15-minute short-term exposure limit (STEL), or ceiling limit.”
WorkSafeBC is proposing new ELs for thirteen substances (Chromium and inorganic compounds: Metallic Chromium, as Cr(0); Cobalt and inorganic compounds, as Co; Cyclopentadiene; Dicyclopentadiene; Dicyclopentadiene, including Cyclopentadiene (8-hour TWA only); Manganese, elemental and inorganic compounds, as Mn; Resin acids, as total Resin acids; Rosin core solder thermal decomposition products (colophony); Styrene; 1,1,2,2-Tetrabromoethane; Tin and inorganic compounds, excluding Tin hydride, as Sn, Metal; Tin and inorganic compounds, excluding Tin hydride, as Sn, Oxide and Inorganic compounds; Tin and inorganic compounds, excluding Tin hydride and Indium tin oxide, as Sn). Existing ELs for twelve substances would be retained.
Interested parties may submit feedback until 20 January 2023.
Additional information is available here and here.
New Brunswick
Bill 6, An Act to Amend the Clean Environment Act
Published Date: 25 October 2023
Industry Sector: General Industry
The Government of New Brunswick has announced its intention to expand reporting requirements following releases of contaminants into the environment. The changes would prescribe specific persons to whom the obligation to report the release to the government applies and provide the government powers to designate areas as contaminated sites.
They would also set out the persons that may be held responsible for remediation efforts for a contaminated site.
The changes would be made by amending the Clean Environment Act.
Additional information is available here.
Bill 10, An Act to Amend the Electricity Act
Published Date: 1 November 2023
Industry Sector: Utilities & Communications Industry
The Government of New Brunswick has announced its intention to expand permissions on the sale of clean energy. The changes would allow electricity generators (other than the New Brunswick Power Corporation) to sell electricity that they generate from clean sources to consumers within the province if the consumer meets certain criteria.
“Clean sources” would be defined to include solar, wind, hydroelectric, ocean-powered, biogas, biomass, nuclear, sanitary landfill, and “any other source of energy prescribed by regulation”.
The changes would be made by amending the Electricity Act.
Additional information is available here.
Newfoundland & Labrador
Climate Change Action Plans Engagement and Consultations
Published Date: 1 November 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Newfoundland and Labrador is seeking feedback on its “new Climate Change Mitigation Action Plan (2025-2030) to reduce greenhouse gas emissions [and] Climate Change Adaptation Action Plan (2025-2030) to help prepare for and reduce the impacts of climate change.”
Partners, stakeholders, Indigenous governments and organizations, and the public are invited to provide input on the new Plans to “help define [their] priorities, steer a course of action to combat climate change and support healthy, prosperous and more resilient communities across the province.”
Interested parties are invited to complete a mitigation questionnaire and and mitigation questionnaire until December 13, 2023. The government will also accept detailed written submissions until that date.
Additional information is available here and here.
Ontario
Bill 136, Greenbelt Statute Law Amendment Act, 2023
Published Date: 2 November 2023
Industry Sector: General Industry, Building Management & Maintenance
The Ontario Minister of Municipal Affairs and Housing has proposed rules that would restore environmental protections for various agricultural and natural lands in the Greenbelt.
The changes would be made by amending documents including the Designation of Greenbelt Area regulations, the Oak Ridges Moraine Conservation Act, 2001, and the Designation of the Oak Ridges Moraine Area regulations.
Additional information is available here and here.
Ontario Regulation 429/04 Amendments Related to the Treatment of Corporate Power Purchase Agreements
Published Date: 2 November 2023
Industry Sector: General Industry, Building Management & Maintenance
The Ontario Ministry of Energy is “proposing changes to accelerate the growth of new clean electricity generation in the province by allowing qualifying commercial and industrial customers to offset their facility’s demand through power purchase agreements (PPAs) with renewable generation facilities.”
Industrual Conservation Initiative (ICI) participants would be allowed “to offset their facility’s demand in the top five peak hours of a base period through power purchase agreements (PPAs) with renewable generation facilities that are not connected behind the facility’s meter. The types of technologies that could be eligible under the proposal may include wind, solar, small hydroelectric (i.e., less than 10 megawatts), biofuel and battery storage.”
The changes would be made by amending the Adjustments Under Section 25.33 of the Act regulations.
Interested parties may submit comments until 17 December 2023.
Additional information is available here.
Renewing the Ontario Invasive Species Strategic Plan
Published Date: 20 November 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Ontario Ministry of Natural Resources and Forestry is seeking feedback for its review of the province’s Invasive Species Strategic Plan (the Plan) “to address the ongoing and increasing threat of invasive species.”
The Plan “was developed to provide provincial direction and commitments on addressing the risk of invasive species. The 2012 strategic plan is guided by overarching goals to prevent, detect, respond, manage and adapt to invasive species. It also defines several actions and tactics to achieve success and recognizes the need for coordination and collaboration within and beyond government.”
“To support the renewal of [the Plan],” the government is seeking input, comments, and ideas, and asks that feedback consider the following questions:
- “What is your vision for the future of invasive species prevention and management in the province?
- “What opportunities are there for the future of invasive species prevention and management in Ontario?
- “Do you think there are barriers related to invasive species prevention and management in Ontario? How could these barriers be addressed”
Interested parties are invited to submit comments until 4 January 2024.
Additional information is available here.
Regulatory amendments to clarify program requirements and improve program efficiency for Emissions Performance Standards (EPS) and GHG Reporting programs
Published Date: 22 November 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Ontario Ministry of the Environment, Conservation and Parks (MECP) has announced its intention to update greenhouse gas (GHG) emission reporting rules (also known as Emissions Performance Standards (EPS)) “to clarify requirements, improve efficiency, address fundamental changes in some Ontario industries, and gradually move some industries from facility-specific standards to sector-based standards.” According to MECP, the changes could:
- for large steel producers, set “the stringency factors (i.e., factors applied to reduce the annual emissions limits of a facility) […] equal to one for the transition period up to 2030”;
- introduce “transitional baseline emissions intensities (BEIs), criteria for implementation and curtailment, and production parameters” for the steel sector;
- adjust “the determination of compliance obligations to account for extended periods (e.g., one year or longer) of downtime for re-tooling” for facilities undertaking major modifications;
- “assign or adjust BEIs and production parameters to certain facilities and sectors [that would] provide the facilities the means to calculate appropriate emissions limits based on their current operations”;
- “phase in sector-based standards over a number of years (e.g., 2025-2027)”;
- make the EPS program apply to the battery manufacturing and the “coating, engraving, cold and heat treating allied activities” industries;
- “adjust electricity and cogeneration thermal energy methods for calculating an annual emissions limit so that additional facilities with a cogeneration system can use these methods”;
- “clarify the requirements that apply to emissions and production data that facilities need to use in their application for a baseline emissions intensity (BEI) for a product”;
- “add circumstances under which the director may revoke a notice that sets out the facility’s BEI for a product”;
- clarify how the ‘Cumulative Outstanding Amount’ calculation, which “determines the amount that a facility is required to deduct from its Total Annual Emissions Limit when it is out of compliance with the December 15 and February 15 deadlines, […] applies to facilities that are out of compliance for two or more consecutive years so that each year is considered independently”; and
- allow “GHG emissions from the combustion of [renewable natural gas] purchased by an EPS facility through a contract, and not used directly at the facility [to] be deducted from the EPS facility’s verified emissions” if certain criteria are met.
The changes would be made by amending the Greenhouse Gas Emissions Performance Standards, the Greenhouse Gas Emissions: Quantification, Reporting and Verification regulations, and the Guideline for Quantification, Reporting and Verification of Greenhouse Gas Emissions.
Interested parties may submit comments until 6 January 2024.
Additional information is available here.
United States
Land Uses; Special Uses; Carbon Capture and Storage Exemption
Published Date: 3 November 2023
Industry Sector: General Industry
The United States Department of Agriculture, Forest Service has announced its intention to update “its special use regulations, which prohibit authorizing exclusive and perpetual use and occupancy of National Forest System lands, to provide an exemption for carbon capture and storage.”
It would define “carbon capture and storage” as “the capture, transportation, injection, and storage of carbon dioxide in subsurface pore spaces in such a manner as to qualify the carbon dioxide stream for the exclusion from classification as a `hazardous waste’ pursuant to United States Environmental Protection Agency regulations at 40 CFR 261.4(h).”
Interested parties may submit comments until 2 January 2024.
Additional information is available here.
Transit Worker Hours of Service and Fatigue Risk Management Virtual Listening Session
Published Date: 14 November 2023
Industry Sector: Road Transportation Industry
The United States Federal Transit Administration (FTA) has announced its intention to develop safety standards for transit workers to “[reduce] the risk of fatigue-related safety incidents.” The FTA is seeking feedback on “current industry practices, priorities, requirements, and the costs and benefits of Federal requirements” concerning workers’ hours of service and employers’ fatigue risk management programs.
Interested parties may submit comments until 29 December 2023. The FTA will also host a webinar on 5 December 2023.
Additional information is available here and here.
National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing
Published Date: 16 November 2023
Industry Sector: Hardware Manufacturing Industry
The United States Environmental Protection Agency (EPA) has announced its intention to update emission standards for the rubber tire manufacturing industry. According to the EPA, standards would be introduced “for the rubber processing subcategory of the rubber tire manufacturing industry, which is the only unregulated subcategory within the Rubber Tire Manufacturing source category.”
Interested parties may submit comments until 2 January 2024.
Additional information is available here.
Potential Future Regulation for Emergency Release Notification Requirements for Animal Waste Air Emissions Under the Emergency Planning and Community Right-to-Know Act (EPCRA)
Published Date: 17 November 2023
Industry Sector: Animal Production & Aquaculture Industry, Public Administration & Institutions
The United States Environmental Protection Agency (EPA or Agency) is seeking feedback on possible “regulations to reinstate the reporting of animal waste air emissions at farms”.
Specifically, the EPA “is soliciting comments under five general categories: health impacts; implementation challenges; costs and benefits; small farm definition and potential reporting exemption; and national report on animal waste air emissions.”
Interested parties may submit comments until 15 February 2024.
Additional information is available here.
Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)
Published Date: 24 November 2023
Industry Sector: General Industry, Building Management & Maintenance
The United States Environmental Protection Agency (EPA) has announced its intention to update regulations concerning decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two “persistent, bioaccumulative, and toxic (PBT) chemicals”. According to the EPA, the changes would “reduce the potential for exposures to humans and the environment to decaBDE and PIP (3:1) to the extent practicable.”
For DecaBDE, the EPA would “require the use of personal protective equipment (PPE) during certain domestic manufacturing and processing of decaBDE and decaBDE-containing products and articles and to require a label on plastic shipping pallets that are known to contain decaBDE. EPA is also proposing to prohibit releases to water from manufacturing, processing, and distribution in commerce of decaBDE. EPA is proposing to extend the compliance date for the phase-out of processing and distribution in commerce of decaBDE-containing wire and cable insulation for nuclear power generation facilities and is proposing to add an export notification requirement for decaBDE-containing wire and cable for nuclear power generation facilities.”
For PIP (3:1), the EPA would “require the use of PPE for the domestic manufacturing and processing of PIP (3:1) and certain PIP (3:1)-containing products and articles, and to phase-in prohibitions on processing and distribution for certain uses. EPA is also proposing to add new exclusions from the prohibitions on processing and distribution in commerce of PIP (3:1) for use in wire harnesses and electric circuit boards and the processing and distribution in commerce of such PIP (3:1)-containing harnesses and circuit boards. EPA also is proposing a new 5-year compliance timeframe for the prohibition of processing and distribution in commerce of PIP (3:1), so that it may be used as an ingredient of a pesticide product”.
Interested parties may submit comments until 8 January 2024.
Additional information is available here.
European Union
Proposal for a Regulation of the European Parliament and of the Council on a monitoring framework for resilient European forests
Published Date: 22 November 2023
Industry Sector: General Industry
The European Commission has announced its intention to establish a forest monitoring framework for Member States, forest owners, and managers to strengthen forest resilience. According to the content of the proposal, it would notably:
- set out the rules for the establishment and operation of the forest monitoring system;
- provide requirements for the collection of forest data; and
- specify the responsibilities of the European Commission and the Member States in various aspects, such as the data sharing framework, data exchange systems, and data quality control.
Additional information about this initiative is available here and here.
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