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 – Notice with respect to the draft Implementation Framework for the Right to a Healthy Environment (subsection 5.1(4) of the Canadian Environmental Protection Act, 1999)
- Federal – Publication of the proposed Plan of Priorities (subsection 73(3) of the Canadian Environmental Protection Act, 1999)
- Federal – Guidelines for Canadian Drinking Water Quality — Radiological
- Federal – Regulations Amending the Fishery (General) Regulations
- Alberta – Bulletin 2024-25: Invitation for Feedback on Revised Liability Directives
- Alberta – Bulletin 2024-26: Invitation for Feedback on Revisions to Directive 060
- Manitoba – Drilling and Production Regulation, M.R. 11/94 [sic] and Crown Royalty and Incentives Regulation, M.R. 109/94
- Ontario – Enabling greater beneficial reuse of excess soil
- Quebec – Development, implementation and financial support of a deposit-refund system for certain containers; System of selective collection of certain residual materials—Amendment
- Yukon – Bill 40 – Act to amend the Clean Energy Act (2024)
- Yukon – Bill 41 – Technical Amendments (Environment) Act (2024)
United States
- Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)
- Procedures for Abatement of Highway Traffic Noise and Construction Noise
- Track Geometry Measurement System (TGMS) Inspections
- Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation
European Union
- No newsworthy proposals this month.
Canada – Federal
Notice with respect to the draft Implementation Framework for the Right to a Healthy Environment (subsection 5.1(4) of the Canadian Environmental Protection Act, 1999)
Published Date: 5 October 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Canada has published a draft implementation framework “to set out how the right to a healthy environment will be considered” and is seeking feedback on this draft.
Interested parties may submit comments until 4 December 2024.
Additional information is available here and here.
Publication of the proposed Plan of Priorities (subsection 73(3) of the Canadian Environmental Protection Act, 1999)
Published Date: 5 October 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Canada has published a draft Plan of Priorities which specifies the substances whose toxicity the government will prioritize assessing and related activities and initiatives related to managing risks and reducing animal testing.
Additional consultations are being held concerning the proposed “Watch List,” which would specify the “substances that the Ministers have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic.”
Interested parties may submit comments until 4 December 2024.
Additional information is available here and here.
Guidelines for Canadian Drinking Water Quality — Radiological
Published Date: 12 October 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Canadian Minister of Health has announced its intention to update drinking water quality guidelines for radionuclides, from 0.1 millisieverts per year (mSv/y) to 1 mSv/y. It would also update maximum concentration values (MACs), by removing the MAC for uranium and establishing MACs “for the most significant radionuclides, including radium-228 (Ra-228), and new health-based values (HBVs) for other radionuclides of interest, including polonium-210 (Po-210) and radon-222 (Rn-222).”
The changes would update the Guidelines for Canadian Drinking Water Quality – Summary Table.
Interested parties may submit comments until 10 January 2025.
Additional information is available here and here.
Regulations Amending the Fishery (General) Regulations
Published Date: 12 October 2024
Industry Sector: Fishing, Hunting, and Trapping
The Canadian Department of Fisheries and Oceans (DFO) has announced its intention to update rules governing major fish stocks to, according to DFO, “implement management measures to maintain the major fish stocks at or above sustainable levels, or above the [limit reference point (LRP)] or to implement rebuilding plans if they decline at or below the LRP.”
The changes would add 65 major fish stocks to the list of species subject to fish stock maintenance regulations.
These changes would be made by amending the Fishery (General) Regulations.
Interested parties may submit comments until 11 November 2024.
Additional information is available here.
Alberta
Bulletin 2024-25: Invitation for Feedback on Revised Liability Directives
Published Date: 8 October 2024
Industry Sector: Oil & Gas Industry
The Alberta Energy Regulator (AER) has announced its intention to update various directives “to replace the liability management rating (LMR) and licensee liability rating (LLR) programs.” According to the AER, the changes would “provide greater clarity on estimating liability and liability management programs, better organization of information, improved alignment between energy developments, and position regulatory requirements for future updates that will include changes to security requirements for the oil and gas sector.”
The changes would be made to documents including Directive 001: Requirements for Site-Specific Liability Assessments in Support of the ERCB’s Liability Management Programs, Directive 011: Licensee Liability Rating (LLR) Program: Updated Industry Parameters and Liability Costs, Directive 088: Licensee Life-Cycle Management, and Directive 068: ERCB Security Deposits.
They would also repeal Directive 006: Licensee Liability Rating (LLR) Program, Directive 024: Large Facility Liability Management Program, and Directive 075: Oilfield Waste Liability (OWL) Program.
Interested parties may submit feedback until 8 November 2024.
Additional information is available here.
Bulletin 2024-26: Invitation for Feedback on Revisions to Directive 060
Published Date: 24 October 2024
Industry Sector: Oil & Gas Industry
The Alberta Energy Regulator (AER) has announced its intention to update flaring, incinerating, and venting requirements for upstream petroleum industry wells and facilities.
According to the AER, the changes would notably add a new section that “[addresses] emission research and innovation at emissions testing facilities,” update performance requirements “to allow signoff from a qualified person in lieu of AER approval in some instances,” expand the number of acceptable fugitive emissions management programs (FEMPs) and “[provide] additional approaches and criteria for what acceptable alt-FEMPs need to include.” AER would also incorporate by reference a CSA standard concerning flaring, incineration, and enclosed combustion.
The changes would be made by amending Directive 060: Upstream Petroleum Industry Flaring, Incinerating, and Venting.
Interested parties may submit comments until 24 November 2024.
Additional information is available here.
Manitoba
Drilling and Production Regulation, M.R. 11/94 [sic] and Crown Royalty and Incentives Regulation, M.R. 109/94
Published Date: 29 October 2024
Industry Sector: Oil & Gas Industry
The Manitoba Government has announced its intention to update reporting rules for petroleum producers. According to the government, the changes would notably “mandate electronic reporting of oil production data and […] allow petroleum producers to designate a third party to pay Crown royalties and mandate that these designations be submitted electronically”.
Other changes would “include additional natural gas production reporting, defining classes of oil to align with the global minimum standard, [and make] other updates to improve service delivery and modernize Manitoba’s petroleum regime.”
The changes would be made by amending the Crown Royalty and Incentives Regulation and the Drilling and Production Regulation.
Interested parties are invited to complete a survey.
Additional information is available here and here.
Ontario
Enabling greater beneficial reuse of excess soil
Published Date: 18 October 2024
Industry Sector: Construction
The Ontario Ministry of the Environment, Conservation and Parks has announced its intention to “make it easier and more affordable for businesses in the construction industry and municipalities to reuse more excess soil locally.” According to the Ministry, the changes would notably:
- “[r]emove requirements for waste Environmental Compliance Approvals (ECAs) for third-party storage and processing of excess soil at aggregate reuse as well as small liquid soil processing sites”;<
- “[e]nable greater reuse of aggregate and stormwater management pond (SWMP) sediment by providing some flexibility related to meeting applicable excess soil quality standards in respect of asphalt-related contaminants and naturally occurring exceedances”;
- “[a]llow greater flexibility for the reuse of soil, that is not known or likely to be contaminated, between project areas and reuse sites of infrastructure projects of the same type and by the same project leader, being undertaken concurrently, including not subjecting the soil to the waste designation and reuse criteria”;
- “[add] exemptions for project areas for infrastructure from most of the reuse planning requirements if the soil is being moved to an infrastructure reuse site, when the project areas and reuse sites are owned by different project leaders and reuse site operators”; and
- “allow [where sampling/analysis is required] in-situ sampling of storm water management pond (SWMP) sediment to reduce time and cost associated with its characterization.”
The changes would be made by amending the On-Site and Excess Soil Management regulation and two standards that it incorporates by reference.
Interested parties may submit comments until 21 November 2024.
Additional information is available here and here.
Quebec
Development, implementation and financial support of a deposit-refund system for certain containers; System of selective collection of certain residual materials—Amendment
Published Date: 2 October 2024
Industry Sector: General Industry
The Government of Quebec has announced its intention to update rules governing the deposit-refund system for certain containers. According to the government, the changes would “[provide] for the establishment of conditions conducive to the successful rollout of the modernized deposit-refund system and to stakeholder buy-in, in particular by keeping the number of return sites at 1200 as of 1 March 2025, providing for a minimum of return sites for each administrative region instead of a minimum number of return points, and allowing that number, when counted for all the inhabitants, to include a maximum of 25% of bulk return points.”
It would also “[increase] the maximum distance between a return site and a retail establishment operated by a group of retailers and [extend] the time limit for refunding the deposit for containers returned to a bulk return point.”
Tins would be excluded from the containers subject to the system, and “more flexibility for the specification of a different deposit amount for reusable containers to better meet the needs of the industry [would be provided].” Reusable containers would also be allowed “to be collected separately from establishments offering on-site consumption if there is no agreement.”
The changes would be made by amending the Regulation respecting the development, implementation and financial support of a deposit-refund system for certain containers and the Regulation respecting a system of selective collection of certain residual materials.
Interested parties may submit comments until 16 November 2024.
Additional information is available here.
Yukon
Bill 40 – Act to amend the Clean Energy Act (2024)
Published Date: 15 October 2024
Industry Sector: Mining & Minerals Industry
The Yukon Government has announced its intention to update greenhouse gas emissions targets for the mining sector for 2035 and beyond. According to the government, the changes would set an emissions intensity reduction target of 45%, and “provide for the establishment […] of more stringent absolute or emissions intensity reduction targets for the mining sector or subsectors of the mining sector after 2035, and for other sectors at any time. They would also “provide for programs and measures and sectoral agreements to address climate change; [and] amend reporting requirements […] with respect to reduction targets and to require that reports be published on a public website.”
The changes would be made by amending the Clean Energy Act.
Additional information is available here.
Bill 41 – Technical Amendments (Environment) Act (2024)
Published Date: 21 October 2024
Industry Sector: General Industry
The Yukon Government has announced its intention to update various rules respecting contaminants. According to the government, the changes would notably provide “for a formal designation of a contaminated site, triggering certain responsibilities, and create a distinction from a determination that a site is not contaminated [and] key information respecting the duty to report a release of a contaminant into the natural environment, and the exemptions to that duty to report.”
The changes would be made by amending the Environment Act.
Additional information is available here.
United States
Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)
Published Date: 8 October 2024
Industry Sector: Chemicals Industry, Utilities & Communications, Oil & Gas Industry
The United States Environmental Protection Agency (EPA) has announced its intention to “add 16 individually listed per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA).”
A list of the chemical categories is available here.
Interested parties may submit comments until 9 December 2024.
Additional information is available here.
Procedures for Abatement of Highway Traffic Noise and Construction Noise
Published Date: 18 October 2024
Industry Sector: Road Transportation, Construction
The United States Federal Highway Administration (FHWA) has announced its intention to update rules to decrease noise from highway traffic and construction. According to the FHWA, the changes would notably update and clarify “factors used to determine the effectiveness of noise abatement measures [and] include exemptions to Type I projects and allow screening analysis that would focus on the projects most likely to cause a traffic noise impact to improve efficiency.” They would also “make several changes that are intended to increase the pool of eligible participants in the noise study and mitigation decision processes to ensure everyone receives due consideration for impacts and the possibility of receiving abatement on a given project.”
Interested parties may submit comments until 17 December 2024.
Additional information is available here.
Track Geometry Measurement System (TGMS) Inspections
Published Date: 24 October 2024
Industry Sector: Rail Transportation
The United States Federal Railroad Administration (FRA) is proposing updates to the minimum safety requirements for railroad tracks. According to FRA, the changes would “require all Class I and II railroads, as well as intercity passenger railroads and commuter railroads, to operate a qualifying Track Geometry Measurement System (TGMS), a type of automated track inspection (ATI) technology, at specified frequencies on all Class 1 through 5 mainline and controlled siding track that transports: annual tonnage greater than 10 million gross tons (MGT); regularly scheduled passenger rail service; or trains containing hazardous materials.” They would also “increas[e] the required frequency of TGMS inspections on Class 6 track.”
Interested parties may submit comments until 23 December 2024.
Additional information is available here.
Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation
Published Date: 28 October 2024
Industry Sector: Water Transportation, Rail Transportation, Road Transportation
The United States Pipeline and Hazardous Materials Safety Administration (PHMSA), has announced its intention to “adopt several modal-specific amendments that would enhance the safe transportation of hazardous materials in commerce,” with changes to specific provisions concerning highway, rail, and vessel transportation of hazardous materials. According to PHMSA, “[t]he following are some of the more noteworthy subjects covered by proposed revisions:
- “[r]ail tank car use requirements as recommended by the Rail Safety Advisory Committee (RSAC);
- “[r]ail tank car and service equipment design approval requirements;
- “[h]ighway cargo tank specifications and requalification requirements; and
- “[m]arking requirements for cargo tanks that contain multiple petroleum distillate fuels.”
Interested parties may submit comments until 27 January 2025.
Additional information is available here.
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