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 – Controlled Substances Regulations
- Federal – Vessel Traffic Services Zones Regulations
- Federal – Notice with respect to the availability of an equivalency agreement
- Federal – Bill C-393, An Act to amend the Canadian Environmental Protection Act, 1999 (electronic products recycling program)
- Federal – Bill C-396 – Stopping the Tax on the Carbon Tax Act
- Federal – Regulations Amending the Pest Control Products Regulations (Strengthening the Regulation of Pest Control Products in Canada)
- Federal – Regulations Amending the Energy Efficiency Regulations, 2016 (Amendment 18)
- Federal – Regulations Amending and Repealing Certain Regulations Made Under the Canada Shipping Act, 2001 (Environmental Response)
- Alberta – Bulletin 2024-13: Invitation for Feedback on Proposed Environmental Protection and Enhancement Act Applications and Approval Conditions for Pipelines
- New Brunswick – Contaminated Sites Regulation – Clean Environment Act
- Ontario – Reducing Burden in the Transition from Summer to Winter Gasoline under O. Reg. 271/91
- Ontario – Proposal to amend O. Reg. 509/18 under the Electricity Act, 1998 (“Efficiency Regulation”)
- Quebec – Draft Regulation respecting water environments and flood protection works
United States
- Section 45Y Clean Electricity Production Credit and Section 48E Clean Electricity Investment Credit
- n-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA)
- Removal of Affirmative Defense Provisions From Specified New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants
European Union
- No newsworthy proposals this month.
Canada – Federal
Controlled Substances Regulations
Published Date: 1 June 2024
Industry Sector: General Industry
The Government of Canada has announced its intention to consolidate rules governing the management of controlled substances to resolve inconsistencies and simplify the regulatory framework. According to the government, the new rules “would provide a comprehensive regulatory framework governing legitimate activities with all categories of controlled substances (i.e. narcotics, controlled drugs, targeted substances, and restricted drugs) conducted by licensed dealers, pharmacists, practitioners, hospitals and individuals.”
The change would be made by enacting the Controlled Substances Regulations, which would replace the Narcotic Control Regulations, the Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances Act, the Benzodiazepines and Other Targeted Substances Regulations and amend the Food and Drug Regulations.
Interested parties may submit comments until 31 July 2024.
Additional information is available here.
Vessel Traffic Services Zones Regulations
Published Date: 1 June 2024
Industry Sector: Water Transportation
The Government of Canada has announced its intention to consolidate vessel traffic service (VTS) zone rules under one framework “that is in conformity with international standards.”
According to the government, the new rules would implement “a standard 24-hour pre-arrival reporting requirement” across Canadian coastal regions and “align reporting formats with international standards [for] vessel reporting systems and ship reporting requirements, such as prescribing standard names and the formats of reports.” They would also notably:
- require “that vessels report at least 24 hours in advance of entering a VTS zone, or as soon as feasible before entering the VTS zone, if the estimated time of arrival of the vessel is less than 24 hours after the time the vessel departed from the last port of call”;
- incorporate by reference Part 3, Vessel Traffic Service of the Radio Aids to Marine Navigation (RAMN) which “would give legal effect to the details of the reports (e.g. the specific information that must be sent in the reports, such as the speed and course of a vessel, the destination and intended route, whether there are any dangerous goods on board) as set out in the RAMN”;
- “expand the mandatory reporting threshold to include all vessels of 300 [gross tonnes] or more”; and
- designate various additional administrative monetary penalties.
The change would be made by enacting the Vessel Traffic Services Zones Regulations, which would replace the existing Vessel Traffic Services Zones Regulations, the Eastern Canada Vessel Traffic Services Zone Regulations, and the Northern Canada Vessel Traffic Services Zone Regulations.
Interested parties may submit comments until 31 July 2024.
Additional information is available here.
Notice with respect to the availability of an equivalency agreement
Published Date: 8 June 2024
Industry Sector: Utilities & Communications
The Government of Canada announced its intention to enter into an equivalency agreement with the Government of Saskatchewan concerning the regulation of greenhouse gas emissions by electricity producers.
This agreement will pave the way for the suspension of certain provisions of the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations in Saskatchewan.
Interested persons can make comments on the proposed agreement concerning these changes until 7 August 2024.
Additional information is available here.
Bill C-393, An Act to amend the Canadian Environmental Protection Act, 1999 (electronic products recycling program)
Published Date: 7 June 2024
Industry Sector: Hardware Manufacturing
The Government of Canada has announced its intention to “prohibit the manufacture and the commercial importation of electronic products that contain [a specified toxic substance] unless a recycling program for electronic products containing such a substance is established.”
The specified toxic substances are those listed in Schedule 1 to the Canadian Environmental Protection Act, 1999 (“CEPA”).
The change would be made by amending CEPA.
Additional information is available here.
Bill C-396 – Stopping the Tax on the Carbon Tax Act
Published Date: 12 June 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Canada has announced its intention “to eliminate the goods and services tax (GST) in respect of carbon pollution pricing.”
The change would be made by amending the Excise Tax Act.
Additional information is available here.
Regulations Amending the Pest Control Products Regulations (Strengthening the Regulation of Pest Control Products in Canada)
Published Date: 15 June 2024
Industry Sector: General Industry, Building Management & Maintenance
The Government of Canada has announced its intention to update rules governing pest control products to improve oversight, transparency, public trust, and environmental protection. According to the government, the changes would notably:
- “facilitate access to [confidential test data (CTD)] for research and reanalysis purposes under specific conditions, without the need to submit an affidavit. The CTD would only be available for request after the final registration decision has been made, or at the proposed decision stage for post-market reviews”;
- “codify the applicable information requirements for applications to specify [maximum residue limits (MRLs) for] unregistered pest control products or their components or derivatives, or to registered pest control products or their components or derivatives with respect to a use that is not provided for by their registration (i.e. MRLs for imported foods treated with a pest control product or use that is not registered in Canada). Information that would be required in an application includes information about the pest control product, a copy of the foreign label, the rationale for the request, the foreign regulatory authority or international standard setting organization that the application proposes to align with, and relevant data to allow for the evaluation of risks to human health”; and
- authorize the Minister of Health “to require applicants and registrants to submit information on [cumulative effects on the environment] for pest control products that have a common mechanism of toxicity” and on species at risk.
The changes would be made by amending the Pest Control Products Regulations.
Interested parties may submit comments until 24 August 2024.
Additional information is available here.
Regulations Amending the Energy Efficiency Regulations, 2016 (Amendment 18)
Published Date: 22 June 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Canada has announced its intention to update energy efficiency and testing standards for various products “to harmonize with the United States,” including transitional provisions allowing for early voluntary compliance. The changes would “expand the use of ambulatory incorporation by reference (to U.S. standards or NRCan technical standards documents), as well as position NRCan to exercise Ministerial Regulations for more energy-using products to adjust quickly to changes and maintain harmonization in the future, where appropriate.” Finally, the government would “introduce more stringent energy efficiency standards than in the United States for some products to assist with achieving net-zero by 2050.”
Products whose efficiency and testing standards would be affected include air compressors, faucets, line-voltage thermostats, pool pumps, showerheads, air conditioners and heat pumps, gas furnaces, water heaters, and service lamps.
The changes would be made by amending the Energy Efficiency Regulations, 2016.
Interested parties may submit comments until 30 August 2024.
Additional information is available here.
Regulations Amending and Repealing Certain Regulations Made Under the Canada Shipping Act, 2001 (Environmental Response)
Published Date: 22 June 2024
Industry Sector: Water Transportation, Oil & Gas Industry
The Government of Canada has announced its intention to update rules governing response organizations (ROs) and oil handling facilities (OHFs) to improve organizations’ readiness to respond to marine oil spills. According to the government, existing requirements for ROs and OHF operators would be consolidated with existing general environmental response regulations, and the rules would “clarify and enhance RO preparedness requirements, as well as ensure that ROs have the capacity to respond more effectively to oil pollution incidents up to 10 000 tonnes.”
Updated requirements for ROs would incorporate existing standards by reference, require response plans to be locally and regionally tailored, require equipment capacity to be rated, require contractors and additional resources to be listed in response plans, establish time standards, formalize exercise program requirements, and update reporting and notification requirements.
Requirements for OHFs would be updated to address various regulatory gaps, such as harmonizing equipment standards across regions, updating classification parameters, updating exercise program requirements, and updating training and post-incident reporting requirements.
The changes would be made by repealing the Response Organizations and Oil Handling Facilities Regulations and amending the Environmental Response Regulations and the Administrative Monetary Penalties and Notices (CSA 2001) Regulations.
Interested parties may submit comments until 5 September 2024.
Additional information is available here.
Alberta
Bulletin 2024-13: Invitation for Feedback on Proposed Environmental Protection and Enhancement Act Applications and Approval Conditions for Pipelines
Published Date: 10 June 2024
Industry Sector: Mining & Minerals Industry, Oil & Gas Industry
The Alberta Energy Regulator (AER) is seeking feedback on proposed rules that would, according to AER, set out information requirements and expectations for pipeline applications and for postconstruction reclamation assessment reports.
The proposed rules would apply to “pipeline applications and regulatory submissions related to oil, oil sands, natural gas, coal resources, geothermal, and brine-hosted mineral resources development that fall within the AER’s jurisdiction.”
Interested parties are invited to submit comments until 10 July 2024.
Additional information is available here.
New Brunswick
Contaminated Sites Regulation – Clean Environment Act
Published Date: 12 June 2024
Industry Sector: General Industry, Building Management & Maintenance
The Government of New Brunswick has announced its intention to establish new rules governing contaminated sites and their remediation. The rules would notably require immediate notification of the release or presence of contaminants, set out rules for notifications of historical contaminations, remediation (and related reporting) requirements for contaminated sites, require the certification of a site’s condition, and set out the relevant qualifications for persons holding themselves as site professionals. The rules would also incorporate by reference various ministerial protocols concerning the management of contaminated sites, release notifications, impact assessments, remediation, and site monitoring.
These rules would be implemented by enacting a new Contaminated Sites Regulation under the Clean Environment Act.
Interested parties may submit feedback until 28 June 2024.
Additional information is available here.
Ontario
Reducing Burden in the Transition from Summer to Winter Gasoline under O. Reg. 271/91
Published Date: 14 June 2024
Industry Sector: Water Transportation, Oil & Gas Industry
The Government of Ontario has announced its intention to “ease restrictions on offloading winter-grade gasoline from ships before the winter switchover date.” It would also clarify certain gasoline testing methods.
According to the government, the changes would remove restrictions “on offloading marine imports to a dockside terminal” and “impose the restriction[s] at dockside marine terminals rather than the boat itself.” They would also “[allow] for the importing of winter-grade gasoline in the two weeks leading up to the winter switchover date.” Finally, the changes would clarify the “accepted American Society for Testing and Materials (ASTM) testing methodologies for determining vapour pressure.”
These changes would be made by amending the Gasoline Volatility regulation.
Interested parties may submit comments until 14 July 2024.
Additional information is available here.
Proposal to amend O. Reg. 509/18 under the Electricity Act, 1998 (“Efficiency Regulation”)
Published Date: 18 June 2024
Industry Sector: General Industry, Building Management & Maintenance
The Government of Ontario has announced its intention to update energy efficiency regulations by “[harmonizing] the standards for 42 products through rolling incorporation by reference to Natural Resources Canada (NRCan) standards, and housekeeping amendments to revoke now obsolete efficiency requirements for three products”.
The changes would “ensure that Ontario’s requirements would update automatically when NRCan changes/updates their standards,” and would affect products including residential ranges, clothes washers and dryers, dishwashers, dehumidifiers, freezers and refrigerators, vending machines, microwaves, air conditioners and heat pumps, ceiling fans, lamps, exit signs, signal modules, induction motors, transformers, commercial and industrial pumps, compact audio products, televisions, external power supplies, and battery chargers.
The changes would be made by amending the Energy and Water Efficiency – Appliances and Products regulation.
Interested parties may submit comments until 2 August 2024.
Additional information is available here.
Quebec
Draft Regulation respecting water environments and flood protection works
Published Date: 19 June 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Quebec has announced its intention to enact rules to “modernize the regulatory regime that applies to activities carried out in littoral zones, on lakeshores and riverbanks or in the flood zone of a lake or watercourse, and to provide the regulatory measures applicable to flood protection works and channel migration zones of watercourses, in particular in order to take into account the impact of certain activities on human safety and property protection.” The rules would notably “determine the responsibilities of municipalities in the implementation of the regulatory regime, set up new classes of flood zones […] which reflect the impact of the presence of a flood protection works, provide the rules that apply to flood protection works and channel migration zones, and make changes to the terminology relating to wetlands and bodies of water.”
According to the government, a new Regulation that generally establishes flood zones and lists prohibited activities, the activities requiring municipal permits and related conditions. It would also establish criteria for municipal flood risk management plans would replace the existing Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks.
A new Flood Protection Works Regulation would provide require flood protection studies prior to specified works and would set out “design, performance, monitoring and maintenance standards for this type of works,” prohibit certain activities, and set out conditions for certain activities on flood protection works.
A new Regulation respecting activities in wetlands, bodies of water and sensitive areas could also replace the existing document with the same name, and would “[prohibit] certain activities depending on the type of environment in which they are carried out. It also prescribes the conditions for carrying out certain activities, as well as the sanctions that apply for non-compliance with its provisions.”
Changes to the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact would “review or provide requirements that apply to the activities requiring authorization [from the government], the activities eligible for a declaration of compliance, […] and the activities that are exempted from authorization […] when those activities are carried out in wetlands or bodies of water or on a flood protection works, or relate to such a works.”
Changes to the Regulation respecting the environmental impact assessment and review of certain projects would “subject certain projects relating to a flood protection works, such as construction, extension, raising, lowering and shortening of a flood protection works, the conversion of an existing infrastructure into a flood protection works, as well as the demolition or neutralization of such works, with some exceptions, to a process of environmental impact assessment and review.”
Amendments would also be made to various environmental regulations “in order to harmonize the terminology used to designate wetlands and bodies of water, in particular in regard to flood zones and channel migration zones” and “to prohibit certain activities in certain wetlands and bodies of water and to specify or add conditions for the carrying out of other activities in those environments.”
Interested parties may submit comments until 17 September 2024.
Additional information is available here.
United States
Section 45Y Clean Electricity Production Credit and Section 48E Clean Electricity Investment Credit
Published Date: 3 June 2024
Industry Sector: Utilities & Communications
The United States Internal Revenue Service (IRS) has announced its intention to establish incentives to promote the generation of clean energy. According to the IRS, a clean energy production credit and clean electricity investment credit would be introduced, and related rules would address “determining greenhouse gas emissions rates resulting from the production of electricity; petitioning for provisional emissions rates; and determining eligibility for these credits in various circumstances.”
Interested parties may submit comments until 2 August 2024. The IRS will also host public hearings on the 12th and 13th of August 2024.
Additional information is available here.
n-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA)
Published Date: 14 June 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The United States Environmental Protection Agency (EPA or the “Agency”) has announced its intention to regulate n-methylpyrrolidone (NMP) as a toxic substance, due to “the unreasonable risk of injury to human health presented by [it],” due to “significant adverse health effects associated with exposure to NMP, including developmental post-implantation fetal loss from short-term exposure and reduced fertility and fecundity from long-term exposure. Additional adverse effects associated with exposure to NMP include liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, skin irritation, and sensitization.”
According to the EPA, “NMP is a widely used solvent in a variety of industrial, commercial, and consumer applications including the manufacture and production of electronics such as semiconductors, polymers, petrochemical products, paints and coatings, and paint and coating removers.”
To address the risks presented by this substance, EPA would establish rules to “prohibit the manufacture (including import), processing, and distribution in commerce and use of NMP in several occupational conditions of use; require worker protections through an NMP workplace chemical protection program (WCPP) or prescriptive controls (including concentration limits) for most of the occupational conditions of use; require concentration limits on a consumer product; regulate certain consumer products to prevent commercial use; and establish recordkeeping, labeling, and downstream notification requirements.”
Interested parties may submit comments until 29 July 2024.
Additional information is available here.
Removal of Affirmative Defense Provisions From Specified New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants
Published Date: 24 June 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The United States Environmental Protection Agency (EPA) has announced its intention to “remove the affirmative defense provisions associated with violation of emission standards due to malfunctions” from several New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants.
According to the EPA, these provisions “are inconsistent with a D.C. Circuit Court decision that vacated affirmative defense provisions in one of the EPA’s [Clean Air Act (CAA)] regulations, and because the EPA finds that the reasoning in the decision applies equally to other CAA rules.”
Interested parties may submit comments until 8 August 2024.
Additional information is available here.
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