By: Sydney Sybydlo
This is a list of select proposed EHS regulatory changes in Canada, the United States, and the European Union. Nimonik monitors EHS legislation, regulations and standards in over 30 countries and 400 jurisdictions. If you would like to track EHS legislation in specific regions, jurisdictions or countries, we are happy to help. Please send us a request for more information here and we will get in touch shortly.
Canada
- Federal – Publication after assessment of 27 Low Boiling Point Naphthas Group substances specified on the Domestic Substances List (section 77 of the Canadian Environmental Protection Act, 1999)
- Manitoba – Manitoba’s Critical Minerals Strategy
- Ontario – Bill 162, Schedule 5, Protecting Against Carbon Taxes Act, 2024
United States
- H.B. 6544 – Atomic Energy Advancement Act
- Proposed Papahānaumokuākea National Marine Sanctuary
- HB7023 – Creating Confidence in Clean Water Permitting Act
- Rail Transit Roadway Worker Protection
- Certain Existing Chemicals; Request To Submit Unpublished Health and Safety Data Under the Toxic Substances Control Act (TSCA)
European Union
Canada – Federal
Publication after assessment of 27 Low Boiling Point Naphthas Group substances specified on the Domestic Substances List (section 77 of the Canadian Environmental Protection Act, 1999)
Published Date: 16 March 2024
Industry Sector: General Industry
The Government of Canada has announced its intention to add “nine C9–C14 hydrocarbon solvents (subgroup 1), [one] C9 aromatic solvent (subgroup 2) and [seven] C6–C9 aliphatic solvents (subgroup 3)” to the list of toxic substances to regulate them as such.
According to the government, these substances “are complex and highly variable combinations of hydrocarbons produced by the distillation of crude oil, followed by the fractionation of the resultant hydrocarbon streams by boiling range [and] may be used at the refinery where they are produced; blended into substances leaving the refinery under different CAS RNs; or transported by truck or train to other petroleum or non-petroleum sector facilities for use as feedstocks or to be blended with other feedstocks.”
Subgroup 1 consists of: Naphtha, Ligroine, Stoddard solvent, Petroleum spirits, Naphtha (petroleum), heavy straight-run, Naphtha (petroleum), heavy alkylate, Naphtha (petroleum), hydrotreated heavy, Naphtha (petroleum), hydrodesulfurized heavy, Solvent naphtha (petroleum), medium aliph.
Subgroup 2 consists of: Solvent naphtha (petroleum), light arom.
Subgroup 3 consists of: Naphtha (petroleum), light alkylate, Naphtha (petroleum), solvent-refined light, Naphtha (petroleum), hydrotreated light, Solvent naphtha (petroleum), light aliph., Distillates (petroleum), light distillate hydrotreating process, low-boiling, Hydrocarbons, C>4, Heptane, branched, cyclic and linear.
Interested parties may submit comments until 15 May 2024.
Additional information is available here.
Manitoba
Manitoba’s Critical Minerals Strategy
Published Date: 4 March 2024
Industry Sector: Mining & Minerals Industry
The Government of Manitoba is seeking feedback on its new critical minerals strategy to “promote sustainable practices that minimize environmental impacts, enhance Indigenous participation, and support a clean, green energy transition.” According to the government, Manitoba “has occurrences of 29 of the 31 critical minerals” identified by Canada “as critical for promoting green energy and sustainable economic success.”
Interested parties are invited to submit comments concerning their priorities and to complete a survey.
Additional information is available here.
Ontario
Bill 162, Schedule 5, Protecting Against Carbon Taxes Act, 2024
Published Date: 7 March 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Ontario has announced its intention to require a referendum authorizing the establishment of any carbon pricing program in the province. Rules would be developed to govern referendums and their campaigns, the wording of referendum questions, and the conduct of referendums.
The change would be made by enacting the Protecting Against Carbon Taxes Act, 2024.
Additional information is available here.
United States
H.B. 6544 – Atomic Energy Advancement Act
Published Date: 29 February 2024
Industry Sector: Utilities & Communications
The Government of the United States has announced its intention to promulgate rules “to accelerate the deployment of nuclear energy technologies, such as advanced nuclear reactors.”
According to the government, new rules would aim to more efficiently regulate nuclear energy activities, “[reduce] certain licensing fees […] for advanced nuclear reactors,” facilitate more efficient environmental reviews of nuclear reactor applications, “enable efficient and timely licensing reviews for, and to support the oversight of, nuclear facilities at brownfield sites, including sides with retired fossil fuel facilities,” and expedite certain licensing decisions for reactors using previously-licensed designs.
It would also “[establish] a pilot program that allows the [Department of Energy] to make long-term power purchase agreements for power generated by commercial nuclear reactors” and “[establish] requirements concerning international nuclear energy cooperation and safety.”
The rules would be made by amending documents including 42 USC 23 Development And Control Of Atomic Energy and 42 USC 73 Development Of Energy Sources.
Additional information is available here.
Proposed Papahānaumokuākea National Marine Sanctuary
Published Date: 1 March 2024
Industry Sector: Water Transportation, Fishing, Hunting and Trapping
The United States National Oceanic and Atmospheric Administration (NOAA) has announced its intention to designate “approximately 582,570 square miles (439,910 square nautical miles) of Pacific Ocean waters surrounding the Northwest Hawaiian Islands and the submerged lands thereunder” as a marine sanctuary “to protect nationally significant biological, cultural, and historical resources.”
NOAA is also preparing a draft environmental impact statement (DEIS) and a draft management plan (DMP) concerning the proposed sanctuary.
Interested parties may submit comments on the proposed sanctuary, the DEIS, and the DMP until 7 May 2024.
Additional information is available here.
HB7023 – Creating Confidence in Clean Water Permitting Act
Published Date: 22 March 2024
Industry Sector: General Industry, Building Management & Maintenance
The Government of the United States has announced its intention to update “requirements concerning water quality criteria, the National Pollutant Discharge Elimination System (NPDES) program, the permit program for discharging dredged or fill material into waters of the United States, and the meaning of waters of the United States.”
According to the government, the changes would notably “[direct] the Environmental Protection Agency (EPA) to develop any new or revised water quality criteria for states through a rule [and modify] the NPDES program, including by providing statutory authority for provisions that shield NPDES permit holders from liability under certain circumstances.” They would also “[modify] requirements for general permits to discharge dredge or fill material that are issued on a nationwide, regional, or state basis for particular categories of activities, including by extending the maximum term for a general permit from a period of 5 years to 10 years. It also exempts the [U.S. Corps of Engineers] from certain consultation and environmental review requirements when reissuing nationwide general permits.”
Changes would also affect the EPA’s authority to issue permits and their obligations concerning the expiry of permits, as well as their permitting procedures for discharges of dredged or fill material into waters of the United States, and the EPA and Corps’ role in implementing updates to the definition of “Waters of the United States”.
Additional information is available here.
Rail Transit Roadway Worker Protection
Published Date: 25 March 2024
Industry Sector: Rail Transportation
The United States Federal Transit Administration (FTA) has announced its intention to develop “minimum safety standards for rail transit roadway worker protection (RWP) to ensure the safe operation of public transportation systems and to prevent accidents, incidents, fatalities, and injuries to transit workers who may access the roadway in the performance of work.”
According to the FTA, the rules “would apply to rail transit agencies (RTAs) covered by the State Safety Oversight (SSO) program, SSO agencies (SSOAs), and rail transit workers who access the roadway to perform work. It would set minimum standards for RWP program elements, including an RWP manual and track access guide; requirements for on-track safety and supervision, job safety briefings, good faith safety challenges, and reporting unsafe acts and conditions and near-misses; development and implementation of risk-based redundant protections for workers; and establishment of RWP training and qualification and RWP compliance monitoring activities. RTAs would be expected to comply with these Federal standards as a baseline and use their existing Safety Management System (SMS) processes to determine any additional mitigations appropriate to address the level of RWP risk identified. SSOAs would oversee and enforce implementation of the RWP program requirements.”
Interested parties may submit comments until 24 May 2024.
Additional information is available here.
Certain Existing Chemicals; Request To Submit Unpublished Health and Safety Data Under the Toxic Substances Control Act (TSCA)
Published Date: 26 March 2024
Industry Sector: Chemicals Industry, Oi & Gas Industry, Hardware Manufacturing
The United States Environmental Protection Agency (EPA) has announced its intention to add reporting requirements for manufacturers and importers of certain chemical substances. According to the EPA, regulated parties would be required “to submit copies and lists of certain unpublished health and safety studies to EPA.”
The substances that would be subject to these requirements are: 4,4-Methylene bis(2-chloraniline) (CASRN 101–14–4); 4-tert-octylphenol(4-(1,1,3,3-Tetramethylbutyl)-phenol) (CASRN140–66–9); Acetaldehyde (CASRN75–07–0); Acrylonitrile (CASRN 107–13–1); Benzenamine (CASRN 62–53–3); Benzene (CASRN 71–43–2); Bisphenol A (CASRN 80–05–7); Ethylbenzene (CASRN 100–41–4); Naphthalene (CASRN 91–20–3); Vinyl Chloride (CASRN 75–01–4); Styrene (CASRN 100–42–5); Tribomomethane (Bromoform) (CASRN 75–25–2); Triglycidyl isocyanurate; (CASRN 2451–62–9); Hydrogen fluoride (CARN 7664–39–3); N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD) (CASRN 793–24–8); and 2-anilino-5-[(4-methylpentan-2-yl) amino]cyclohexa-2,5-diene-1,4-dione (6PPD-quinone) (CASRN 2754428–18–5).
Interested parties may submit comments until 28 May 2024.
Additional information is available here.
European Union
Proposal for a Directive of the European Parliament and of the Council on improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)
Published Date: 20 March 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The European Commission has announced its intention to develop new provisions to improve trainees’ working conditions, address non-discrimination principles, and prevent employers from disguising regular employment relationships as traineeships. According to the content of the proposal, this would be made, in particular, by:
- establishing equal treatment rules “to ensure that trainees are not discriminated against as to their working conditions, including pay”;
- requiring Member States to take measures “to combat the phenomenon of regular employment relationships disguising as traineeships”, such as inspections, assessments and the obligation for employers to cooperate in carrying out such assessments;
- specifying enforcement and supporting measures;
- requiring the provision of access to a dispute resolution mechanism and the right to a redress mechanism;
- introducing procedures for workers’ representatives to be engaged on behalf of or in support of trainees in relevant judicial or administrative proceedings; and
- establishing rules for the protection against adverse treatment and its consequences, such as the right of trainees to require the employer to provide duly substantiated grounds for dismissal.
Additional information about this initiative is available here and here.
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