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 – Bill C-59 – Fall Economic Statement Implementation Act, 2023
- Federal – Regulations Amending the Transportation of Dangerous Goods Regulations (Canadian Update)
- Federal – Regulations Amending the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)
- British Columbia – Consultation on proposed amendments to Part 3 of the Occupational Health and Safety Regulation
United States
- National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)
- Section 45X Advanced Manufacturing Production Credit
- New Mailing Standards for Hazardous Materials Outer Packaging and Nonregulated Toxic Materials
European Union
- Proposal for a Directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codification)
- Proposal for a Regulation of the European Parliament and of the Council establishing a common data platform on chemicals, laying down rules to ensure that the data contained in it are findable, accessible, interoperable and reusable and establishing a monitoring and outlook framework for chemicals
- Proposal for a Regulation of the European Parliament and of the Council on the protection of animals during transport and related operations, amending Council Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/20051
Canada – Federal
Bill C-59 – Fall Economic Statement Implementation Act, 2023
Published Date: 30 November 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Canada has announced its intention to revise various rules concerning business competition within the country. Notable changes to environmental rules would:
- “[allow] expenditures incurred in the exploration and development of all lithium to qualify as Canadian exploration expenses and Canadian development expenses;”
- “[provide] a refundable investment tax credit to qualifying businesses for eligible carbon capture, utilization and storage equipment” and “for eligible clean technology equipment;”
- “[introduce], under certain circumstances, labour requirements in relation to the new refundable investment tax credits for eligible carbon capture, utilization and storage equipment as well as eligible clean technology equipment;” and
- “provide a leave of absence of three days in the event of a pregnancy loss and modify certain provisions related to bereavement leave”.
It is also proposing two new enactments, the Canada Water Agency Act (CWAA) and the Digital Services Tax Act (DSTA). CWAA “establishes the Canada Water Agency, whose role is to assist the Minister of the Environment in exercising or performing that Minister’s powers, duties and functions in relation to fresh water.” DSTA “provides for the implementation of an annual tax of 3% on certain types of digital services revenue earned by businesses that meet certain revenue thresholds.”
Amendments to various rules governing financial activities and the marketing of vaping products would also be made.
The changes related to lithium exploration and carbon capture would be made by amending the Income Tax Act.
Additional information is available here.
Regulations Amending the Transportation of Dangerous Goods Regulations (Canadian Update)
Published Date: 9 December 2023
Industry Sector: Road Transportation Industry, Rail Transportation Industry, Agriculture Industry, Water Transportation Industry
The Government of Canada has announced its intention to update various rules governing the transportation of dangerous goods, notably to “improve alignment with international dangeous good requirements and standards”, enhance crew safety, and “reduce risks related to the transport of anhydrous ammonia”. According to the government, the changes would:
- “introduce new rules governing activities currently allowed through the issuances of [equivalency credits]”;
- “update existing requirements for rail transportation to better align the Canadian buffer car rules with the US regulations”;
- update rules concerning “the transportation of anhydrous ammonia on public roads for agricultural purposes to address ongoing safety concerns”;
- harmonize rules governing “the transportation of unclassified radioactive waste materials back to the consignors for characterization”; and
- “bring several modifications and updates to existing requirements to achieve better clarity, consistency, and uniform interpretation.”
The changes would be made by amending the Transportation of Dangerous Goods Regulations.
Interested parties may submit comments until 22 February 2024.
Additional information is available here.
Regulations Amending the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)
Published Date: 16 December 2023
Industry Sector: Oil & Gas Industry
The Government of Canada has announced its intention to update rules to “reduce upstream oil and gas methane emissions through the introduction of emission standards and work practices to inspect sites and make repairs.” The changes would “expand the current coverage and stringency levls of [existing rules]” notably by:
- “[prohibiting the venting of natural gas to the environment, with exemptions”;
- “require operators to manage emissions during the combustion of hydrocarbon gas”;
- “introduce a risk-based approach to the application of the fugitive emissions management program” that would require likely methane-emitting facilities “to maintain a quarterly inspection schedule”, and less-likely methane-emitting facilities “to maintain an annual inspection schedule”;
- “set out an alternative approach for compliance with the Regulations that relies on the installation of continuous monitoring systems for the facility’s potential methane emission sources”;
- “remove specific compliance requirements for the offshore sector in the existing Regulations”; and
- make various housekeeping amendments, such as deleting obsolete definitions and updating references.
The changes would be made by amending the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) and the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999).
Interested parties may submit comments until 14 February 2024.
Additional information is available here.
Canada – British Columbia
Consultation on proposed amendments to Part 3 of the Occupational Health and Safety Regulation
Published Date: 13 December 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
WorkSafeBC has announced its intention to update workplace safety rules. The changes would add specific requirements for identifying hazards and assessing and controlling risks in the workplace generally. According to WorkSafeBC, there are currently only risk management rules “for certain hazards, for example, avalanche, asbestos and ergonomics.” The new rules would also introduce record-keeping and consultation requirements that apply when carrying out the risk management process.
The change would be made by amending the Occupational Health and Safety Regulation.
Interested parties may submit comments until 9 February 2024.
United States
National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)
Published Date: 6 December 2023
Industry Sector: General Industry Office Spaces, Building Management & Maintenance
The United States Environmental Protection Agency (EPA) has announced its intention to update certain drinking water rules. According to the EPA, the change would affect “the National Primary Drinking Water Regulation (NPDWR) for lead and copper”.
The changes would “require water systems to replace lead service lines, remove the lead trigger level, reduce the lead action level to 0.010 mg/L, and strengthen tap sampling procedures, among other changes that would improve public health protection and simplify the rule relative to the 2021 Lead and Copper Rule Revisions (LCRR). [They also provide] improvements in the additional following areas: corrosion control treatment, public education and consumer awareness, requirements for small systems, and sampling in schools and child care facilities.”
Interested parties may submit comments until 5 February 2024.
Additional information is available here.
Section 45X Advanced Manufacturing Production Credit
Published Date: 15 December 2023
Industry Sector: Hardware Manufacturing Industry, Utilities and Communications Industry
The United States Internal Revenue Service (IRS) is proposing rules to establish an advanced manufacturing production credit “to incentivize the production of eligible components [such as] certain solar energy components, wind energy components, inverters, qualifying battery components, and applicable critical minerals.”
These rules “would affect eligible taxpayers who produce and sell eligible components and intend to claim the benefit of an advanced manufacturing production credit, including by making elective payment or credit transfer elections.”
Interested parties may submit comments until 13 February 2024.
Additional information is available here.
New Mailing Standards for Hazardous Materials Outer Packaging and Nonregulated Toxic Materials
Published Date: 15 December 2023
Industry Sector: General Industry Office Spaces, Building Management & Maintenance
The United States Postal Service (USPS) has announced its intention to update rules that apply when mailing hazardous or dangerous goods and materials. According to USPS, the changes would “[require] specific outer packaging strength standards when mailing [such substances] and remove quantity restrictions for nonregulated toxic materials.” Mailers would be allowed “to use poly or padded bags as outer packaging for shipments containing lithium batteries installed in the equipment they operate if the shipment does not display hazardous text, markings or labels”.
Interested parties may submit comments until 16 January 2024.
Additional information is available here.
European Union
Proposal for a Directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codification)
Published Date: 27 November 2023
Industry Sector: General Industry, Building Management & Maintenance
The European Commission has announced its intention to provide a new codification of Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) for ensuring legal certainty and clarity.
According to the content of this proposal, no substantive changes would be made to the documents concerned by codification. It would notably supersede various documents incorporated within the current version, such as certain amending documents, and reorganize the current version by assigning new numbers to different articles, while fully preserving the content of the documents to be codified.
Additional information about this initiative is available here and here.
Proposal for a Regulation of the European Parliament and of the Council establishing a common data platform on chemicals, laying down rules to ensure that the data contained in it are findable, accessible, interoperable and reusable and establishing a monitoring and outlook framework for chemicals
Published Date: 7 December 2023
Industry Sector: General Industry
The European Commission has announced its intention to establish an easily findable, accessible, interoperable, and re-usable common data platform to improve access to chemical data.
According to the content of the proposal, this would be made, in particular, by:
- “bringing together chemicals data from multiple sources, including environmental sustainability-related data”;
- specifying that “[t]he general public shall have access to all the chemicals data contained in the common data platform” and setting out the relevant data use and confidentiality rules;
- developing “an early warning and action system for emerging chemical risks”; and
- imposing “obligations for business operators to notify information on studies to the database of study notifications, part of the common data platform”.
Additional information about this initiative is available here and here.
Proposal for a Regulation of the European Parliament and of the Council on the protection of animals during transport and related operations, amending Council Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005
Published Date: 7 December 2023
Industry Sector: General Industry
The European Commission has announced its intention to develop new rules to improve the welfare of animals during transport and to ensure an economically, environmentally, and socially sustainable internal market. According to the content of the proposal, this would be made, in particular, by:
- introducing “the rules and conditions for authorisation of organisers to arrange the transport of animals and for authorisation of transporters to transport animals”;
- establishing “the conditions for the approval of road vehicles for transport of animals”;
- specifying the obligations for the keeps prior to departure, during the transport, and at the place of destination;
- establishing requirements for the transport of terrestrial animals;
- setting out requirements for the transport of animals to and from third countries; and
- specifying the specific documents required to accompany wild animals during transportation.
Additional information about this initiative is available here and here.
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