Home » Compliance Management Blog- ESG, EHS, EHSQ » Proposed EHS regulatory changes – August 2023

Proposed EHS regulatory changes – August 2023

Jonathan Brun

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

United States

European Union

Canada – Federal

Clean Electricity Regulations

Published Date: 19 August 2023
Industry Sector: Utilities & Communications Industry

The Government of Canada has announced its intention to introduce rules that “would establish performance standards to reduce [greenhouse gas] emissions from fossil fuel-generated electricity starting in 2035.”

According to the government, the rules would notably apply “an annual basis emission performance standard of 30 tonnes of [carbon dioxide] per [Gigawatt hour (GWh)] of electricity produced (30 t/GWh),” to electricity generating units that (1) use any amount of fossil fuels to generate electricity, (2) have a capacity of 25 [Megawatts] or greater, and (3) are “connected to an electricity system that is subject to North American Electric Reliability Corporation (NERC) standards (NERC-regulated electricity system).”

The rules would include certain exceptions to the performance standard, quantification requirements, and reporting and recordkeeping requirements.

Interested parties may submit comments until 2 November 2023.

Additional information is available here, here, and here.

Canada – British Columbia

Work continues around improved protections for app-based workers

Published Date: 3 August 2023
Industry Sector: Road Transportation Industry, Food Industry

The British Columbia Ministry of Labour is seeking feedback “on possible solutions to provide better working conditions for app-based ride-hailing and food-delivery workers.” It has released a discussion paper, which “outlines the priority concerns heard during the initial engagement and provides the context for considering appropriate employment standards and other protections for the sector” in four priority issues: fair compensation standards, pay and destination transparency, account suspensions, deactivations and terminations, and workers’ compensation and occupational health and safety coverage.

Interested parties may submit feedback until 30 September 2023.

Additional information is available here and here.

Canada – Northwest Territories

Updates to the Environmental Guideline for Contaminated Sites Remediation

Published Date: 4 August 2023
Industry Sector: General Industry

The Government of the Northwest Territories (GNWT) has announced its intention to update guidelines for contaminated site remediation. According to GNWT, the updated rules would:

  • “[include] additional remediation criteria for groundwater, surface water and sediment quality (previously a federal government responsibility), including for arsenic in soil of the Yellowknife and Inuvik regions;
  • “[clarify] the roles and responsibilities for the key participants involved in the assessment, remediation and/or management of contaminated sites;
  • “[describe] requirements for a Qualified Professional, who leads or supervises the environmental site assessment process, is accountable for documentation and quality of work, and must have the appropriate level of knowledge and experience in all aspects of contaminated site investigation, management and remediation;
  • “[summarize] Land and Water Boards of the Mackenzie Valley, Inuvialuit Water board and Inuvialuit Land Administration permitting requirements;
  • “[include] additional detail for the Contaminated Site Guideline Process including notification, site assessment, preparation and implementation of a remedial action plan or risk management plan, and site closure; and
  • “[introduce] a new section on acid rock drainage and metal leaching from quarries.”

These changes would be made by amendments to the Environmental Guideline for Contaminated Site Remediation.

Interested parties are invited to submit feedback until 31 August 2023.

Additional information is available here and here.

Canada – Ontario

Poor Outdoor Air Quality and Workplace Health and Safety Consultation

Published Date: 1 August 2023
Industry Sector: General Industry, Building Management & Maintenance

The Ontario Ministry of Labour, Immigration, Training and Skills Development (MLITSD) is seeking feedback “on whether poor outdoor air quality is an issue for Ontario workplaces,” and whether rules governing worker health and safety require updating to properly address the issue.

According to the MLITSD, “The Occupational Health and Safety Act (OHSA or the Act) and its regulations do not specifically address poor outdoor air quality. Under the Act, employers have a general duty to take every precaution reasonable in the circumstances for the protection of a worker. This includes protecting workers from the hazards associated with poor outdoor air quality that could pose a risk to workers working outdoors. The hierarchy of controls is a set of practices an employer can consult when considering how to protect workers from exposure to hazards such as poor outdoor air quality.”

Interested parties may provide feedback on discussion questions available until 1 September 2023.

Additional information is available here.

New Heat Stress Regulation Under the Occupational Health and Safety Act

Published Date: 1 August 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The Ontario Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has announced its intention to introduce new broadly applicable heat stress rules. Such rules would notably:

  • “introduce heat stress exposure limits based on the [American Conference of Governmental Industrial Hygienists] method” of assessing workers’ risk of heat stress;
  • “provide for the use of other methods to assess a worker’s risk of exposure to heat stress”;
  • “require employers to identify and implement measures and procedures to control heat exposures based on the ‘hierarchy of controls’, and
  • “require employers to provide worker information and instruction on recognizing the signs and symptoms of heat-related illnesses and the measures to protect themselves.”

According to MLITSD, “heat stress is a significant cause of occupational illnesses that may lead to death [which] affect all workers. Due to changes in our climate, extreme heat events are a growing health risk to workers in Ontario.”

The new rules would be enacted under the Occupational Health and Safety Act.

Interested parties may submit comments until 1 September 2023.

Additional information is available here and here.

Regulating ten species and four genera as invasive species under Ontario’s Invasive Species Act, 2015.

Published Date: 18 August 2023
Industry Sector: General Industry

The Ontario Ministry of Natural Resources and Forestry has announced its intention to “classify ten species and four genera of species as either prohibited or restricted invasive species.”

According to the Ministry, “[p]rohibited species cannot be brought into Ontario, deposited, released, possessed or transported in Ontario and cannot be propagated, bought, sold or traded in Ontario.” The following species and genera, with certain exceptions, would be classified as such: Ide (Leuciscus idus), Eastern Mosquitofish (Gambusia holbrook), Western Mosquitofish (Gambusia affinis), Red Shiner (Cyprinella lutrensis), Oxygen Weed (Lagarosiphon major), Nutria (Myocastor coypus), Watermoss (Genus Salvinia), Crayfish (Genus Procambarus), Crayfish (Genus Pacifastacus).

“Restricted species cannot be deposited or released in Ontario and cannot be brought into a provincial park or conservation reserve”, and the government may prescribe additional species-specific prohibitions to reduce the risk of these species’ spread in Ontario. The following species and genera would be classified as such: Eurasian Water-milfoil (Myriophyllum spicatum), Floating Primrose-willow (Ludwigia peploides), Flowering-rush (Butomus umbellatus), Tree-of-heaven (Ailanthus altissima), Water Ferns (Azolla).

These changes would be made by amendments to the Invasive Species Act, 2015.

Interested parties may submit comments until 2 October 2023.

Additional information is available here.

Canada – Quebec

Halocarbon destruction projects eligible for the issuance of offset credits—Amendment

Published Date: 23 August 2023
Industry Sector: General Industry, Building Management & Maintenance

The Government of Quebec has announced its intention to update rules concerning halocarbon destruction projects. According to the government, the changes would:

  • amend “the scope of the Regulation respecting halocarbon destruction projects eligible for the issuance of offset credits such that only projects for the destruction of halocarbons contained in insulating foam from refrigeration, freezer or air-conditioning appliances are eligible for the issuance of offset credits”;
  • “remove from the definition of halocarbon the halocarbons used or intended to be used as refrigerants for refrigeration, freezing or air conditioning in equipment, systems or appliances from industrial, commercial, institutional or residential sources”;
  • “remove all conditions and methods applicable to projects for the destruction of this type of halocarbon”;
  • remove “certain pieces of the information that promoters are required to send to the Minister as part of the summary description of the project and the information about its location, including the identification of all project sites”; and
  • “allow, in certain circumstances, that the visit of halocarbon destruction facilities be conducted only once every 3 years.”

The changes would be made by amending the Regulation respecting halocarbon destruction projects eligible for the issuance of offset credits.

Interested parties may submit comments until 7 October 2023.

Additional information is available here.

Canada – Saskatchewan

Engagement on Employment Standards Provisions

Published Date: 14 August 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The Saskatchewan Ministry of Labour Relations and Workplace Safety is seeking feedback on various aspects of employment standards rules “to identify the concerns of Saskatchewan employers and employees; any redundant requirements or unnecessary red tape; and any required updates.”

A discussion paper that contains information on the following topics is available for review: Application of employment standards and definitions of employer and employee; Hours of work; Wages and regulation of tips; Job protection for ill or injured employees; Employment leaves; Lay-off and terminations; Authority of employment standards officers.

Changes may be made to the Saskatchewan Employment Act and its associated regulations.

Interested parties may submit comments until 31 October 2023.

Additional information is available here.

United States

Carbon Tetrachloride (CTC); Regulation Under the Toxic Substances Control Act (TSCA)

Published Date: 28 July 2023
Industry Sector: General Industry

The United States Environmental Protection Agency (EPA) has announced its intention to introduce rules regulating carbon tetrachloride (CTC). Such rules would introduce “workplace safety requirements for most conditions of use, including the condition of use related to the making of low Global Warming Potential (GWP) hydrofluoroolefins (HFOs), prohibit the manufacture (including import), processing, distribution in commerce, and industrial/commercial use of CTC for conditions of use where information indicates use of CTC has already been phased out, and establish recordkeeping and downstream notification requirements.”

According to the EPA, “CTC is a volatile, organic compound that is primarily used as a feedstock (i.e., processed as a reactant) in the making of products such as refrigerants, aerosol propellants, and foam-blowing agents.” CTC is linked to “cancer from chronic inhalation and dermal exposures and liver toxicity from chronic inhalation, chronic dermal, and acute dermal exposures in the workplace.”

Interested parties may submit comments until 11 September 2023.

Additional information is available here.

National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review

Published Date: 31 July 2023
Industry Sector: Hardware Manufacturing Industry

The United States Environmental Protection Agency (EPA) has announced its intention to update “the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing Facilities”.

Specifically, EPA is “proposing standards to regulate HAP emissions from five unmeasured fugitive and intermittent particulate (UFIP) sources, some of which are also referred to as ‘fugitive’ sources, that are currently not regulated by the NESHAP, as follows: Bell Leaks, Unplanned Bleeder Valve Openings, Planned Bleeder Valve Openings, Slag Pits, and Beaching.

“Also, for sinter plants [EPA is] proposing standards for the following five currently unregulated HAP: carbonyl sulfide (COS), carbon disulfide (CS2), mercury (Hg), hydrochloric acid (HCl), and hydrogen fluoride (HF); for blast furnace (BF) stoves and basic oxygen process furnaces (BOPFs), [EPA is] proposing standards for the following three unregulated pollutants: total hydrocarbons (THC), HCl, and dioxins/furans (D/F); and for BFs, [EPA is] proposing standards for the following two unregulated pollutants: THC and HCl.”

EPA is also “proposing to revise the current BOPF shop fugitive 20 percent opacity limit to a 5 percent opacity limit and require specific work practices; revise the current BF casthouse fugitive 20 percent opacity limit to a 5 percent opacity limit; and revise the current standards for D/F and polycyclic hydrocarbon (PAH) for sinter plants.” Finally, it proposes “a fenceline monitoring requirement for chromium (Cr), including a requirement that if a monitor exceeds the proposed Cr action level, the facility will need to conduct a root cause analysis and take corrective action to lower emissions.”

Interested parties may submit comments until 14 September 2023.

Additional information is available here.

Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post-Abatement Clearance Levels

Published Date: 1 August 2023
Industry Sector: General Industry

The United States Environmental Protection Agency (EPA) has announced its intention to adjust dust-lead hazard standards for buildings, floors and window sills. EPA clarifies that the changes “do not compel property owners or occupants to evaluate their property for lead-based paint (LBP) hazards nor take control actions, if an LBP activity such as an abatement is performed, then EPA’s regulations set requirements for doing so.”

According to the EPA, the changes would “[address] health concerns for all affected communities, including children living in communities with environmental justice concerns, who have significantly higher blood lead levels (BLLs) than other children.”

Interested parties may submit comments until 2 October 2023.

Additional information is available here.

Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems

Published Date: 1 August 2023
Industry Sector: Oil & Gas Industry

The United States Environmental Protection Agency (EPA) has announced its intention to update “requirements that apply to the petroleum and natural gas systems source category […] to ensure that reporting is based on empirical data, accurately reflects total methane emissions and waste emissions from applicable facilities, and allows owners and operators of applicable facilities to submit empirical emissions data that appropriately demonstrate the extent to which a charge is owed.”

“The EPA is also proposing changes to requirements that apply to the general provisions, general stationary fuel combustion, and petroleum and natural gas systems source categories […] to improve calculation, monitoring, and reporting of greenhouse gas data for petroleum and natural gas systems facilities. [Finally, EPA] proposes to establish and amend confidentiality determinations for the reporting of certain data elements to be added or substantially revised in these proposed amendments.”

Interested parties may submit comments until 2 October 2023.

Additional information is available here.

Revisions to the Air Emissions Reporting Requirements

Published Date: 9 August 2023
Industry Sector: General Industry, Building Management & Maintenance

The United States Environmental Protection Agency (EPA) has announced its intention to update air emissions reporting requirements (AERR).

According to the EPA, the changes would notably “require certain sources [to] report information regarding emission of hazardous air pollutants (HAP); certain sources to report criteria air pollutants, their precursors and HAP; and to require State, local, and certain tribal air agencies to report prescribed fire data.” Changes would also “make the requirements for point sources consistent for every year; phase in earlier deadlines for point source reporting; and add requirements for reporting fuel use data for certain sources of electrical generation associated with peak electricity demand.”

“The proposed revisions include further changes for reporting on airports, rail yards, commercial marine vessels, locomotives, and nonpoint sources. For owners/operators of facilities that meet criteria described in this proposal, the proposed revisions would require reporting of performance test and performance evaluation data to the EPA for all tests conducted after [a specified date].”

Interested parties may submit comments until 18 October 2023.

Additional information is available here.

Regulations To Implement the Pregnant Workers Fairness Act

Published Date: 11 August 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The United States Equal Employment Opportunity Commission has announced its intention to develop regulations that “[require] a covered entity to provide reasonable accommodations to a qualified employee’s or applicant’s known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue hardship on the operation of the business of the covered entity.”

Interested parties may submit comments until 10 October 2023.

Additional information is available here.

National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, and Coke Oven Batteries; Residual Risk and Technology Review, and Periodic Technology Review

Published Date: 16 August 2023
Industry Sector: General Industry

The United States Environmental Protection Agency (EPA) has announced its intention to update “the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Coke Ovens: Pushing, Quenching, and Battery Stacks (PQBS) source category, and the NESHAP for the Coke Oven Batteries (COB) source category.”

According to the EPA, changes to the NESHAP “for the COB source category [would]lower the limits for leaks from doors, lids, and offtakes to reflect improvements in technology to minimize emissions.” They would also include “a requirement for fenceline monitoring for benzene (as a surrogate for coke oven emissions) and a requirement to conduct root cause analysis and corrective action upon exceeding an action level.”

The changes would also include: “(1) new standards for several unregulated HAP or sources of HAP at facilities subject to PQBS NESHAP; (2) the removal of exemptions for periods of startup, shutdown, and malfunction […], and clarifying that the standards apply at all times for both source categories; and (3) the addition of electronic reporting for performance test results and compliance reports.”

Interested parties may submit comments until 2 October 2023.

Additional information is available here.

Corporate Average Fuel Economy Standards for Passenger Cars and Light Trucks for Model Years 2027-2032 and Fuel Efficiency Standards for Heavy-Duty Pickup Trucks and Vans for Model Years 2030-2035

Published Date: 17 August 2023
Industry Sector: Hardware Manufacturing Industry, Road Transportation Industry

The United States National Highway Traffic Safety Administration (NHTSA) has announced its intention to introduce “new fuel economy standards for passenger cars and light trucks and fuel efficiency standards for model years (MYs) 2027–31 that increase at a rate of 2 percent per year for passenger cars and 4 percent per year for light trucks, and new fuel efficiency standards for heavy-duty pickup trucks and vans (HDPUVs) for MYs 2030–2035 that increase at a rate of 10 percent per year.”

“NHTSA is also setting forth proposed augural standards for MY 2032 passenger cars and light trucks, that would increase at 2 percent and 4 percent year over year, respectively, as compared to the prior year’s standards.”

According to NHTSA, the proposed standards “would require an industry fleet-wide average for passenger cars and light trucks of roughly 58 miles per gallon (mpg) in MY 2032 and an industry fleet-wide average for HDPUVs of roughly 2.6 gallons per 100 miles in MY 2038.”

Interested parties may submit comments until 16 October 2023.

Additional information is available here.

Annual Reporting of Explosive Materials Storage Facilities to the Local Fire Authority

Published Date: 23 August 2023
Industry Sector: General Industry

The United States Department of Justice has announced its intention to update explosives reporting rules “to require that any person who stores explosive materials notify on an annual basis the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored of the type of explosives, magazine capacity, and location of each site where such materials are stored.” It would also “[require] any person who stores explosive materials to notify the authority having jurisdiction for fire safety in the locality in which the explosive materials were stored whenever storage is discontinued.”

Interested parties may submit comments until 21 November 2023.

Additional information is available here.

European Union

Proposal for a Directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste

Published Date: 5 July 2023
Industry Sector: Food Industry, Printing and Pulp & Paper Industry

The European Commission has announced its intention to ensure the environmental sustainability and waste management in two resource-intensive sectors: textiles and food sectors. This would be made by amending Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (98/2008(EC)). According to the content of this proposal, the changes would notably:

  • revise the scope of the exclusion from 98/2008(EC) “for gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored”;
  • introduce new definitions for terms such as “producer responsibility organisation” and “producer of textile, textile-related and footwear products listed in Annex IVc”;
  • set out requirements to take measures to prevent food waste, focusing on supporting behavioral change and supply chain cooperation;
  • specify the food waste reduction targets;
  • set out provisions respecting the extended producer responsibility scheme for textiles and “the establishment of the textiles, textile-related and footwear producer register”;
  • define the responsibilities of producer responsibility organizations for textiles;
  • address the management of textile waste;
  • require the review and adaptation of food waste prevention programs; and
  • specify the relevant reporting requirements.

Additional information about this initiative is available here and here.

Proposal for a Directive of the European Parliament and of the Council on Soil Monitoring and Resilience (Soil Monitoring Law)

Published Date: 5 July 2023
Industry Sector: General Industry, Building Management & Maintenance

The European Commission has announced its intention to ensure the health condition of all soils in the European Union. According to the content of this proposal, it would notably:

  • establish “a coherent soil monitoring framework”;
  • set out provisions for soil measurements and the monitoring of soil health;
  • provide “sustainable soil management principles that aim to maintain or enhance soil health”;
  • set out provisions respecting the identification of all potentially contaminated sites and the management and restoration of contaminated sites; and
  • set out reporting requirements.

Additional information about this initiative is available here, here, and here.

Proposal for a Regulation of the European Parliament and of the Council on the accounting of greenhouse gas emissions of transport services

Published Date: 11 July 2023
Industry Sector: General Industry

The European Commission has announced its intention to set out provisions for the measurement and calculation of greenhouse gas emissions from freight and passenger transport. According to the content of this proposal, it would notably introduce “the method for calculating greenhouse gas emissions of transport services,” establish methodology and rules for using databases and datasets, and establish requirements for output data, communication, and transparency of results, as well as the certification of external calculation tools and the verification of output data.

Additional information about this initiative is available here and here.

Proposal for a Regulation of the European Parliament and of the Council on circularity requirements for vehicle design and on management of end-of-life vehicles, amending Regulations (EU) 2018/858 and 2019/1020 and repealing Directives 2000/53/EC and 2005/64/EC

Published Date: 13 July 2023
Industry Sector: Hardware Manufacturing Industry, Other Industry

The European Commission has announced its intention to manage the design, production, service life and end-of-life treatment of vehicles in a sustainable manner. According to the content of this proposal, it would notably:

  • introduce “circularity requirements concerning vehicle design”, such as the “minimum requirements on the reusability, recyclability and recoverability of vehicle types” and the restrictions on “the use of lead, cadmium, mercury and hexavalent chromium in vehicles”;
  • provides “information and labelling requirements for manufacturers”;
  • establish “rules on the management of end-of-life vehicles”;
  • establish “rules on used vehicles and their export”; and
  • establish enforcement rules.

Additional information about this initiative is available here and here.

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions

Published Date: 14 July 2023
Industry Sector: General Industry

The European Commission has announced its intention to further restrict mercury usage in the European Union (EU). According to the content of this proposal, it would notably add “an EU-wide prohibition to use dental amalgam for dental treatment as from 1 January 2025,” add “an EU-wide prohibition to manufacture and export dental amalgam as from 1 January 2025,” and introduce various types of mercury-containing lamps to align the regulation with existing restrictions and specify the date from which the export, import and manufacturing of these newly added mercury-added products are prohibited.

The changes would be made by amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017.

Additional information about this initiative is available here and here.

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