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PROPOSED EHS REGULATORY CHANGES – AUGUST 2022

By Jonathan Brun, August 31st, 2022

By: Sydney Sybydlo

This is a list of select proposed EHS regulatory changes in Canada, the United
States, and the European Union. We cover EHS legislation in over 100 countries
and 200 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

 * Ontario – Proposal to amend O.Reg. 509/18 under the Electricity Act, 1998
   (“Efficiency Regulation”)
 * Quebec – Hours of driving and rest of heavy vehicle drivers—Amendment


UNITED STATES

 * Federal – Addition of Diisononyl Phthalate Category; Community Right-to-Know
   Toxic Chemical Release Reporting
 * Federal – Marine Mammals; Incidental Take During Specified Activities: The
   Gulf of Alaska


EUROPEAN UNION

 * No newsworthy proposals this month.


CANADA


ONTARIO


PROPOSAL TO AMEND O.REG. 509/18 UNDER THE ELECTRICITY ACT, 1998 (“EFFICIENCY
REGULATION”)

Published Date: 10 August 2022
Industry Sector: General Industry, Building Management & Maintenance

The Government of Ontario has announced its intention to make changes to
“[certain] products in Ontario’s product energy efficiency regulation to
increase harmonization with other jurisdictions.” According to the Ontario
Government, the changes would notably update:

 * “efficiency requirements for commercial gas furnaces, residential air
   conditioners and heat pumps, roadway luminaires and highway luminaires”;
 * “scope definitions for [specified] products currently regulated by Ontario
   and by [Department of Energy (DOE)] but not by [Department of Natural
   Resources (NRCan)]” such as certain air conditioners, floor furnaces, pool
   heaters, room heaters, wall furnaces, and water heaters;
 * “requirements for [specified] products [such as certain dehumidifier and
   water heater] to more closely align with NRCan and/or DOE”; and
 * test method for certain products such as liquid-filled distribution
   transformers and geothermal liquid-to-water heat pumps.

It would also notably clarify the scope for specified products such as certain
vending machines and water heaters and “make changes to the regulation of a
housekeeping nature [to] clarify the scope and/or requirements for some
products, or update references to include the most relevant or most recent
editions of test standards for products with no changes to the existing
efficiency requirements.”

These changes would be implemented by amending Energy and Water Efficiency –
Appliances and Products – Electricity Act, 1998.

Interested persons are invited to submit comments until 24 September 2022.

Additional information on the proposal is available here.


QUEBEC


HOURS OF DRIVING AND REST OF HEAVY VEHICLE DRIVERS—AMENDMENT

Published Date: 17 August 2022
Industry Sector: Road Transportation Industry

The Government of Quebec has announced its intention to update rules concerning
work and rest hours for operators of heavy vehicles. According to the
government, the changes would require heavy vehicles to be equipped with an
electronic logging device, and “detail the requirement for heavy vehicle drivers
to use the device to produce a record of duty status in which their hours of
service and hours of rest have been entered”. The proposed changes include
exemptions and rules governing procedures for device malfunction, as well as
recordkeeping and reporting requirements.

The changes would be made by amending the Regulation respecting the hours of
driving and the rest of heavy vehicle drivers.

Interested parties may submit comments until 1 October 2022.

Additional information is available here.


UNITED STATES


FEDERAL


ADDITION OF DIISONONYL PHTHALATE CATEGORY; COMMUNITY RIGHT-TO-KNOW TOXIC
CHEMICAL RELEASE REPORTING

Published Date: 8 August 2022
Industry Sector: Chemicals Industry

The Environmental Protection Agency (EPA) has announced its intention to “add a
Di-isononyl phthalate (DINP) category to the list of toxic chemicals subject to
the Toxics Release Inventory (TRI) reporting requirements”. The changes would
require certain facilities (generally listed here under their North American
Industrial Classification System (NAICS) codes) that manufacture, process, or
otherwise use certain amounts of DINP-category chemicals per year to report on
their usage to the EPA.

According to the EPA, “the DINP category is a family of di-ester phthalates
widely used as plasticizers […] particularly in the production of polyvinyl
chloride (PVC)”.

Interested parties may submit comments until 7 October 2022.

Additional information is available here, here, and here.


MARINE MAMMALS; INCIDENTAL TAKE DURING SPECIFIED ACTIVITIES: THE GULF OF ALASKA

Published Date: 15 August 2022
Industry Sector: Water Transportation Industry, Construction Industry

The United States Fish and Wildlife Service is proposing the allowance of
certain “nonlethal, incidental, unintentional take by harassment of small
numbers of northern sea otters [( Enhydra lutris kenyoni )] during marine
construction and pile driving in the Gulf of Alaska coastal waters” but would
not authorize lethal take. The rules would include “permissible methods of
nonlethal taking; mitigation measures to ensure that the [United States Coast
Guard’s] activities will have the least practicable adverse impact on the
species, their habitat, and the availability of this species for subsistence
uses; and requirements for monitoring and reporting”.

Interested parties may submit comments until 14 September 2022.

Comments on the information collection requirements in the proposal may be
submitted until 14 October 2022.

Additional information is available here.


EUROPEAN UNION

No newsworthy proposals this month.


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