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LEHDER News

Updates to AEP's Review of the 1998 CEMS Code

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Updates to AEP's Review of the 1998 CEMS CodeAlberta Environment and Parks (AEP) had issued a solicitation for feedback regarding the 1998 Continuous Emission Monitoring System (CEMS) Code; comments were accepted until July 19, 2017. The AEP has issued a follow-up email regarding the next steps in drafting the revision of the CEMS Code. This information is provided below, please note the email distribution lists you can join in order to receive forthcoming updates directly.

Thank you very much to those who provided comments and suggestions on the 1998 CEMS Code. We received a lot of feedback and were encouraged to see many common themes.

We have reviewed the feedback and will continue to use it as we work on completing a draft revised CEMS Code. We will not be providing responses to the comments submitted at this time. We will incorporate all that we heard into the draft we prepare, but do not have resolution at this time as to how each suggestion will be addressed.

We did receive requests for further information on the revision process. Here are some details that we are able to share at this time:

  • AEP in collaboration with the AER, will be reviewing in further detail the feedback submitted.

  • Comments and suggestions will be used to draft a revised CEMS Code. Once a draft is complete, it will be posted for stakeholder review and comment (a 60-day review period), via the Air Monitoring Directive website.

  • Communication to stakeholders will be via the AMD email distribution list and the CEMS Users email distribution list.Information on how to join those lists is provided below.

  • We are not able to confirm when a draft will be available for review, however we are aiming to have revision team work completed by the end of calendar year 2017. The date for completion of the final revised Code will depend on when the draft is posted and what feedback is received on the draft.

  • A “coming into force” date has not yet been decided, however that will be part of the draft posted for review.

Those interested to receive updates on this work can sign up for one of the following email distribution lists:

AMD Feedback email distribution list available from: http://aep.alberta.ca/air/legislation/air-monitoring-directive/default.aspx

CEMS Users email distribution list available from: http://aep.alberta.ca/air/reports-data/continuous-emissions-monitoring/default.aspx

Thank you again for your participation. Please let us know if you have questions.

If you have any questions regarding the 1998 CEMS Code or the Air Monitoring Directive, please contact Mike Denomme.

Alberta Review of OHS Act Underway

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Alberta OHS Act Review 2017The Alberta Government is currently reviewing the Occupational Health and Safety (OHS) Act; comments will be accepted until October 16, 2017.  This is the first comprehensive review of the Act since it was enacted in 1976.

The review encompasses not only the legislation but also enforcement, compliance, education, awareness and preventative efforts.  Some of the topics include clarification of the roles of employers and workers responsibilities under the legislation, improving worker engagement and renewed focus on prevention of injury and illness.

Comments will be accepted until October 16, 2017.  The Alberta Government has provided a discussion paper to provide background and direction on completing your review of the Act.  The discussion paper can be accessed at the following link:

https://www.alberta.ca/ohs-review-discussion-paper.aspx

An online survey is also available for interested stakeholders.  Participation is anonymous and the survey will take approximately 30 minutes to complete.

Comments can also be submitted via mail or email at:

OHS System Review Secretariat
8th Floor, Labour Building
10808 - 99 Avenue
Edmonton, AB T5K 0G5

Tel: 780-427-2688

Email: lbr.review@gov.ab.ca

For additional information regarding the Alberta OHS Act, please contact Mark Roehler.

Ontario Government - Red Tape Challenge for Chemical Manufacturing

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Chemical Manufacturing Comments for Red Tape ChallengeThe Government of Ontario is soliciting feedback regarding regulations affecting the chemical manufacturing industry, based upon the Red Tape Challenge.  Comments are currently being received on 148 different regulations which affect this industry until September 30, 2017.  A report with the consultation findings will be issued on March 30, 2018.

This government initiative is intended to provide an avenue for stakeholders to provide input on existing regulations to assist with updating, improving or eliminating the regulations pertaining to the chemical manufacturing industry.

Consultation on the following regulatory categories is currently available:

Comments can be provided by selecting the category above; more information regarding this consultation is available at:

https://talks.ontario.ca/redtapechallenge/

If you do not work within this industry, the Ontario Government is still interested in comments you may have pertaining to any of the regulations listed so please feel free to participate.

For more information, please contact Marnie Freer.

Proposed Amendments to Ontario Regulation 455/09 and the Toxics Reduction Act Posted for Comments

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On July 28, 2017, proposed amendments to Ontario Regulation 455/09 and creation of a new services documents regulation under the Toxics Reduction Act were posted to the Environmental Registry.  Comments on the proposals must be submitted by September 26, 2017.  The full EBR posting, EBR Registry Number 012-8583, can be viewed at the following link.  Excerpts from the post providing an overview of the proposed amendments is provided below as well.

EBR Registry Number 012-8583:

http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTMwMDQ1&statusId=MTk3MDA0&language=en

Proposed Amendments to O. Reg. 455/09:

MOECC is proposing that O. Reg. 455/09 be amended with respect to:

1. Reducing a reporting requirement from the annual report for the regulated community Require facilities to report on the estimated amounts of toxic substance reductions from the implementation of more than one option in aggregate rather than per option, as is currently the case.

2. Modifying the planning process to focus on technically feasible options Modify the toxic substance reduction planning process so that estimates of reduction in the use, creation, and discharge of a toxic substance included in the plan would only be required for those reduction options determined to be technically feasible.

3. Simplifying the toxic substance plan review process When creating a new version of a plan as a result of a review of the plan, a facility:

  • Would be required to provide a new statement of intention to reduce a toxic substance or, alternately, the reasons for not making such a statement. A rationale explaining the changes from the previous plan would no longer be required.
  • Would be required to update the objectives, but would not be required to provide a rationale explaining the changes from the previous plan.
  • Would no longer be required to include all the previous years’ records since the current plan was created. Only the previous year’s accounting records would be required to be included. Facilities are already required to retain all documents and records created or acquired for preparing, amending and reviewing plans, and for tracking and quantifying substances for a minimum of seven years.

4. Adjust the schedule and timing of the plan review process Change the date by which facilities must review and prepare a new version of their toxic substance reduction plans from December 31, 2018 to December 31, 2019, and require subsequent reviews of plans take place every sixth year instead of every fifth year.

5. Protecting business confidentiality For the purpose of reporting to the public, require year-over-year comparisons for the use, creation and contained in product to be expressed in percentages only, and not in actual units of measurement as well, as is currently the case.

6. Aligning with changes made to the NPRI reporting requirements

  • Automatically provide facilities with an extension to the due date for submitting, annual reports, exit records and exemption records if NPRI reporting deadlines are extended.
  • Provide the Director with the discretion to extend the due date for submitting plan summaries if there are technical difficulties with submitting them through the online reporting interface (i.e., Single Window).
  • Align administrative information required by the Toxics Reduction Program with that required by NPRI. The changes focus on the North American Industry Classification System (NAICS) codes, spatial coordinates, and email addresses.

7. Clarifying language and intent of the regulation

  • Add a requirement that the annual report information required to be made available to the public on the internet be done so on or before December 31st in the calendar year in which the report was given to the Director and remain available for the duration it is current.
  • Add a requirement that a plan summary be made available on the internet for the duration it is current.
  • Clarify that only certain documents, such as annual reports or plan summaries that are submitted to the Director are the documents that must be submitted in an electronic form approved by the Director.

8. Administrative/housekeeping changes

9. Removing provisions that no longer apply

Proposed New Service of Documents Regulation under the Toxics Reduction Act:

Make a new service of documents regulation under the TRA to modernize how certain documents are served. This would be similar to service of documents regulations found under the Environmental Protection, Safe Drinking Water, Pesticides, Nutrient Management, Clean Water, and Ontario Water Resources Acts.

Comments must be submitted by September 26, 2017 and can be submitted by mail or online:

Erin Harrigan Podgaiz
Senior Program Advisor
Ministry of the Environment and Climate Change
Environmental Programs Division
Program Management Branch
40 St Clair Avenue West
4th floor
Toronto Ontario
M4V1M2
Phone: (416) 325-4103

For more information, please contact Marnie Freer.

Comment Period for Proposed Emission Regulations for Oil & Gas Closing July 27, 2017

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ECCC Proposed Regulations for CH4 and VOCs for Oil & Gas IndustryOn May 27, 2017, Environment and Climate Change Canada (ECCC) published the proposed regulations for methane and VOC emissions for the oil and gas sector in the Canada Gazette, Part I, for a 60 day comments period; comments will be accepted until July 27, 2017.

Links to the Regulatory Impact Analysis Statement, proposed regulatory text and contact information for comments is provided below.

Regulations Respecting Reduction in the Release of Volatile Organic Compounds (Petroleum Sector)

All comments and notices must cite the Canada Gazette, Part I, and the May 27, 2017 date of publication of this notice, and be sent to Helen Ryan, Director General, Energy and Transportation Directorate, Environmental Protection Branch, Department of the Environment, Gatineau, Quebec K1A 0H3 (fax: 819-420-7410; email: ec.covsecteurpetrolier-vocpetroleumsector.ec@canada.ca).

Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)

All comments and notices must cite the Canada Gazette, Part I, and the May 27, 2017 date of publication of this notice, and be sent by mail to the Oil, Gas and Alternative Energy Division, Department of the Environment, Gatineau, Quebec K1A 0H3 or by email to ec.methane-methane.ec@canada.ca.

For questions on how these regulations may impact your facility, please contact Marnie Freer.

Industry Input Requested for NAFTA Renegotiations

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Industry Input Requested on NAFTA RenegotiationGlobal Affairs Canada has requested the input from industry stakeholders, amongst others, in regards to the renegotiation of NAFTA.  The notice is provided for you below.  Please note the timeline for comments is very short; comments are due on July 18, 2017.

 

Why is Canada holding consultations on the renegotiation of the North American free trade agreement (NAFTA)?

On May 18, 2017, the United States formally notified Congress of its intention to initiate negotiations related to NAFTA with Canada and Mexico. In order to prepare for the negotiations, Canada is undertaking a broad consultation process with Canadians. We want to hear from you. We need to hear your ideas, your experiences, and your priorities in these consultations. Engaging with Canadians will be an important factor in informing the Government’s positions and proposals in any renegotiation of NAFTA. It will also serve to determine Canada’s objectives and approach to the negotiations.

Who is invited to participate?

All interested Canadians are invited to share their views or comments on the renegotiation of NAFTA, including:

  • Individuals Businesses, including small and medium-sized enterprises (SMEs)

  • Experts/Academics

  • Civil society organizations and not-for-profit organizations

  • Labour unions

  • Provincial, territorial and municipal governments

  • Indigenous peoples

  • Students and youth

  • Any other interested Canadians

What will be the focus of consultations?

We are interested in hearing about what aspects or elements of NAFTA have worked well for Canadians and should remain as is and where changes or improvements could be desirable. A Canada Gazette notice on consultations on the renegotiation of the NAFTA provides background information on the NAFTA initiative, and lists areas for which the government is seeking your views. For those who wish to provide their views directly online, complete the consultation form.

How do I participate?

The Government of Canada is seeking the views of all interested Canadians. There are different ways you can participate in these consultations:

  • Provide a written submission in response to the Canada Gazette Notice until July 18, 2017, using one of these options:

    • Send your submission by email: NAFTA-Consultations-ALENA@international.gc.ca

    • Or mail to: NAFTA Consultations Global Affairs Canada Trade Negotiations – North America (TNP) Lester B. Pearson Building 125 Sussex Drive Ottawa, ON K1A 0G2

  • Complete the online consultation form on the renegotiation of NAFTA.

Comments must be submitted by July 18, 2017.

TDG Regulations Amended & Proposed Changes to Part 12

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TDGR Amended and Part 12 Air Proposed ChangesThe TDG Regulations have been amended to adopt the International Update of 2016. This updated version of the TDG (SOR/2017-137) was published in Part II of the Canada Gazette on July 12, 2017 and are now in effect.

Transport Canada has provided a summary of the changes and the link to the Gazette publication at the following URL:

http://www.tc.gc.ca/eng/tdg/clear-modifications-adopted-90.htm?mc_cid=f85c1e4d6e&mc_eid=b070e54672

The majority of changes are to bring the TDG in line with international legislation and standards.

Proposed Changes to Transportation of Dangerous Goods by Air: Part 12

Transport Canada is proposing changes to Part 12 of the TDGR, including amendments to transportation to or from remote areas (‘Limited Access’ Provisions) and aerial work. More information, including consultation documents, can be found at http://www.letstalktransportation.ca/part12air

Comments will be accepted until August 8, 2017 and can be submitted via email to TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca

If you have any questions regarding the amended TDGR or the proposed changes to Part 12, please contact Mark Roehler.

New Transition Timelines for Hazardous Products Regulation and WHMIS 2015

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New Transition Timelines for HPR and WHMIS 2015On May 24, 2017, the Workplace Hazardous Materials Bureau issued an electronic notification regarding the delay of the requirement for companies to transition to WHMIS 2015.  The full communication is provided below.

On February 11, 2015, the Government of Canada published the Hazardous Products Regulations (HPR) in the Canada Gazette, Part II. These regulations, combined with amendments to the Hazardous Products Act (HPA), modified the Workplace Hazardous Materials Information System (WHMIS) 1988 to incorporate the Globally Harmonized System of Classification and Labelling for Chemicals (GHS) for workplace chemicals in Canada. This modified WHMIS is referred to as WHMIS 2015.

The transition to WHMIS 2015 included a three-stage transition period that is synchronized nationally across federal, provincial and territorial jurisdictions. However, Orders in Council have recently been approved to defer two of the milestones for transition. These Orders will be published in the Canada Gazette Part II shortly. In the interim, suppliers should be aware of the new transition deadlines. Manufacturers and importers now have until June 1, 2018 to comply with the HPR. The deadline of June 1, 2017 has been delayed by one year to June 1, 2018. The second deadline of June 1, 2018 has been delayed by three months to September 1, 2018.

The target deadline set for employers by federal, provincial and territorial (FPT) agencies responsible for occupational safety and health (OSH) in the workplace remains unchanged at December 1, 2018.

For information on employer WHMIS requirements set out by FPT OSH agencies, contact the agency in your jurisdiction. Specific WHMIS requirements for any jurisdiction can also be found at WHMIS.org. These Orders extend the periods during which suppliers can comply with either the Controlled Products Regulations (WHMIS 1988) or the HPR (WHMIS 2015). The Orders and a Regulatory Impact Analysis Statement (RIAS) will be published in the Canada Gazette Part II shortly.

This Order and the Regulatory Impact Analysis Statement (RIAS), SOR/2017-92 and SOR/2017-93, were published in the Canada Gazette Part II on May 31, 2017. The Gazette publication can be viewed here:

http://www.gazette.gc.ca/rp-pr/p2/2017/2017-05-31/html/sor-dors92-eng.php

http://gazette.gc.ca/rp-pr/p2/2017/2017-05-31/html/sor-dors93-eng.php

If you have any questions in regards to the Hazardous Products Regulation or WHMIS, please contact Mark Roehler.

 

MSAPR Part 1 Classification Clarifications for June Reporting Deadline

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On May 30, 2017, clarification in regards to classification reporting for the June 17, 2017 reporting deadline for MSAPR Part 1 was released.

  • ECCC has received questions on the timelines associated with submitting a classification report by classifying equipment using the provisions 34(1)(b)(iii), 34(1)(b)(iv) and 34(1)(b)(v). To clarify, equipment classified using provisions 34(1)(b)(iii), 34(1)(b)(iv) and 34(1)(b)(v) have 18 months as set out in 41(1)(a) to submit their classification report given that they are relying on the determination given by a CEMS or stack test. It is important to note that the reference period for testing is 12 months.

  • If you are unable to obtain the equipment serial number, please indicate “Unable to obtain, see comments below” in the Serial Number field of the MSAPR Online Reporting Tool. Then, provide your justification on why you were unable to obtain the serial number in the Additional Comments field.

  • If you are unable to obtain the complete equipment commissioning date, please indicate “January 1st” the commissioning year of your equipment and provide your justification in the Additional Comments field.

For additional information or clarification, the Combustion Unit with Environment and Climate Change Canada can be reached at ec.combustion.ec@canada.ca.

For more information on the MSAPR, please contact Pete Pakalnis.

Proposed Emission Regulations for Oil & Gas Industry

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ECCC Proposed Regulations for CH4 and VOCs for Oil & Gas IndustryOn May 25, 2017, Environment and and Climate Change Canada (ECCC) issued a news release regarding the proposed methane and VOC emission regulations for the oil and gas sector. These proposed regulations will be published in the Canada Gazette, Part I, on May 27, 2017 for a 60 day comments period; comments will be accepted until July 27, 2017.

The full ECCC news release, including quick facts and links to the backgrounders on the proposed regulations, can be viewed here:

https://www.canada.ca/en/environment-climate-change/news/2017/05/canada_to_reduceemissionsfromoilandgasindustry.html

Quick links to the proposal technical backgrounders are available below:

Proposed regulations to reduce methane emissions in the oil and gas sector

Proposed regulations to reduce the release of volatile organic compounds (petroleum sector)

For questions on how these regulations may impact your facility, please contact Marnie Freer.