Derogations tracker or eased regulations
Canada
In response to the Covid-19 pandemic, the government of Ontario has brought in a temporary regulation that exempts all proposals for policies, acts, regulations and instruments from posting requirements under the Environmental Bill of Rights (EBR). It also removes the requirement to consider Statements of Environmental Values for its duration.
The proposed regulation will automatically expire 30 days after the termination of the state of emergency, according to a government notice.
India
India’s Central Drugs Standard Control Organisation (CDSCO) is granting permission for oxygen manufactured for industrial use to be used for medical purposes. The call aims to secure oxygen supplies for Covid-19 patients. Operators of facilities for industrial oxygen can apply to the CDSCO and will be granted a licence for medical uses within 24 hours. However, operators should still manufacture in line with the requirements of the Drugs and Cosmetics Act 1940.
Denmark
The Danish EPA will begin carrying out physical site inspections of hand disinfectants in shops from tomorrow, 1 May, to crack down on illegal products entering the market during the pandemic.
Denmark eased its registration requirements for disinfectants last month, using the biocidal products Regulation’s (BPR) Article 55 derogation. Since then, some 40 products have been registered with the EPA under this exemption, which covers products containing ethanol and propan-2-ol.
But the agency has also had to pull several non-compliant disinfectants from the market for containing biocidal active substances that do not have the proper approval under the BPR. It has also reported a "general rise" in reports from the public of suspected non-compliant hand disinfectants.
The physical checks will also serve to follow up on the market withdrawal orders the EPA has issued for non-compliant products.
US
More than 80 members of Congress have called for a future Covid-19 relief package to include provisions addressing per- and polyfluoroalkyl substance contamination that "hold those who discharge PFAS responsible".
In a 27 April letter, lawmakers urged the adoption of legislation that, among other provisions, would require the EPA to establish effluent limits and pretreatment standards for PFAS emissions from "priority industry categories", including chemical companies.
US
The Household and Commercial Products Association (HCPA) has asked the US EPA to extend to other product categories its regulatory flexibility policy for sourcing ingredients used in disinfectants. Other "areas of critical infrastructure that are being impacted by Covid-19" that could benefit from the relief include sanitising products at food production facilities, additional hard surface disinfectants and laundry sanitiser disinfectant products, said the trade group.
According to the HCPA, the EPA’s Office of Pesticide Programs (OPP) "was receptive to these recommendations" when the trade group met with agency staff on 29 April.
US
The US EPA and the Centers for Disease Control and Prevention (CDC) have released updated guidance to help facility operators and families properly clean and disinfect spaces.
"As our nation re-opens, this guidance is critical to help Americans return as safely as possible to work, school, and other daily activities within their communities," said CDC director Robert Redfield.
US
More than 150 non-profit groups have called on the US EPA to rescind or replace its interim policy, allowing enforcement discretion for companies that fail to comply with routine monitoring and reporting requirements due to the Covid-19 pandemic.
In a 28 April letter sent to EPA leaders and several members of Congress, the groups called for the controversial policy to be eliminated or replaced with "a more specific, time-limited, much more narrowly targeted policy that provides for waivers on a case-by-case basis". They also urged public disclosure in situations where monitoring or reporting are suspended.
In a separate letter, Senator Tom Carper (D–Delaware) also raised concern over indications that the EPA had considered making the interim policy a permanent one, and that the agency had mulled making the reduced reporting requirements applicable during any national emergency.
"I would be very concerned if permanent relaxations of environmental requirements were ultimately finalised using Covid-19 as a pretext," he said.
Supply chain concerns
US
The American Chemistry Council has sent letters to the United States Trade Representative (USTR) and the US International Trade Commission (USITC) seeking relief from tariffs on chemicals and plastics. The trade group says reducing trade barriers is a way to meet the increased demand in the US for the medical care and sanitation products used to combat the Covid-19 pandemic.
New Zealand
New Zealand’s EPA has published guidance to companies on importing and manufacturing hand sanitisers. The rules aim to help industry professionals understand their legal obligations.
Any company that is repackaging and/or relabelling a hand sanitiser containing a hazardous substance will be considered a manufacturer.
The EPA’S Hazardous Substances Compliance Advisors are working remotely and can be contacted if companies do not find the information they need in the guidance.
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