Top Global EHS Regulatory Changes – May 2019

Jonathan Brun

Here are a few noteworthy global EHS regulatory changes from May 2019. We cover EHS legislation and standards for over 90 countries and 200 jurisdictions. If you would like to track legislative changes for specific regions, countries or jurisdictions, we are happy to help. Please send us a request for more information here and we will contact you shortly.

Australia

Industrial Chemicals Act 2019

Industry – General
The Industrial Chemicals (Notification and Assessment) Act 1989 has been repealed and replaced by the new Industrial Chemicals Act 2019. More information about the change is available at https://www.legislation.gov.au/Details/C2019A00013

European Union

Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)

Industry – General
Sector – Building Management and Maintenance
This document sets out rules for free-of-charge allocations of greenhouse gas emission allowances. It includes application, data monitoring, and reporting requirements for plant operators.

Quebec (Canada)

Regulation respecting sand pits and quarries

Industry – General
Sector – Forestry
Regulation respecting sand pits and quarries has been repealed and replaced by the 2019 Regulation respecting sand pits and quarries. More information about the change is available at https://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=1&file=103859.pdf. The regulation contains requirements for pits and quarries operated for commercial or industrial purposes, to fulfil contractual obligations or for the construction, repair or maintenance of roads, dikes or dams. It includes requirements relating to operating conditions, noise management, blasting activities, location standards, financial guarantees to restore sites and provisions related to restoration. It also contains provisions allowing the use of slightly contaminated soils to backfill a quarry in certain circumstances and establishes which activities are eligible for a declaration of compliance.

U.S. Federal

Removal of Compliance Deadline for Closed-Circuit Escape Respirators and Clarification of Post-Approval Testing Standards for Closed-Circuit Escape Respirators

Industry – General
Sector – Office Spaces, Building Management and Maintenance
Removal of Compliance Deadline for Closed-Circuit Escape Respirators and Clarification of Post-Approval Testing Standards for Closed-Circuit Escape Respirators has amended the 42 CFR 84 Subpart H Self-Contained Breathing Apparatus. More information about the change is available at https://www.federalregister.gov/documents/2019/04/19/2019-07935/removal-of-compliance-deadline-for-closed-circuit-escape-respirators-and-clarification-of.

China

Notice on Issuing the Implementation Plan for Groundwater Pollution Prevention and Control

Industry – General
The notice issued the “Technical Requirements for Division of Groundwater Pollution Prevention and Control Zones”, “Requirements for the Assessment of the Anti-Seepage Transformation of Gas Stations”, “Technical Requirements for the Publication of List of Groundwater Contaminated Sites” and “Implementation Plan for Groundwater Pollution Prevention and Control”.

The “Implementation Plan for Groundwater Pollution Prevention and Control” is combined with the “Action Plan for Water Pollution Prevention and Control”, the “Action Plan for Soil Pollution Prevention and Control” and the “Action Plan for the Tough Battle of Agricultural and Rural Pollution Control”, and focuses on achieving the recent goal of “First Guarantee, Second Construct, Third Cooperate, Fourth Implement”, and develop a number of specific implementation plans.

The main tasks include the implementation of anti-seepage transformation, the publication of a list of groundwater-contaminated sites, the implementation of rehabilitation pilot programs, and the implementation of the sealing and backfilling of abandoned mines, drilling wells, and water-intaking wells. More information is available at https://www.mee.gov.cn/xxgk2018/xxgk/xxgk03/201904/t20190401_698148.html

National Development and Reform Commission, Ministry of Water Resources: National Water-Saving Action Plan

Industry – General
The “Plan” proposes goals including those by 2020, the water consumption per 10,000 yuan of GDP and the industrial added value per 10,000 yuan should be reduced by 23% and 20% respectively compared with 2015, and the reuse rate of industrial water above designated size will reach 91% or more; by 2022, The total water consumption in the country is controlled within 670 billion cubic meters; by 2035, the total water consumption in the country is controlled within 700 billion cubic meters, and water conservation and recycling should reach the world’s advanced level. In order to achieve the above goals, the “Plan” proposes 6 key actions including “double control of total intensity”, “agricultural water saving and efficiency increase”, “industrial water saving and emission reduction”, “urban water saving and loss reduction”, “water saving and source opening in key areas” and “scientific and technological innovation leading”, and clarifies 29 specific tasks.

The “Plan” emphasizes the reform of the mechanism system, including comprehensively deepening water price reform, strengthening water consumption measurement and statistics, strengthening water-saving supervision and management, promoting water rights and water market reform, and promoting contracted water-saving management. More information is available at https://www.ndrc.gov.cn/zcfb/gfxwj/201904/t20190418_933455.html

Canada

Regulations Amending Part 1 of Schedule 1 and Schedule 2 to the Greenhouse Gas Pollution Pricing Act

Industry – General
Sector – Office space, Building Management and Maintenance
According to the Government of Canada, the changes notably identify the provinces and territories in which the fuel charge will apply, and specify the rates of the fuel charge in each of those jurisdictions. The first effective date of the document that makes the change is April 1, 2019. More information about the change, including any additional effective dates, is available at https://www.gazette.gc.ca/rp-pr/p2/2019/2019-04-03/html/sor-dors79-eng.html.

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