Top global EHS regulatory changes – September 2019

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Here are a few noteworthy global EHS regulatory changes from September 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.

Brussels (Belgium)
– New principal document – Ordinance on the Management and Protection of Non-Navigable Watercourses and Ponds

Denmark
– New principal document – Order on Ionizing Radiation and Radiation Protection

United Kingdom
– New principal document – The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019
– Amendment – The Climate Change Act 2008 (2050 Target Amendment) Order 2019
– Amendment – The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019

Germany
– New principal document – Ordinance on Safety Levels and Safety Measures for Genetic Engineering in Genetic Engineering (Genetic engineering safety regulation – GenTSV)

Colorado
– New principal document – CCR Rule 1001-25 Regulation Number 21 Control of Volatile Organic Compounds from Consumer Products and Architectural and Industrial Maintenance Coatings (DOC)

Poland
– New principal document – Act of 4 July 2019 amending the act on waste and certain other acts

United States
– Amendment – Endangered and Threatened Wildlife and Plants; Reinstatement of ESA Listing for the Grizzly Bear in the Greater Yellowstone Ecosystem in Compliance With Court Order

Luxembourg
– Revise (Repeal and replace) – Act of 28 May 2019 on radiation protection

Russia
– New principal document – The rules for the inventory of discharges of pollutants into the environment

Italy
– New principal document – Legislative Decree 14 May 2019, n. 50 Implementation of the European Parliament and Council Directive 2016/798 of 11 May 2016 on railway safety

Alabama
– Amendment – An Act, To amend Section 32-5B-4 of the Code of Alabama 1975

Canada
– Proclamation/EIF – Order Fixing August 28, 2019 as the Day on which that Act Comes into Force (An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts)
– Revise (Repeal and replace) – Information and Management of Time Limits Regulations
– New principal document – Physical Activities Regulations
– Proclamation/EIF – Order Fixing August 28, 2019 as the Day on which that Act Comes into Force (An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts)
– Proclamation/EIF – Order Fixing August 28, 2019 as the Day on which that Act Comes into Force (An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts)
– Proclamation/EIF -Order Fixing August 28, 2019 as the Date on which Certain Provisions of that Act Come into Force (An Act to amend the Fisheries Act and other Acts in consequence)
– Revise (Repeal and replace) – Authorizations Concerning Fish and Fish Habitat Protection Regulations
– New principal document – Part 1 of the Greenhouse Gas Pollution Pricing Act Regulations (Alberta)
– New principal document – Order Designating the Tuvaijuittuq Marine Protected Area
– New principal document – Order Prohibiting Certain Activities in Arctic Offshore Waters

Brussels (Belgium)

New principal document – Ordinance on the Management and Protection of Non-Navigable Watercourses and Ponds

Industry – Building Management and Maintenance
Document type – Legislation
Document status – Published
Topics – Water Use and Wastewater Management
First effective date – 2020-01-01

This legislation lays down requirements for the management and protection of classified or unclassified non-navigable watercourses and ponds. It notably prohibits: bank or bed degradation of non-navigable watercourses or ponds; obstructing or introducing objects or materials that may impede the free flow of these waters; and undermining their ecological or chemical quality. A permit from the competent authority is required to: carry out construction work, draw water from, or install a plantation or a deposit of objects or materials near a classified non-navigable watercourse; introduce points of discharge into the banks; and modify the morphology of a classified non-navigable watercourse or a regional pond. This legislation also lays down requirements for the maintenance measures to be carried out by the riparian owners or the competent authority. More information about the change is available http://www.ejustice.just.fgov.be/eli/ordonnance/2019/05/16/2019012903/justel

Denmark

New principal document – Order on Ionizing Radiation and Radiation Protection

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – In Force
Topics – Occupational Health, Safety Management, Security and Public Safety, Air Emissions and Ambient Air Quality
First effective date – 2019-07-05

The Radiation Protection Act, this Order and the other rules laid down under the Act apply to the use of radiation sources and radiation exposure in planned and existing radiation situations and in emergency radiation situations, with the following exceptions: 1) Radioactive substances that occur naturally in the human body; 2) Radiation generators operating with a voltage difference less than or equal to 5 kV; 3) Exposure to natural radiation. More information can be found at https://www.retsinformation.dk/Forms/R0710.aspx?id=209405

United Kingdom

New principal document – The Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019

Industry – Transportation
Document type – Legislation
Document status – In Force
Topics – Occupational Health
First effective date – 2019-08-07

This document concerns exposure of aircrew and space crew to cosmic radiation while performing duties on board aircraft or spacecraft. The document includes restrictions on the amount of cosmic radiation to which operators may expose their crew, and requirements for risk assessment, exposure monitoring, providing information, and record keeping. More information can be found at http://www.legislation.gov.uk/uksi/2019/1115/made?view=plain

Amendment – The Climate Change Act 2008 (2050 Target Amendment) Order 2019

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – Published
Topics – Uncategorized
First effective date – 2019-06-27

This changes increases the minimum percentage by which the net UK carbon account for the year 2050 must be lower than the 1990 baseline, from 80% to 100%.

Amendment – The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – Published
Topics – Uncategorized
First effective date – 2019-06-30

This instrument implements changes that have been made to Chapter 4 of Annex VI of the International Convention for the Prevention of Pollution from Ships (“MARPOL”) which are designed to improve the energy efficiency of ships. UK Registered Ships of 5,000 gross tonnage and above will need to record and report their fuel consumption data to the UK competent authority, or a recognised organisation. The data will then be reported to the International Maritime Organisation…The instrument also implements provisions in Annex VI relating to the requirement for ships of 400 gross tonnage and above to be issued with an International Energy Efficiency Certificate. More information about the change is available http://www.legislation.gov.uk/uksi/2019/940/made

Germany

New principal document – Ordinance on Safety Levels and Safety Measures for Genetic Engineering in Genetic Engineering (Genetic engineering safety regulation – GenTSV)

Industry – General
Document type – Legislation
Document status – Published
Topics – Hazardous Materials Management, Safety Management, Occupational Health, General Facility Design and Operation
First effective date – 2021-03-01

This legislation regulates the safety and organizational requirements for genetic engineering work. More information can be found at https://www.gesetze-im-internet.de/gentsv/BJNR023400990.html

Colorado

New principal document – CCR Rule 1001-25 Regulation Number 21 Control of Volatile Organic Compounds from Consumer Products and Architectural and Industrial Maintenance Coatings (DOC)

Industry – General
Document type – Legislation
Document status – Published
Topics – Air Emissions and Ambient Air Quality
First effective date – 2019-09-14

This Rule establishes requirements related to limiting volatile organic compound (VOC) content in consumer products and architectural and industrial maintenance (AIM) coatings manufactured or sold in Colorado. More information is available at https://www.sos.state.co.us/CCR/Upload/AGORequest/AdoptedRules02019-00175.doc

Poland

New principal document – Act of 4 July 2019 amending the act on waste and certain other acts

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – In Force
TopicsWaste Management
First effective date – 2019-08-13

A change to this document has been announced. The first effective date of the document that makes the change is August 13, 2019. More information about the change, including any additional effective dates, is available at http://prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU20190001403/O/D20191403.pdf

United States

Amendment – Endangered and Threatened Wildlife and Plants; Reinstatement of ESA Listing for the Grizzly Bear in the Greater Yellowstone Ecosystem in Compliance With Court Order

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – Published
Topics – Uncategorized
First effective date – 2019-07-31

A change to this document has been announced. Grizzly bears (Ursus arctos horribilis) in the Greater Yellowstone Ecosystem are once again listed as a endangered and threatened species. The first effective date of the document that makes the change is July 31, 2019. More information about the change, including any additional effective dates, is available at https://www.federalregister.gov/documents/2019/07/31/2019-16350/endangered-and-threatened-wildlife-and-plants-reinstatement-of-esa-listing-for-the-grizzly-bear-in.

Luxembourg

Revise (Repeal and replace) – Act of 28 May 2019 on radiation protection

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – In Force
Topics – Waste Management, Water Use and Wastewater Management, Hazardous Materials Management, Occupational Health
First effective date – 2019-08-01

This legislation lays down the legal framework to protect the general public and the persons exposed in an occupational context or for medical purposes against the dangers of ionizing radiation. It notably includes requirements for: exposure dose limit values; education, training and information on radiation protection; the missions, practices, and responsibilities of the various actors (such as establishments, regulated professions and persons in charge of radiation protection); establishing and complying with occupational safety instructions (such as in the event of an incident or accident), with monitoring measures and occupational medical surveillance; and setting up radiation protection optimization processes and patient protection measures in the context of exposure for medical purposes. This legislation also sets out safety management provisions for radioactive materials, including: the obligation for operators of transport, import and export of radioactive substances to obtain an authorization and the procedure for obtaining the authorization; and nuclear waste management measures. More information about the change is available at http://legilux.public.lu/eli/etat/leg/loi/2019/05/28/a389/jo.

Russia

New principal document – The rules for the inventory of discharges of pollutants into the environment

Industry – Utilities and Communications
Document type – Legislation
Document status – In Force
Topics – Water Use and Wastewater Management
First effective date – 2019-07-31

These Rules determine the procedure for organizations carrying out wastewater, operating centralized wastewater systems in settlements or urban districts, individual objects of such systems with wastewater discharges into water bodies, inventory of pollutants discharged into the environment by organizations. More info is available at http://www.consultant.ru/law/hotdocs/58615.html/

Italy

New principal document – Legislative Decree 14 May 2019, n. 50 Implementation of the European Parliament and Council Directive 2016/798 of 11 May 2016 on railway safety

Industry – Rail Transportation
Document type – Legislation
Document status – In Force
Topics – Safety Management, Security and Public Safety, Occupational Health
First effective date – 2019-06-16

More information is available at https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2019-05-14;50!vig=

Alabama

Amendment – An Act, To amend Section 32-5B-4 of the Code of Alabama 1975

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – Published
Topics – Uncategorized
First effective date – 2019-08-01

A change to this document has been announced. The effect of the change is notably to require each occupant of a passenger motor vehicle to have a safety belt fastened while the vehicle is in motion. The first effective date of the document that makes the change is August 1, 2019. More information about the change, including any additional effective dates, is available http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/SB254-enr.pdf

Canada

Proclamation/EIF – Order Fixing August 28, 2019 as the Day on which that Act Comes into Force (An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts)

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – Published
Topics – Uncategorized

This Act will be replaced by the Impact Assessment Act (CA-SC2019,c28,s1) on August 28, 2019. More information about the change, including any additional effective dates, is available http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/si-tr86-eng.html and https://www.parl.ca/DocumentViewer/en/42-1/bill/C-69/royal-assent.

Revise (Repeal and replace) – Information and Management of Time Limits Regulations

Industry – General
Document type – Legislation
Document status – Published
Topics – Environment Management

These regulations provide for the management of time limits and set the information to be provided by proponents of a project in the context of an impact assessment under the Impact Assessment Act (CA-SC2019,c28,s1). They notably set the criteria to suspend timelines set by the Act, specify the information proponents must provide in the initial and detailed project descriptions, specify the documents the government agency will be required to deliver to proponents and post on the online public registry at the end of the planning phase, and set requirements regarding the format and accessibility of information provided by proponents.

This document is being replaced by the Information and Management of Time Limits Regulations (CA-SOR/2019-283). The first effective date of the document that makes the change is August 28, 2019. More information about the change, including any additional effective dates, is available http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/sor-dors283-eng.html

New principal document – Physical Activities Regulations

Industry – General
Document type – Legislation
Document status – Published
Topics – Environment Management
First effective date – 2019-08-28

These regulations prescribe the physical activities that constitute a “designated project” which may require an impact assessment under the Impact Assessment Act (CA-SC2019,c28,s1). They notably define size thresholds for certain new and existing projects, and set conditions to exclude certain projects from being designated. More information can be found at http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/sor-dors285-eng.html

Proclamation/EIF – Order Fixing August 28, 2019 as the Day on which that Act Comes into Force (An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts)

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – Published
Topics – Uncategorized

This Act will come into force on August 28, 2019. More information about the change, including any additional effective dates, is available at http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/si-tr86-eng.html and https://www.parl.ca/DocumentViewer/en/42-1/bill/C-69/royal-assent

Proclamation/EIF – Order Fixing August 28, 2019 as the Day on which that Act Comes into Force (An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts)

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – Published
Topics – Uncategorized

This Act will be replaced by the Canadian Energy Regulator Act (CA-SC2019,c28,s10) on August 28, 2019. More information about the change, including any additional effective dates, is available http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/si-tr86-eng.html and https://www.parl.ca/DocumentViewer/en/42-1/bill/C-69/royal-assent.

Proclamation/EIF – Order Fixing August 28, 2019 as the Date on which Certain Provisions of that Act Come into Force (An Act to amend the Fisheries Act and other Acts in consequence)

Industry – General, Office Spaces, Building Management and Maintenance
Document type – Legislation
Document status – Published
Topics – Uncategorized

Certain provisions of an Act amending this document will come into force on August 28, 2019. According to the Government of Canada, the amendments will notably “provide, among other things, protection for all fish and fish habitats; […] restore the previous prohibition against the ‘harmful alteration, disruption or destruction of fish habitat’; […] restore a prohibition against causing ‘the death of fish by means other than fishing’; […] provide new authorities to amend, suspend, or cancel authorizations; and […] provide a new requirement”. More information about the change, including any additional effective dates, is available http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/si-tr80-eng.html and https://www.parl.ca/DocumentViewer/en/42-1/bill/C-68/royal-assent

Revise (Repeal and replace) – Authorizations Concerning Fish and Fish Habitat Protection Regulations

Industry – General
Document type – Legislation
Document status – Published
Topics – Wildlife and Land Conservation
First effective date – 2019-08-28

These regulations determine the information and documentation that must be submitted to the government to obtain a paragraph 34.4(2)(b) or 35(2)(b) authorization under the Fisheries Act (RSC1985,cF-14). They also set the time limits for the government to render a decision on an application, set out the circumstances in which these time limits may cease to apply, and provide for a process to restart these time limits. They also set out how applications submitted in emergency situations must be submitted and reviewed. Finally, they set out a process to apply for amendments, suspension or cancellation of previously issued authorizations. This document is being replaced by the Authorizations Concerning Fish and Fish Habitat Protection Regulations (CA-SOR/2019-286). The first effective date of the document that makes the change is August 28, 2019. More information about the change, including any additional effective dates, is available http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/sor-dors286-eng.html

New principal document – Part 1 of the Greenhouse Gas Pollution Pricing Act Regulations (Alberta)

Industry – General
Document type – Legislation
Document status – Published
Topics – Air Emissions and Ambient Air Quality, Environment Management
First effective date – 2020-01-01

These regulations identify Alberta as a jurisdiction where the fuel charge of the Greenhouse Gas Pollution Pricing Act (CA-SC2018,c12) apply. They also set the adjustment day for Alberta. A change to this document has been announced. According to the Government of Canada, the changes notably specify the rates of the fuel charge that will apply in Alberta, starting in 2020, and their future increases. The first effective date of the document that makes the change is January 1, 2020. More information about the change, including any additional effective dates, is available http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/sor-dors294-eng.html

New principal document – Order Designating the Tuvaijuittuq Marine Protected Area

Industry – General
Document type – Legislation
Document status – In Force
Topics – Wildlife and Land Conservation, Water Use and Wastewater Management, Natural Resource Management
First effective date – 2019-07-30

This order creates a Marine Protected Area in the Arctic Ocean, off the northern coast of Ellesmere Island. It prohibits activities that would disturb, damage, destroy or remove the environment or part of it, or living organisms in this area, with some exceptions. More information can be found at http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/sor-dors282-eng.html

New principal document – Order Prohibiting Certain Activities in Arctic Offshore Waters

Industry – Oil and Gas
Document type – Legislation
Document status – In Force
Topics – Natural Resource Management
First effective date – 2019-07-30

This order prohibits any person to commence or continue any work or activity authorized under the Canada Oil and Gas Operations Act (RSC1985,cO-7) on the frontier lands that are situated in Canadian Arctic offshore waters and in respect of which the Minister of Northern Affairs has administrative responsibility for natural resources. More information is available at http://www.gazette.gc.ca/rp-pr/p2/2019/2019-08-21/html/sor-dors280-eng.html

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