Top global EHS regulatory changes – December 2019

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

Canada Federal

New principal document – Circumstances for Excluding Periods from Time Limits Regulations

First effective date – 2019-12-02
Industry – mining and minerals, oil and gas, utilities and communications

These regulations specify when time periods may be excluded from the calculation of various time limits set in the Canadian Energy Regulator Act, such as time limits applicables to applications for a certificate or to applications for an authorisation.

US Federal

Amended document – 40 CFR 260 Hazardous Waste Management System: General
Amending document – Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations

First effective date – 2020-02-07
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The change is part of a suite of amendments that add hazardous waste aerosol cans (widely used for dispensing a broad range of products including paints, solvents, pesticides, food and personal care products) to the federal universal waste program. Notably, the change establishes requirements for managing discarded aerosols cans. According to the Federal Register, the change “[affects] persons who generate, transport, treat, recycle, or dispose of hazardous waste aerosol cans […], unless those persons are households or very small quantity generators (VSQGs)”. The first effective date of the document that makes the change is February 7, 2020. More information about the change, including any additional effective dates, is available at https://www.federalregister.gov/documents/2019/12/09/2019-25674/increasing-recycling-adding-aerosol-cans-to-the-universal-waste-regulations.

US – New York

Amended document – NYCL Article ENV-35 Detergents and Other Household Cleansing Products
Amending document – AN ACT to amend the environmental conservation law, in relation to prohibiting household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane

First effective date – 2022-01-01
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The effect of the change is notably to 1) prohibit the distribution, selling, offering or exposing of any household cleansing product which contains 1,4-dioxane other than trace concentration (set as a maximum of two parts per million by December 31, 2022, one part per million by December 31, 2023); and 2) allow manufacturer of a household cleansing product to apply for a one-year waiver from the new requirements for a specific product under specific conditions. The first effective date of the document that makes the change is January 1, 2022. More information about the change, including any additional effective dates, is available at https://assembly.state.ny.us/leg/?default_fld=&leg_video=&bn=S04389&term=2019&Text=Y.

Amended document – NYCL Title ENV-37-1 Substances Hazardous to the Environment
Amending document – AN ACT to amend the environmental conservation law, in relation to prohibiting household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane

First effective date – 2022-01-01
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The effect of the change is notably to 1) prohibit the selling or offering for sale of any cosmetic product which contains 1,4-dioxane other than trace concentration (set as a maximum of ten parts per million by December 31, 2022); 2) prohibit the selling or offering for sale of any personal care product which contains 1,4-dioxane other than trace concentration upon authorization (set as a maximum of two parts per million by December 31, 2022, one parts per million by December 31, 2023); and 3) allow manufacturer of a cosmetic or personal care product to apply for a one-year waiver from the new requirements for a specific product under certain conditions. The first effective date of the document that makes the change is January 1, 2022. More information about the change, including any additional effective dates, is available at https://assembly.state.ny.us/leg/?default_fld=&leg_video=&bn=S04389&term=2019&Text=Y and http://docs.legis.wisconsin.gov/2019/related/acts/68.

Amended document – NYCL Title ENV-71-37 Enforcement of Article 37
Amending document – AN ACT to amend the environmental conservation law, in relation to prohibiting household cleansing products, cosmetic products and personal care products that contain 1,4-dioxane

First effective date – 2022-01-01
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The effect of the change is notably to add fines for violating the requirements related to selling or offering products containing 1,4-dioxane, as a maximum of 1000$ per day for the first violation and a maximum of 2500$ per day for the second violation. The first effective date of the document that makes the change is January 1, 2022. More information about the change, including any additional effective dates, is available at https://assembly.state.ny.us/leg/?default_fld=&leg_video=&bn=S04389&term=2019&Text=Y.

Switzerland

Amended document – Ordinance on the reduction of CO2 emissions (CO2 Ordinance)
Amending document – Ordinance on the reduction of CO2 emissions (Ordinance on CO2) Amendment of November 13, 2019

First effective date – 2020-01-01
Industry – general, building management and maintenance

A change to this document has been announced. The effect of the changes is notably to modify the rules to participate in the Emission Trading Scheme (ETS). It also modifies the conditions to issue certificates of CO2 emission reductions for certain domestic projects and programs, and for companies having certain target agreements (regarding energy consumption or greenhouse gas emissions) with the Confederation. 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 at https://www.admin.ch/opc/fr/official-compilation/2019/4335.pdf.

Argentina

New principal document – Decree 770/2019 DECTO-2019-770-APN-PTE Approves the regime of maritime, river and lake navigation

Industry – oil and gas, water transportation, hardware manufacturing

This legislation sets out various registration and authorization procedures to be followed by owners or operators of ships in front of the Argentina Naval Prefecture and other competent authorities. It also contains occupational health requirements such as: complying with certain work safety standards for fire and flood safety and construction or modification works on ships; providing lifesaver equipment. The legislation also contains environmental requirements to prevent water pollution such as: prohibiting any discharge of harmful liquid substances, ballast water, or other waste; and mandatory design and equipment for new chemical and oil tankers. It also requires shipowners, companies that operate offshore hydrocarbons activities, underwater and coastal oil pipelines, and port handling facilities to carry out emergency plans in cases of contamination by hydrocarbons and other harmful and potentially dangerous substances.

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