Top global EHS regulatory changes – July 2022

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By: Sydney Sybydlo

Here are a few noteworthy global EHS regulatory changes in July 2022. We cover EHS legislation and standards for over 100 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 – Clean Fuel Regulations

First Effective Date: 21 June 2022
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

This document requires gasoline and diesel primary suppliers to reduce the carbon intensity (CI) of the gasoline and diesel they produce in and import into Canada over several years. It establishes “a credit market whereby the annual CI reduction requirement could be met via three main categories of credit-creating actions: (1) actions that reduce the CI of the fossil fuel throughout its lifecycle, (2) supplying low-carbon fuels, and (3) supplying fuel and energy in advanced vehicle technologies.”

It replaces the Renewable Fuels Regulations and retains the existing “minimum volumetric requirements (at least 5% low CI fuel content in gasoline and 2% low CI fuel content in diesel fuel and light fuel oil)” from the replaced document.

Amended Document – Migratory Birds Regulations, 2022
Amending Document – Regulations Amending the Migratory Birds Regulations, 2022

First Effective Date: 1 August 2022
Industry Sector: General Industry

The amended document, according to the government:

  • removes the requirement that all permits, including the Migratory Game Bird Hunting Permit, be signed for them to be valid;
  • “adjust[s] hunting season length, opening and closing season dates, daily bag limits and possession limits for hunting seasons 2022-23 and 2023-24” in certain hunting zones (within Prince Edward Island, Nova Scotia, New Brunswick, Manitoba, Saskatchewan, and Alberta) for geese, Canada Geese, and the White-fronted goose;
  • clarifies “hunting zone descriptions for the provinces of Newfoundland and Labrador, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta and British Columbia”;
  • increases the daily bag limit for Canada Geese and Cackling Geese in Wildlife Management Unit 95 in the Southern Hunting District in Ontario; and
  • clarifies the dates of Saskatchewan’s open hunting season for migratory birds.

Canada – Alberta

New Principal Document – Geothermal Resource Development Rules

First Effective Date: 30 June 2022
Industry Sector: Mining & Minerals Industry, Utilities & Communications Industry

This document establishes rules for geothermal resource development activities. It contains requirements concerning applications and licenses for wells, drilling and servicing operations, signage, emergency preparedness, storage, spill and release prevention, air emissions management, waste management, blowout prevention, fire hazards, and fencing. It also establishes sampling, measurement, and submission requirements for well data, recordkeeping requirements, and rules concerning suspension, abandonment, and closure of wells.

Canada – British Columbia

Amended Document – Gas Safety Regulation
Amending Document – Gas Safety Regulation 2022-06-28 Amendments

First Effective Date: 1 October 2022
Industry Sector: General Industry, Building Management & Maintenance Industry

The amended document notably:

  • revises the definition of “natural gas” to include mixtures into which hydrogen has been injected;
  • requires that, to perform an installation or alteration of a gas fitting, the class B gas fitter’s certificate of qualification (1) is marked with the designation “(GP)” and (2) entitles the person to perform such work;
  • incorporates by reference updated versions of Canadian Standards Association (CSA) standards concerning gas and propane installation, storage, and handling;
  • adds new requirements for installers (of natural gas and propane installations) concerning the alteration and/or disconnection of gas piping systems;
  • revises requirements for gas appliances installed in bedrooms and bathrooms; and
  • provides that it does not apply to internal combustion engines, turbines, or prime movers that are approved under the federal Motor Vehicle Safety Act.

United States – Federal

Amended Document – 40 CFR 80 Subpart M Renewable Fuel Standard
Amending Document – Renewable Fuel Standard (RFS) Program: RFS Annual Rules

First Effective Date: 30 August 2022
Industry Sector: General Industry

The amended document “modifies the 2021 and 2022 statutory volume targets for cellulosic biofuel, advanced biofuel, and total renewable fuel, as well as establishes the 2022 volume target for biomass-based diesel. [It] also modifies the previously established cellulosic biofuel, advanced biofuel, and total renewable fuel requirements for 2020. In addition, [it] establishes the 2020, 2021, and 2022 renewable fuel percentage standards for all four of the [aforementioned] biofuel categories”. It also updates “regulations for the use of biointermediates to produce qualifying renewable fuel, flexibilities for regulated parties, and clarifications of existing regulations”.

Amended Document – 40 CFR 721 Subpart B Certain Significant New Uses
Amending Document – Significant New Uses of Chemical Substances; Updates to the Hazard Communication Program and Regulatory Framework; Minor Amendments to Reporting Requirements for Premanufacture Notices

First Effective Date: 6 September 2022
Industry Sector: Chemical Industry

Changes to this amended document are part of a suite of amendments that remove references to the import of chemical substances and clarify that “manufacture” includes import. The amended document also:

  • adds 34 types of respirators (the list is available beginning here) to the list of devices certified for use by persons who are reasonably likely to be exposed to chemical substances by inhalation in the work area;
  • expands the list of airborne forms of a substance for which occupational health protections apply;
  • requires the implementation of engineering or administrative control measures where people are reasonably likely to have dermal or eye exposure to a chemical substance in the work area and requires the use of personal protective equipment (PPE) where other control measures are not feasible;
  • requires the implementation of engineering or administrative control measures where people are reasonably likely to be exposed to a chemical substance by inhalation and requires the use of certified respirators where other control measures are not feasible;
  • adds rules that apply to Significant New Use Rules (SNURs) issued on or after July 5, 2022;
  • replaces references to “material safety data sheets” (MSDSs) with “safety data sheets” (SDSs); and
  • updates requirements of the hazard communication program and allows persons subject to a previously-issued SNUR to use the new requirements.

United States – California

New Principal Document – PRC Chapter 30-3-3 Plastic Pollution Prevention and Packaging Producer Responsibility Act

First Effective Date: 1 January 2023
Industry Sector: Chemical Industry, Printing and Pulp & Paper Industry, Food Industry

This document “imposes minimum content requirements for single-use packaging and food service ware and source reduction requirements for plastic single-use packaging and food service ware, to be achieved through an extended producer responsibility (EPR) program.” It notably requires:

  • “producers of covered materials to form and join the producer responsibility organization (PRO), subject to specified requirements and CalRecycle approval, to carry out the requirements of the Act” and prohibits them “from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the PRO”;
  • “all covered material offered for sale, distributed, or imported into the state […] to be recyclable in the state or eligible to be labeled ‘compostable'”;
  • “all plastic covered material offered for sale, distributed, or imported into the state to meet [certain] recycling rates;
  • “producers of expanded polystyrene (EPS) food service ware [to not sell, offer for sale, distribute, or import] EPS food service ware in or into the state unless the producer demonstrates that EPS meets [a certain] recycling rates.”

It also establishes the requirements for PROs, including those concerning planning, reporting, and applicable fees.

United States – Washington

New Principal Document – WAC Chapter 173-446A Criteria for emissions-intensive, trade-exposed industries, to implement portions of the Washington Climate Commitment Act (CCA) (E2SSB 5126) or Greenhouse gas emissions—Cap and invest program

First Effective Date: 2 July 2022
Industry Sector: General Industry

This document establishes criteria for both emissions’ intensity and trade exposure to identify emissions-intensive and trade-exposed facilities. It applies to certain manufacturing facilities and establishes processes for determining a facility’s classifications.

New Principal Document – WAC Chapter 16-171 Hemp Extract Certification

First Effective Date: 8 July 2022
Industry Sector: General Industry, Other Industry

This document contains requirements for hemp certification applications and renewals. It sets out inspection criteria and a rating system to determine applicants’ compliance, including rules concerning adequate protective clothing for employees, handwashing methods, lighting, hazard identification, and sanitary water supply.

European Union

New Principal Document –  Commission Implementing Decision (EU) 2022/716 of 6 May 2022 on the approval of a Smart Diesel Fuel Heater for use in conventional combustion engine and certain hybrid electric passenger cars and light commercial vehicles as an innovative technology pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council (Text with EEA relevance)
Amending Document – to Commission Implementing Decision (EU) 2022/716 of 6 May 2022 on the approval of a Smart Diesel Fuel Heater for use in conventional combustion engine and certain hybrid electric passenger cars and light commercial vehicles as an innovative technology pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council (Official Journal of the European Union L 133 of 10 May 2022)

First Effective Date: 7 July 2022
Industry Sector: Road Transportation Industry, Hardware Manufacturing Industry

The amended document substitutes “eco-innovation code 37” with “eco-innovation code 38” in terms of the innovative technology approved by the Decision and revises formulas relating to the calculation of the CO2 savings and the calculation of the uncertainty of the CO2 savings.

Additional information is available here.

New Principal Document – Commission Decision (EU) 2022/1244 of 13 July 2022 establishing the EU Ecolabel criteria for growing media and soil improvers (notified under document C(2022) 4758) (Text with EEA relevance)

First Effective Date: 19 July 2022
Industry Sector: Agriculture Industry, General Industry

This document sets out the rules for establishing the EU Ecolabel criteria for growing media and soil improvers. Notably, it covers the definition of “growing medium”, “soil improver”, and “mulch”, the requirements that need to be met for products to receive the EU Ecolabel for growing media and soil improvers, and the application requirements for the aforementioned EU Ecolabels.

Amended Document – Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (Text with EEA relevance)
Amending Document – Commission Delegated Regulation (EU) 2022/1214 of 9 March 2022 amending Delegated Regulation (EU) 2021/2139 as regards economic activities in certain energy sectors and Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities (Text with EEA relevance)

First Effective Date: 4 August 2022
Industry Sector: General Industry

The amended document provides technical screening criteria for economic activities in the fossil gas and nuclear energy sectors.

Additional information is available here.

Australia – New South Wales

Amended Document – Protection of the Environment Operations (General) Regulation 2021
Amending Document – Protection of the Environment Operations (General) Amendment (Thermal Energy from Waste) Regulation 2022

First Effective Date: 8 July 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document notably imposes “a prohibition on— (i) the thermal treatment of waste that involves or results in energy recovery, and (ii) work carried out to enable the activity to be carried out. It also provides for exceptions to the prohibition, including if the activity or work is carried out at certain precincts or premises, the activity is an established and operating activity at the premises immediately before the prohibition comes into force, or the activity is carried out to replace a less environmentally sound fuel in certain circumstances.

Additional information is available here.

Australia – Victoria

Amended Document – Occupational Health and Safety Regulations 2017
Amending Document – Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022

First Effective Date: 12 July 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document “provide[s] for the circumstances where an employer may collect, record, hold and use COVID-19 vaccination information from specified persons for the purpose of performing a duty relating to health and safety at a workplace.”

Additional information is available here.

Brazil

Amended Document – NR-13 – Boilers, Pressure Vessels, Pipes and Metallic Storage Tanks
Amending Document – Ordinance Nº 1,846, of July 1, 2022 Approves the new wording of Regulatory Norm Nº 13 – Boilers, Pressure Vessels, Pipes and Metallic Storage Tanks. (Case No. 19966.101224/2021-91)

First Effective Date: 1 November 2022
Industry Sector: General Industry, Building Management & Maintenance

The amended document notably contains amendments focused on modernizing and revising the language and structure of the document, including:

  • the specification of documentation requirements;
  • the clarification of the equipment to which the regulatory standards must apply, the responsibilities of the employer and the obligations of the equipment owner;
  • the clarification of situations that pose serious and imminent risks;
  • a clearer classification of boilers into two categories, Category A and Category B;
  • the removal of the glossary to the end of the document following the annexes; and
  • the applicability of certain provisions involving metallic storage tanks.

Amended Document – NR-33 – Health and Safety at Work in Confined Space
Amending Document – Ordinance/MTP Nº 1,690, of June 15, 2022 Approves the new wording of Regulatory Standard Nº 33 – Safety and Health at Work in Confined Spaces (NR-33)

First Effective Date: 3 October 2022
Industry Sector: General Industry, Building Management & Maintenance

The amended document’s language and structure are updated to establish conditions that guarantee the safety of workers who interact directly or indirectly with confined spaces by detailing (1) the obligations of the company responsible for confined space work and the technicians responsible, (2) provisions related to the health of workers, risk management, protective measures, and required training, and (3) the new text also includes annexes related to the Entry and Work Permit (PET) model and working hours, periodicity and syllabus of trainings.

Additional information is available here.

Denmark

New Principal Document – Order on subsidies for the drilling of unused wells and boreholes and for protective measures to secure drinking water

First Effective Date: 1 July 2022
Industry Sector: General Industry, Utilities & Communications Industry

This legislation provides for a subsidy pool to drain unused wells and boreholes, including those not properly drilled, and to cover part of the cost of conservation measures to prevent contamination of areas to ensure drinking water or future drinking water from groundwater. This document applies to municipal councils, general water suppliers, or water supply cooperatives.

New Principal Document – Decree on limit values ​​for substances and materials (chemical agents) in the working environment

First Effective Date: 1 July 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document, according to the Government of Denmark, “covers all work with substances and materials, including production, use and handling, as well as any risk of workplace exposure to substances and materials.” It notably establishes the air pollution limit values and biological limit values for workplace exposure.

It replaces the Executive Order on limit values ​​for substances and materials. The new document focuses on changes to the language and structure of the regulations, including revisions to air pollution and biological limit values for workplace exposures.

New Principal Document – Executive order on ionizing radiation and the working environment in Greenland

First Effective Date: 1 January 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document applies to employers and employees who work with ionizing radiation. Notably, it sets forth provisions related to limit values, workplace assessments, health inspections, dose monitoring, and related penalties.

Luxembourg

Amended Document – Law of 21 March 2017 on packaging and packaging waste
Amending Document – Law of June 9, 2022 amending the law of March 21, 2017 on packaging and packaging waste

First Effective Date: 13 June 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document notably:

  • revises the objective of the legislation to address the goal of facilitating the transition to a circular economy;
  • provides that certain disposable products cannot be provided free of charge at the point of sale of goods or products;
  • introduces new minimum recycling targets for packaging managers, concerning packaging waste and certain specific materials contained in packaging waste, as well as the calculation rules applicable to the assessment of the achievement of the above targets;
  • modifies requirements related to take-back, collection, and recovery systems; and
  • clarifies the obligations of packaging managers and approval bodies, such as the obligation of packaging managers who place lightweight plastic bags on the market to declare the annual quantity of these bags to the approval body to which they belong.

Poland

New Principal Document – Regulation of the Minister of Climate and Environment of 4 July 2022 on the methodology of calculating greenhouse gas emissions, determining their emission factors and the calorific value for individual fuels and the energy value of electricity

First Effective Date: 30 July 2022
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

This document, as stated in its title, lays down provisions in relation to the methodology of calculating greenhouse gas emissions, the determination of their emission factors and the calorific value of individual fuels, and the energy value of electricity.

Additional information, including certain important values, can be found here (Polish only).

South Africa

Amended Document – National Environmental Management Act, No. 107 of 1998
Amending Document – National Environmental Management Laws Amendment Act, 2022

Published Date: 24 June 2022 (comes into force by proclamation of the President)
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document will notably provide clarification on environmental issues in mining areas, including:

  • revising, correcting, and adding certain definitions, such as the clarification of the definition of ‘‘environmental mineral resources inspector’’;
  • modifying fees, such as the amount payable for certain administrative fines;
  • prescribing a new environmental management principle;
  • clarifying the environmental management instrument; and
  • specifying the obligation of an applicant or holder of an environmental authorization, holder and holder of an old order right relating to mining activities.

Additional information is available here.

New Principal Document – Labour Relations Ac: Code of practice: Managing exposure to SARS-Cov-2 in the Workplace, 2022

First Effective Date: 24 June 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document sets out the management measures for employers and employees exposed to SARS-Cov-2 in the workplace. Notably, it covers rules for risk assessment, development and implementation of relevant plans, management of worker absences, vaccination, symptom reporting and isolation, ventilation requirements, and personal protective equipment.

It replaces the Disaster Management Act: Code of Practice: Managing exposure to SARS-COV-2 in the workplace.

Amended Document – National Environmental Management Act, No. 107 of 1998
Amending Document – National Environmental Management Laws Amendment Act, 2022

Published Date: 24 June 2022 (comes into force by proclamation of the President)
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document notably provides clarification on environmental issues in mining areas, including:

  • revising, correcting, and adding certain definitions, such as the clarification of the definition of ‘‘environmental mineral resources inspector’’;
  • modifying fees, such as the amount payable for certain administrative fines;
  • prescribing a new environmental management principle;
  • clarifying the environmental management instrument; and
  • specifying the obligation of an applicant or holder of an environmental authorization, holder and holder of an old order right relating to mining activities.

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