Top global EHS regulatory changes – August 2022

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By: Sydney Sybydlo

Here are a few noteworthy global EHS regulatory changes in August 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 – Newfoundland & Labrador

New Principal Document – Open Seasons Hunting and Trapping Order, 2022-2023

First Effective Date: 19 August 2022
Industry Sector: Fishing, Hunting, and Trapping Industry

This document establishes the open seasons for hunting fur-bearing animals, big game, small game, or coyotes and the requirements thereto, including a valid license for the respective species and management areas.

It replaces the Open Seasons Hunting and Trapping Order, 2021-2022.

Canada – Quebec

Amended Document – Regulation respecting activities in wetlands, bodies of water and sensitive areas
Amending Document – Regulation to amend the Regulation respecting activities in wetlands, bodies of water and sensitive areas

First Effective Date: 13 February 2023
Industry Sector: General Industry

The amended document notably:

  • restricts its applicability concerning activities that are regulated by other documents;
  • revises the definition of “high-velocity flood zone” to include ice jam flood zones without ice movement;
  • permits work that requires the removal and trimming of vegetation that impermeabilizes the ground, in the case of the construction of a temporary road;
  • establishes rules for works on a pipe in a sewer system, storm water management system, ditch, or outflow within a lakeshore or riverbank;
  • provides that dewatering or narrowing works on a watercourse by not last more than 30 consecutive days, and establish conditions for works lasting up to 10 days and more than 10 days; and
  • prohibits the operation of motor vehicles and races on alvars (“open natural environment[s] either flat or slightly inclined, sometimes covered by a thin layer of soil, characterized by limestone or dolomite outcrops, as well as sparse vegetation composed mainly of shrubs, herbaceous plants and moss capable of withstanding extreme humidity and drought”), with certain circulation-based exceptions.

Amended Document – Regulation respecting a cap-and-trade system for greenhouse gas emission allowances
Amending Document – Regulation to amend the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances

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

The amended document governs the allocation without charge of greenhouse gas emission units for the period 2024-2030, including gradual reductions in the allocation of units. Changes include:

  • the establishment of rules governing the auctioning of units allocated without charge;
  • updates to the list of information to be provided when an emitter registers or updates their information;
  • simplified processes for closing and reopening emitter accounts; and
  • new permission for emitters who are no longer required to cover their emissions, under certain conditions, to cover their emissions for five years.

Additional information is available here (French only).

United States – Federal

Amended Document – 26 USC 1 Normal Taxes And Surtaxes
Amending Document – An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14.

First Effective Date: 31 December 2021
Industry Sector: General Industry, Building Management & Maintenance, Office Spaces

Changes to the amended document broadly affect various tax rates. Notable changes include the establishment of tax credits for certain zero-emission nuclear power production, the sale and mixture of sustainable aviation fuel, clean hydrogen production, clean electricity production, investments in zero-emission electricity generation facilities and energy storage technology, clean domestic fuel production, and domestic production of certain solar and wind components. According to the government, they also:

  • “[modify] requirements for the tax deduction for energy efficient commercial buildings”;
  • “[create] a new credit for commercial clean vehicles and modifies the refundable tax credit for the purchase of plug-in electric vehicles and previously-owned electric vehicles”  and
  • “[reinstate] the Hazardous Substance Superfund financing rate for certain excise taxes, including the excise tax on domestic crude oil and imported petroleum products.”

Amended Document – 42 USC 85 Air Pollution and Prevention
Amending Document – An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14.

First Effective Date: 31 December 2021
Industry Sector: General Industry, Building Management & Maintenance

Changes to the amended document broadly affect various tax rates, credits, and financial incentives. Notable changes include the establishment and support of “programs that provide financial incentives to reduce greenhouse gas emissions and other air pollution emissions.” Activities that will be incentivized include replacing medium- and heavy-duty vehicles with zero-emission vehicles, the use of equipment to reduce pollution at ports, reduction of emissions from diesel engines, monitoring of air pollution and greenhouse gases, and reduction in methane emissions from petroleum and natural gas systems.

Amended Document – 49 CFR 192 Subpart A General
Amending Document – Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments

First Effective Date: 24 May 2023
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

Changes to this document are part of a suite of amendments that, according to the government, “clarify certain integrity management provisions, codify a management of change process, update and bolster gas transmission pipeline corrosion control requirements, require operators to inspect pipelines following extreme weather events, strengthen integrity management assessment requirements, adjust the repair criteria for high-consequence areas, create new repair criteria for non-high consequence areas, and revise or create specific definitions related to the above amendments”. Specific changes to this document:

  • revise the definition of “transmission line” to include a connected series of pipelines and add the condition that it be voluntarily designated by the operator as a transmission pipeline;
  • incorporate by reference two NACE (National Association of Corrosion Engineers) standards concerning stress corrosion cracking direct assessment and internal corrosion direct assessment;
  • exempt offshore and Types A, B, and C gas gathering lines from certain gathering line requirements; and
  • require operators to have a management of change (MOC) process “that must include the reason for change, authority for approving changes, analysis of implications, acquisition of required work permits, documentation, communication of change to affected parties, time limitations, and qualification of staff.”

Amended Document – 49 CFR 192 Subpart I Requirements for Corrosion Control
Amending Document – Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments

First Effective Date: 24 May 2023
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

Changes to this document are also (like the above entry), part of the suite of amendments that concern pipeline safety. Specific changes to this document:

  • “require that onshore gas transmission operators perform an above-ground indirect assessment to identify locations of suspected damage promptly after backfill is completed or anytime there is an indication that the coating might be compromised”;
  • require “operators [to] create a remedial action plan” and establish timing requirements for repairs;
  • establish timeframes within which operators of onshore transmission pipelines must complete remedial actions;
  • “require onshore gas transmission operators to conduct annual test station readings to determine if [cathodic protection (CP)] is below the [required] level of protection”;
  • “require that onshore gas transmission operator corrosion control programs include interference surveys to detect the presence of interference currents when potential monitoring indicates a significant increase in stray current, or when new potential stray current sources are introduced”;
  • “require onshore gas transmission operators monitor for known deleterious gas stream constituents and evaluate gas monitoring data once every calendar year” and require that they review their internal corrosion monitoring and mitigation program annually; and
  • update the calculation method for determining the strength of a pipe following remedial actions concerning corrosion.

Amended Document – 49 CFR 192 Subpart O Gas Transmission Pipeline Integrity Management
Amending Document – Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments

First Effective Date: 24 May 2023
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

Changes to this document are also (like the above entries), part of the suite of amendments that concern pipeline safety. Specific changes to this document:

  • specify “that operators must [1] perform risk assessments that are adequate for evaluating the effects of interacting threats; [2] determine additional [preventive and mitigative (P&M)] measures needed; [3] analyze how a potential failure could affect [high consequence areas], including the consequences of the entire worst-case incident scenario from initial failure to incident termination; [4] identify the contribution to risk of each risk factor, or each unique combination of risk factors that interact or simultaneously contribute to risk at a common location; [5] account for, and compensate for, uncertainties in the model and the data used in the risk assessment; and [6] evaluate risk reduction associated with candidate risk reduction activities, such as P&M measures”;
  • “require operators to validate their risk models considering incident, leak, and failure history and other historical information”;
  • incorporate by reference National Association of Corrosion Engineers standards concerning corrosion and cracking assessments in pipelines;
  • require “operators [to] perform two direct examinations within each covered segment the first time [internal Corrosion Direct Assessment] is performed”;
  • designate certain types of defects as immediate and 1-year conditions, with corresponding remediation timeframes; and
  • establish “requirements for the in situ evaluation of cracks and crack-like defects using in-the-ditch tools whenever an operator discovers conditions that need to be repaired.”

United States – California

Amended Document – CCR Chapter 17-3-1 Air Resources Board
Amending Document – Consumer Products Amendments

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

The amended document, according to the government, establishes or lowers volatile organic compound (VOC)] standards for the following categories of consumer products: (1) “Manual Aerosol Air Freshener,” (2) “four categories of hair care products”, (3) “Personal Fragrance Product,” and (4) “aerosol ‘Crawling Bug Insecticide'”. It also “[prohibits] the use of several chlorinated toxic air contaminants (TAC) and the use of compounds with a global warming potential (GWP) over 50,” and phases out an existing exemption for fragrance ingredients for most consumer product categories.

Amended Document – CCR Chapter 13-3-9 Off-Road Vehicles and Engines Pollution Control Devices
Amending Document – Transport Refrigeration Units Airborne Toxic Control Measures Amendments

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

The amended document, according to the government “(1) [transitions] diesel-powered truck Transport Refrigeration Units (TRUs) to Zero Emission (ZE); (2) [requires] newly-manufactured TRUs to meet a particulate matter (PM) emission standard, regardless of horsepower, and to use a lower global warming potential (GWP) refrigerant; (3) [requires] TRU owners to report all TRUs operating in California to the California Air Resources Board (CARB), regardless of where they are based; (4) [requires] TRU owners to pay TRU operating fees and affix a CARB-issued compliance label to both sides of the TRU housing every three years; (5) [requires] facility owners to register their facility with CARB and pay a registration fee every three years; and (6) [requires] vehicle owners of TRU-equipped trucks or tractor-trailers equipped with a TRU to ensure the TRU is compliant and drivers to allow CARB to visually inspect TRUs.”

United States – Ohio

New Principal Document – OAC Chapter 3745-9 Water Well Standards
Amending Document – OAC Chapter 3745-9 Water Well Standards 2022-09-01 Amendments

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

The amended document notably:

  • updates certain incorporated references and modifies details on referenced materials within the rules;
  • clarifies when a variance from the requirements of the rules can be requested;
  • requires the well cap for public water systems to conform with certain standards;
  • prohibits public water systems and nonpotable wells from being constructed within a pit, vault, or other structure that may subject the well casing to deterioration or contamination;
  • modifies certain well construction and drilling process requirements, such as requiring that the materials or construction method used shall minimize the potential for galvanic corrosion and that well vents shall be maintained in a sanitary condition to prevent the entrance of surface water, dirt, animals, insects, or other foreign matter;
  • adds requirements on how flowing wells shall be completed, controlled, and monitored;
  • clarifies how and when concrete shall be used for certain grouting applications during the sealing of wells;
  • requires that a public water system well be disinfected after completion of any activity or event that might lead to the contamination of the water; and
  • establishes applicability, need and criteria for re-evaluating pump capacities.

European Union

New Principal Document – Commission Implementing Regulation (EU) 2022/1362 of 1 August 2022 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the performance of heavy-duty trailers with regard to their influence on the CO2 emissions, fuel consumption, energy consumption and zero emission driving range of motor vehicles and amending Implementing Regulation (EU) 2020/683 (Text with EEA relevance)

First Effective Date: 25 August 2022
Industry Sector: Road Transportation Industry, Hardware Manufacturing Industry

This document applies to specific categories of vehicles and vehicle manufacturers. In particular, it sets out (1) provisions on vehicle groups, (2) requirements for applications to use simulation tools to assess the impact of new vehicle performance on CO2 emissions and fuel consumption, and (3) rules for the operation of simulation tools, such as the obligation of vehicle manufacturers to assess the impact of new vehicle performance on CO2 emissions and fuel consumption, as well as (4) the rules relating to the CO2 emissions and fuel consumption-related characteristics of aerodynamic devices and tires.

Australia – New South Wales

New Principal Document – Game and Feral Animal Control Regulation 2022

First Effective Date: 26 August 2022
Industry Sector: Fishing, Hunting, and Trapping Industry

This document notably prescribes the types of game hunting licenses, the acquisition of game hunting licenses, and the issuance of such licenses, as well as the related penalty notice offences and their penalties.

It replaces the Game and Feral Animal Control Regulation 2012 No 428. The new document notably removes the age limit and allowsinclud a game hunting licence to be issued to individuals under 12 years of age (excluding firearms use), reduces the maximum term of a native game bird management licence to one year, and revises certain penalties.

New Principal Document – Protection of the Environment Operations (General) Regulation 2022

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

This document provides for protective measures related to environmental operations, including provisions related to environmental protection licenses, fees associated with environmental protection licenses, pollution incident response management plans, vehicle testing and inspection, environmental or air quality monitoring programs, and energy recovery for thermal treatment of waste.

It replaces the Protection of the Environment Operations (General) Regulation 2021. According to the Government of New South Wales, the new document is focused on ensuring the efficient and effective implementation of the Protection of the Environment Operations Act 1997 (POEO Act) and clarifying and simplifying the replaced document, including:

  • introducing a new licence application fee;
  • amending certain definitions in relation to some scheduled activities in Schedule 1 of the POEO Act;
  • modifying some fees, such as vehicle test, inspection, and environmental notice fees; and
  • changing certain penalty notice provisions.

New Principal Document – Forestry Regulation 2022

First Effective Date: 1 September 2022
Industry Sector: Forestry & Logging Industry

This document, according to the Government of New South Wales, “provides for the following— (a) the control and management of forestry areas … (b) the regulation of fires in forestry areas, including activities that create a risk of fire in forestry areas, (c) the issue and transfer of licences and forest permits, the grant of forest leases and the imposition of conditions on licences, forest permits and forest leases, (d) the approval of timber contractors, (e) the branding of timber cut or obtained from forestry areas, (f) the requirements for bee-keeping and grazing activities in certain forestry areas, (g) miscellaneous offences, including in relation to activities in forestry areas and persons dealing in timber or forest products, (h) the offences under the Forestry Act 2012 and this Regulation for which penalty notices may be issued, including the amounts payable.”

New Principal Document – Gas Supply (Safety and Network Management) Regulation 2022

First Effective Date: 1 September 2022
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

This document applies to natural gas networks and network operators. Notably, it sets out provisions related to the safety of natural gas networks, including the analysis of hazardous events, safety and operational plans, and the emergency procedures to be implemented.

New Principal Document – Work Health and Safety (Mines and Petroleum Sites) Regulation 2022

First Effective Date: 1 September 2022
Industry Sector: Oil & Gas Industry, Mining & Minerals Industry

This document applies to operators of mines and petroleum sites. According to the Government of New South Wales, it “makes provision about the health and safety of workers at mines and petroleum sites”, including the development of certain risk management programs, such as safety management systems, principal mining hazard management plans and principal control plans, worker health monitoring rules, and reporting and documentation obligations for mine and petroleum site operators.

It replaces the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014.

Brazil

New Principal Document – Provisional Measure Nº 1.133, of August 12, 2022 Deals with Indústrias Nucleares do Brasil SA and on research, mining and marketing of nuclear ores, their concentrates and derivatives, and nuclear materials

First Effective Date: 12 August 2022
Industry Sector: Utilities & Communications Industry, Mining & Minerals Industry

This document, according to its content, applies to activities related to the research and exploitation of nuclear ores, their concentrates and derivatives, and nuclear materials, as well as to the “Indústrias Nucleares do Brasil”, a public company that operates mainly in the field of uranium production. Notably, it establishes rules regarding nuclear safety, the protection of the environment and population, and the promotion of economic and social development.

The Executive Summary of this document is available here (Portuguese only).

Amended Document – NR-6 – Personal Protective Equipment
Amending Document – MTP Ordinance Nº 2,175, of July 28, 2022 Approves the new wording of Regulatory Norm nº 06 – Personal Protective Equipment – PPE. (Case No. 19966.101223/2021-46)

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

The amended document details the applicability of these rules to organizations purchasing personal protective equipment (PPE), workers using such equipment, and PPE manufacturers and importers, specifies provisions related to training and information about safety and health at work, approval certificates, and competency bodies, and revises the list of personal protective equipment, such as escape respirators.

Additional information is available here and here (Portuguese only).

Brazil – Brasilia

New Principal Document – Decree 43,610, of August 1, 2022 – Regulates Law No. 6,322, of July 10, 2019 , which provides for the prohibition of the distribution or sale of plastic bags and regulates the distribution and sale of biodegradable or biocompostable bags to consumers, in all commercial establishments in the Federal District, and gives other measures.

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

This legislation establishes a ban on the sale and distribution of plastic bags and guides the use, distribution, and sale of reusable bags, biodegradable or bioaccumulative bags.

According to the Jornal de Brasilia, the regulation seeks to protect the environment, which is a public asset and brings quality of life to the population of the Federal District (Portuguese only).

France

New Principal Document – Transport Code Articles D1115-18 to D1115-23: Provisions relating to digital travel assistance services

First Effective Date: 6 August 2022
Industry Sector: General Industry, Other Industry

As the title indicates, this document applies to digital travel assistance services. According to the government of France, it “[sets] out information that must be brought to the attention of users of these services, [notably] concerning low emission zones, environmental impacts and heavy goods vehicle traffic restrictions. [It] also defines progressive obligations to alert users to alternatives to using individual passenger vehicles. Finally, it provides a framework for a hierarchy of data provision, which digital services are required to consider in their calculations, in order to offer their users routes that are consistent with local road traffic organization policies.”

Additional information is available here and here (French only).

New Principal Document – Order of July 25, 2022 setting the conditions for certification of companies carrying out removal or encapsulation of asbestos, materials, equipment or articles containing asbestos and the conditions for accreditation of certification bodies

First Effective Date: 15 August 2022
Industry Sector: General Industry, Building Management & Maintenance

As the title indicates, this document applies to companies carrying out asbestos removal work and the certification bodies of those companies. According to the government of France, it “[changes] the certification system for companies carrying out work to remove or encapsulate asbestos, materials, equipment or articles … [and] rules relating to adversarial [certification-related] proceedings and the rights of the defence… [it also sets out] a regulatory framework applicable in the event of suspension or withdrawal of the accreditation of certifying bodies of companies carrying out work to remove and encapsulate asbestos, materials, equipment or articles containing it.”

Additional information is available here (French only).

New Principal Document – Decree no. 2022-1163 of August 18, 2022 on the core set of services to be implemented by occupational health services in agriculture

First Effective Date: 21 August 2022
Industry Sector: Agriculture Industry

This document applies to occupational health services in the agricultural sector. It includes, according to the government of France, rules regarding “the basic set of services that occupational health services in agriculture must offer to their companies and workers”.

Germany

Amended Document – Water Resources Act
Amending Document – Act on immediate measures for an accelerated expansion of renewable energies and other measures in the electricity sector (EEGAusbGuEnFG kaAbk. )

First Effective Date: 29 July 2022
Industry Sector: General Industry, Building Management & Maintenance

The amended document specifies the circumstances under which solar systems cannot be set up and operated, with respect to their proximity to surface waters.

Amended Document – Federal Nature Conservation Act
Amending Document – Fourth law amending the Federal Nature Conservation Act (4. BNatSchGÄndG kaAbk. )

First Effective Date: 29 July 2022
Industry Sector: General Industry

The amended document updates provisions for the protection of species and nature for the accelerated expansion of onshore wind turbines.

It includes, among other things, (1) the operation of onshore wind turbines in relation to species conservation assessments, (2) the streamlining of onshore wind turbine repowering in relation to species conservation, (3) the establishment of a National Species Assistance program, and (4) considerations regarding landscape protection areas for wind turbine construction and operation.

India

Amended Document – Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
Amending Document – Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022

First Effective Date: 21 July 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document notably creates provisions on the utilization and management of waste tyres applicable for certain businesses involving tyres and waste tyres.

Luxembourg

New Principal Document – Act of 15 July 2022 establishing an aid scheme in the context of the greenhouse gas emission allowance trading system for the period 2021-2030.

First Effective Date: 18 July 2022
Industry Sector: General Industry

The document applies to energy-intensive industrial-sector businesses. It creates a government subsidy available to certain businesses who face increases in electricity costs indirectly due to climate policies and sets conditions for the granting of the subsidy.

According to the European Commission’s Representation in Luxembourg, the provisions would reduce the risk of carbon leakage when companies’ production is relocated to countries with less stringent climate policies (French only).

Poland

Amended Document – Act of 13 September 1996 on maintaining cleanliness and order in communes.
Amending Document – Act of July 7, 2022 amending the Act – Water Law and certain other acts

First Effective Date: 9 August 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document revises the obligations of property owners, municipalities, and entrepreneurs operating in the field of wastewater treatment and transporting the waste, including:

  • extending the definition of “liquid waste” to wastewater collected in the settling tanks of household sewage treatment plants;
  • establishing penalty provisions for non-compliance with reporting obligations;
  • clarifying the obligations of owners who handle liquid wastes; and
  • providing that entrepreneurs who apply only for permits to empty septic tanks or settling ponds in household facilities of wastewater treatment plants and to transport liquid wastes should document their preparation of these wastes for collection by collection stations.

New Principal Document – Act of August 5, 2022 on the transport of hazardous materials by air

First Effective Date: 18 August 2022
Industry Sector: Air Transportation Industry

This document, according to its content, establishes rules for the transport of dangerous goods by air, both domestically and internationally, by civil aircraft, passengers or crew members on board, or by authorities and entities performing related tasks.

A more detailed summary of the document is available here (Polish only).

South Africa

New Principal Document – National Environmental Management Act: Adoption of standard for the development and expansion of power lines and substations within identified geographical areas and exclusion of this infrastructure from requirement to obtain an environmental

First Effective Date: 27 July 2022
Industry Sector: General Industry, Utilities & Communications Industry

This document, as stated in its title, provides for the adoption of the Standard for the Development and Expansion of Power Lines and Substations within Identified Geographical Areas Revision 2 June 2022 and excludes the requirement to obtain environmental authorization for certain activities in order to comply with the standard.

Additional information is available here.

New Principal Document – Occupational Health and Safety Act: National Code of Practice for Electrical Machinery in Hazardous Locations: Regulatory Requirements for Explosion-protected apparatus

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

This document, according to its content, mainly specifies the product conformity requirements for explosion-proof equipment, approved standards, as well as test laboratories, certification programs, and equipment identification.

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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