Here are a few noteworthy global EHS regulatory changes in September 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
- Canada – British Columbia
- United States – Federal
- United States – California
- United States – New Jersey
- United States – Texas
- United States – Washington
- European Union
- Australia – New South Wales
- Australia – Victoria
- Belgium
- Brazil – Federal
- Brazil – Brasilia
- Denmark
- France
- Indonesia
- Ireland
- Mexico
- China
Canada – Federal
New Edition – CSA Z245.30:22 – Field-applied external coatings for steel pipeline systems
First Effective Date: 16 August 2022
Industry Sector: Oil & Gas Industry
This document, according to the CSA Group, “covers the requirements for external coatings for buried or submerged piping”. It covers the qualification, application, inspection, testing, handling, and storage of materials required for coatings applied externally to steel piping in the field or a shop. Coated piping addressed by this document is intended primarily for buried or submerged service in oil or gas pipeline systems.
The new edition contains a requirement for a digital surface contact thermometer, revises requirements for holiday inspections, revises “test procedures for hardness and peel adhesion,” revises “manufacturer qualification coating test requirements for all [flow control] systems,” revises “applicator qualification and coating quality requirements” for certain system types, and adds a “new Annex A on holiday inspection of existing coating.”
Canada – British Columbia
New Principal Document – Security Management Regulation
First Effective Date: 1 June 2023
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry
This document requires permit holders for oil and gas activities to have a security management program in accordance with CSA Standard Z246.1 Security management for petroleum and natural gas industry systems. The program must be updated and reviewed regularly and must include provisions for information security and cybersecurity, and training plans. It also contains reporting and recordkeeping requirements.
United States – Federal
Amended Document – 40 CFR 80 Subpart M Renewable Fuel Standard
Amending Document – Renewable Fuel Standard (RFS) Program: Alternative RIN Retirement Schedule for Small Refineries
First Effective Date: 2 September 2022
Industry Sector: General Industry
The amended document, according to the Environmental Protection Agency (EPA), provides “an optional alternative renewable identification number (RIN) retirement schedule for small refineries under the Renewable Fuel Standard (RFS) program for the 2020 compliance year. Small refineries that elect to use the alternative RIN retirement schedule will have to fully comply with their 2020 RFS obligations […] by February 1, 2024.”
According to Biomass Magazine, the alternative compliance schedule was introduced “because the [EPA] determined that there are extenuating circumstances specific to the 2020 compliance year, including a limited availability of RINs and the significant delay in EPA issuing its decisions on small refinery exemption (SRE) petitions.”
United States – California
New Principal Document – CCR Chapter 13-3-11 Clean Miles Standard
First Effective Date: 1 October 2022
Industry Sector: Road Transportation Industry
This document establishes annual greenhouse gas emission targets for transportation network companies (“organizations that provide prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle”), over-compliance credits, and optional credits.
Entities to which this document applies include any “organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle” and “transportation providers regulated by the commission that provide prearranged transportation services for compensation using an online-enabled application or platform to connect passengers, including autonomous vehicles, charter-party carriers, and new modes of ridesharing technology that may arise through innovation and subsequent regulation”.
Additional information about the program is available here.
New Principal Document – PRC Chapter 30-3-7.5 Responsible Battery Recycling Act of 2022
First Effective Date: 1 January 2023
Industry Sector: Chemicals Industry, Hardware Manufacturing Industry
This document requires producers of covered batteries to establish a stewardship program for the collection and recycling of covered batteries. It requires program operators “to develop, and to submit to the Department of Resources Recycling and Recovery (department) and the Department of Toxic Substances Control for review and for approval by the department, as specified, a stewardship plan and would prescribe the standards and elements required to be contained in a stewardship plan for covered batteries.” It also contains related auditing, reporting, and recordkeeping requirements.
Amended Document – HSC Chapter 20-6.95 Hazardous Materials Release Response Plans and Inventory
Amending Document – An act to amend Sections 25500, 25501, and 25507 of, and to add Sections 25507.5 and 25508.3 to, the Health and Safety Code, relating to hazardous materials.
First Effective Date: 1 January 2023
Industry Sector: General Industry, Building Management & Maintenance
The amended document, according to the government:
- “requires specified suppliers of hazardous materials to maintain records of sales and provisions of hazardous materials of specified quantities to a business in the state for at least one year” and report to the relevant agency promptly following a request;
- “[narrow] the definition of retail establishment for purposes of hazardous material reporting”;
- clarify that a “consumer product” must be sold to an end user; and
- exempt hazardous materials that meet the criteria of a consumer product from certain requirements concerning the development of emergency response plans for releases or threatened releases of a hazardous substance, under certain conditions.
Amended Document – PRC Chapter 30-3-8.5 Electronic Waste Recycling
Amending Document – An act to amend Sections 25214.10 and 25214.10.1 of the Health and Safety Code, and to amend Sections 41516, 42461, 42463, 42464, 42464.2, 42464.4, 42464.6, 42464.8, 42465, 42465.1, 42465.2, 42465.3, 42474, 42474.5, 42475, 42475.2, 42475.3, 42475.4, 42476, 42476.5, 42477, 42478, 42479, and 42485 of, to amend the heading of Article 3 (commencing with Section 42464) of Chapter 8.5 of Part 3 of Division 30 of, and to add Sections 42464.3, 42466.1, 42466.2, and 42467 to, the Public Resources Code, relating to recycling, and making an appropriation therefor.
First Effective Date: 1 January 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document, according to the government, notably:
- expands the definition of “covered electronic devices” to include a “covered battery-embedded product” (defined as “a new or refurbished product containing a battery that is not intended to be easily removed from the product by the consumer with no more than commonly used household tools”, but does not include a medical device, covered electronic device, energy storage system, or electronic nicotine delivery system);
- establishes covered electronic waste recycling fees, to be paid by the consumer upon purchase of new or refurbished covered battery-embedded products after a certain date;
- requires retailers of covered electronic devices to collect and remit the fees to the government;
- prohibits, “on and after January 1, 2026, a person from selling or offering for sale in California a new or refurbished covered battery-embedded product unless the product is labelled with the name of the manufacturer or the manufacturer’s brand label”;
- requires manufacturers of covered battery-embedded products to report annually on the number of covered devices sold that year, “the chemistry of the battery contained within the covered electronic devices sold by the manufacturer; a baseline showing the total estimated amount of recycled materials contained in covered electronic devices sold in that year; and, a list of retailers to which the manufacturer provided a notice”;
- requires manufacturers of covered devices to maintain certain records for at least three years; and
- requires manufacturers of covered devices “to make information available to consumers that describes where and how to return, recycle, and dispose of covered battery-embedded products.”
Amended Document – CCR Chapter 13-3-9 Off-Road Vehicles and Engines Pollution Control Devices
Amending Document – Small Off–Road Engine Regulations
First Effective Date: 1 January 2023
Industry Sector: General Industry
The amended document, according to the government, “[accelerates] the transition of [Small Off-Road Engine (SORE)] equipment to zero-emission equipment (ZEE)” in two phases. “In the first phase, for engine model year (MY) 2024 and later, except generators, exhaust emission standards, except carbon monoxide, are set to zero, evaporative emission standards are set to zero, and generator emission standards are made more stringent than the existing standards. In the second phase, starting in MY 2028, emission standards for generators would be zero.”
It also “amends related emission reduction credit programs, sunsets the Blue Sky Series engine requirements, repeals the variance provisions in the evaporative emission regulations, amends evaporative emission test procedures, amends TP–901 regarding fuel tank testing configurations, amends evaporative emission control system certification procedure CP–902, and aligns exhaust emission test procedures with updates to the federal test procedures since 2012 with California–specific variances.”
United States – New Jersey
Amended Document – NJAC Chapter 5-23 Uniform Construction Code
Amending Document – NJAC Chapter 5-23 Uniform Construction Code 2022-09-06 Amendments
First Effective Date: 6 September 2022
Industry Sector: General Industry, Building Management & Maintenance
The amended document incorporates by reference the most recently published editions of the International Building Code (IBC), International Residential Code (IRC), International Energy Conservation Code (IECC), International Mechanical Code (IMC), and International Fuel Gas Code (IFGC). A summary of relevant updates to these codes is available here under the “Summary” heading.
United States – Texas
Amended Document – TAC Chapter 30-307 Texas Surface Water Quality Standards
Amending Document – TAC Chapter 30-307 Texas Surface Water Quality Standards 2022-09-23 Amendments
First Effective Date: 29 September 2022
Industry Sector: General Industry, Building Management & Maintenance
The amended document, according to the government, notably:
- “[allows] the expression of the temporary standard as an interim effluent condition when adopted for permittees or water bodies [and clarifies] that a temporary standard must preclude degradation of existing water quality as opposed to impairing an existing use”;
- “[specifies] that the options listed [in the document] are the only options for expressing a temporary standard, the interim effluent condition that reflects the greatest pollutant reduction achievable with pollutant control technologies can be used if no additional feasible pollutant control technology can be identified, and a temporary standard can be expressed as the highest attainable interim criterion”;
- revises “existing [numeric] cadmium acute and chronic criteria [for the protection of aquatic life] for both freshwater and saltwater”;
- revises human health criteria “for the following five carcinogens: benzo(a)anthracene, benzo(a)pyrene, chrysene, 1,2-dichloropropane, and 1,3-dichloropropene”;
- adds “a geometric mean criterion for Enterococci of 54 colonies per 100 millilitres (mL) for high saline waters with primary contract recreation 2”; and
- revises boundaries of various river basin segments and applicable use rules and criteria for certain substances.
United States – Washington
Amended Document – WAC Chapter 296-62 General Occupational Health Standards
Amending Document – WAC Chapter 296-62 General Occupational Health Standards 2022-08-04 Amendments
First Effective Date: 4 August 2022
Industry Sector: General Industry, Building Management & Maintenance
The amended document, according to the government, sets out requirements “for when there is a public health emergency for an infectious or contagious disease,” including:
- requiring employers with more than fifty covered employees at a workplace to report infectious or contagious disease outbreaks;
- providing that employees do not need to disclose medical conditions or diagnoses to their employer;
- requiring “nonhealthcare employers [to] notify employees, as well as their union representative (if any), in writing of potential exposures within one business day”; and
- requiring that employees and contractors be allowed the voluntary use of personal protective equipment.
The rules’ notification requirements also now apply to health care facilities and require such facilities to notify employees (and their union representative (if any), if authorized by the employee) of potential exposures to an infectious or contagious disease within 24 hours.
New Principal Document – WAC Chapter 296-801 Protecting Temporary Workers
First Effective Date: 7 October 2022
Industry Sector: Hardware Manufacturing Industry, Construction Industry, Other Industry
This document, according to its content, “provides health and safety requirements for staffing agencies and worksite (or host) employers” in the manufacturing, construction, and temporary help services industries. It contains requirements concerning a staffing agency’s duties to ensure employee safety and requirements for employers to communicate and provide training on specific workplace hazards.
European Union
Amended Document – Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008 (Text with EEA relevance)
Amending Document – Corrigendum to Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008 (Official Journal of the European Union L 243 of 20 September 2022)
First Effective Date: 21 September 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document clarifies the transitional provisions respecting the individual authorisation of recycling processes and for which a valid application has been submitted. According to the amending document, it provides that an application that is submitted for the authorisation of individual recycling processes or for the modification of an authorisation “at the latest on 10 July 2023 may be placed on the market until the applicant withdraws its application, or until the Commission adopts a decision granting or refusing authorisation of the recycling process” under the prescribed rules.
Australia – New South Wales
Amended Document – Work Health and Safety Regulation 2017
Amending Document – Work Health and Safety Amendment Regulation 2022
First Effective Date: 1 October 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document, according to the government of New South Wales, notably “(i) [requires] a person conducting a business or undertaking to manage psychosocial risks, and (ii) [specifies] what details must be recorded in a log book for an amusement device, and (iii) [requires] a person with management or control of an amusement device to make the log book for the device available to a person to whom control of the device is relinquished.”
Additional information is available here.
Amended Document – Work Health and Safety Regulation 2017
Amending Document – Work Health and Safety Amendment (Demolition Licensing) Regulation 2022
First Effective Date: 1 March 2023
Industry Sector: General Industry, Building Management & Maintenance, Construction Industry
The amended document, according to the government of New South Wales, establishes “a licensing regime for demolition work,” requires “workers undertaking demolition work to be properly trained,” and requires “workers undertaking demolition work to be supervised by appropriately qualified persons.”
Amended Document – Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
Amending Document – Environmental Planning and Assessment Amendment (Sustainable Buildings) Regulation 2022
First Effective Date: 1 October 2023
Industry Sector: General Industry, Building Management & Maintenance, Construction Industry
The amended document notably revises the provisions on applications for construction certificates and design requirements for certain developments in relation to the Sustainable Buildings SEPP (State Environmental Planning Policy), including the embodied emissions for non-residential development and energy and water use standards for large commercial development.
Australia – Victoria
Amended Document – Environment Protection Act 2017
Amending Document – Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022
First Effective Date: 6 September 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document, according to the Victorian government, further reforms Victoria’s waste reduction and recycling industry and “[enhances] the operation and effectiveness of [the Environmental Protection Act 2017]” by:
- removing the waste and resource recovery infrastructure and planning framework from the scope of the Environmental Protection Act 2017;
- revising the provisions relating to background levels of waste or substances;
- introducing additional application fees, such as the submission of a proposed better environmental plan, the authorization for emergency storage, use, etc. of waste and applications to vary or revoke a site management order; and
- providing that the Authority (the Environment Protection Authority) may reject certain applications that are inconsistent with the Victorian Recycling Infrastructure Plan.
According to the Parliament of Victoria, the changes will “support the state’s transition to a circular economy and establishes a waste to energy (WTE) scheme”. Additional information is available here.
Belgium
Amended Document – Code of well-being at work (2017)
Amending Document – Royal Decree amending the Code of well-being at work, in regards to the reintegration route for workers who are unable to work
First Effective Date: 1 October 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document revises the rules that apply to the worker reintegration process following a workplace injury. Notably, the modifications:
- add a requirement for the prevention consultant/occupational physician to inform the worker as soon as possible after the workplace injury of their options for returning to work;
- extend the deadline for the worker to appeal a decision of the prevention consultant/occupational physician that the worker is unfit for work (from 7 to 21 days), and the deadline for the worker to accept the reintegration plan (from 5 to 14 days);
- shorten the deadlines for the employer, for example, the deadline to begin the reintegration process and the deadline to draw up a reintegration plan for a worker who is permanently unfit for the agreed work;
- add considerations the employer must take into account when setting up the reintegration plan, and newly require the employer to give reasons when the employer refuses a reintegration plan;
- add obligations for the employer regarding the enterprise’s general worker reintegration policy, including a new requirement for the employer to submit to the Workplace Prevention and Protection Committee, a summary of the reports and other documents created during any worker reintegration processes during that year; and
- provide that the procedure for termination of work contract will no longer depend upon the outcome of the worker reintegration process.
Brazil – Federal
New Principal Document – Law Nº 14,442, of September 2, 2022 Provides for the payment of food allowances to employees and amends Law No. 6,321, of April 14, 1976, and the Consolidation of Labor Laws, approved by Decree-Law No. 5,452, of May 1, 1943
First Effective Date: 5 September 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This legislation applies to companies and employers. It establishes the rules governing the payment of food allowances to employees.
It also amends Decree-Law Nº. 5.452, of May 1, 1943, Consolidation of Labor Laws, by (1) providing exemptions for employees who work remotely through production or completion of tasks from certain requirements regarding employee working hours; (2) clarifying the concept of telework and remote work; and (3) specifying the relevant obligations of employers, for example, that employers must give priority to employees with disabilities and employees with children or children under 4 years of age under legal guardianship when assigning vacancies for activities that can be carried out through telework or remote work.
Amended Document – NR-26 – Safety Signaling
Amending Document – MTP Ordinance Nº 2,770, of September 5, 2022 Approves the new wording of Regulatory Norm nº 26 – Safety Signaling and Identification. (Case No. 19966.102424/2022-41)
First Effective Date: 7 September 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document simplifies its language and structure. Notably, it specifies the safety signals and identification measures to be taken in the workplace and clarifies the requirements related to the identification and labeling of chemical products in the workplace, determining that these products must be classified according to the hazards to the safety and health of workers.
Brazil – Brasilia
First Effective Date: 30 August 2022
Industry Sector: General Industry, Building Management & Maintenance
This document applies to individuals or legal entities engaged in the extraction, production, transport and commercialization of potentially polluting activities and products that may damage the environment, as well as to those who use fauna and flora products and by-products. As its title indicates, it provides for the registration of potentially polluting activities or the use of environmental resources, environmental control and inspection fees in the Federal District, and related penalties.
Denmark
New Principal Document – Order on extended producer responsibility for filters for tobacco products that are disposable plastic products
First Effective Date: 5 January 2023
Industry Sector: Chemicals Industry, Hardware Manufacturing Industry
According to its contents, this document applies to tobacco products with filters that are disposable plastic products, as well as filters that are disposable plastic products and are marketed for use in combination with tobacco products. It mainly covers the obligation of producers, manufacturers and importers to register and pay fees to the Danish Environmental Protection Agency for the above products.
France
New Principal Document – Decree n° 2022-1213 of September 2, 2022 creating the national nature reserve of Arjuzanx (Landes)
First Effective Date: 5 September 2022
Industry Sector: General Industry, Building Management & Maintenance
According to the government of France, this document applies to “individuals, communities, associations and professionals.” It establishes geographical limitations, general provisions, site management requirements, and authorized activities in the national nature reserve of Arjuzanx (Landes).
Additional information is available here.
New Principal Document – Order of 1 September 2022 suspending capercaillie hunting in mainland France for a period of five years
First Effective Date: 18 September 2022
Industry Sector: Fishing, Hunting, and Trapping Industry
As the title indicates, the document prohibits all hunting of the greater sage-grouse (also known as the “capercaillie”), in mainland France for 5 years.
According to the Ligue pour la Protection des Oiseaux (French only), this order is necessary for the safeguarding of the threatened species’ population and to allow for the reconstitution of populations in the various sites of its range.
Indonesia
New Principal Document – Bapeten No. 4 of 2022 concerning Radioactive Substance Packaging Test Laboratory
First Effective Date: 6 July 2022
Industry Sector: Hardware Manufacturing Industry, Chemicals Industry
This document establishes obligations for designers, producers, and test laboratories of packaging intended to contain certain radioactive substances. It notably provides requirements to conduct radioactive safety testing for radioactive content packaging in a specified testing laboratory, as well as the criteria for the packaging test. It also provides requirements for the testing laboratory, including licensing, standard certification, operational rules and administration, and personnel.
New Principal Document – Kemenhub No. PM 15 of 2022 concerning the Conversion of Motorized Vehicles other than Motorcycles with Fuel Motor Drives to Battery-Based Electric Motor Vehicles
First Effective Date: 12 August 2022
Industry Sector: General Industry
This document provides regulations concerning converting certain fuel-based motorized vehicles into battery-based electric ones. It notably regulates the conversion requirements and criteria, including the workshop or garage where the conversion is conducted.
Additional information is available here (Indonesian only).
Ireland
New Principal Document – European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022
First Effective Date: 26 July 2022
Industry Sector: Water Transportation Industry
This document, according to the government of Ireland, “[transposes] Council Directive 2014/112/EU implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers’ Federation (ETF).”
They prescribe “the maximum hours of work and minimum hours of rest for mobile workers aboard craft operating on inland waterways in the State” and “the requirements for rest periods and annual leave”. They also “require records detailing hours of work and rest to be maintained monthly in arrears and to be signed off by the boatmaster and the worker and retained for 12 months.”
New Principal Document – European Union (Fluorinated Greenhouse Gases) Regulations 2022
First Effective Date: 27 July 2022
Industry Sector: General Industry
According to the government of Ireland, this document “[makes] provisions necessary for the purposes of full and effective implementation in Ireland of Regulation (EU) No. 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006“, and its main provisions are:
- “All undertakings must comply with these Regulations and Regulation 517/2014;
- “To provide for the designation of several competent bodies to administer specific provisions of Regulation (EU) No. 517/2014 in Ireland;
- “To provide for various responsibilities of competent bodies designated for the purpose of giving effect to Regulation (EU) No. 517/2014;
- “To designate and assign duties to the EPA [Environmental Protection Agency] as competent authority; [and]
- To provide for the appointment of, and assignment of the duties of, and various functions of, an Authorised Officer.”
It also replaces the European Union (Fluorinated Greenhouse Gas) Regulations 2016. 2022 (IE-S.I.No.404/2022). According to its content, the new document primarily covers the same scope as the superseded document, with amendments focused on revising the structure of the regulations to improve clarity on the prevention of emission of fluorinated greenhouse gases and to “provide one single piece of legislation providing further clarification regarding obligations, offences and penalties.”
Amended Document – European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022
Amending Document – European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2022
First Effective Date: 27 July 2022
Industry Sector: Agricultural Industry
The amended document notably gives effect to the Commission Implementing Decision (EU) of 29 April 2022 granting a derogation requested by Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources, allowing certain farms to stock at a higher rate of organic manure nitrogen per hectare, subject to stricter environmental rules.
According to the government of Ireland, it also clarifies requirements in relation to shallow cultivation of land post-harvest and late harvested crops, including the rules to “ensure some uncultivated land is retained to support seed eating birds over the winter.”
Mexico
Amended Document – General Regulations on Labor Inspection and Application of Sanctions
Amending Document – Decree by which Various Provisions of the General Regulations of Labor Inspection and Application of Sanctions are Reformed, Added and Repealed
First Effective Date: 24 August 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document notably:
- modifies certain definitions and concepts, such as the definition of “labor inspector” and the “danger or imminent risk” associated with a health emergency;
- introduces new obligations for labor inspectors;
- simplifies procedures related to Labor Authority’s supervision and verification, administrative inspection procedures, and clarifies the employer’s obligations related to inspections;
- provides for alternative inspection mechanisms for employers to report or demonstrate compliance with labor regulations, and that certain registered work centers may be exempt from ordinary inspections;
- provides that the date for correcting deficiencies and noncompliance found during inspections may be extended to 30 days instead of the previously established 90 days; and
- addresses the application of official Mexican standards.
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