Here are a few noteworthy global EHS regulatory changes in November 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 – Alberta
- Canada – British Columbia
- United States – Federal
- United States – New Hampshire
- European Union
- Australia – Federal
- Australia – Victoria
- Bailiwick of Guernsey
- Denmark
- Germany
- Indonesia
- Ireland
- New Zealand
- Poland
- Thailand
- United Kingdom
- China
Canada – Federal
Amended Document – Health of Animals Regulations
Amending Document – Regulations Amending the Health of Animals Regulations (Hatchery)
First Effective Date: 20 October 2022
Industry Sector: Agriculture Industry, Forestry & Logging Industry, Animal Production & Aquaculture
The amended document notably incorporates by reference the Code of Practice for the Care and Handling of Hatching Eggs, Breeders, Chickens and Turkeys (the Code) and the Canadian Hatchery and Supply Flock Testing Standards (the Testing Standard). The change also requires hatchery operators to develop a preventive control plan (PCP) that will:
- “identify the risks and describe the mitigation procedures applied to prevent the introduction and spread of pathogens or contamination in animals, and thereafter the food supply”;
- “detail measures that will be implemented by the hatchery operator to meet the requirement to maintain a licence to operate”; and
- “be used by management for access to premises, employee training in biosecurity measures, maintenance of equipment, facilities and related materials, cleaning and disinfection, hatchery debris and garbage disposal, neonatal feed (e.g. hydration gels), vaccine, and water management, and pest control in order to mitigate the risk of introduction and spread of biological hazards.”
The document also now requires hatchery operators to:
- “[maintain] an existing licence, contingent on developing, implementing and maintaining (i.e. annual review) a PCP”;
- “[meet] all applicable requirements listed in select sections of the Code (hatcheries, housing and environment, feed and water, personnel knowledge and skills, euthanasia and flock health management)”;
- “[perform] regular sampling and testing for sanitation and diseases as outlined in the Testing Standard”;
- “[source] only eggs and chicks from supply flocks that meet the sampling and testing requirements detailed in the Testing Standard”; and
- “[require] their supply flock operators to develop, implement and maintain a PCP [and] to meet all requirements (hatcheries, housing and environment, feed and water, personnel knowledge and skills, euthanasia, flock health management) listed in selected sections of the Code.”
Canada – Alberta
New Principal Document – Extended Producer Responsibility Regulation
First Effective Date: 30 November 2022
Industry Sector: General Industry, Other Industry
This document applies to producers or retailers of specified designated materials such as single-use products, packaging and paper products, and hazardous and special products. It notably provides requirements on the collection, service standards, and material management of the aforementioned products.
According to the CBC, it “covers product packaging, single-use products, paper products, batteries, pesticides, most corrosive and flammable household products and their containers.”
Amended Document – Alberta Tier 1 Soil and Groundwater Remediation Guidelines
Amending Document – Alberta Tier 1 Soil and Groundwater Remediation Guidelines 2022-08-29 Amendments
First Effective Date: 1 January 2023
Industry Sector: General Industry
The amended document notably—
- modifies the language and structure of the guidelines to improve clarity;
- updates certain references, such as removing the brief description of the three options for the management of the contaminated sites and adding a reference to the Contaminated Sites Policy Framework for more information;
- clarifies the soil quality guidelines for off-site surface migration by wind or water erosion;
- further explains the need for groundwater investigations in cases where soil guidelines are not clearly linked to groundwater guidelines for certain substances, unless it can be clearly demonstrated that the substance has not migrated to groundwater;
- adds additional considerations for assessing and remediating salt-impacted wellsites in native grasslands, which are sensitive to disturbance;
- revises limit values and quantities for various substances that should not be exceeded based on guidance values, such as the updated surface soil remediation guidance values, groundwater guidance values, and surface water quality guidance values; and
- adds guidelines and restrictions on new substances, such as new rules for perfluorooctane sulfonate (PFOS).
Amended Document – Alberta Tier 2 Soil and Groundwater Remediation Guidelines
Amending Document – Alberta Tier 2 Soil and Groundwater Remediation Guidelines 2022-08-29 Amendments
First Effective Date: 1 January 2023
Industry Sector: General Industry
The amended document notably—
- updates references to documents that should be used in conjunction with this document;
- specifies Tier 2 options for specific exposure pathways and receptors by updating and adding relevant considerations such as direct human contact with soil, human vapour inhalation, protection of potable groundwater, soil contact for plants and invertebrates, protection of groundwater for aquatic life, and protection of groundwater for wildlife;
- clarifies that for Tier 2 risk assessments, similar rules for points of compliance are maintained as per Tier 1;
- clarifies that no regulatory closure is provided for exposure control and direct to other guidelines to obtain additional information on exposure control options;<li>require the compliance with certain Tier 1 values, such as requiring the toxicity reference values for human health specified in Tier 1 be adhered to at Tier 2;
- updates the Tier 2 pathway exclusion or guideline adjustment options in relation to human exposure pathways as the Tier 2 Site-Specific Risk Assessment option now requires the proponent to revisit all life stages and to reinvestigate sensitive stages to ensure the protection of these life stages as well;
- updates certain substances, parameters, and associated reference values used in the derivation of Tier 1 Guidelines; and
- updates the conditions for excluding the Domestic Use Aquifer (DUA) drinking water pathway.
Canada – Newfoundland & Labrador
New Principal Document – Workplace Health, Safety and Compensation Act, 2022
First Effective Date: 1 September 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document provides certain workplace health and safety requirements, as well as workers’ or their dependents’ right to compensation for injuries (including those arising out of occupational diseases) suffered during their employment. It also includes the workers’ right to health care, rehabilitation, and return to work.
It replaces the Workplace Health, Safety and Compensation Act. According to the government, the new document resolves concerns identified in the 2013 Statutory Review and the 2019 Statutory Review, which “address housekeeping items, incorporate gender-neutral language, modernize terminology, reduce red tape and achieve internal and cross-legislative consistency.”
Canada – Nova Scotia
Amended Document – Electricity Act
Amending Document – An Act to Amend Chapter 25 of the Acts of 2004, the Electricity Act, Respecting the Hydrogen Innovation Program
Published Date: 9 November 2022 (comes into force by order of the Governor in Council)
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document expands the definition of “wholesale customer” to include owners/operators of certain hydrogen facilities, and creates a new hydrogen innovation program where owners and operators of a hydrogen facility may apply to obtain certain benefits.
Amended Document – Subsurface Energy Storage Act (formerly the Underground Hydrocarbons Storage Act)
Amending Document – An Act to Amend Chapter 37 of the Acts of 2001, the Underground Hydrocarbons Storage Act
First Effective Date: 9 November 2022
Industry Sector: General Industry
The amended document expands its scope to include subsurface energy storage by including hydrogen, ammonia, carbon sequestration and compressed air energy storage. It also changes the title of the document to the Subsurface Energy Storage Act.
The Pipeline Act is also amended to extend its applicability by (1) expanding the definition of “gas” to include “any gaseous substance intended to be used as fuel by an end user”, “any gaseous substance intended to be chemically or physically transformed prior to exporting to be used as fuel by an end user”, and “any substance prescribed by the regulations to be gas” to the definition of “gas”; and (2) expanding the definition of “oil” to include “any liquid substance intended to be used as a fuel by the end user”.
Amended Document – Environment Act
Amending Document – An Act to Amend Chapter 1 of the Acts of 1994-95, the Environment Act
First Effective Date: 1 January 2023
Industry Sector: General Industry
The amended document notably creates an output-based pricing system that creates greenhouse gas emission limits and compliance obligations for certain industrial facilities; provides repeal dates for provisions related to the currently implemented cap-and-trade program; and establishes penalties for non-compliant emitters.
United States – Federal
Amended Document – 40 CFR 63 Subpart HHHHHH National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
Amending Document – National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources Technology Review
First Effective Date: 10 November 2022
Industry Sector: General Industry
According to the EPA, the amended document “[adds] electronic reporting provisions, [simplifies] the petition for exemption process, [clarifies] requirements for addressing emissions during periods of [startup, shutdown, and malfunction], and [makes] miscellaneous clarifying and technical corrections” for Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources.
New Principal Document – 46 CFR 160 Subpart 160.046 Emergency Procedures
First Effective Date: 14 December 2022
Industry Sector: Water Transportation Industry
This document applies to emergency provisions that must be carried in lifeboats and liferafts. It incorporates by reference industry standards with which the provisions must comply, establishes rules for inspection of emergency provisions by independent laboratories, and sets out requirements for the certification and labeling of emergency provisions.
New Principal Document – 40 CFR 1031 Control of Air Pollution from Aircraft Engines
First Effective Date: 23 December 2022
Industry Sector: Air Transportation Industry
This document contains aircraft emission regulations and aircraft engine standards and establishes measurement procedures for emissions testing and related reporting and recordkeeping requirements. It applies to aircraft gas turbine engines, with certain exceptions.
Amended Document – 40 CFR 152 Subpart B Exemptions
Amending Document – Pesticides; Addition of Chitosan (Including Chitosan Salts) to the List of Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products
First Effective Date: 9 January 2023
Industry Sector: General Industry, Building Management & Maintenance
According to the EPA, the amended document adds “a substance commonly referred to as chitosan (also known by its chemical name: poly-D-glucosamine) (CAS No. 9012-76-4) to the list of active ingredients eligible for use in minimum risk pesticide products exempt from registration and other requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).” It also specifies “that the listing also includes those chitosan salts that can be formed when chitosan is mixed with the acids that are listed as active or inert ingredients eligible for use in minimum risk pesticide products.”
United States – New Hampshire
New Principal Document – NHAR Chapter Env-Or 500 Recovery of Gasoline Vapors
Amending Document – NHAR Chapter Env-Or 500 Recovery of Gasoline Vapors 2022-11-10 Amendments
First Effective Date: 7 October 2022
Industry Sector: Oil & Gas Industry
The amended document notably replaces references to the term “signification modification” with “substantial modification,” establishes Stage II requirements for gasoline-dispensing facilities, and makes the following updates to Stage I requirements for such facilities:
- “establish vent cap requirements for reconstructed and new facilities”;
- “require swivel adaptors”;
- “clarify that all new facilities must have a two-point system”;
- “establish that existing facilities with coaxial fills must install two-point systems if substantially modifying their tank top or replacing their system”; and
- “specify the actions that must be taken in the event of a failed test.”
European Union
First Effective Date: 13 November 2022
Industry Sector: Road Transportation Industry
This document, according to its contents, “applies to checks carried out by Member States on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a third country.” It also has a non-exhaustive list based on risk categories to clarify what will be considered infringements and the rules for inspections on business premises as a precautionary measure.
Amended Document – Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (Text with EEA relevance.)
Amending Document – Commission Delegated Regulation (EU) 2022/2291 of 8 September 2022 amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants, as regards hexachlorobenzene (Text with EEA relevance)
First Effective Date: 13 December 2022
Industry Sector: General Industry, Building Management & Maintenance
The amended document notably adds the specific exemption provisions on intermediate use for hexachlorobenzene so that concentrations of hexachlorobenzene equal to or below 10 mg/kg (0,001 % by weight) shall be exempted under Article 4(1), point (b), which exempts certain substances present as an unintentional trace contaminant in substances, mixtures or articles from the prohibitions on manufacturing, placing on the market and using.
Australia – South Australia
New Principal Document – Radiation Protection and Control Regulations 2022
Published Date: 27 October 2022 (comes into force on proclamation)
Industry Sector: General Industry
As the title indicates, this document applies to business activities involving the use or exposure to radiation. The document notably sets out rules regarding licences for the use and management of radioactive materials; occupational health and safety for employees working with radioactive materials; mining and storage of radioactive natural resources; production and sale of devices that emit radiation; and irradiation of people for medical purposes.
It replaces the Radiation Protection and Control (Ionising Radiation) Regulations 2015.
Additional information is available here.
Denmark
New Principal Document – Executive order on prevention against pollution from ships
First Effective Date: 1 November 2022
Industry Sector: Water Transportation Industry
This document applies to Danish and foreign vessels, including certain recreational vessels. Notably, it provides for preventive measures against oil pollution, sewage, waste, and air pollution from ships, as well as for the control of hazardous liquid substances.
France
Amended Document – Energy Code Articles R221-1 to R221-13: Individual Energy Savings Obligations
Amending Document – Decree no. 2022-1368 of October 27, 2022, increasing energy savings obligations under the energy savings certificate scheme
First Effective Date: 29 October 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document applies to energy suppliers, and concerns the Energy Savings Certificate System, under which energy suppliers are required to attain a certain amount of energy savings via inciting energy consumers to consume less energy. The effect of the change is to increase the required amount of energy savings under this system for most kinds of energy consumers.
Indonesia
New Principal Document – Kemenhub No. PM 32 of 2022 concerning the Civil Aviation Safety Regulations Section 92 concerning the Safety of Carriage of Dangerous Goods by Airplane
First Effective Date: 12 October 2022
Industry Sector: General Industry
This document applies to operators of aircraft carrying dangerous goods and shippers of certain dangerous goods for carriage via aircraft.
According to its content, it notably regulates the authorization and approval of certain aircraft operators transporting dangerous goods; the requirements for the carriage of dangerous goods via aircraft; the types of dangerous goods that are permitted to be transported via aircraft; which persons are permitted to carry, ship, and handle the transportation of dangerous goods via aircraft; and training for personnel handling the transportation of dangerous goods.
Additional information is available here (Indonesian only).
Ireland
New Principal Document – Air Pollution Act 1987 (Solid Fuels) Regulations 2022
First Effective Date: 31 October 2022
Industry Sector: General Industry, Building Management & Maintenance
This document applies to solid fuel producers, retailers, distributors, and owners or operators of any vehicle used to transport solid fuels.
According to the government of Ireland, the document’s purpose “is to regulate the sale and distribution of solid fuel used for space or water heating in domestic or licensed premises (such as public houses or hotels). Solid fuel may only be distributed as an approved solid fuel that meets the requirements set out in the Regulations.”
It replaces the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012. The new document—
- clearly prohibits the retail sale or distribution of solid fuels used for heating (space or water) in fireplaces in homes or licensed premises that are not approved solid fuels under the Regulations;
- establishes the requirements that solid fuels must meet in order to be approved;
- requires solid fuel producers to register on the Environmental Protection Agency’s fuel register in order to place solid fuels on the market or to manufacture or distribute them;
- updates the responsibilities of producers and retailers; and
- establishes new technical requirements for all fuels placed on the market.
Additional information about this new legislation is available here</a>.
New Principal Document – European Union (Energy Efficiency Obligation Scheme) Regulations 2022
First Effective Date: 1 January 2023
Industry Sector: Utilities & Communications Industry
These Regulations establish a new Energy Efficiency Obligation Scheme (EEOS) that sets obligations and targets for prescribed parties, such as energy distributors and retail energy sales companies, to achieve the required level of energy savings.
According to the government of Ireland, “[t]hese Regulations set out which persons are obligated; how the energy savings targets are calculated and issued; how obligated parties can meet these targets, including certain sectoral sub-targets; specific requirements to be met relating to the calculation, measurement and verification of energy savings; and how any non-compliance with targets and other aspects of the Regulations, such as the provision of relevant information, shall be managed and the steps that may be taken where an obligated party fails to meet its obligations.”
It replaces the European Union (Energy Efficiency Obligation Scheme) Regulations 2014. The new document redesigned the EEOS from the year 2023. Notably, it defines who is obligated, provides for the total EEOS Target, the calculation and notification of annual EEOS targets and sub-targets, and a new part on energy credits, including requirements respecting their reporting, verification, calculation, measurement, and exchange and buyout. It also adds new provisions on non-compliance with these Regulations and related administrative and functional requirements.
Additional information about the redesigned EEOS is available here.
Poland
New Principal Document – Regulation of the Minister of Climate and Environment of October 27, 2022 on defining detailed conditions for the loss of waste status for waste generated in the process of energy combustion of fuels
First Effective Date: 1 December 2022
Industry Sector: General Industry, Building Management & Maintenance
This document applies to holders of waste generated in the fuel combustion process. It includes a list of the various wastes generated during the combustion of energy fuels, the requirements for the loss of waste status of that waste, the minimum quality standards for materials or products recovered using waste from the combustion of energy fuels, the minimum quality standards for materials or products produced during the recycling of synthetic gypsum used to produce building materials, and a sample declaration stating that the waste produced during the energy fuel combustion process meets the requirement of not being considered waste.
Scotland
Amended Document – The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
Amending Document – The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2022
First Effective Date: 1 January 2023
Industry Sector: General Industry
The amended document, according to the Scottish Government, notably “set[s] an overall recycling target as well as material-specific recycling targets for 2023 on obligated producers in Scotland in relation to glass, plastic, aluminium, steel, paper/board and wood.”
South Africa
Amended Document – Occupational Health and Safety Act: Regulations: Commercial Diving
Amending Document – Occupational Health and Safety Act: Regulations: Commercial Diving: Amendments
First Effective Date: 31 October 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document notably—
- establishes some new definitions, such as those for “air scuba” and “commercial scuba”;
- specifies the registration requirements for commercial diving contractors and require commercial diving schools to have a certified ISO 9001 quality management system in place within the specified time frame;
- updates the obligations of employers to ensure that recompression chambers are immediately available in specific situations;
- updates requirements on employers or commercial dive schools to prohibit a person to conduct commercial scuba, air scuba or diving in certain circumstances; and
- sets out the minimum personnel requirements for diving operations.
New Principal Document – National Environmental Management Act: Cape Vultures: Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on the Cape Vultures by Onshore Wind Energy Generation facilities
First Effective Date: 4 November 2022
Industry Sector: Utilities & Communications Industry
This document applies to applicants who intend to conduct activities at certain sites identified as having a “very high” or “high” sensitivity to potential collisions between Cape condors and wind turbines. According to its contents, it “provides the criteria for the specialist assessment and minimum report content requirements for determining impacts on Cape Vultures associated with the development of onshore wind energy generation facilities, which require environmental authorisation.”
According to Business Insider South Africa, the Cape Vulture is designated as a threatened species on the IUCN Red List. The species’ “large wingspan, and its broad foraging range, mostly flying lower than 100 metres above the ground, puts the Cape Vulture on a collision course with rotor blades atop wind turbines.”
Achieve comprehensive compliance with Nimonik
Nimonik exists to help organizations comply with regulatory requirements – leading to less environmental damage, better worker safety and higher quality products. We can help you with:
Document-Level Compliance Obligations
- Access over 200,000 EHS regulations, standards and guidelines for global jurisdictions on our easy-to-use software, NimonikApp.
- Receive alerts when applicable documents change or new ones get introduced.
Clause-Level Compliance Obligations
- Access specific requirements in over 200,000 EHS regulations, standards and guidelines for global jurisdictions on our easy-to-use software, NimonikApp.
- Receive alerts when the specific applicable requirements change or new ones get introduced.
- Use the specific requirements as audit protocols to assess your compliance.
- Assess your compliance to industry standards, corporate policies, customer requests or any other set of requirements with our robust mobile and web auditing app, Nimonik Audit.
We promise:
- accuracy and comprehensiveness of our regulatory content
- rapid publication of regulatory changes
- easy-to-use software
- exceptional customer support
- state of the art IT security
Contact us to discuss how you can achieve comprehensive compliance.
