Top global EHS regulatory changes – APRIL 2023

By: Sydney Sybydlo

Here are a few noteworthy global EHS regulatory changes in April 2023. We cover EHS legislation and standards for over 30 countries and 400 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
• Canada – New Brunswick
• Canada – Newfoundland & Labrador
• Canada – Northwest Territories
• Canada – Nova Scotia
• Canada – Ontario
• United States – Federal
• United States – California
• United States – Indiana
• United States – New Jersey
• European Union
• Australia
• Austria
• Bailiwick of Guernsey
• Denmark
• Ireland
• Poland
• Singapore
• United Kingdom
• China

Canada – Federal

Amended Document – Fuel Charge Regulations
Amending Document – Regulations Amending Schedule 2 to the Greenhouse Gas Pollution Pricing Act, Amending the Fuel Charge Regulations and Repealing the Part 1 of the Greenhouse Gas Pollution Pricing Act Regulations (Alberta)

First Effective Date: 6 December 2019 (retroactive)
Industry Sector: General Industry

According to the government, the amended document notably–

• establishes “rules that provide proportional relief to aviation gasoline and aviation turbo fuel that has been blended with a known proportion of bio-aviation fuel”;
• “[provides] proportional relief to hydrogen that has been blended with marketable natural gas or non-marketable natural gas [and] similar relief if both hydrogen and bio-methane that have been blended with either marketable natural gas or non-marketable natural gas”;
• “[modifies] the definition of marketable natural gas to remove the requirement that it contain at least 90% methane”;
• “[provides] a rebate of the fuel charge if certain conditions are satisfied”; and
• “[provides] that no fuel charge is payable in respect of combustible waste that is burned in a listed province by a person if the person is a registered emitter and the combustible waste is burned at a covered facility”.

The Greenhouse Gas Pollution Pricing Act is also amended to set out the fuel charge rates for annual periods from 2023 through 2030 that “reflect the annual increase in the price on carbon pollution”.

Canada – British Columbia

Amended Document – Drilling and Production Regulation
Amending Document – Dormancy and Shutdown Regulation; Drilling and Production Regulation […] 2023-03-28 Amendments

First Effective Date: 1 January 2024
Industry Sector: Oil & Gas Industry

The amended document notably–

• provides that it does not apply to “a processing facility as defined in section 1 of the Oil and Gas Processing Facility Regulation” or “[a Liquid Natural Gas (LNG)] facility as defined in section 1 of the Liquefied Natural Gas Facility Regulation“;
• requires well permit holders to “ensure that the emissions of gas from a surface casing vent flow do not exceed 100m³ per day”;
• update the list of types of facilities subject to certain surveying requirements, and the number of surveys required depending on the number of days the facility is pressurized;
• expands repairing and reporting requirements following the detection of a leak, and establishes a list of information to be included in a leak detection and repair report;
• requires permit holders of a well or facility with unsupervised flare stacks where continuous flaring will occur, “if the hydrogen sulphide content of the gas to be flared does not exceed one mole percent,” to ensure the stacks have a continuous monitoring device or are inspected at least once a week, as well as to maintain records of such inspections;
• requires facility permit holders of facilities that use hydrocarbon gas conservation equipment to ensure that the equipment is operated at least 95% of the time (instead of “continuously”);
• requires facility permit holders of facilities that include an uncontrolled storage tank to report to the BC Oil & Gas Commission the volume of natural gas emitted from the production tank, and to retain records concerning equipment and methods used in quantifying the volume reported;
• introduces an equation for calculating, in relation to a fleet of reciprocating compressors, the average vent gas rate;
• updates various monitoring, testing, and recordkeeping requirements for reciprocating compressors;
• introduces additional reporting requirements for facility permit holders that use pneumatic devices that emit natural gas;
• provides that certain rules governing the use of pneumatic pumps do not apply to pneumatic pumps that use propane; and
• changes the submission fate for volumes of natural gas emitted from a glycol dehydrator to March 31 (from July 1) annually.

New Principal Document – Environmental Data Quality Assurance Regulation

First Effective Date: 1 August 2024
Industry Sector: General Industry

This document contains requirements concerning environmental sampling, analysis, and reporting. It establishes rules governing acceptable methods and procedures, participation in audits, and qualifications for laboratories.

It replaces the existing Environmental Data Quality Assurance Regulation. The new document notably expands rules requiring the reporting of sampling and monitoring results and participation in different classes of audits.

Canada – New Brunswick

Amended Document – Designated Materials Regulation
Amending Document – Designated Materials Regulation 2023-03-29 Amendments

First Effective Date: 1 April 2023
Industry Sector: General Industry

The amended document notably provides that beverage containers are designated materials and introduces rules concerning the handling of such containers. It requires brand owners (manufacturers and distributors of beverage containers) to (1) be registered with Recycle New Brunswick (“the Board”), (2) develop and implement a stewardship plan, and (3) report on performance measures and targets. It also establishes the contents required in a beverage container stewardship plan, as well as the specific information to be included in reports.

Canada – Newfoundland & Labrador

Amended Document – Management of Greenhouse Gas Regulations
Amending Document – Management of Greenhouse Gas Regulations (Amendment)

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

The amended document notably–

• provides that mobile offshore industrial facilities are exempted from certain rules until their second year of production;
• updates the applicability of various equations for calculating industrial facilities’ baseline emissions intensity and adds new equations that apply to certain facilities;
• establishes the greenhouse gas reduction targets for industrial facilities for years 2023 through 2030 (and subsequent years);
• sets out the equation for calculating the number of performance credits a facility may be issued if it “has a greenhouse gas reduction target based on baseline emissions intensity and baseline industrial process emissions intensity”;
• provides the circumstances in which an offshore industrial facility may not be issued performance credits;
• establishes the purchase price of fund credits for “greenhouse gas emissions on a carbon dioxide equivalent basis,” for years 2023 through 2030; and
• allows operators of facilities that were granted exemptions from requirements to reach reduction targets to buy and sell performance credits in certain cases.

Canada – Northwest Territories

Amended Document – Petroleum Products and Carbon Tax Regulations
Amending Document – Petroleum Products and Carbon Tax Regulations, amendment

First Effective Date: 1 April 2023
Industry Sector: General Industry, Building Management & Maintenance

The amended document updates rules governing carbon tax rebates and grants. The changes notably—

• remove the payment/rebate requirement for vendors who sell heating fuel to a purchaser other than a large emitter;
• require that an application by vendors who sell electricity production fuel to a public utility be submitted within one year of the date of purchase;
• add a list of large emitter mines;
• establish the process by which large emitters who pay a carbon tax may apply for a carbon tax grant and the maximum grant thresholds;
• introduce reporting requirements for large emitters who have applied for a grant; and
• increase the deposit amount for persons who apply for a single trip permit (for transporting petroleum products or natural gas).

Canada – Nova Scotia

Amended Document – Construction Projects Labour Relations Act
Amending Document – An Act to Amend Chapter 18 of the Acts of 2016, the Construction Projects Labour Relations Act, Respecting Green Hydrogen Production Facilities

First Effective Date: 12 April 2023
Industry Sector: General Industry, Building Management & Maintenance

The amended document notably expands the definition of “designated construction project” to include the on-site construction of a “green hydrogen production facility in the Province.”

Canada – Ontario

Amending Document – Mines and Mining Plants
Amending Document – Amending Reg. 854 of R.R.O. 1990 (Mines and Mining Plants)

First Effective Date: 6 April 2023
Industry Sector: Mining & Minerals Industry

According to the government, the amended document is intended to “improve ventilation requirements in underground mines and lower exposure to harmful diesel exhaust,” as well as to “allow for the use of track-mounted robots in mines.” The changes notably update materials incorporated by reference, update procedures for reports before proceeding with changes to a facility, add rules for the use of independently powered conveyances, increase the frequency of certain required inspections, and add requirements for the development and use of written seismic risk management programs and airborne hazard management programs.

United States – Federal

New Principal Document – 50 CFR 18 Subpart L Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska

First Effective Date: 19 May 2023
Industry Sector: Construction Industry, Water Transportation Industry

According to the Fish and Wildlife Service, this document “[facilitates] the authorization of nonlethal, incidental, unintentional take by harassment of small numbers of northern sea otters during marine construction and pile driving in the Gulf of Alaska coastal waters. Take may result from marine construction and pile-driving activities.”

United States – California

Amended Document – CCR Chapter 3-6-4 Environmental Protection
Amending Document – Neonicotinoid Pesticide Exposure Protection

First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the government, the amended document regulates the “pesticide regulatory program activities pertaining to pesticide use and enforcement by regulating certain production agricultural applications of pesticide products containing the nitroguanidine-substituted neonicotinoid active ingredients, clothianidin, dinotefuran, imidacloprid, and thiamethoxam (collectively referred to as neonicotinoids).” It notably provides control measures concerning “application method and rate restrictions, application timing restrictions, and seasonal application rate caps for the four-neonicotinoid active ingredients.”

Additional information is available here.

United States – Indiana

Amended Document – IC Article 8-1 Utilities Generally
Amending Document – AN ACT to amend the Indiana Code concerning utilities.

First Effective Date: 1 January 2023
Industry Sector: General Industry, Road Transportation Industry, Rail Transportation Industry

According to the government, the amended document “provides certain financial incentives for energy utilities in connection with clean energy projects,” by—

• including projects to construct or repower certain natural gas facilities in the definition of “clean energy project”;
• providing “that for purposes of a clean energy project involving a renewable energy resource project, a ‘renewable energy resource’ includes gas that is derived from the decomposition of organic matter,” with certain conditions; and
• providing “that the term ‘waste’ does not include capturing and destroying coal bed methane for a commercial purpose, including the generation of carbon credits.”

United States – New Jersey

New Principal Document – NJAC Chapter 7-1C Environmental Justice

First Effective Date: 17 April 2023
Industry Sector: General Industry, Building Management & Maintenance

This document, according to the government, “[requires] certain facilities seeking certain permits in overburdened communities […] to prepare an environmental justice impact statement […] and conduct a public hearing to ensure meaningful public participation in the permitting process. [It also provides requirements concerning] permit conditions, where necessary, to avoid increases to environmental and public health stressors.”

European Union

Amended Document – Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (Text with EEA relevance)
Amending Document – Regulation (EU) 2023/851 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2019/631 as regards strengthening the CO2 emission performance standards for new passenger cars and new light commercial vehicles in line with the Union’s increased climate ambition (Text with EEA relevance)

First Effective Date: 15 May 2023
Industry Sector: General Industry

The amended document notably imposes additional requirements on vehicle manufacturers with regard to carbon dioxide emissions targets for new passenger cars and new light commercial vehicles by:

• increasing the EU fleet-wide targets for average emissions reduction of new passenger cars and light commercial vehicles;
• introducing a 100% reduction target by 2035;
• providing that, from June 1, 2026, car manufacturers may choose to provide the European Commission with life-cycle CO₂ emissions data for new cars and light commercial vehicles using the prescribed methodology;
• allowing manufacturers to apply for derogations from specific emissions targets for a longer period;
• setting different contribution values for innovative technologies for different time periods in reducing the average specific emissions of CO₂ of a manufacturer; and
• updating certain formulas and calculations for determining CO₂ emissions in relation to the specific emissions targets for passenger cars and light commercial vehicles in the EU.

Australia

New Principal Document – Safeguard Mechanism (Crediting) Amendment Act 2023

First Effective Date: 11 April 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document establishes transitional provisions which clarify to which companies certain amendments in the documents apply, and at what point they begin to apply.

It also amends the National Greenhouse and Energy Reporting Act 2007. The change to this document concerns the Australian Safeguard Mechanism, which is a legal framework that establishes a baseline of greenhouse gas emissions for companies which they must not exceed, and new “Safeguard Mechanism Credits” which allow companies whose emissions are below their baseline to sell their deficit as a tradable credit. The changes include, according to the government of Australia, “establish[ing] the framework for creating Safeguard Mechanism Credits, covering how credits are issued, purchased, and included in Australia’s National Registry of Emissions Units.”

Austria

New Principal Document – Biomass Energy Sustainability Ordinance

First Effective Date: 4 April 2023
Industry Sector: Utilities & Communications Industry

This document notably applies to operators of liquid biofuels and biomass fuel plants. It sets out provisions with regard to reducing greenhouse gas emissions from biofuels and biomass fuels, establishing sustainability criteria for electricity generated from biomass fuels, requiring plant operators to use a mass balance system, and ensuring compliance with certification systems for greenhouse gas reduction and sustainability criteria.

Bailiwick of Guernsey

New Principal Document – The Land Planning and Development (Exemptions) Ordinance, 2023

First Effective Date: 29 March 2023
Industry Sector: General Industry, Building Management & Maintenance

This document notably lists various types of development that are exempt from planning permissions, such as residential and non-residential building works, maintenance and repair activities, temporary structures and uses, agricultural projects, tree-related work, signs and advertisements, certain changes in use, as well as demolition.

It replaces The Land Planning and Development (Exemptions) Ordinance, 2007. The new document increases the number of developments that are exempt from the requirement for a building permit by:

• updating or adding certain definitions, such as the definition of “agricultural,” “building containing flats,” and “waste”;
• adding new exemptions for electric charging points and external rendering systems, as well as those pertaining to the development within the curtilage of a flat or building containing flats, and temporary art installations; and
• elaborating current exemptions, such as updating the rules for change of use of visitor accommodations and introducing waste-related rules.

Denmark

Amended Document – Promulgation of the law on taxation of nitrogen oxides
Amending Document – Act amending the Act on tax on natural gas and city gas, etc., Act on tax on hard coal, lignite and coke, etc., Act on energy tax on mineral oil products, etc. and various other laws

First Effective Date: 1 April 2023
Industry Sector: General Industry, Building Management & Maintenance

The amended document notably:

• revises the rules for companies registered with the Customs and Tax Administration with regard to their obligation to calculate the amount of NO₂ equivalents emitted into the air, taking into account the company’s consumption of goods;
• removes the tax exemption for certain energy products produced on the company’s premises and used directly for the production of a corresponding energy product; and
• specifies how to calculate taxes when there is a change in tax rates during a settlement period by requiring that the changed tax rate be applied to the portion of the settlement period that it was in effect for and that measurements of emissions before and after the change be used for the calculation.

New Principal Document – Executive Order on work with substances and materials (chemical agents)

First Effective Date: 15 April 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document applies to all work involving substances and materials, taking into account their potential risks to safety and health. Notably, it includes provisions for workplace assessment, prevention principles, special measures to ensure the safety and health of workers, training and instruction requirements, accident response and occupational medical examinations. Appendices to this document also cover specific materials subject to use restrictions.

New Principal Document – Executive Order on the categorization, classification, transport and discharge of liquid substances transported in bulk

First Effective Date: 1 July 2023
Industry Sector: Water Transportation Industry

This document applies to all ships carrying liquid substances in bulk, respecting the discharge and transport of harmful substances, except as otherwise provided. Specifically, it covers categorization and depletion requirements, ballast water management, venting of cargo residues, exemptions for tank cleaning, use of detergents and additives, cooperation with other States, and penalties for non-compliance.

It replaces the Executive Order on categorization, classification, transport and discharge of liquid substances transported in bulk.

Ireland

New Principal Document – European Union (Drinking Water) Regulations 2023

First Effective Date: 6 March 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document is primarily intended for water suppliers and owners of premises where water is supplied for human consumption. According to the Government of Ireland, “These Regulations concern the quality of water intended for human consumption.” Notably, it covers rules respecting the obligations in relation to water, risk assessment and management, monitoring rules, minimum hygiene requirements, as well as relevant penalties and prosecutions.

It replaces the European Union (Drinking Water) Regulations 2014. According to the Irish Government, the new document “enhance[s] existing requirements to protect human health by laying down detailed and clear directions regarding the management of water intended for human consumption […]”. Notably, the changes are made by:

• “overarching [the] application of a risk-based approach to water safety”;
• “updating the list of parameters monitored in drinking water”;
• “[implementing] a ‘watch list’ of parameters which are of concern in respect of impact on human health and their presence in drinking water”;
• “[providing] minimum hygiene requirements for materials that come into contact with water”;
• “[providing] minimum requirements for treatment chemicals and filter media that come into contact with water”;
• “increasing access to water intended for human consumption in particular for vulnerable and marginalised groups”;
• ensuring that information on the quality of water is made available to the public;
• “[providing] requirement for water suppliers to assess water leakage levels in their distribution network”;
• “broadening […] the regulations concerning Penalties and Prosecutions to include offences in relation to pollution or contamination of a source of water intended for human consumption”; and
• “[including] an exemption for individual supplies that are providing less than 10m_³ (10,000) litres a day or supplying less than 50 persons”.

New Principal Document – Environmental Protection Agency (Designated Development) (Industrial Emissions) (Licensing) Regulations 2023

First Effective Date: 17 April 2023
Industry Sector: General Industry, Building Management & Maintenance

This document applies to certain industrial emissions activities. It notably specifies the requirements for obtaining a license for designated application, withdrawal or abandonment of license applications, and requires licensees to provide information on emissions monitoring and environmental performance by the specified date. It also includes a list of major pollutants.

New Principal Document – Sea Pollution (Ballast Water Management Convention) Regulations 2023

First Effective Date: 18 April 2023
Industry Sector: Water Transportation Industry

This document applies to Irish ships, ships operating under the authority of the State, and ships entering a port, harbour or repair yard in the State. It notably sets out the requirements for ballast water management systems, such as design and construction requirements, control and monitoring systems, approval processes and certifications. It also covers sediment management and reception procedures, as well as obligations related to Ballast Water Management Plans and recording of ballast water.

Amended Document – Waste Management (Collection Permit) Regulations 2007
Amending Document – Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023

First Effective Date: 6 March 2023
Industry Sector: General Industry

The amended document is revised to revoke a previously published amendment, namely, the Waste Management (Collection Permit) (Amendment) Regulations 2023, with effect from 7 March 2023. According to the Irish Government, the effect of the change is “to give effect to national waste policy regarding the regulation of the collection of household and commercial waste.” Notably, it provides for:

• “the introduction of incentivised charging for commercial customers”;
• “the provision of a biowaste, mixed dry recycling and residual waste bin to all waste collection customers in the commercial sector, to weigh each collection of commercial waste and report or make those weights available to the customer”;
• “the updating of the customer charter for households”;
• “the introduction of a customer charter for commercial customers”; and
• “the inclusion of soft plastics on the list of recyclable material with the list now to be available on the website www.mywaste.ie“.

This new amendment broadly covers the same scope as the superseded amendment but makes certain minor modifications to introduce new changes to the document, such as clarifying the affected provisions and substituting “present household or commercial waste” for “present household waste” in the specified provision.

Poland

New Principal Document – Regulation of the Minister of Infrastructure of March 24, 2023 on the risk assessment system for entities performing road transport

First Effective Date: 4 April 2023
Industry Sector: Road Transportation Industry

This document establishes a risk assessment system for entities engaged in road transportation with respect to violations related to driving time, mandatory breaks and rest periods of drivers, as well as the technical condition of certain categories of vehicles and trailers.

Additional information is available here (Polish only).

Amended Document – Act of November 29, 2000. Atomic Law.
Amending Document – Act of 9 March 2023 amending the Act on the preparation and implementation of investments in nuclear power facilities and accompanying investments and certain other acts

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

The amended document notably:

• adds a definition of “nuclear power plant”;
• includes provisions for monitoring radiation levels and conducting measurements of ionizing radiation or radioactive contamination for grants related to such activities;
• updates provisions related to the approval process for nuclear facility construction;<li>revise provisions for estimating an effective dose of a nuclear facility;
• requires the organizational unit responsible for nuclear facility activities to cover the costs of obtaining opinions from competent public administration authorities during inspections;
• updates operation, construction, and approval requirements for nuclear facilities;
• requires investors to provide documentation on proposed technical solutions, payment of fees, and obtain opinions from the European Commission before permits can be issued;
• specifies requirements for presenting permits for the use of nuclear facilities, submitting approvals for building or dismantling such facilities, and implementing physical protection systems;
• revises provisions related to the management and storage of radioactive waste; and
• clarifies rules for cost allocation, individual dosimetry for workers exposed to radiation, and communication and education efforts related to nuclear energy.

Singapore

Amended Document – Environmental Public Health Act
Amending Document – Environmental Public Health (Amendment) Act 2023

Published Date: 20 March 2023 (comes into force upon Notification by the Minister)
Industry Sector: General Industry, Building Management & Maintenance

According to the Government of Singapore, the amended document notably:

• “[requires] persons who carry on a business of supplying cleaners to other persons to be licensed as cleaning business licensees”;
• “[requires] waste collector licensees and waste disposal licensees to implement the progressive wage model [a set of rules concerning worker wages] for their waste collection workers and waste disposal workers, respectively, who are citizens or permanent residents of Singapore”;
• “require the owner of a building or part of a building that is served by a standalone pneumatic waste conveyance system to be responsible for the maintenance, repair, replacement or modification of the standalone pneumatic waste conveyance system”;
• “[prohibits the] causing or permitting the dumping or disposal of any refuse, waste or any other article from a vehicle in a public place”, and
• “[prohibits the] permitting of the use of a vehicle for the purpose of dumping or disposing of any refuse, waste or any other article in a public place.”

United Kingdom

New Principal Document – The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023

First Effective Date: 6 April 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document specifies the definition of “key building information” for higher-risk buildings and the duties and provisions related to submitting this information. It also sets out rules for determining which parts of a building are the responsibility of an accountable person under Part 4 of the Building Safety Act 2022.

Additional information is available here.

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