Top global EHS regulatory changes – June 2023

By: Sydney Sybydlo

Here are a few noteworthy global EHS regulatory changes in June 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 – Nunavut
• Canada – Ontario
• Canada – Quebec
• United States – Federal
• United States – New York
• United States – Ohio
• United States – Vermont
• United States – Washington
• European Union
• Australia – Victoria
• Denmark
• Italy
• Peru
• Poland
• United Kingdom
• China

Canada – Federal

Amended Document – Marine Liability Act
Amending Document – Budget Implementation Act, 2023, No. 1

First Effective Date: 14 December 2012 (certain provisions, retroactively)
Industry Sector: Water Transportation

According to the government, the amended document notably–

• increases the maximum liability for certain claims “involving a ship of less than 300 gross tonnage” or “air cushion vehicles”;
• “[extends] the application of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 to non-seagoing vessels”;
• “[provides] for public notice requirements relating to the constitution of limitation funds”;
• “[clarifies] that the owner of a ship is liable for economic loss related to fishing, hunting, trapping or harvesting suffered by an Indigenous group, community or people or suffered by a member of such a group, community or people; and
• “[expands] the compensation regime of the Ship-source Oil Pollution Fund to include certain future losses.”

Amended Document – Food and Drugs Act
Amending Document – Budget Implementation Act, 2023, No. 1

First Effective Date: 14 December 2012 (certain provisions, retroactively)
Industry Sector: General Industry

According to the government, the amended document notably prohibits “the sale of a cosmetic unless its safety can be established without relying on data derived from a test conducted on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal, subject to certain exceptions,” the conduct of potentially harm-causing tests on animals to meet legislative requirements and deceptive or misleading claims with respect to the use of animal testing for a cosmetic product.

Amended Document – Canadian Aviation Regulations, 2012
Amending Document – Regulations Amending the Canadian Aviation Regulations (Part I — 104, Aeronautical Product Approvals)

First Effective Date: 21 June 2023
Industry Sector: Air Transportation Industry

According to the government, the amended document updates various “charges in respect of the issuance, renewal, amendment, or endorsement of aeronautical products,” and “[adds] new charges (e.g. post-certification activities which are labour intensive and not currently subject to cost recovery),” which will be adjusted annually.

Amended Document – Precursor Control Regulations
Amending Document – Regulations Amending the Precursor Control Regulations (Novel Fentanyl Precursors)

First Effective Date: 30 August 2023
Industry Sector: Chemical Industry, Healthcare Industry

According to the government, the amended document notably “[expands] the existing listings of [fentanyl precursor N-Phenyl-4-piperidinamine and its salts] to add all related derivatives and analogues, and salts of derivatives and analogues,” thus expanding the prohibitions on the use and distribution of such derivatives and analogues.

Amended Document – Controlled Drugs and Substances Act
Amending Document – Order Amending Schedule VI to the Controlled Drugs and Substances Act (Novel Fentanyl Precursors)

First Effective Date: 30 August 2023
Industry Sector: General Industry

According to the government, the amended document notably “[expands] the existing listings of [fentanyl precursor N-Phenyl-4-piperidinamine and its salts] to add all related derivatives and analogues, and salts of derivatives and analogues,” thus expanding the prohibitions on the use and distribution of such derivatives and analogues.

Canada – British Columbia

New Principal Document – Ecologically Suitable Species Guideline v 1.0: May 2023

First Effective Date: 12 May 2023
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

According to the government, this document “[introduces] expectations for meeting the intent of section 19 of the Environmental Protection Management Regulation as part of the Certificate of Restoration (COR) Part 2 application process. It provides the oil and gas sector reclamation guidance related to planning, implementing, and performance reporting of soil and vegetation metrics for Crown forested land in northeast B.C.”

Amended Document – Oil and Gas Processing Facility Regulation
Amending Document – Dormancy and Shutdown Regulation; Drilling and Production Regulation […] 2023-06-13 Amendments

First Effective Date: 12 June 2023
Industry Sector: Oil & Gas Industry

The changes to this document are part of a suite of amendments that require persons carrying out oil and gas activities within an operating area to “prepare and maintain an invasive plant compliance record that describes the activities carried out for the purpose of complying” with certain requirements to control invasive plant species and set out the information to include in the compliance record. They also require processing facility permit holders to retain such records until a certificate of restoration is issued with respect to the facility site.

Similar amendments concerning the invasive plant compliance record are also made to the
Dormancy and Shutdown Regulation and the Drilling and Production Regulation.

Amended Document – Occupational Health and Safety Regulation
Amending Document – Occupational Health and Safety Regulation 2023-05-30 Amendments

Published Date: 1 November 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document notably—

• removes the requirement that persons designated as first aid attendants must complete a first aid training course or examination;
• requires assessments of workplace first aid circumstances to be “prepared, reviewed and updated in consultation with the joint committee or the worker health and safety representative, as applicable”;
• requires employers to maintain written procedures for (1) how injured workers will be accessed and moved if there are any barriers to providing them first aid and (2) the location of the method of emergency transportation if such transportation is required;
• requires employees to conduct drills at least once a year and whenever safety procedures are changed;
• updates the minimum levels of first aid, including rules governing “the equipment, supplies, facilities, first aid attendants and services that are required to be provided for a workplace,” based on the workplace’s class; and
• updates requirements for dressing stations/first aid rooms, overnight care, and emergency transportation.

Canada – New Brunswick

Amended Document – Water Circulation Systems Regulation – Public Health Act
Amending Document – Water Circulation Systems Regulation 2023-05-30 Amendments

First Effective Date: 1 June 2023
Industry Sector: Utilities & Communications Industry

The amended document notably:

• provides that the holder of a licence to operate a water circulation system must operate and maintain said system in accordance with the New Brunswick Technical Guidelines for Water Circulation Systems (“Guidelines”);
• establishes the terms and conditions to which licences to operate a water circulation system are subject;
• requires that a water management program must contain the components specified in the Guidelines;
• sets out the terms and conditions of the licensee’s obligation to monitor the water in a water circulation system, notably by taking and submitting samples for analysis;
• specifies the time within which the licensee must submit a report of the test results to the Minister; and
• establishes corrective measures to be taken by the licensee if the water contains Legionella pneumophila bacteria.

Canada – Newfoundland & Labrador

New Principal Document – Hours of Service Regulations, 2023

First Effective Date: 1 December 2023
Industry Sector: Road Transportation

This document regulates the permissible hours of service for drivers of most commercial vehicles. It contains specific rules governing mandatory off-duty time, splitting of off-duty time when there is one driver or a team of drivers, and work cycles depending on whether a driver is driving south or north of the 60th parallel north, rules for deferral of off-duty time and working on ferries for drivers south of the 60th parallel north, and the calculation of working hours during an emergency or in adverse driving conditions. It also establishes a framework for applications for various classes of permits and regulates processes and equipment for the electronic logging of hours of service.

It replaces the existing Hours of Service Regulations.

Canada – Nunavut

New Principal Document – Tobacco and Smoking Regulations

First Effective Date: 31 May 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document establishes training and testing requirements for retailers of tobacco and smoking products and rules governing prohibitions on sales and advertising. It also sets out criteria for buffer zones in the vicinity of designated smoke-free places (such as workplaces) and for designated smoking structures.

Canada – Ontario

Amended Document – Oil, Gas and Salt Resources Act
Amending Document – Less Red Tape, Stronger Economy Act, 2023

First Effective Date: 8 June 2023
Industry Sector: General Industry

The amended document notably specifies:

• that the definition of “well” includes a hole drilled or in the process of being drilled in the ground for the purpose of a “special project” designated by the Minister;
• that a designation designating a project as a special project may be transferred with the Minister’s consent, subject to the fulfilment of prescribed requirements;
• the requirements for projects to be designated as special projects;
• the requirements that a person must meet when submitting a request to obtain a designation designating a project as a special project; and
• that the use of a well for a special project is only permitted if expressly authorized by a licence or permit associated with the well.

Canada – Quebec

Amended Document – An Act respecting labour standards
Amending Document – An Act respecting the regulation of work by children

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

The amended document notably specifies that:

• employers cannot hire children under the age of 14 unless authorized by government regulations and a written consent from the child’s parent or tutor;
• such written consent form must specify the child’s tasks, maximum weekly working hours, and periods of availability; and
• children cannot work for more than 17 hours per week or more than 10 hours from Monday to Friday, except during periods of more than 7 consecutive days when educational services are not offered to the child.

Amended Document – An Act respecting Occupational Health and Safety
Amending Document – An Act respecting the regulation of work by children

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

The amended document notably specifies that:

• prevention programs and action plans must identify and analyze risks to the health and safety of workers aged 16 and under;
• the functions of an establishment’s health and safety committee include the identification of the risks to the health and safety of workers aged 16 and under;
• the duties of an establishment’s safety representative include identifying situations that may be a source of danger for workers aged 16 and under, and making recommendations to the health and safety committee concerning tasks that should not be performed by them; and
• the duties of an establishment’s health and safety liaison officer include making recommendations on the identification of the risks that may affect workers aged 16 and under, and on tasks that should not be performed by them.

Amended Document – Agricultural Operations Regulation
Amending Document – Regulation to amend the Agricultural Operations Regulation

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

The amended document notably prohibits the spreading on a parcel of land of sludge derived from any wastewater treatment or collection system, including those from municipal or industrial wastewater treatment plants, de-inked sludge from pulp and paper mills when the product originates from outside of Canada, and any product containing sludge.

Amended Document – Pesticides Management Code
Amending Document – Regulation to amend the Pesticides Management Code

First Effective Date: 6 July 2023
Industry Sector: General Industry, Building Management & Maintenance

According to the government, the amended document notably–

• provides that any provision applying to a pesticide also applies to its active ingredients;
• updates the list of pesticides that are authorized for use in maintaining green areas, indoor plants, and in the vicinity of day care centres and schools;
• allows the application of pesticides along watercourses, in particular for research and experimental projects and to control certain plants which are toxic on contact, as well as certain invasive species,” and establish related reporting requirements;
• sets out requirements for applying pesticides containing specified active ingredients for the purpose of indoor plant maintenance;
• provides that “seeds coated with insecticides of the diamide Class” are subject to agronomic justification and prescription rules that currently apply to seeds coated with neonicotinoids;
• regulates “the planting of seeds coated with fungicides”; and
• creates different work classes of “work on green areas and work on golf courses” and accompanying different requirements for obtaining a permit for each class of work.

Amended Document – Regulation respecting permits and certificates for the sale and use of pesticides
Amending Document – Regulation to amend the Regulation respecting permits and certificates for the sale and use of pesticides

First Effective Date: 6 July 2023
Industry Sector: General Industry, Building Management & Maintenance

The amended document notably:

• clarifies that various grains coated with pesticides that are not biopesticides are included in Class 3A, and those grains coated with fungicides or biopesticides are included in Class 3B;
• removes the designation of Class 4 and Class 5 pesticides for certain domestic uses;
• establishes permit and certification classes for pesticide applications on golf courses;
• provides that “a pesticide used for personal use by a natural person” is exempted from specified permits requirements;
• sets out cases where a permit holder and certificate holder must notify the Minister and the mandatory content of said notification; and
• updates the pesticides that the holder of a Subclass B1 retail sale permit or certificate may deal in.

Amended Document – Regulation respecting biomedical waste
Amending Document – Regulation to amend the Regulation respecting biomedical waste

First Effective Date: 18 December 2023
Industry Sector: General Industry, Healthcare Industry

The amended document notably:

• requires that non-anatomical biomedical waste contaminated by cytotoxic agents or medications should not be treated by disinfection or incineration shipped to a facility that treats waste by disinfection or incineration, or shipped to a facility that stores biomedical waste;
• establishes efficiency requirements for treatments by disinfection;
• requires operators of specified biomedical waste generation sites, treatment or storage facilities to document and provide information on the shipment of biomedical waste to legally authorized facilities; and
• requires that biomedical waste contaminated by cytotoxic agents or medications must be shipped to a facility that either treats biomedical waste through incineration or stores biomedical waste.

Amended Document – Snow, road salt and abrasives management regulation
Amending Document – Regulation to amend the Snow, road salt and abrasives management Regulation

First Effective Date: 18 December 2023
Industry Sector: General Industry

The amended document notably specifies that:

• road salt and abrasives storage and handling centres must be designed to prevent run-off water from external areas from entering the facility;
• road salt and abrasives storage and handling centres must be equipped with a watertight collection system to gather water in contact with salt, abrasives, and equipment; and
• that the aforementioned gathered water is to be discharged notably to a water treatment system or a watertight basin or reservoir to minimize the release of contaminants into lakes or wetlands.

United States – Federal

New Principal Document – 43 CFR 3171 Approval of Operations

First Effective Date: 16 June 2023
Industry Sector: Oil & Gas Industry

According to its content, this document “[states] the application requirements for the approval of all proposed oil and gas and service wells, certain subsequent well operations, and abandonment.” It applies to all onshore oil and gas leases.

New Principal Document – 43 CFR 3172 Drilling Operations on Federal and Indian Oil and Gas Leases

First Effective Date: 16 June 2023
Industry Sector: Oil & Gas Industry

According to its content, this document details “uniform national standards for the minimum levels of performance expected from lessees and operators when conducting drilling operations on Federal and Indian lands (except Osage Tribe) and for abandonment immediately following drilling.” It applies to all onshore oil and gas leases.

New Principal Document – 43 CFR 3176 Onshore Oil and Gas Production: Hydrogen Sulfide Operations

First Effective Date: 16 June 2023
Industry Sector: Oil & Gas Industry

According to its content, this document “identifies the Bureau of Land Management’s uniform national requirements and minimum standards of performance expected from operators when conducting operations involving oil or gas that is known or could reasonably be expected to contain hydrogen sulfide (H₂S) or which results in the emission of sulfur dioxide (SO₂) as a result of flaring H₂S.” It applies to all onshore oil and gas leases “when drilling, completing, testing, reworking, producing, injecting, gathering, storing, or treating operations are being conducted in zones which are known or could reasonably be expected to contain H₂S or which, when flared, could produce SO₂, in such concentrations that upon release could constitute a hazard to human life.”

New Principal Document – 43 CFR 3177 Onshore Oil and Gas Production: Disposal of Produced Water

First Effective Date: 16 June 2023
Industry Sector: Oil & Gas Industry

According to its content, this document “[specifies] informational and procedural requirements for submittal of an application for the disposal of produced water, and the design, construction, and maintenance requirements for pits as well as the minimum standards necessary to satisfy the requirements and procedures for seeking a variance from the minimum standards.” It applies to “disposal of produced water from completed wells on Federal and Indian (except Osage) oil and gas leases.”

These four new chapters the guidance documents “Onshore Order 1—Approval of Operations; Onshore Order 2—Drilling Operations on Federal and Indian Oil and Gas Leases; Onshore Order 6—Hydrogen Sulfide Operations; and Onshore Order 7—Disposal of Produced Water”.

Amended Document – 40 CFR 372 Subpart D Specific Toxic Chemical Listings
Amending Document – Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory Beginning With Reporting Year 2023

First Effective Date: 24 July 2023
Industry Sector: Chemical Industry

The amended document adds nine per- and polyfluoroalkyl substances (PFAS) that are subject to toxic chemical release reporting. The list of substances is available here.

Amended Document – 40 CFR 2 Public Information
Amending Document – Confidential Business Information Claims Under the Toxic Substances Control Act (TSCA)

First Effective Date: 7 August 2023
Industry Sector: General Industry

The changes to this document are part of a suite of amendments governing confidential business information (CBI) claims for information given to or obtained by the government under the Toxic Substances Control Act (TSCA). According to the government, the effect of the changes is to “[finalize] specific procedures for submitting and supporting CBI claims under TSCA, including among other things: (1) substantiation requirements applicable at the time of submission; (2) electronic reporting requirements; (3) requirements to provide certification statements and generic names when making confidentiality claims; (4) treatment of information used for TSCA purposes that EPA has authority to require under TSCA but was originally submitted via other means; and (5) maintenance and withdrawal of confidentiality claims.”

Amended Document – 40 CFR 300 Subpart J Use of Dispersants and Other Chemicals
Amending Document – National Oil and Hazardous Substances Pollution Contingency Plan; Product Schedule Listing and Authorization of Use Requirements

First Effective Date: 11 December 2023
Industry Sector: General Industry, Public Administration & Institutions

According to the government, the effect of this change is to update requirements “that govern the use of dispersants, other chemicals and other spill mitigating substances when responding to oil discharges into jurisdictional waters of the United States.” Notably, it adds “new listing criteria, [revises] the efficacy and toxicity testing protocols, [clarifies] the evaluation schedule for removing products from the [National Oil and Hazardous Substances Pollution Contingency Plan] Product Schedule,” and updates “requirements for the authorities, notifications, and data reporting when using chemical or biological agents in response to oil discharges to […] jurisdictional waters and adjoining shorelines.”

40 CFR 300 Subpart A Introduction is also updated to revise definitions of the following terms that are “associated with the authorization of agent use, testing, and listing substances: “Bioremediation agents,” “Burning agents,” “Chemical agents,” “Dispersants,” “Sinking agents,” “Sorbents.”.

United States – New York

Amended Document – NYCRR Part 6-IV-B-360 Solid Waste Management Facilities General Requirements
Amending Document – Solid Waste Management Regulations

First Effective Date: 22 July 2023
Industry Sector: General Industry

This change is part of a series of amendments to New York’s solid waste management rules. The amended document, according to the government, notably:

• allows certain land-clearing debris landfills (that were registered prior to November 4) to continue to operate until their authorized disposal capacity is utilized;
• prohibits composting facilities, mulch processing facilities, and construction and demolition debris handling and recovery facilities from being located in any mine located on Long Island;
• allows only cannabis waste from manufacturing activities that has been rendered unrecoverable and beyond reclamation to be accepted at off-site processing and disposal facilities;
• adds criteria “to help determine when land placement of any material will require a nonspecific facility permit rather than a beneficial use determination (BUD)”;
• add a new pre-determined BUD for combined concrete and asphalt pavement used as aggregate;
• adds adjustments to case-specific BUD requirements for oil/gas brine or LPG brine used on roads;
• replaces the definition of “Excavated material” with “fill material” to encompass anything excavated for construction or maintenance (not mining), whether reusable as Fill or not;
• restructures various Fill reuse types; and
• adds a new pre-determined BUD “for grade adjustment using concrete, asphalt pavement, rock, or brick (CARB), and F1-designated material, F2-designated material, or F3-designated material outside Putnam County, Westchester County, or Long Island.”

Amended Document – NYCRR Part 6-IV-B-361 Material Recovery Facilities
Amending Document – Solid Waste Management Regulations

First Effective Date: 22 July 2023
Industry Sector: Other Industry

This change is part of a series of amendments to New York’s solid waste management rules. The amended document, according to the government, notably:

• removes upper throughput limit for registered Recyclables Handling and Recovery Facilities (RHRFs);
• requires a registration for land application of manure from concentrated animal feeding operations;
• requires a permit for the use of surface impoundments that store septage;
• requires certain groundwater monitoring and other groundwater protection procedures at certain composting facilities and mulch processing facilities on Long Island;
• “expands exemption to allow contractors who generated certain [construction and demolition debris] to manage those wastes under their ownership or control”;
• “[removes] the 500 ton per day limit for registered [construction and demolition debris handling and recovery facilities (CDDHRF)]”;
• “establishes registered facility that can accept combinations of [concrete, asphalt pavement, rock, or brick (CARB)] to match newly established [beneficial use determination]”;
• “establishes a new registered facility for storage of CARB and mixtures of CARB”;
• “requires most soil excavated as part of a construction or demolition project to only be received by permitted CDDHRFs, except for soil received directly from site of generation having no visual or other indication of contamination and not originating from within NYC unless the facility is owned or controlled by NYC”; and
• “reduces sampling frequency requirement for fill material with lower amounts of contaminants.”

United States – Ohio

Amended Document – OAC Chapter 3701:1-68 Industrial Radiation Equipment
Amending Document – OAC Chapter 3701:1-68 Industrial Radiation Equipment 2023-06-30 Amendments

First Effective Date: 30 June 2023
Industry Sector: General Industry, Building Management & Maintenance

The amended document notably:

• “[renames] the quality assurance program as the radiation protection program”;
• “[removes] a reference to physical copies of a practical examination for radiographers and radiographer assistants”;
• “[requires] individuals responsible for radiation protection to hold an associate’s degree in a related program or be qualified as an industrial radiographer, rather than complete two thousand hours of hands on experience and formal education addressing radiation protection programs”;
• “[removes] a requirement that radiation area surveys be conducted annually to instead reflect that radiation area surveys need only be conducted when conditions change, to correct a typo, and to update a reference”; and <li> streamline languages and update references within the rules.

Additional information is available here.

United States – Vermont

New Principal Document – VSA Chapter 10-5-164B Collection and Management of Household Hazardous Products

First Effective Date: 12 May 2023
Industry Sector: General Industry

This document prohibits the sale of household hazardous products without the seller/manufacturer’s participation in a stewardship organization implementing an approved collection plan. It contains rules concerning the registration of stewardship organizations, requirements for their collection plans, criteria for manufacturers to qualify for a stewardship organization, and reporting and recordkeeping requirements for stewardship organizations.

United States – Washington

New Principal Document – WAC Chapter 173-337 Safer Products Restrictions and Reporting

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

This document, according to the government, notably “creates reporting requirements and restrictions for manufacturers, distributors, and retailers of priority consumer products that contain priority chemicals. These include:

• “Per- and polyfluoroalkyl substances in aftermarket stain and water-resistance treatments, carpets and rugs, and leather and textile furnishings;
• “Ortho-phthalates in vinyl flooring and in personal care product fragrances;
• “Organohalogen flame retardants in electric and electronic products;
• “[Certain] flame retardants in recreational polyurethane foam; [and]
• “Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.”

It also “[addresses] existing stock, repair and replacement parts, refurbished products, and previously owned products.”

European Union

Amended Document – Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC
Amending Document – Directive (EU) 2023/959 of the European Parliament and of the Council of 10 May 2023 amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading system (Text with EEA relevance)

First Effective Date: 5 June 2023
Industry Sector: General Industry, Building Management & Maintenance

The amended document, according to the government, notably:

• includes maritime transport activities in the EU Emissions Trading System;
• introduces new obligations for maritime transport, such as the requirements for shipping companies in relation to the surrender of allowances;
• introduces conditions and requirements related to energy efficiency and greenhouse gas emissions reductions for certain installations, such as the reduction of free allocation allowances for installations that are obligated to conduct an energy audit or implement a certified energy management system but fail to implement the recommended measures as well as the relevant exceptions;
• revises Annex I to include new sectors and subsectors in relation to the categories of activities to which the amended document applies;
• introduces new rules for “emissions, greenhouse gas emissions permits, the issue and surrender of allowances, monitoring, reporting and verification in respect of the activity referred to in Annex III [which concerns the release for consumption of fuels used for combustion in buildings, road transport and additional sectors]”; and
• introduces provisions related to scientific advice and visibility of funding.

Australia – Victoria

Amended Document – Victorian Energy Efficiency Target Regulations 2018
Amending Document – Victorian Energy Efficiency Target Amendment (Code of Conduct) Regulations 2023

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

The amended document notably:

• introduces a new Code of Conduct section to specify the prescribed Code of Conduct and its requirements for the Victorian Energy Efficiency Target (VEET) scheme, such as the requirements to wear identification cards and to ensure that energy consumers receive statements of rights and obligations;
• updates provisions relating to the creation of certificates;
• updates regulatory references and certain definitions; and
• addresses contact restrictions to prohibit accredited persons or scheme participants involved in a lead generation or marketing activity for a prescribed activity from contacting the specified persons

Denmark

New Principal Document – Executive Order on quality requirements for environmental measurements

First Effective Date: 22 May 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document concerns the application and requirements for measurements and sampling related to environmental protection. It applies to various types of measurements, such as chemical, microbiological, and radioactive measurements, as well as noise measurements. The document also sets out the procedures for certification and recognition of professional qualifications and guidelines for self-inspection and self-monitoring by companies.

It replaces the Executive Order on quality requirements for environmental measurements. The new document notably revises the parameters and analysis requirements related to environmental measurements, such as measurements of groundwater, drinking water, wastewater, and swimming pool rinse water.

New Principal Document – Executive Order on road transport of dangerous goods

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

This document regulates the transportation of hazardous goods by road vehicles. According to its content, it applies to vehicles used for general traffic and also covers the loading, unloading, and handling of hazardous goods during transportation. Notably, it sets out provisions respecting the issuance of permits, documentation requirements, classification of dangerous goods, approval of vehicles and containers, packaging rules, education and training, complaint procedures, and the relevant penalties. Additionally, the appendices to the document also provide specific provisions for transitional provisions, waste transportation, and transport restrictions.

New Principal Document – Executive Order on technical certification and servicing of wind turbines etc.

First Effective Date: 1 July 2023
Industry Sector: Utilities & Communications Industry

This document, according to its content, concerns the safety of people, animals, and property during the installation, maintenance, and use of wind turbines, as well as compliance with noise emission requirements. It notably contains provisions regarding the certification of wind turbines, the obligation to report damage to the Danish Energy Agency, the requirements for companies involved in the service, maintenance, repair, or improvement of wind turbines, the requirements for companies certifying service companies, and the requirements for companies certifying wind turbines or wind turbine projects. The appendices to this document also provide additional details on technical standards with regard to safety and health, certification procedures, reporting requirements, and approval processes for various aspects of wind turbine operations.

Italy

New Principal Document – Decree-Law 4 May 2023, n. 48 Urgent measures for social inclusion and access to the world of work

First Effective Date: 5 May 2023
Industry Sector: Public Administration & Institutions

This document, as stated in its title, establishes urgent measures for social inclusion and access to the world of work. Notably, it sets out rules for special allowances for families with minors, disabled persons or with a member over 60 years of age, and training and employment support for other persons between 18 and 59 years of age.

It amends the Legislative Decree 9 April 2008, n. 81 Implementation of Article 1 of the Law of 3 August 2007, n. 123, concerning the protection of health and safety in the workplace to:

• require employers and executives to appoint a competent medical practitioner to carry out health surveillance where required by the risk assessment provided for in Article 28 of the amended document;
• add new responsibilities for competent medical practitioners, particularly in relation to the assessment of the fitness for work of new hires;
• require anyone who rents or allows the use of work equipment without an operator to obtain and retain in their records for the entire duration of the rental or use of the equipment a statement from the person who hires or uses the equipment (or that person’s employer) confirming that training and specific instruction have been provided in accordance with Title III of the amended document; and
• require employers who use certain equipment that requires specific knowledge to provide training and specific instruction to ensure the appropriate and safe use of the equipment.

Amended Document – Legislative Decree 3 April 2006, n. 152 Rules on the environment
Amending Document – Legislative Decree 23 December 2022, n. 213 Supplementary and corrective provisions to the legislative decree 3 September 2020, n. 116, implementation of directive (EU) 2018/851, which amends directive 2008/98/EC on waste and implementation of directive (EU) 2018/852, which amends directive 1994/62/EC on packaging and waste packaging

First Effective Date: 16 June 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The amended document contains extensive updates to the waste and packaging management rules. It notably:

• clarifies the requirements for the extended producer responsibility (EPR) system, such as
  • abolishing the possibility of setting up EPR regimes at the request of a party;
  • introducing the implementation of a system for product return after use; and
  • shifting the deadlines for submitting certain documents, such as statements for management activities, reports, plans, and information about achieved objectives, recovery and recycling targets, implemented collection and treatment methods, to earlier dates, replacing the previous October 31st deadline with a new May 31st deadline;
• promotes sustainable waste management practices that involve composting and reuse of organic waste;
• updates and inserts certain definitions, such as adding a definition for the inadvertently captured waste;
• clarifies certain provisions respecting the waste loading and unloading register;
• prohibits the incineration of separately collected waste unless there are specific circumstances where incineration is the most environmentally beneficial option;
• updates the process for conducting preparation for reuse operations on products or components that have been discarded as waste by specifying that within ninety days of the notification of starting the preparation for reuse activities, the provinces or metropolitan cities with jurisdiction can verify whether the requirements specified are fulfilled;
• addresses the management of packaging waste by updating certain definitions and establishing equivalent treatment requirements for packaging waste exported to non-EU countries as required by relevant directives and regulations;
• introduces deadlines for the submission of specific waste prevention and management programs and plans to the Ministry of Environment and the Protection of Land and Sea, as well as to the ISPRA (Italian National Institute for Environmental Protection and Research) by the adopted waste management systems;
• inserts the definitions and classifications of waste in Annex D of this document; and
• updates the transitional provisions, for example, by adding a new paragraph which requires the specified packaging labelling obligations for operators to come into force on January 1, 2023, and by clarifying the authorization procedures in the port area for waste management.

Peru

New Principal Document – Supreme Decree No. 003-2023-MINCETUR Supreme Decree approving the Regulations for Environmental Management in the Tourism Sector

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

This document concerns environmental protection and management in the tourism sector. It applies to both public and private entities involved in tourism activities. The document establishes, in particular, the guidelines for environmental management in the tourism sector, the responsibilities and environmental obligations of the holders of the tourism activities, the stages and procedures of the environmental impact assessment process of investment projects in the tourism sector, access to public environmental information, as well as the relevant rules regarding inspection and complaints.

Poland

Amended Document – Act of 13 June 2013 on the management of packaging and packaging waste
Amending Document – Act of 14 April 2023 amending the Act on the obligations of entrepreneurs with regard to the management of certain wastes and on the product fee and certain other acts

First Effective Date: 10 May 2023
Industry Sector: General Industry, Office Spaces

The amended document establishes certain new obligations for entities placing products in beverage packaging in the form of single-use plastic bottles with a capacity of up to three liters. Notably, the mentioned entities must:

• ensure that their plastic caps and lids contain at least 25% (from 2025) and 30% (from 2030) of certain recycled plastics;
• keep records for 5 years on the performance of the above-mentioned obligations;
• achieve an annual level of selective collection of packaging waste amounting to 77% (from 2025) and 90% (from 2029);
• keep records on the weight of bottles in which the beverages were placed on the market in a given calendar year and the weight share of recycled plastic in these bottles (broken down into bottles with polyethylene terephthalate as the main component and other bottles); and
• pay a production fee if they fail to comply with the above-mentioned obligations, calculated on the basis of specific rules set out in the document.

Amended Document – Act of May 11, 2001 on the obligations of entrepreneurs in the management of certain waste and the product fee
Amending Document – Act of 14 April 2023 amending the Act on the obligations of entrepreneurs with regard to the management of certain wastes and on the product fee and certain other acts

First Effective Date: 10 May 2023
Industry Sector: General Industry, Office Spaces

The amended document notably:

• specifies that the obligation of entrepreneurs to ensure the recovery (including recycling) of waste now applies to the same type of waste as that of the products listed in Annex 4a of the amended document and modify the rules for calculating the achieved levels of recovery;
• introduces the obligation for entrepreneurs (operating retail, wholesale or catering units, as well as packaging and offering products using vending machines) to charge a fee for offering the specified single-use plastic products and ensure the availability of alternative packaging;
• establishes the maximum amount of the aforementioned fee and the obligation for entrepreneurs to transfer all collected fees to a special bank account by March 15 of the year following the year in which they were collected;
• prohibits the placing on the market of certain single-use plastic products (listed in Annex 7 to the amended document) and products made of oxo-degradable plastics;
• ensures that certain single-use plastic products (listed in Annex 8 to the amended document) are labelled based on specific rules;
• introduces an obligation for entrepreneurs who place on the market certain single-use plastic products (listed in Sections I and III of Annex 9 to the amended document) to pay a special waste management fee, and prescribe the related record-keeping and reporting obligations;
• introduces an obligation for entrepreneurs who place on the market the fishing gears containing plastic to finance the costs of the selective collection of certain fishing gears and the costs of their transport and processing, as well as an obligation to achieve the minimum annual level of collection for the purpose of recycling such fishing gears that constitutes waste;
• broadens the list of persons to be included in the special register, which was established on the basis of the Act on Waste of 14 December 2012, and set the relevant obligations for persons to be included in the register;
• oblige entrepreneurs who place on the market certain single-use plastic products and fishing gears containing plastics to finance public education campaigns; and
• revise Annexes 6-10 to the amended document, which contains lists of various single-use plastic products.

United Kingdom

Amendment – The Environmental Permitting (England and Wales) Regulations 2016
Amending Document – The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023

First Effective Date: 2 October 2023
Industry Sector: General Industry, Building Management & Maintenance

The amended document notably updates provisions respecting the management and protection of groundwater quality. According to the Government of the United Kingdom, it:

• updates and inserts certain definitions, for example, the definitions for “pollutant” and “groundwater mobile plant”;
• allows environmental permits related to hydrocarbon exploration, extraction, or activities involving a hydrocarbon formation to be surrendered by notifying the Environment Agency;
• exempts certain closed-loop ground source heating and cooling systems and low-environmental-risk burials at new cemeteries or new extensions of cemeteries from the prohibitions in section 33(1)(a) of the Environmental Protection Act 1990 on unauthorized deposit of waste, subject to specified conditions;
• clarifies the liability of sewerage undertakers resulting from the discharge of sewage effluent from public sewers; and <li>updates rules respecting certain groundwater activities.

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 550,000 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 100,000 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.

Audit and Inspection Software

• 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.