By: Sydney Sybydlo
Here are a few noteworthy global EHS regulatory changes in July 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 – Alberta
- Canada – British Columbia
- Canada – Manitoba
- Canada – New Brunswick
- United States – Federal
- United States – Maine
- United States – North Carolina
- United States – Utah
- European Union
- Belgium
- Denmark
- France
- Luxembourg
- Germany
- New Zealand
- South Africa
- United Kingdom
- China
Canada – Federal
Amended Document – Greenhouse Gas Pollution Pricing Act
Amending Document – Regulations Amending Part 1 of Schedule 1 to the Greenhouse Gas Pollution Pricing Act and the Fuel Charge Regulations
Amending Document – Regulations Amending Part 1 of Schedule 1 to the Greenhouse Gas Pollution Pricing Act and the Fuel Charge Regulations, No. 2
First Effective Date: 12 December 2022
Industry Sector: General Industry
The amended document makes fuel charges established therein applicable in Nova Scotia, Prince Edward Island, and Newfoundland.
Effective 1 May 2023, the fuel charges are applicable in New Brunswick.
New Principal Document – CSA N285.0:23/CSA N285.6 SERIES:23 General requirements for pressure-retaining systems and components in CANDU nuclear power plants/Material Standards for reactor components for CANDU nuclear power plants
First Effective Date: 4 July 2023
Industry Sector: Utilities & Communications Industry
This document establishes general requirements for pressure-retaining systems and components in CANDU nuclear power plants, as well as material standards for reactor components in these power plants. It notably outlines rules for the construction, in-service inspection, modification, repair, and replacement activities of these systems and components.
Canada – Alberta
New Principal Document – Ministerial Order 26/2023 Fire Control Order: Fire Restriction
First Effective Date: 6 July 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This order suspends all fire permits and prohibits outdoor fires, fireworks, and exploding targets on all public and privately owned land within specified fire control zones, with certain exceptions.
Canada – British Columbia
Amended Document – Forest Planning and Practices Regulation
Amending Document – Proclamation of the Forest and Range Practices Amendment Act, 2019, S.B.C. 2019, sections 1 (a), 5, 6, 10-13, 29, 30, 34, 35, 38, 39, 41, 43, 48-57; Administrative Orders and Remedies Regulation […] 2023-06-27 Amendments
First Effective Date: 26 June 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
Certain changes made by the Forest and Range Practices Amendment Act, 2019 have taken effect. Those changes notably:
- provide that interpretive forest sites, recreation sites, and recreation trails are considered “resource features”;
- remove provisions indicating whether a person has the prescribed qualifications to confirm the validity of information in a forest stewardship plan;
- require forest stewardship plan holders to submit plan amendments to the government for approval “if a forest development unit included in the plan is affected by the establishment, variation or cancellation of” specified objectives; and
- add requirements governing the preparation, content, and publication of forest operations maps by forest stewardship plan holders.
Amended Document – Greenhouse Gas Emission Control Regulation
Amending Document – Proclamation of the Budget Measures Implementation Act, 2023, s. 41 (d), (e), (f) and (h); Greenhouse Gas Emission Control Regulation 2023-07-11 Amendments
First Effective Date: 7 July 2023
Industry Sector: General Industry
Certain changes made by the Budget Measures Implementation Act, 2023 have taken effect. Those changes notably—
- update definitions of “emissions reduction”, “project emissions”, “project removals”, and “removals enhancement” to include, in relation to a monitoring report, baseline emissions for a monitoring report period minus project emissions;
- introduce provisions for calculating the amount of impaired project reduction for reporting and monitoring periods;
- add to the list of information required in project reports for certain projects;
- require the project report and verification statement for a sequestration project to cover the project report periods to which the application relates; and
- add to the list of information required in monitoring reports for sequestration projects.
Amended Document – Hazardous Waste Regulation
Amending Document – Hazardous Waste Regulation 2023-07-11 Amendments
Published Date: 1 August 2023
Industry Sector: General Industry, Chemical Industry, Building Management & Maintenance
The changes to the document generally concern the management of e-waste (“hazardous waste that is in the electronic and electrical product category”) and moderate-risk waste (hazardous waste generated from specified products and hazardous waste in a product category other than e-waste and pharmaceutical waste), and notably–
- add various definitions concerning electronic hazardous waste and moderate-risk waste;
- provide that waste lead-acid batteries and certain mercury-containing waste lightbulbs are not considered “hazardous waste”;
- clarify that “return collection facilities” may collect moderate-risk waste and other hazardous waste;
- allow a shipping document to be used in lieu of a manifest for the shipment of moderate-risk waste;
- introduce rules governing
- the management of e-waste, including requirements for contingency plans and shipment records,
- the treatment of mercury-containing waste lightbulbs, appliances containing refrigerants, lead-acid batteries, and pharmaceutical waste,
- the operation of facilities for moderate-risk waste and other waste, including prohibitions, contingency and operational plan requirements; and
- the handling of moderate-risk waste by return collection facilities;
- revise the maximum amount of all categories of household waste authorized for storage at any one time;
- update various requirements for return collection facilities, with certain exceptions;
- introduce requirements that “apply to the management of hazardous waste in a return collection facility”;
- clarify what documents are required, and what they must contain, for shipments of moderate-risk waste; and
- add rules governing ignitable or reactive waste, unlabelled or unknown waste, returns to retail return collection facilities, temporary collection events, consolidation site facilities, generating and accepting moderate-risk wastes.
New Principal Document – Petroleum and Natural Gas Storage Reservoir Regulation
First Effective Date: 17 July 2023
Industry Sector: Oil & Gas Industry
This document sets out the information required in applications for storage reservoir exploration licences and storage reservoir licences. It also contains requirements for the government and regulates the minimum depth of storage reservoir licence locations in subject areas and the term, fees, and rent applicable to storage reservoir licences.
It replaces the Petroleum and Natural Gas Storage Reservoir Regulation.
New Principal Document – Ecological Reserve Regulation
First Effective Date: 18 July 2023
Industry Sector: General Industry
This document restricts the use and occupation of specified ecological reserves in the province without a relevant permit, with certain exceptions for non-disruptive transit and travel. It sets out the information that must be included in an application for a permit authorizing the use and occupation of an ecological reserve and prohibits specific activities within ecological reserves.
It replaces the Application of Park Legislation to Ecological Reserves Regulation and the Ecological Reserve Regulations.
New Principal Document – Single-Use and Plastic Waste Prevention Regulation
First Effective Date: 20 December 2023
Industry Sector: General Industry
This document generally prohibits the sale and distribution of packaging and single-use products composed of oxo-degradable plastic and shopping bags, with certain exceptions, particularly for food service accessories. It also contains recordkeeping requirements for authorized uses of shopping bags and single-use food service accessories.
Canada – Manitoba
New Principal Document – Manitoba Building Code
First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance
This code adopts by reference, with amendments, the design and construction requirements of the National Building Code of Canada 2020.
It replaces a previous Manitoba Building Code.
New Principal Document – Manitoba Energy Code for Buildings
First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance
This code adopts by reference, with amendments, the design and construction requirements of the National Energy Code of Canada for Buildings 2020.
It replaces a previous Manitoba Energy Code for Buildings.
New Principal Document – Manitoba Plumbing Code
First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance
This code adopts by reference, with amendments, the design and construction requirements of the National Plumbing Code of Canada 2020.
It replaces a previous Manitoba Plumbing Code.
New Principal Document – Manitoba Fire Code
First Effective Date: 1 January 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This code adopts by reference, with amendments, the design and construction requirements of the National Fire Code of Canada 2020.
It replaces a previous Manitoba Fire Code.
Canada – New Brunswick
Amended Document – General Regulation – Gasoline and Motive Fuel Tax Act
Amending Document – General Regulation – Gasoline and Motive Fuel Tax Act 2023-06-29 Amendments
First Effective Date: 1 July 2023
Industry Sector: General Industry, Public Administration & Institutions
The amended document notably removes references to (and regulation of) carbon-emitting products.
United States – Federal
New Principal Document – 40 CFR 80 Subpart E Biogas-Derived Renewable Fuel
First Effective Date: 11 September 2023
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry
This document regulates biogas-derived renewable fuels and contains general provisions (applicability, scope), requirements for producers of biogas and renewable natural gas (RNG), and RNG Renewable Identification Number (RIN) separators. It also establishes registration, reporting, and recordkeeping requirements for biogas-derived renewable fuels.
Biogas rules were previously contained in 40 CFR 80 Subpart M Renewable Fuel Standard, but have been moved to this document.
Amended Document – 29 CFR 1904 Subpart E Reporting Fatality, Injury and Illness Information to the Government
Amending Document – Improve Tracking of Workplace Injuries and Illnesses
First Effective Date: 1 January 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
According to the government, the amended document notably “[requires] establishments with 100 or more employees in certain designated industries to electronically submit [injury and illness] information from their [Occupational Safety and Health Administration (OSHA)] Forms 300 and 301 to OSHA once a year […] Establishments will [also] be required to include their company name when making electronic submissions to OSHA.”
Amended Document – 40 CFR 704 Subpart B Chemical-Specific Reporting and Recordkeeping Rules
Amending Document – Asbestos; Reporting and Recordkeeping Requirements Under the Toxic Substances Control Act (TSCA)
First Effective Date: 24 August 2023
Industry Sector: Chemical Industry
According to the government, the amended document establishes “a one-time reporting requirement” for “certain persons who manufactured (including imported) or processed asbestos and asbestos-containing articles, including as an impurity, in the four years prior to [this change] to electronically report certain exposure-related information,” including “presence, types, and quantities of asbestos (including asbestos that is a component of a mixture) and asbestos-containing articles that were manufactured (including imported) or processed, types of use, and employee data.”
United States – Maine
Amended Document – MRS Chapter 26-7 Employment Practices
Amending Document – An Act to Make Agricultural Workers and Other Related Workers Employees Under the Wage and Hour Laws
First Effective Date: 22 July 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
According to the government, the amended document “provides that agricultural employees and seasonal farm employees are subject to the laws that place limits on mandatory overtime. It also provides that agricultural employees are subject to the laws that set a minimum wage and overtime rate. It provides that the laws that set an overtime rate apply to certain activities related to agricultural produce, meat and fish products and perishable foods. [Finally, it] phases in overtime pay for individuals employed in agriculture and certain activities related to agriculture.”
United States – North Carolina
Amended Document – NCGS Article 130A-9 Solid Waste Management
Amending Document – An Act to (I) Limit Cities and Counties from Prohibiting Consumer Choice of Energy Service Based upon the Type or Source of Energy to Be Delivered and (II) Require Responsible Decommissioning of Newly Sited Utility-scale Solar Projects upon Cessation of Operations.
First Effective Date: 26 June 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document notably introduces rules governing the decommissioning of utility-scale solar projects. It establishes minimum mitigative/restorative requirements, a requirement to submit a decommissioning plan (and the contents of such a plan), financial assurance requirements, and registration requirements.
Amended Document – NCGS Article 130A-11 Wastewater Systems
Amending Document – An Act to Amend the Statutes Governing On-site Wastewater Systems, to Make Certain Nc On-site Wastewater Contractors and Inspectors Certification Board Changes, to Direct the Building Code Council to Create an On-site Wastewater Existing System Affidavit, to Make Certain Wastewater Electrical Changes, to Make Certain Changes to Private Drinking Water Well Building Inspection and Installation, to Prohibit Forced Sewer Connections in Certain Situations, and to Establish a Registered Environmental Health Associate Certification under the State Board of Environmental Health Specialist Examiners.
First Effective Date: 10 July 2023
Industry Sector: General Industry, Building Management & Maintenance
According to the government, the effect of this change is notably to:
- “clarify the scope of site conditions with respect to a professional engineer or [Authorized On-site Wastewater Evaluator (AOWE)]’s existing authority to delay construction until the site conditions can be determined to include soil wetness, grading or landscaping that damages the soil evaluation, soil compaction, and landscape position”;
- “provide that proposed on-site wastewater systems submitted to the [government] for approval […] do not need to comply with rules requiring State review for certain large and industrial process wastewater systems”;
- “remove a requirement that the access device for a septic tank be visibly marked”; and
- make various changes to the Engineered Option Permit (EOP) and AOWE on-site wastewater system approval processes.
United States – Utah
New Principal Document – UAC Rule R307-315 NOx Emission Controls for Natural Gas-Fired Boilers 2.0-5.0 MMBtu
First Effective Date: 10 July 2023
Industry Sector: General Industry, Building Management & Maintenance
This document, according to its content, “establishes maximum emission thresholds for the emissions of oxides of nitrogen (NOx) for new or modified natural gas-fired boilers” with specified total rated heat inputs. It also notably provides certain recordkeeping requirements.
UAC Rule R307-316 NOx Emission Controls for Natural Gas-Fired Boilers Greater Than 5.0 MMBtu, which takes effect on the same day, governs natural gas-fired boilers greater than 5.0 Metric Million British Thermal Units (MMBtu).
European Union
First Effective Date: 19 July 2023
Industry Sector: General Industry, Building Management & Maintenance
This document is addressed to economic operators of machinery and related products, such as manufacturers, importers, and distributors, as well as to persons, including workers, who use or install such machinery or related products. According to its content, it notably “lays down health and safety requirements for the design and construction of machinery, related products and partly completed machinery to allow them to be made available on the market or put into service while ensuring a high level of protection of the health and safety of persons, in particular consumers and professional users, and, where appropriate, of domestic animals and property, and, where applicable, of the environment.” This document also sets out provisions for the free movement of products.
Belgium
New Principal Document – Royal Decree regulating fumigations and defumigations
First Effective Date: 1 July 2023
Industry Sector: General Industry, Building Management & Maintenance
This document establishes a comprehensive set of rules governing fumigations, including restrictions on products that can be used for fumigations, required security measures, mandatory equipment, rules for emergency situations, and rules dealing with fumigations of specific spaces (e.g., boats, farms).
It replaces the Royal Decree regulating fumigations. The new document notably:
- modifies which fumigation agents may be used;
- requires the creation of a gasification work plan based on occupational health and safety risk analysis;
- subjects under-tarp fumigations to the general rules on fumigations, in addition to setting specific rules for such fumigations;
- adds new rules concerning the disinfection of soil;
- adds new requirements concerning the defumigation of shipping containers coming from abroad; and
- requires that the director of fumigation be accompanied by a duly qualified fumigation assistant for certain tasks.
Additional information is available here.
Denmark
New Principal Document – Executive Order on the layout of permanent workplaces
First Effective Date: 1 July 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document applies to all workplaces where work is performed for employers, with certain exceptions. It notably sets out requirements for the planning and design of the workplace, such as the design of the workplace to ensure safety and health, taking into account both the individual and overall assessment of the working environment, and covers requirements for various aspects relating to the design and layout of buildings, facilities, workstations and installations, such as proper working procedures, the use of appropriate materials, the avoidance of harmful substances, adequate insulation, the provision of fire extinguishers and first aid equipment, the provision of traffic routes and escape routes, ventilation, lighting, temperature conditions, maintenance, cleaning and the provision of welfare facilities for employees.
It replaces the BEK nr 96 – Executive Order on Establishment of Permanent Workers. The new document notably provides more precise requirements for ventilation in workrooms, covering aspects such as air renewal, mechanically supplied outside air, pollution removal, and recirculation; and clarifies that infringement can be attributed to one or more persons associated with the company or the company as such.
New Principal Document – Executive Order on asbestos in the working environment
First Effective Date: 1 July 2023
Industry Sector: General Industry, Building Management & Maintenance
This document concerns asbestos in the work and the prevention of exposure to asbestos dust. It notably covers provisions respecting workplace assessment, preliminary investigation for demolition, repair and maintenance, the preparation of a work plan and notification of asbestos works, measures for demarcation and signage of work areas, use of personal protective equipment, occupational hygiene measures, handling of asbestos-containing waste, training and instruction, the registration of asbestos-containing materials used inside the building, measurement of asbestos fibers in the air, as well as health examinations.
New Principal Document – Executive Order on measures to prevent the risk of cancer when working with substances and materials
First Effective Date: 1 July 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document concerns the handling of substances, materials, and work processes that are considered hazardous or that may pose a risk of cancer to safety and health in the workplace. It prohibits the production and use of certain substances and materials, as well as the performance of work with these substances in employees’ homes; provides rules for the substitution of hazardous substances or materials with safer alternatives; establishes requirements for workplace assessments and preventive measures, such as training and instruction, work processes, limits and measurement programs, ventilation, personal protection, and welfare measures.
New Principal Document – Executive Order on competence orders
First Effective Date: 1 July 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document sets out provisions to address and prevent work environment problems. It notably emphasizes the importance of necessary expertise and specifies specific duties for employers and builders who receive competence orders, covering various aspects of the work environment, such as psychosocial areas, ergonomic conditions, biological agents, chemicals, physical factors like noise and acoustics, handling of goods, work in explosive atmospheres, and health and safety planning. Additionally, it provides rules for the provision of feedback and documentation to the Danish Working Environment Authority and sets out rules for investigations and reports conducted by external and internal consultancy companies.
It replaces the Executive Order on competence injunctions. The new document notably requires employers to utilize necessary expertise when Danish Working Environment Authority issues orders to address deficiencies in work plans for the safe demolition of asbestos-containing materials.
France
First Effective Date: 18 June 2023
Industry Sector: Finance & Insurance Industry
This document applies only to credit institutions and finance companies. It concerns the loan underwriting government program under which companies and individuals can obtain an interest-free loan from a credit institution or finance company for the purchase of an electric vehicle or the upgrade of a combustion-engine vehicle into an electric vehicle program called the PTZ-m (“prêt à taux zéro mobilité”). The document establishes an obligation for credit institutions and finance companies such that if they wish to issue PTZ-m loans, to sign an agreement with the government that follows the model set out in the document.
Additional information is available here (French only).
Germany
New Principal Document – Ordinance on the quality of water intended for human consumption (Drinking water ordinance – TrinkwV)
First Effective Date: 24 June 2023
Industry Sector: General Industry, Building Management & Maintenance
This document lays down regulations on the quality and safety of drinking water. It notably covers various aspects related to the quality of drinking water, water supply systems, water treatment, obligations for water testing, risk management, authorized testing facilities, monitoring and reporting obligations, hazard prevention, and penalties for non-compliance. The document also sets out certain microbiological, chemical, and radiological standards for ensuring drinking water quality.
The Drinking Water Ordinance is also repealed by the Second ordinance to amend the Drinking Water Ordinance (TrinkwVEV 2023 kaAbk. ). The new document, according to the German government, restructures the old document and incorporates a set of measures from the European Drinking Water Directive, such as:
- introducing mandatory risk assessment and risk management for the entire water supply chain, from the catchment area to the consumer;
- setting out requirements regarding investigation obligations and the investigation plan;
- introducing new chemical and microbiological parameters (e.g., microcystin-LR and bisphenol A);
- tightening certain limit values (e.g., lead and arsenic);
- introducing new information, monitoring and reporting obligations; and
- introducing new requirements for drinking water installations (e.g., mandatory replacement or removal of lead pipes in water supply systems).
Luxembourg
Amended Document – Labor Code Book III Title I Chapter II. – Employer obligations
Amending Document – Law of June 28, 2023 amending the French Labor Code to introduce a system relating to the right to disconnect.
First Effective Date: 4 July 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document requires employers to adopt a policy ensuring that employees have the right to disconnect from such digital tools outside their work hours and to set related requirements and rules. The change applies to employers whose employees use “digital tools” (such as computers or smartphones) in their work.
New Zealand
New Principal Document – Resource Management (Freshwater Farm Plans) Regulations 2023
First Effective Date: 1 August 2023
Industry Sector: Agricultural Industry, Animal Production & Aquaculture Industry
This document concerns the requirement that certain farms prepare and follow a “freshwater farm plan” which identifies and addresses potential impacts of their operations on freshwater ecosystems, under the Resource Management Act. The document establishes specific requirements related to such plans, including requirements for the contents of the plan, a requirement that the plan be certified in certain circumstances, auditing of the execution of the plan, and information that is required to be given to a government regulator.
Additional information is available here.
South Africa
New Principal Document – National Environmental Management: National Biodiversity Offset Guideline
First Effective Date: 23 June 2023
Industry Sector: General Industry, Building Management & Maintenance
This document publishes the national biodiversity offset guideline in the terrestrial and freshwater realms for implementation. According to its content, it mainly specifies the circumstances under which biodiversity offsets are required, establishes the biodiversity offset principles, specifies the biodiversity offset process in the context of environmental authorisation (EA) application, and the biodiversity offset requirements.
Additional information is available here.
United Kingdom
Amended Document – The Packaging Waste (Data Reporting) (England) Regulations 2023
Amending Document – The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023
First Effective Date: 30 June 2023
Industry Sector: General Industry
The amended document, according to the Government of the United Kingdom, notably “[makes] further provision clarifying when a brand owner is a producer in relation to packaging, [assigns] responsibility for certain packaging to packer/fillers, rather than brand owners, and to importers, and [makes] further provision in relation to offences.”
New Principal Document – The Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023
First Effective Date: 17 July 2023
Industry Sector: General Industry
This document, according to the Government of the United Kingdom, “impose[s] requirements on producers who are established in Wales to collect data on the packaging they supply to others, and, in some cases, to report some of that information to Natural Resources Wales.” In particular, it sets out the obligations of producers, the information that producers must collect and report, provisions for registered schemes and exemptions from data reporting requirements for certain producers who are members of a registered scheme, rules for mid-year changes in scheme membership, and offenses and penalties for breaches of the requirements.
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.
- 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.
