By: Sydney Sybydlo
Here are a few noteworthy global EHS regulatory changes in September 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 – British Columbia
- Canada – Nova Scotia
- United States – Federal
- United States – California
- United States – Maine
- United States – Washington
- European Union
- Australia – Victoria
- Ireland
- New Zealand
- Suriname
- Thailand
- Turkey
- United Kingdom
- China
Canada – British Columbia
Amended Document – Energy Resource Activities Act (formerly the Oil and Gas Activities Act)
Amending Document – Proclamation of the Energy Statutes Amendment Act, 2022, s. 1, 2 (a), (b), (d)-(i), (iii), 3, 4, 6, 8-10, 12-20, 22, 24, 26-28, 30, 32-34, 36, 40, 52, 53, 55, 56, 60-66, 69, 70, 73-76
First Effective Date: 1 September 2023
Industry Sector: Oil & Gas Industry
The amended document’s title has been updated to the “Energy Resource Activities Act”. The changes also replace the Oil and Gas Commission with the British Columbia Energy Regulator and revise their composition and rules applicable to the Regulator. They also provide that the document does not apply to prescribed “energy resource activities”, as defined and expand responsibility for energy resource activities to various persons with an interest in said activity.
Canada – Nova Scotia
New Principal Document – Green Choice Program Regulations
First Effective Date: 29 August 2023
Industry Sector: General Industry, Building Management & Maintenance
This document sets out the parameters of Nova Scotia’s Green Choice Program, which, according to the government, “[allows participating customers to purchase up to 100% of their electricity use from local renewable energy sources.” It contains eligibility and application requirements, rules governing the procurement of renewable low-impact electricity and power purchase agreements, the terms and conditions of subscriptions in the Green Choice Program, and related reporting requirements.
United States – Federal
Amended Document – Definition of Waters of the United States
Amending Document – Revised Definition of “Waters of the United States”; Conforming
First Effective Date: 8 September 2023
Industry Sector: General Industry
According to the government, the amended document’s definition of “waters of the United States” is revised by removing “the phrase ‘including interstate wetlands'” and “the significant nexus standard” from provisions concerning tributaries, adjacent wetlands, and intrastate lakes and ponds, streams, or wetlands.
New Principal Document – 48 CFR 223 Subpart 223.74 Prohibition on Procurement of Certain Items Containing Perfluoroalkyl or Polyfluoroalkyl Substances
First Effective Date: 1 October 2023
Industry Sector: General Industry
This document prohibits the procurement of aqueous film-forming foam (a fire-fighting agent) containing a specified amount of perfluoroalkyl or polyfluoroalkyl substances (known as PFAS), with exemptions for certain ocean-going vessels.
Amended Document – 49 CFR 172 Subpart B Table of Hazardous Materials and Special Provisions
Amending Document – Hazardous Materials: Suspension of HMR Amendments Authorizing Transportation of Liquefied Natural Gas by Rail
First Effective Date: 31 October 2023
Industry Sector: General Industry
The amended document, according to the government, suspends “authorization of liquefied natural gas (LNG) transportation in rail tank cars”.
United States – California
Amended Document – CCR Chapter 13-3-9 Off-Road Vehicles and Engines Pollution Control Devices
Amending Document – In-Use Off-Road Diesel-Fueled Fleets Regulation
First Effective Date: 1 October 2023
Industry Sector: General Industry
The amended document, according to the government, “[phases] out of the oldest and highest–emitting off–road engines (Tier 0, 1, and 2) from operation in California,” “[restricts] the addition of vehicles with Tier 3 and 4 interim engines,” “[requires] contracting entities to obtain and retain a fleet’s valid Certificate of Reported Compliance prior to awarding a contract or hiring a fleet,” “[mandates] the use of fuel that is 99 or 100 percent renewable diesel for all fleets, with some limited exceptions,” and “[provides] voluntary compliance flexibility options for fleets that adopt zero–emission technology.”
Amended Document – HSC Chapter 20-6.5 Hazardous Waste Control
Amending Document – An act to amend Sections 25143.9, 25143.10, 25201.16, 25270.4.5, 25270.6, 25270.12.1, 25281.5, 25281.6, 25284.1, 25404.1.1, 25505, 25507, 25534, and 25536 of the Health and Safety Code, relating to hazardous materials.
First Effective Date: 1 January 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document notably “[clarifies] the requirements for when a recyclable material can be excluded from classification as a waste,” updates reporting requirements for generators of and other persons who accumulate, manage, or recycle 100 kilograms or more of a material in any month, and updates the definition of “aerosol can” to “conform to changes in federal requirements.”
United States – Maine
New Principal Document – CMR Chapter 02-658-14 Propane and Natural Gas Containers, Dispensers, and Piping
First Effective Date: 16 September 2023
Industry Sector: General Industry, Building Management & Maintenance
This document, according to the government, describes “necessary safety controls, devices and standards for the reduction of fire hazards associated with propane and natural gas storage and transfer equipment used in residential, commercial and industrial applications.”
United States – Washington
Amended Document – WAC Chapter 296-96 Safety Regulations and Fees for All Elevators, Dumbwaiters, Escalators and Other Conveyances
Amending Document – WAC Chapter 296-96 Safety Regulations and Fees for All Elevators, Dumbwaiters, Escalators and Other Conveyances 2023-08-22 Amendments
First Effective Date: 2 October 2023
Industry Sector: General Industry, Building Management & Maintenance
The amended document, according to the government, adopts new safety codes for elevators and other conveyances from ASME A17.1-2019/CSA B44:19 – Safety code for elevators and escalators (Binational standard with ASME A17.1).
European Union
New Principal Document – Commission Decision (EU) 2023/1809 of 14 September 2023 establishing the EU Ecolabel criteria for absorbent hygiene products and for reusable menstrual cups (notified under document C(2023) 6024) (Text with EEA relevance)
First Effective Date: 22 September 2023
Industry Sector: General Industry
This document establishes criteria for absorbent hygiene products to reflect best practices and market demand for sustainable products. The criteria promote the use of paper or cardboard packaging as an alternative to plastic and encourage packaging with recycled content. It outlines legal requirements for products to be placed on the market and the need for suppliers to provide supporting information for verification of compliance.
The document also sets limits on the quantity of waste generated during manufacturing and packaging that can be sent to landfill or incineration without energy recovery and lists several hazard classes, categories, and associated hazard statement codes that are excluded from the manufacturing process. It requires applicants to provide a signed declaration of compliance, supported by relevant documentation and safety data sheets and requires fitness for use testing and consumer satisfaction testing for the products. It also requires applicants to publish findings related to labor rights and fair wages in the manufacturing process.
Australia – Victoria
Amended Document – Electricity Safety Act 1998
Amending Document – Energy Legislation Amendment (Energy Safety) Act 2023
Published Date: 22 August 2023 (comes into force on Proclamation)
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document will notably:
- include and update certain definitions, such as inserting the definition of “declared installation” and revising the existing definitions of “bushfire mitigation plan”;
- set out provisions with respect to the declaration of certain owners and operators of electrical installations;
- establish payment requirements for transmission companies and declared owners or operators;
- specify general duties of owners and operators of complex electrical installations and railways;
- increase the maximum penalty for certain offences;
- require major electricity companies to submit a revised electricity safety management scheme to Energy Safety Victoria;
- set out requirements respecting the electricity safety management schemes and bushfire mitigation plans;
- require voluntary electricity safety management scheme operators to prepare a revised electricity safety management scheme every 5 years; and
- establish requirements on the “preservation of serious electrical incident sites”.
Amended Document – Gas Safety Act 1997
Amending Document – Energy Legislation Amendment (Energy Safety) Act 2023
Published Date: 22 August 2023 (comes into force on Proclamation)
Industry Sector: General Industry, Building Management & Maintenance
The amended document will, according to its content, notably:
- increase the maximum penalty for certain offences;
- require gas companies to preserve the sites of gas incidents;
- require gas companies to submit a revised safety case for a facility of the company to Energy Safe Victoria;
- specify “the period within which things seized by inspectors must be returned”;
- set out provisions with respect to the “acceptance and enforcement of written undertakings”; and
- establish the period within which proceedings may be brought for offences against the amended document or regulations made under the amended document.
Amended Document – Building Regulations 2018
Amending Document – Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023
First Effective Date: 26 September 2023
Industry Sector: General Industry, Building Management & Maintenance
The amended document, according to the Victorian government, notably “[enables]:
- “Delayed implementation for energy efficiency, condensation management and livable housing requirements until 1 May 2024. Until then, practitioners may continue to use relevant NCC (National Construction Code) 2019 requirements.
- “Regulatory integration of the latest fire safety sprinkler standards referenced in the Victorian Schedule 10 to NCC 2022 Volume One.
- “Removal of duplicated requirements for bushfire protection for Class 9 buildings.
- “Updated references to reflect the new clause referencing system of the NCC 2022.”
Amended Document – Dangerous Goods (Transport by Road or Rail) Regulations 2018
Amending Document – Dangerous Goods (Transport by Road or Rail) and (Storage and Handling) Amendment Regulations 2023
First Effective Date: 1 October 2023
Industry Sector: General Industry
The amended document, according to the Victorian government, “[aligns itself] with the Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail”. Notably, it:
- updates and introduces certain definitions, such as the introduction of the definition of “intermediate packaging” and the revision of the definition of “packaging”;
- updates the reference to tank;
- specifies the criteria for goods to be considered dangerous and subject to these regulations;
- requires persons responsible for loading dangerous goods onto a vehicle to consider not only whether the packaging is damaged or defective, but whether it is damaged or defective to the extent that it is unsafe for the transport of the goods; and
- updates the requirements for manufacturers to attach compliance plates to various types of portable tanks and containers used for the transport of dangerous goods.
Ireland
New Principal Document – Merchant Shipping (Health and Safety General Duties and Reporting of Marine Incidents) Regulations 2023
First Effective Date: 5 September 2023
Industry Sector: Water Transportation Industry
This document, according to the Irish government, establishes “the general obligations placed on the owner and master in relation to occupational health and safety onboard ships and provide[s] for the appointment of safety officials by the ship’s owner, and safety representatives appointed by the ship’s crew on board a ship registered in the State, other than fishing vessels, non-sea-going vessels and pleasure craft.” The document also specifies the duties of crew members to take reasonable care of their own health and safety, as well as that of others on board and the duties of the owner and master of ships to maintain safe conditions and report marine incidents.
It also repeals the Merchant Shipping (Health and Safety: General Duties) Regulations, 1988. The new document notably provides a more detailed and specific framework for ensuring health and safety on ships by establishing provisions with respect to the appointment of safety officials by the owner of the ship, specifying the reporting requirements for marine incidents, and specifying the duties of owners and masters, the duties of crew members, as well as the duties of safety officers and safety committees.
New Zealand
New Principal Document – Natural and Built Environment Act 2023
First Effective Date: 24 August 2023
Industry Sector: General Industry, Building Management & Maintenance
This document imposes restrictions on, and obligations regarding, a wide variety of business activities. Most notably, it establishes a prohibition on any of the following activities unless explicitly permitted by one of a specific set of rules or plans, or if a specific exception applies:
- discharging contaminants into the land, air, or water;
- dumping or incinerating waste, discharging harmful substances including any radioactive material, or dumping water, in a coastal marine area;
- using or taking water in any way, using coastal marine areas, beds of lakes or rivers, or subdividing land.
It also sets out the obligations of landowners in case of contamination of their land and requirements related to the establishment and execution of “freshwater farm plans” by farmers, whether aquaculture farms or land farms. Finally, it sets application requirements, procedural requirements and conditions attached to a wide variety of approvals, including resource use approvals, water use approvals and approvals to subdivide land.
The document replaces the Resource Management Act. According to the government of New Zealand, it will implement a “more flexible designations process” to provide for “more permitted plans [so that] fewer consents will be needed”, and to continue the “fast-track consenting process for some infrastructure”.
Suriname
Amended Document – LAW of December 19, 1963 establishing provisions concerning work (G.B. 1963 no. 163), as it reads after the amendments made therein by S.B. 1980 no. 116, S.B. 1983 no. 91, S.B. 2001 no. 71 (Labour Law)
Amending Document – LAW of August 30, 2023, further amending the Labor Act 1963 (G.B. 1963 no. 163, as last amended by S.B. 2018 no. 76)
First Effective Date: 8 September 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document prohibits the use of various forms of coercion or threats to compel an employee to perform work and updates provisions for non-compliance or incomplete compliance.
Thailand
New Principal Document – Announcement of the Ministry of Natural Resources and Environment regarding the standard control of the air from the power plant in 2023
First Effective Date: 26 November 2023
Industry Sector: Construction Industry, Utilities & Communications Industry
As the title indicates, this document establishes the emissions standards that power plants must meet for various kinds of pollutants.
Turkey
New Principal Document – Regulation on the Liberalization and Release of Radioactive Substances
First Effective Date: 1 September 2023
Industry Sector: General Industry, Building Management & Maintenance
This document applies to activities related to nuclear energy and ionizing radiation. It notably establishes the requirements and procedures for the release and emission of radioactive substances to the environment and their release from regulatory control; prescribes the release and emission limits; specifies the ionizing radiation doses to which representative persons may be exposed; establishes laboratory requirements and quality procedures for the measurement of releases and the environmental monitoring of radiation; and establishes recordkeeping and reporting requirements.
United Kingdom
New Principal Document – The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023
First Effective Date: 1 October 2023
Industry Sector: General Industry, Building Management & Maintenance
This document, according to the government of the United Kingdom, “applies to activities that are undertaken by small businesses.” It notably “prohibit[s] persons from supplying or offering to supply certain plastic or polystyrene items in the course of a business”, and establishes a civil sanctions regime for the incompliance, such as fixed monetary penalties.
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.
