By: Sydney Sybydlo
Here are a few noteworthy global EHS regulatory changes in October 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
- United States – Federal
- United States – California
- United States – Massachusetts
- United States – North Carolina
- European Union
- Belgium
- Brazil
- Germany
- Ireland
- Philippines
- Poland
- Industry Standards
- China
Canada – Federal
New Principal Document – Order Exempting Certain Navigable Waters Located in Quebec from the Application of Section 23 of the Canadian Navigable Waters Act
First Effective Date: 25 October 2023
Industry Sector: General Industry, Building Management & Maintenance
This document exempts certain bodies of water found in Quebec from the prohibition on taking actions that lower the water level to a level that extinguishes the waters’ navigability.
Amended Document – Transportation of Dangerous Goods Regulations
Amending Document – Regulations Amending the Transportation of Dangerous Goods Regulations (Site Registration Requirements)
First Effective Date: 25 October 2023
Industry Sector: General Industry
According to the government, the amended document contains “new requirements for persons, involved in [dangerous goods (DG)] activities […] to register themselves and their Sites with a new online registration database administered by [Transport Canada], and to provide data related to their DG activities at those Sites.”
United States – Federal
New Principal Document – 40 CFR 705 Reporting and Recordkeeping Requirements for Certain Per- and Polyfluoroalkl Substances
First Effective Date: 13 November 2023
Industry Sector: General Industry
According to its content, this document “specifies reporting and recordkeeping procedures for manufacturers (including importers) of per- and polyfluoroalkyl substances (hereafter referred to as PFAS)”. It sets out exceptions for certain activities and furnishes the list of information to be reported. The reporting requirements apply to all chemical substances and mixtures containing a PFAS.
Amended Document – 40 CFR 1090 Subpart C Gasoline Standards
Amending Document – Reformulated Gasoline Covered Areas
First Effective Date: 13 November 2023
Industry Sector: Oil & Gas Industry
According to the government, the amended document prohibits the sale of conventional gasoline in the Dallas-Fort Worth, TX, Denver-Boulder-Greeley-Fort Collins-Loveland, CO, and the Eastern Kern County, CA areas.
Amended Document – 49 CFR 229 Subpart C Safety Requirements
Amending Document – Locomotive Image and Audio Recording Devices for Passenger Trains
First Effective Date: 13 November 2023
Industry Sector: Rail Transportation Industry
Changes to this document are part of a suite of amendments that, according to the government, “require the installation of inward- and outward-facing locomotive image recording devices on all lead locomotives in passenger trains”. This amended document notably clarifies:
- “that only passenger locomotives in the lead position must comply” with these requirements;
- “that locomotive recording device data can be stored on a certified crashworthy event recorder memory module or an alternative, remote storage system that provides equivalent data protections if approved”;
- “when required image recordings and voluntarily installed audio recording devices on lead locomotives must comply with [given] requirements”; and
- “that, in addition to unauthorized downloads, passenger railroads must also take necessary protective measures against unauthorized access to the recording system and its recordings that could lead to the deletion or alteration of data”.
Amended Document – 40 CFR 372 Subpart B Reporting Requirements
Amending Document – Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting
First Effective Date: 30 November 2023
Industry Sector: Chemical Industry
The amended document adds per- and polyfluoroalkyl (PFAS) substances to the list of chemicals of special concern, which are subject to additional reporting requirements
40 CFR 372 Subpart C Supplier Notification Requirements is also updated to remove the de minimis exemption from supplier notification requirements “for all chemicals on the list of chemicals of special concern.”
New Principal Document – 40 CFR 84 Subpart B Phasedown of Hydrofluorocarbons
First Effective Date: 26 December 2023
Industry Sector: General Industry
This document prohibits the manufacture and import of hydrofluorocarbons (HFCs) in various industries on specified dates, with certain exemptions. It also contains labeling, reporting, and recordkeeping requirements relating to the manufacture and import of HFCs.
Amended Document – 46 CFR 11 Subpart B General Requirements for Officer Endorsements
Amending Document – Towing Vessel Firefighting Training
First Effective Date: 1 April 2024
Industry Sector: Water Transportation Industry
According to the government, the amended document “[revises] the training requirements for national Merchant Mariner Credential endorsements as master of towing vessels (limited) or mate (pilot) of towing vessels on inland waters or Western Rivers routes” by giving mariners “the option of taking a modified basic firefighting course [which] excludes training on equipment that is not required to be carried on towing vessels operating on [those waters].”
United States – California
Amended Document – HSC Part 25.5-2 Mandatory Greenhouse Gas Emissions Reporting
Amending Document – An act to add Section 38533 to the Health and Safety Code, relating to greenhouse gases, and making an appropriation therefor.
First Effective Date: 7 October 2023
Industry Sector: General Industry, Building Management & Maintenance
The amended document requires covered entities to (1) prepare climate-related financial risk reports disclosing their risks and adopted adaptation measures and (2) submit annual fees beginning in 2026.
Amended Document – HSC Part 25.5-2 Mandatory Greenhouse Gas Emissions Reporting
Amending Document – An act to add Section 38532 to the Health and Safety Code, relating to greenhouse gases, and making an appropriation therefor.
First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance
The amended document requires the state to develop rules that will require businesses with annual revenues exceeding $1 billion to publicly disclose their greenhouse gas emissions and submit annual fees beginning in 2026.
Additional information is available here.
Amended Document – FAC Chapter 7-2 Pesticides
Amending Document – An act to amend Section 12838 of the Food and Agricultural Code, relating to pesticides.
First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance
The amended document prohibits the sale, possession, and use of pesticides that contain neonicotinoid pesticides (“acetamiprid, clothianidin, dinotefuran, imidacloprid, thiamethoxam, or any other chemical designated […] as belonging to the neonicotinoid class of chemicals”) for non-agricultural uses, with certain exceptions.
New Principal Document – PRC Chapter 30-3-8.6 Right to Repair Act
First Effective Date: 1 July 2024
Industry Sector: Hardware Manufacturing Industry, Other Industry
This document, according to the government, requires, with certain exceptions, manufacturers of specified electronic or appliance products “to make available, on fair and reasonable terms, to product owners, service and repair facilities, and service dealers, the means […] to effect the diagnosis, maintenance, or repair of the product”. It also requires service and repair facilities and service dealers to notify customers of the right-to-repair prior to conducting repairs “and to disclose if it uses replacement parts that are used or from a supplier that is not the manufacturer.”
United States – Massachusetts
New Principal Document – CMR 225-26 Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) Program
First Effective Date: 27 October 2023
Industry Sector: General Industry
According to its content, this document defines “applicant and vehicle eligibility for the MOR-EV program, [establishes] requirements for Applicants and Participating Dealerships to receive rebates, and incentivize electric vehicle adoption”. It contains specific eligibility criteria for different classes of vehicles, certain exemptions, and rules for noncompliance.
United States – North Carolina
Amended Document – NCGS Article 143-21 Water and Air Resources
Amending Document – An Act to Provide Further Regulatory Relief to the Citizens of North Carolina.
First Effective Date: 10 October 2023
Industry Sector: General Industry, Building Management & Maintenance
The amended document updates various rules governing water uses and notably:
- sets out requirements for certification applications “for maintenance dredging projects […] and projects involving the distribution or transmission of emergy or fuel, including natural gas, diesel, petroleum, or electricity”;
- makes minor changes to the stormwater management program application requirements;
- revises the definition of “shallow draft navigation channel” to refer to a waterway with a maximum depth of 18 feet and include additional inlets and harbours in the consideration;
- “[requires] that any polystyrene flotation devices installed on a dock, buoy, or float must be encapsulated by a protective covering to prevent the polystyrene from disintegrating,” with certain exceptions;
- “[provides] that permitted animal waste management systems must have compliance boundaries and must undertake corrective action in the event that groundwater standards are violated”;
- “[provides] that the minimum flow rate for a dwelling unit is 75 gallons per day”; and
- establishes the calculation method for wastewater system permittees for “flow rate for new dwelling units discharging to systems serving two or more dwelling units that have yet to be connected and for which the permittee has not allocated capacity at 75 gallons per day, and sets the minimum flow rate for those dwelling units at 75 gallons per day.”
Amended Document – NCGS Article 130A-9 Solid Waste Management
Amending Document – An Act to Provide Further Regulatory Relief to the Citizens of North Carolina.
First Effective Date: 10 October 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
According to the government, the amended document notably “[prohibits] the disposal of a lithium-ion battery in a landfill or incinerator” and “the disposal of a photovoltaic (PV) module, or components thereof, in a sanitary landfill for the disposal of construction and demolition debris waste that is unlined or in any other unlined landfill” and provides that certain PV modules may be considered hazardous waste (to which additional disposal requirements apply). It also “[clarifies] that, for the purposes of calculating [truck fees], the number of pumper trucks shall be limited to only those pumper trucks and vehicles used in the transportation, containment, or consolidation of liquid septage that transport septage on State-maintained roads.”
European Union
Amended Document – Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
Amending Document – Commission Regulation (EU) 2023/2055 of 25 September 2023 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards synthetic polymer microparticles (Text with EEA relevance)
First Effective Date: 17 October 2023
Industry Sector: General Industry
The amended document notably includes synthetic polymer microparticles into the scope of the restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles; establishes reporting requirements, labeling standards, and compliance dates to phase in these restrictions and requirements for synthetic polymer microparticles over time; and provides detailed technical rules for proving the degradability of polymers to comply with the aforementioned restrictions and requirements.
Amended Document – Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance)
Amending Document – Commission Implementing Regulation (EU) 2023/2122 of 12 October 2023 amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council
First Effective Date: 7 November 2023
Industry Sector: General Industry
The amended document notably:
- extends the applicability scope to include the monitoring and reporting of greenhouse gas emissions in relation to the release for consumption of fuels used for combustion in buildings, road transportation, and additional sectors;
- updates certain existing definitions such as “emission factor” and introduces certain new definitions such as “eligible aviation fuel” and “municipal waste”;
- requires operators using a specified mass balance and biomass as input materials or fuel to provide data to competent authorities on the biomass fraction of the carbon content in output streams;
- requires operators using continuous sampling from the flue gas stream and installations consuming natural gas from the grid to subtract the CO2 stemming from the biogas contained in the natural gas from the total measured CO2 emissions;
- clarifies the requirements for the determination of the biomass fraction of the inherent CO2;
- requires aircraft operators to determine and report the specified CO2 emissions as a memo-item;
- clarifies the emission factors to be used for the calculation of CO2 emissions under certain specified circumstances;
- requires aircraft operators to provide evidence to the competent authority that the biofuel is attributed to the flight immediately after fuel uplift, or is allocated proportionally to subsequent flights if subsequent flights are carried out without an intervening fuel uplift;
- clarifies the requirements for aircraft operators to determine the biomass fraction of the fuels used;
- establishes specific provisions for eligible aviation fuels;
- clarifies the requirements for operators or aircraft operators to establish, document, implement, maintain, and monitor an effective control system for the annual emissions report; and
- introduces detailed monitoring requirements for emissions from regulated entities.
Belgium
First Effective Date: 1 January 2024
Industry Sector: Utilities & Communications Industry, Other Industry
This document concerns energy companies. It establishes (a) an obligation for the energy products sold by such companies to be sourced in a certain percentage from renewable sources (b) an obligation for such companies to register in a new registry and provide certain information thereto.
Brazil
New Principal Document – Law No. 14.683, of September 20, 2023 – Establishes the Breastfeeding Friendly Company seal, to encourage the development of actions to encourage breastfeeding.
First Effective Date: 21 September 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document, according to its content, establishes the “Breastfeeding-Friendly Company” seal and specifies the use and validity of the seal, as well as the requirements for companies obtaining said seal, such as complying with the relevant requirements in the Labor Laws regarding breastfeeding and rest rules; providing appropriate facilities, schedules, and conditions for lactating women; and conducting certain specified activities to raise awareness about breastfeeding.
Germany
Amended Document – Law on saving energy and using renewable energies for heating and cooling in buildings (Building Energy Act – GEG)
Amending Document – Act to amend the Building Energy Act, to amend the Civil Code, to amend the Ordinance on Heating Cost Billing, to amend the Operating Costs Ordinance and to amend the Sweeping and Inspection Ordinance (GEGuaÄndG kaAbbr . )
First Effective Date: 1 January 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document notably:
- addresses the importance of using renewable energy and efficiency measures and reducing greenhouse gas emissions in buildings;
- removes certain requirements related to the use of renewable energy for heating and cooling in buildings to be constructed, such as the use of solar thermal systems, electricity from renewable energies, geothermal energy, biomass, waste heat, and more;
- removes requirements for the use of renewable energies to generate heat in existing public buildings;
- introduces new provisions related to heat pumps and heating systems, focusing on their testing and optimization;
- establishes new requirements for heating systems, such as obligations for heating network operators, requirements for solar thermal systems and tenant protection; and
- inserts various new definitions, such as the definition of “green hydrogen” and “unavoidable waste heat”.
Ireland
Amended Document – Waste Management (Facility Permit and Registration) Regulations 2007
Amending Document – Waste Management (Facility Permit and Registration) (Amendment) Regulations 2023
First Effective Date: 22 September 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
According to the Irish Government, the amended document introduces “two new classes of activity, the reception and storage of garden waste and the collection and storage of waste deposit return scheme products, subject to registration with the local authority or the Environmental Protection Agency (EPA)”; and “[requires] registration holders to take preventative measures to ensure that a registered activity does not result in the creation of unreasonable odour”.
Philippines
New Principal Document – Guidelines on the Implementation of the Workplace Policy and Program on Cancer Prevention and Control in the Private Sector
First Effective Date: 15 September 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document, according to its content, applies to “all employers and employees in the private sector.” The document notably sets out health and safety measures to implement a workplace cancer prevention and control policy and program, provisions to ensure employees’ access to healthcare and related services, employers’ obligations in relation to workplace accommodation and arrangements, and record-keeping and reporting requirements.
New Principal Document – Guidelines on Minimum Public Health Standards in Workplaces Relative to the Lifting of the State of Public Health Emergency due to COVID-19
First Effective Date: 20 September 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document, according to its content, applies to “all employers and employees in the private sector.” The document notably sets out the shared responsibilities of employers and employees in ensuring safe and healthy working conditions, such as promoting vaccination among employees while not discriminating against unvaccinated employees, providing guidance on preventive and control measures for occupational diseases and illnesses, and providing related benefits such as sick leave benefit and medical insurance. The document also imposes reporting requirements on employers to report occupational accidents and injuries, and to report COVID-19-positive cases.
Poland
Amended Document – Act of 13 June 2013 on the management of packaging and packaging waste
Amending Document – Act of July 13, 2023 amending the Act on packaging and packaging waste management as well as some other acts
First Effective Date: 13 October 2023
Industry Sector: General Industry, Office Spaces
The amended document notably:
- adds definitions relating to packaging and waste management, such as the definition of “deposit”, “sales area”, “end users” and “introducing products in beverage packaging”;
- requires persons introducing products in packaging to achieve the level of selective collection of packaging waste;
- prescribes penalties and product fees for non-compliance with the requirement to achieve specific recycling targets for introducing products in beverage packaging;
- establishes reporting and record-keeping requirements;
- requires entrepreneurs running retail or wholesale trade facilities selling products in packaging to provide the information about packaging and packaging waste to product users;
- introduces a deposit system for single-use and reusable beverage packaging; and
- imposes obligations on entrepreneurs in relation to their involvement in the deposit-refund system.
Industry Standards
New Edition – NFPA 1: Fire Code 2024 edition
First Effective Date: 14 September 2023
Industry Sector: General Industry, Building Management & Maintenance
According to its content, this standard “[prescribes] minimum requirements necessary to establish a reasonable level of fire and life safety and property protection from the hazards created by fire, explosion, and dangerous conditions.”
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