Top global EHS regulatory changes – May 2024

By: Sydney Sybydlo

Here are a few noteworthy global EHS regulatory changes in May 2024. 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. Note that descriptions with an asterisk (*) were generated with artificial intelligence.

• Canada – Federal
• Canada – Alberta
• Canada – Ontario
• Canada – Prince Edward Island
• Canada – Quebec
• Canada – Saskatchewan
• United States – Federal
• United States – South Carolina
• European Union
• Australia – Western Australia
• Austria
• Belgium
• Brazil
• Colombia
• Denmark
• Hungary
• United Kingdom
• United Kingdom – Scotland
• Venezuela
• China

Canada – Federal

Amended Document – Explosives Regulations, 2013
Amending Document – Regulations Amending the Explosives Regulations, 2013

First Effective Date: 3 May 2024
Industry Sector: General Industry

Amended: According to the government, the changes to the document are intended “to modernize the explosives regulatory regime by enhancing safety and security and increasing regulatory efficiency,” and notably:

• include “UN 3375, AMMONIUM NITRATE EMULSION, GEL, OR SUSPENSION” in the definition of “explosive” and “to the list of materials requiring transport in a vehicle with a tracking and communication system”;
• allow, under certain conditions, “[pumping] explosives numbered UN 3375 in activating an emergency response assistance plan”;
• “provide that a carrier of explosives must not transport explosives in a towed vehicle unless the explosives are classified as UN 3375 and are in a road vehicle […] and no more than two drawn road vehicles are used in a road train”;
• “add an exception to allow for persons under the age of 18 to possess small arms cartridges and black powder cartouches at federal or provincial/territorial sites that hold a division 2 factory licence, for the purposes of conducting sanctioned demonstrations or historical re-enactments”;
• “allow an application for an authorization of explosives for a specified period to include the results of any tests conducted by or on behalf of a foreign state that has authorized the explosive or a similar explosive; or the classification of the explosive by a foreign state”;
• add an exception to “allow the importation of explosives that have not been authorized into Canada for the Department of National Defence (DND), the Canadian Armed Forces (CAF) and international allies cooperating with the CAF, using commercial freight carriers,” if specified requirements are met;
• create a new classification, “novelty devices” for low-risk fireworks, and establish manufacturing and handling requirements for such devices;
• “[add] the transportation of set pieces to the list of activities involving an explosive that may be carried out even though the explosives are not authorized”;
• add a requirement “for a carrier to provide the Chief Inspector of Explosives with a written report about an accident or incident that includes the likely cause of the accident or incident and the steps that the carrier will take to prevent an accident or incident of that nature from happening again”;
• add requirements “to allow for the reuse of packaging for novelty devices, consumer fireworks and display fireworks”;
• “increase the minimum age for workers at Division 1 and 2 factories and satellite sites, and for workers involved in manufacturing explosives, from 17 years of age to 18 years of age”;
• “clarify that a Mobile Process Unit (MPU) that contains explosives does not need to be attended in person if it is awaiting towing or repair and is secured in an access-controlled mine site or quarry”;
• add an exception “to the requirement for carriers to obtain a permit for oversized loads for jet perforating guns,” under specified conditions;
• “require a carrier of explosives by vehicle to ensure the portion of the vehicle that contains the explosives is either an intermodal container or is fully enclosed and fire resistant; and constructed of or lined with a non-sparking material or does not increase the likelihood of an ignition”;
• add “a new exception that a carrier or driver of explosives must not transport explosives in a towed vehicle unless it is for the purposes of returning a vehicle to the road” and specified requirements are met;
• “permit a vehicle containing explosives numbered UN 0332 or UN 3375 transported in bulk to be attended by a person using electronic means instead of in person”;
• introduce licensing, packaging, and mixing requirements for reactive targets, “which are multi-ingredient kits intended for long-range target shooting” and enhance requirements for sellers and users of reactive targets;
• remove certain annual reporting requirements (concerning the use of certain explosives, the return of expired marine flares, and ammonium nitrate inventories);
• “update the terms and conditions for licences, permits and certificates”;
• expand screening requirements “for individuals seeking approval letters as licence holders or employees to have unsupervised access to high hazard explosives”;
• “clarify and streamline the requirements for storage in a storage unit for blank cartridges for tools, high hazard special purpose explosives, small arms cartridges, propellant powders, black powder cartouches, percussion caps, consumer fireworks, novelty devices, special effect pyrotechnics, and display fireworks” and clarify fireworks storage requirements for dwellings;
• update various “requirements for propellant powders, including black powder and smokeless powder”;
• provide rules “[enabling] fireworks operators to hold hybrid shows using both consumer fireworks and display fireworks”; and
• make various changes to rules concerning applications for and the use of special effect pyrotechnics and display fireworks.

Canada – Alberta

New Principal Document – Security Management for Critical Infrastructure Regulation

First Effective Date: 31 May 2025
Industry Sector: Oil & Gas, Mining & Minerals Industry

This document requires licensees or approval holders of critical energy facilities in Alberta, such as coal plants, pipelines, and wells, to establish and implement security management programs to address terrorist threats. It outlines the criteria for identifying critical facilities, mandates compliance with CSA Z246.1 standards, and grants the regulator authority to audit and enforce the security programs.

Canada – Ontario

Amended Document – On-Site and Excess Soil Management
Amending Document – Amending O. Reg. 406/19 (On-Site and Excess Soil Management)

First Effective Date: 23 April 2024
Industry Sector: Construction Industry

According to McMillan LLP, the change to the document notably “remove barriers associated with reusing low-risk soils, and generally encourage the greater reuse of excess soil in Ontario.” It expands exemptions for certain Class 1 Soil Management Sites (SMS) from requiring an environmental compliance approval for waste storage and management operations, “[enhances] the ability of Class 2 [SMS] to manage excess soil while retaining [exemption] status by increasing the permitted maximum volume of excess soil stored at [such sites]” and allows local waste transfer facilities to store specified quantities of liquid and excess soil for up to two years.

The change also “[increases] the reuse opportunities for salt-impact soil in areas where such soil is anticipated to have minimal impact [and allows] salt-impacted soil to be placed 1.5 metres below the soil surface at agriclutural properties”. It clarifies the information that must be provided within hauling records and adds an exemption (to the regulation) for landscape projects that excavate soil at a low-risk part of an Enhanced Investigation Project Area.

Canada – Prince Edward Island

Amended Document – Materials Stewardship and Recycling Regulations
Amending Document – Materials Stewardship and Recycling Regulations Amendment

First Effective Date: 1 July 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

According to the government, the change to the document notably:

• adds “two new categories of product elgible for recycling and recovery” to the definition of “electronic product”: “(1) devices containing electronic components that are used in sports or for physical fitness; and (2) wearable devices containing electronic components; for example, smart watches, activity trackers and pedometers”;
• “clarifies that replacement batteries for [certain] electronic devices […] must be dealt with as designated materials”;
• removes, in certain provisions, “the requirement for an applicant of any stewardship program to pay an approval fee”;
• increases “the size of the capacity of oil containers” from 50 litres to up to 250 litres; and
• “prohibits a retailer from selling, offering for sale or otherwise distributing a designated material in or into the province unless the retailer or the brand owner of the designated material has entered into an agreement with the approved agent of a stewardship program in respect of the designated material.”

Canada – Quebec

Amended Document – Construction Code
Amending Document – Regulation to amend the Construction Code and the Regulation respecting the application of the Building Act

First Effective Date: 13 July 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the Government of Quebec, the change to this document notably:

• “replaces [various provisions pertaining to elevators and other elevating devices] to include by reference the 2019 editions of ASME A17.1-2019/CSA B44:19, Safety Code for Elevators and Escalators, and CSA B355:19, Platform lifts and stair lifts for barrier–free access […] to which amendments have been made to meet the specific needs of Québec”;
• “provides that before carrying out construction work on an elevator or other elevating device other than maintenance, repair or demolition work, plans and specifications must be prepared by a recognized person”;
• “provides that, following such work, a certificate of conformity […] must be produced by a recognized person and sent to the Régie du bâtiment du Québec;” and
• “designates […] the elevators and other lifts that are facilities intended for use by the public.”

Amended Document – Safety Code
Amending Document – Regulation to amend the Safety Code

First Effective Date: 13 July 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

According to the Government of Quebec, the change to this document notably specifies “the regulatory requirements applicable to [elevators and other lifts] based on the year of their construction or alteration, and makes “a maintenance control program mandatory.”

Canada – Saskatchewan

New Principal Document – The Multi-lateral Oil Well Program Regulations

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

This document establishes the Multi-lateral Oil Well Program, which according to the government, “offers an additional volumetric drilling incentive for eligible multi-lateral horizontal oil wells (MLWs) drilled on or after April 1, 2024, and on or before March 31, 2028.” It sets out rules governing applications for incentive volumes and multi-lateral oil well approvals as well as related royalties and production taxes.

United States – Federal

Amended Document – 40 CFR 63 Subpart QQQ National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting
Amending Document – National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Residual Risk and Technology Review and Primary Copper Smelting Area Source Technology Review

First Effective Date: 13 May 2024
Industry Sector: General Industry

According to the government, this change affects national emission standards for hazardous air pollutants (NESHAP) for the Primary Copper Smelting major source category by promulgating:

• “[Maximum Achievable Control Technology (MACT)] floor-based [particulate matter (PM)] limits for the anode refining department point source emissions;
• “[beyond-the-floor (BTF)] PM limits to address process fugitive emissions from the smelting vessels, copper converter department, and anode refining roofline vents combined;
• “MACT floor-based PM limits for new copper converter departments;
• “MACT floor-based emission standards for previously unregulated HAP (e.g., mercury, benzene, toluene, [hydrogen chloride], chlorine, [polycyclic aromatic hydrocarbons], naphthalene and [dioxins and furans]; and
• “PM limits for the combined anode refining department and Hoboken converter process fugitive capture systems.”

It also “finalizes design standards to limit HAP metals and a BTF lead emissions limit to minimize process fugitive emissions from roofline vents for certain processes, […] finalizes work practice standards for the use of bypass stacks and revisions to the fugitive dust control plan requirements, [updates] electronic reporting requirements,” and removes startup, shutdown, and malfunction (SSM) exemptions.

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 2024

First Effective Date: 17 June 2024
Industry Sector: Chemical Industry

The change to this document adds seven per- and polyfluoroalkyl substances (PFAS) to the list of toxic chemicals subject to reporting and notification requirements (listed with their chemical name & CASRN): Perfluorohexanoic acid (PFHxA) (307-24-4), Perfluoropropanoic acid (PFPrA) (422-64-0), Sodium perfluorohexanoate (2923-26-4), Ammonium perfluorohexanoate (21615-47-4), 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide (TFSI) (82113-65-3), Lithium bis[(trifluoromethyl)sulfonyl] azanide (90076-65-6), Betaines, dimethyl(.gamma.-.omega.-perfluoro-.gamma.-hydro-C8-18-alkyl) (2816091-53-7).

Amended Document – 26 CFR 1 Income Taxes
Amending Document – Clean Vehicle Credits Under Sections 25E and 30D; Transfer of Credits; Critical Minerals and Battery Components; Foreign Entities of Concern

First Effective Date: 5 July 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

According to the government, the change to the document introduces federal income tax credits “for the purchase of qualifying new and previously-owned clean vehicles, including new and previously-owned plug-in electric vehicles powered by an electric battery meeting certain requirements and new qualified fuel cell motor vehicles. [It provides] guidance for taxpayers who purchase qualifying vehicles and intend to transfer the amount of any previously-owned clean vehicle credit or new clean vehicle credit to dealers that are entities eligible to receive advance payments of either credit [and] for dealers to become eligible entities to receive advance payments of previously-owned clean vehicle credits or new clean vehicle credits.” It also sets out “rules regarding recapture of the credits.”

New Principal Document – 40 CFR 60 Subpart XXa Standards of Performance for Bulk Gasoline Terminals that Commenced Construction, Modification, or Reconstruction After June 10, 2022

First Effective Date: 8 July 2024
Industry Sector: Oil & Gas, Utilities & Communications

This document applies to owners or operators of bulk gasoline terminals and loading racks that commenced construction, modification, or reconstruction after June 10, 2022. It outlines requirements for vapor collection systems, emission limits, monitoring, leak detection and repair, recordkeeping, and reporting for these facilities.*

Facilities whose construction, modification, or reconstruction commenced before June 10, 2022 are still subject to 40 CFR 60 Subpart XX.

Amended Document – 40 CFR 751 Subpart B Methylene Chloride
Amending Document – Methylene Chloride; Regulation Under the Toxic Substances Control Act (TSCA)

First Effective Date: 8 July 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the government, the changes to this document:

• “prohibit the manufacture, processing, and distribution of methylene chloride for all consumer use”;
• “prohibit most industrial and commercial use of methylene chloride and delay prohibition for two conditions of use”;
• “require a workplace chemical protection program (WCPP), including inhalation exposure concentration limits and related workplace exposure monitoring and exposure controls, for 13 conditions of use of methylene chloride (including manufacture; processing; several industrial and commercial uses such as laboratory use; and disposal)”;
• “identify a de minimis threshold for products containing methylene chloride for the prohibitions and restrictions on methylene chloride”;
• “require recordkeeping and downstream notification requirements for manufacturing, processing, and distribution in commerce of methylene chloride”; and
• “provide a 10-year time-limited exemption […] for emergency use of methylene chloride.”

Amended Document – 40 CFR 302 Designation, Reportable Quantities, And Notification
Amending Document – Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances

First Effective Date: 8 July 2024
Industry Sector: General Industry

According to the government, the change designates “two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as hazardous substances.”

New Principal Document – 40 CFR 60 Subpart VVb Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After April 25, 2023

First Effective Date: 15 July 2024
Industry Sector: Chemical Industry

This document applies to owners and operators of affected facilities in the synthetic organic chemicals manufacturing industry. It establishes general requirements for monitoring, repairing, and recordkeeping for equipment leaks of volatile organic compounds, including standards for pumps, valves, connectors, and closed vent systems.*

Facilities whose construction, reconstruction, or modification commenced before April 25, 2023 are still subject to 40 CFR 60 Subpart VV (5 January 1981 to 7 November 2006) or 40 CFR 60 Subpart VVa (7 November 2006 to 23 April 2023).

New Principal Document – 40 CFR 60 Subpart IIIa Standards of Performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes for Which Construction, Reconstruction, or Modification Commenced After April 25, 2023

First Effective Date: 15 July 2024
Industry Sector: Chemical Industry

This document applies to owners or operators of affected facilities that produce certain chemicals and outlines general requirements for monitoring, recordkeeping, reporting, and operating standards to control volatile organic compound emissions from air oxidation unit processes. It specifies requirements for using non-flare control devices, recovery systems, flares, and closed vent systems.*

Facilities whose construction, reconstruction, or modification commenced before April 25, 2023 are still subject to 40 CFR 60 Subpart III.

New Principal Document – 40 CFR 60 Subpart NNNa Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations for Which Construction, Reconstruction, or Modification Commenced After April 25, 2023

First Effective Date: 15 July 2024
Industry Sector: Chemical Industry

This document applies to owners or operators of affected facilities that produce certain chemicals. It outlines requirements for monitoring and controlling volatile organic compound emissions from distillation operations, including standards for emission limits, monitoring parameters, inspections, recordkeeping, and reporting.*

Facilities whose construction, reconstruction, or modification commenced before April 25, 2023 are still subject to 40 CFR 60 Subpart NNN.

New Principal Document – 40 CFR 60 Subpart RRRa Standards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes for Which Construction, Reconstruction, or Modification Commenced After April 25, 2023

First Effective Date: 15 July 2024
Industry Sector: Chemical Industry

This document applies to owners and operators of affected facilities that are part of a process unit producing certain chemicals. It outlines requirements for reducing emissions of total organic compounds (TOC) from reactor processes, including emission limits, monitoring, testing, recordkeeping, and reporting. Key requirements involve using control devices or recovery systems to meet the TOC emission standards and associated operating limits.*

Facilities whose construction, reconstruction, or modification commenced before April 25, 2023 are still subject to 40 CFR 60 Subpart RRR.

Amended Document – Energy Efficiency Standards for the Design and Construction of New Federal Commercial and Multi-Family High-Rise Residential Buildings
Amending Document – Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings

First Effective Date: 15 July 2024
Industry Sector: General Industry

According to the government, the change to this document is part of a suite of amendments that “adopts energy performance standards for new construction and major renovation of Federal buildings,” and “adds standards for the maximum emissions resulting from on-site fossil fuel usage”. It also adds “the fossil fuel-generated energy consumption requirement, the process for determining a Federal building’s fossil fuel-generated energy consumption, and the process for petitioning for a downward adjustment” and an appendix “that identifies the targets for specific building types and climate zones for [fiscal years] 2020-2024 and FY 2025-2029.”

Amended Document – 30 CFR 285 Subpart G Facility Design, Fabrication, and Installation
Amending Document – Renewable Energy Modernization Rule

First Effective Date: 15 July 2024
Industry Sector: Public Administration & Institutions, Utilities & Communications

According to the government, the change is part of a suite of amendments to renewable energy rules that apply on the Outer Continental Shelf (OCS) that “[eliminate] unnecessary requirements for the deployment of meteorological (met) buoys; [increase] survey flexibility; [improve] the project design and installation verification process; [establish] a public Renewable Energy Leasing Schedule; [reform] BOEM’s renewable energy auction regulations; [tailor] financial assurance requirements and instruments; [and clarify] safety management system regulations”.

Changes to this document notably require the electronic submission of documents, add definitions for clarity and clarify the rights to appeal. Changes to this document notably update rules concerning when Facility Design Reports (FDRs) and Facility and Installation Reports (FIRs) should be submitted and allow the procurement “of discrete parts of the project that are commercially available in [a] standardized form and type-certified components,” before the submission of required reports, require a Certified Verification Agent (CVA) to be “nominated and approved before conducting the relevant verification activities,” require CVAs to assess lessees’ risk assessments,” make various other changes to the responsibilities of CVAs, and “require additional recordkeeping measures for the commissioning of Critical Safety Systems and Equipment and the location of records.”

30 CFR 285 Subpart H Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs and GAPs was also updated to require lessees “to use [a Safety Management System (SMS)] for activities conducted on the OCS to develop or operate a lease, from met buoy placement and site assessment work through decommissioning, and to provide its SMS to the Department upon request,” provide that “third-party SMS certification may be obtained from accredited safety and environmental [conformity assessment bodies],” require reports on (1) safety performance data and (2) SMS audits, require “that an onsite inspection of each of facility be conducted at least once a year,” and that this onsite inspection “include all safety equipment designed to prevent or ameliorate fires, spillages, or other major accidents.”

Amended Document – 29 CFR 1910 Subpart Z Toxic and Hazardous Substances
Amending Document – Hazard Communication Standard

First Effective Date: 19 July 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

According to the government, the change to this document notably updates language “to conform to the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS)” and includes “revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, new labeling provisions for small containers, new provisions related to trade secrets, technical amendments related to the contents of safety data sheets (SDSs), and related revisions to definitions of terms used in the standard.”

New Principal Document – 49 CFR 245 Qualification and Certification of DispatchersSubpart D Denial and Revocation of Certification

First Effective Date: 22 July 2024
Industry Sector: Rail Transportation

This document is divided into the following subparts:

49 CFR 245 Subpart A General, which outlines the minimum federal safety standards for the eligibility, training, testing, certification, and monitoring of dispatchers employed by railroads. It establishes general requirements for railroads and their dispatchers to ensure only qualified individuals serve in this safety-sensitive role.*

49 CFR 245 Subpart B Program and Eligibility Requirements, which outlines requirements for railroads to establish and implement written certification programs for their dispatchers. It specifies general requirements for railroads regarding training, testing, monitoring, and determining eligibility of dispatchers based on factors like prior safety conduct, substance abuse disorders, visual and hearing acuity.*

49 CFR 245 Subpart C Administration of the Certification Program, which outlines requirements for railroads regarding the administration of their dispatcher certification programs. It specifies time limitations for certifications, recordkeeping obligations, requirements for issuing certificates to certified dispatchers, handling multiple certifications, and conducting annual reviews of the program’s effectiveness in addressing instances of poor safety conduct by certified dispatchers.*

49 CFR 245 Subpart D Denial and Revocation of Certification, which outlines the process and criteria for railroads to deny or revoke the certification of dispatchers. It specifies the violations that warrant revocation, the periods of ineligibility for certification based on the number of violations, and the procedures railroads must follow when revoking certification, including providing a hearing.*

49 CFR 245 Subpart E Dispute Resolution Procedures, which outlines procedures for railroad employees to dispute denials or revocations of their dispatcher certification. It establishes a review board to adjudicate such disputes and details the petition, hearing, and appeal processes employees must follow. Key requirements include filing deadlines, submission of evidence, and opportunities for railroad and employee responses.*

Similar rules for railroad signal employees take effect on the same day, and are available as 49 CFR 246 Certification of Signal Employees: 49 CFR 246 Subpart A General; 49 CFR 246 Subpart B Program and Eligibility Requirements; 49 CFR 246 Subpart C Administration of the Certification Program; 49 CFR 246 Subpart D Denial and Revocation of Certification; and 49 CFR 246 Subpart E Dispute Resolution Procedures.

Amended Document – 40 CFR 98 Subpart C General Stationary Fuel Combustion Sources
Amending Document – Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems

First Effective Date: 1 January 2025
Industry Sector: General Industry, Building Management & Maintenance

According to the government, the change is part of a suite of amendments to rules “that apply to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule to ensure that reporting is based on empirical data, accurately reflects total methane emissions and waste emissions from applicable facilities, and allows owners and operators of applicable facilities to submit empirical emissions data that appropriately demonstrate the extent to which a charge is owed under the Waste Emissions Charge. [It also updates] certain requirements that apply to the general provisions, general stationary fuel combustion, and petroleum and natural gas systems source categories of the Greenhouse Gas Reporting Rule to improve calculation, monitoring, and reporting of greenhouse gas data for petroleum and natural gas systems facilities [and] establishes and amends confidentiality determinations for the reporting of certain data elements to be added or substantially revised in these amendments.”

United States – South Carolina

Amended Document – Subchapter 61-107 Solid Waste Management
Amending Document – Subchapter 61-107 Solid Waste Management 2024-05-24 Amendments

First Effective Date: 24 May 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the government, the change to the document introduces “rules for solar projects in excess of thirteen acres [that] establish a registration requirement for large solar sites and facilitate that all large solar energy systems have a decommissioning plan, which includes financial assurance, removal of [photovoltaic] modules and accompanying equipment, and remediation of the land, if necessary.”

European Union

New Principal Document – Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024 on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006 (Text with EEA relevance)

First Effective Date: 20 May 2024
Industry Sector: General Industry

This document applies to businesses and individuals involved in the shipment of waste within, into, and out of the European Union. It establishes procedures and control regimes for such shipments, including requirements for notification, consent, environmentally sound management, and enforcement measures to prevent illegal shipments.*

It replaces Regulation (EC) No. 1013/2006 of the European Parliament and of the Council on Shipments of Waste. Revised: The new document covers the same scope as the repealed document on shipments of waste while making a wide-ranging update to align with the European Green Deal and the New Circular Economy Action Plan. Notable changes include the following:

• the update of certain definitions, such as the introduction of the definition of “person who arranges the shipment” and “waste hierarchy”;
• the establishment of new responsibilities for persons who arrange the shipment of waste when a shipment subject to general information requirements cannot be completed as intended;
• the provision of specific requirements for shipments between an outermost region and the Member State of which it is a part and shipments from the Faroe Islands to Denmark;
• the introduction of specific obligations on exporters of waste;
• the establishment of an enforcement group for the cooperation and coordination between the Member States to prevent and detect illegal shipments; and
• the introduction of requirements for third-party auditors and the criteria for facilities managing waste exported from the Union to demonstrate that they are operated in an environmentally sound manner.

New Principal Document – Regulation (EU) 2024/1244 of the European Parliament and of the Council of 24 April 2024 on reporting of environmental data from industrial installations, establishing an Industrial Emissions Portal and repealing Regulation (EC) No 166/2006 (Text with EEA relevance)

First Effective Date: 22 May 2024
Industry Sector: General Industry

This document applies to operators of industrial installations and establishes an online database providing public access to data on pollutant releases and resource use from such installations. It requires operators to annually report this data to competent authorities, who must assess its quality and submit it to the Commission for inclusion in the database.*

It replaces Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC. The new document primarily covers the same scope as the repealed document with regard to the collection and reporting of environmental data on installations, with extensive amendments focused on streamlining the reporting obligations on pollution from industrial installations, such as the introduction of an Industrial Emissions Portal to replace the European Pollutant Release and Transfer Register and the related implementing requirements, and the improvement of public access to environmental information through the online database.

New Principal Document – Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (Text with EEA relevance)

First Effective Date: 23 May 2024
Industry Sector: General Industry

This document applies to businesses involved in the extraction, processing, recycling, or use of critical raw materials. It establishes a framework to ensure a secure and sustainable supply of these materials in the EU, including requirements for businesses to increase circularity, monitor supply risks, and provide information on recycled content and environmental footprint.*

Australia – Western Australia

New Principal Document – Waste Avoidance and Resource Recovery (ewaste) Regulations 2024

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

This document applies to businesses with more than 200 employees or that created more than 5 tonnes of e-waste; e-waste waste management services (“service providers”) and landfill operators. It sets distinct requirements for each of these types of business, in regards to separation of e-waste, management, storage and handling of e-waste, and recordkeeping regarding e-waste.

Austria

Amended Document – Contaminated Site Remediation Act
Amending Document – ALSAG amendment 2024

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

The changes to this document concern all entities involved with contaminated sites in Austria. It provides that any entity whose behavior has contributed to contamination must take the necessary measures to address the contaminated site, and must submit a project for contaminated site measures within 18 months. It also provides that projects must contain certain information and be submitted in triplicate and electronically if possible and that property owners must report any activities that can impact the success of potential contaminated site measures.

The Environmental Promotion Act – UFG is also amended in order for it to account for old landfills and deposits that previously did not meet the threshold of being considered contaminated sites. Changes to this document permit entities to receive funding for their remediation projects, including for direct measures, waste treatment plans, safety actions, and studies, under specified conditions.

Belgium

New Principal Document – Law on the establishment of a border carbon adjustment mechanism

First Effective Date: 30 April 2024
Industry Sector: General Industry

This document applies to importers of specific materials and products, namely: cement, fertilisers, steel and iron, electricity, hydrogen, and aluminium. The document outlines the requirements for the Carbon Border Adjustment Mechanism (CBAM), which imposes a cost for carbon emissions created during the production process of the material or product. It establishes obligations for authorized CBAM declarants, such as obtaining authorization, reporting emissions data, surrendering CBAM certificates, and paying penalties for non-compliance. It also covers transitional provisions for the initial reporting period.

Brazil

Amended Document – Ordinance No. 672, of November 8, 2021 – Disciplines the procedures, programs and conditions of safety and health at work and makes other provisions.
Amending Document – MTE Ordinance No. 612, of April 25, 2024 – Amends MTP Ordinance No. 672, of November 8, 2021, to regulate the application of toxicological tests by professional drivers.

First Effective Date: 26 April 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The changes to this document concern all entities employing professional drivers in Brazil. It establishes provisions outlining employer and employee responsibilities with regard to toxicological examinations. According to COAD,

1. Starting August 1, 2024, employers need to register certain toxicological examination details, such as worker identification, examination date, laboratory information, toxicological examination code, and the responsible doctor’s details, through the eSocial system;
2. Toxicological exams must be paid for by employers and be conducted prior to hiring, every 2.5 years during employment, and upon termination;
3. Companies may alternatively use the results of the Traffic Code toxicological exams under certain conditions;
4. When the clinical evaluation performed indicates a picture of chemical dependence, the company must:
   • issue the CAT – Communication of Work Accident, if there is suspicion that the dependence has an occupational origin;
   • remove the employee from work;
   • refer the employee to Social Security, for incapacity assessment and an evaluation of the social security conduct after the performance of the employee;
   • reassess, if applicable, occupational risks and pertinent prevention measures in the PGR – Risk Management Program.

Colombia

Amended Document – Decree 1076 of 2015 Single Regulatory Decree of the Environment and Sustainable Development Sector
Amending Document – Decree 0510 of April 24, 2024 “By which articles 2.2.2.5.2.1, 2.2.2.5.4.3 and 2.2.2.6.1.4 of Decree 1076 of 2015 are modified and other provisions are issued.”

First Effective Date: 24 April 2024
Industry Sector: General Industry, Public Administration & Institutions, Building Management & Maintenance

The change to this document concerns all entities involved in railway infrastructure operations in Colombia. It establishes that the following activities are exempted from environmental licensing procedures: the adaptation of railway corridor infrastructure to operate trains powered by electricity, hydrogen, electromagnetism or any other means of low greenhouse gas emissions or not derived from the internal combustion of fossil fuels, as well as its expansion for the connection and integration to other transportation systems within the urban perimeter.

Denmark

New Principal Document – Executive Order on subsidies for efforts against marine waste

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

This document applies to authorities, businesses, organizations, and NGOs. It outlines the requirements and procedures for obtaining subsidies for collecting marine litter, including project eligibility criteria, eligible expenses, subsidy calculation methods, application and payment processes, and conditions for subsidy revocation or reduction.*

It replaces the previous Executive Order on subsidies for efforts against marine waste. The new document primarily covers the same scope as the repealed document, with amendments focused on simplifying the rules and the structure of the document to improve clarity, such as:

• removing certain definitions, such as the definition of “registered occurrence of marine litter”;
• specifying that applications will now be evaluated continuously as they are received;
• clarifying that applications can be made solely for the collection of marine waste;
• simplifying the project extensions requirement to mandate short project extensions of up to 3 months to be reported to the Danish Fisheries Agency rather than obtaining formal approval; and
• specifying that projects with total eligible costs (excluding VAT) as low as DKK 200,000 are now potentially eligible for subsidies.

Hungary

Amended Document – Government decree 122/2015. (V. 26.) on the implementation of the law on energy efficiency
Amending Document – Government decree 98/2024. (V. 7.) amending Government Decree No 122/2015 (V. 26.) on the implementation of the Energy Efficiency Act

First Effective Date: 15 May 2024
Industry Sector: General Industry, Building Management & Maintenance

The change to this document concerns entities involved with energy efficiency, building modernization, and public institution operations in Hungary. It introduces new definitions and requirements for the energy modernization of buildings, aligning national practices with EU standards. Notably, it revises the criteria for evaluating energy savings, primarily specifying that they must be calculated as the difference between the initial and new states after modernization, and updates energy savings measures. It also provides that companies must ensure that their energy-saving calculations align with the updated criteria and measures.

United Kingdom

Amended Document – The Green Gas Support Scheme Regulations 2021
Amending Document – The Green Gas Support Scheme (Amendment) Regulations 2024

First Effective Date: 4 June 2024
Industry Sector: General Industry

The changes to this document, according to the Government of the United Kingdom, update provisions with regard to the Green Gas Support Scheme (the scheme), which “is a renewable heat incentive scheme to facilitate and encourage the production of biomethane by anaerobic digestion, for injection into the gas grid”.Notable changes include:

• “extend[ing] the operation of the scheme so that the last date that an applicant may be registered as a participant is 31 March 2028”;
• “introduc[ing] a new concept of an ‘eligible heat pump’, and outlin[ing] the process for registration of, or review of a registration for an eligible heat pump by the Authority”;
• establishing new notification requirements for participants involved in biomethane production activities for electrical input supplied to any eligible heat pump and the installation of a ground source, or air source heat pump;
• “updat[ing] the definition of ‘eligible biomethane’ to ensure that heat that is derived from an eligible heat pump is able to be deducted from the calculation [of the proportion of eligible biomethane that receives tariff payments]”; and
• “specif[ying] the information that the Authority may require of an applicant or participant to determine whether a heat pump is an eligible heat pump”.

Amended Document – The Renewable Transport Fuel Obligations Order 2007
Amending Document – The Renewable Transport Fuel Obligations (Amendment) Order 2024

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

The change to this document applies to suppliers of relevant transport fuel with regard to their Renewable Transport Fuel Obligation (RTFO) on the supply of renewable transport fuel and the claim of Renewable Transport Fuel Certificates (RTFCs). According to the Government of the United Kingdom, notable changes include:

• “extend[ing] the range of relevant feedstocks to include wastes of fossil origin” by updating certain definitions relating to feedstock;
• specifying that for hydrogen produced from fossil waste to be considered a specified type of renewable transport fuel, the producers need to capture and store the carbon pollution emitted during the production;
• “ensur[ing] that wastes of fossil origin are not awarded an additional [RTFCs]”; and
• updating the specified list of feedstock for the production of renewable transport fuel to include wastes of fossil origin, subject to the corresponding sustainability criteria.

United Kingdom – Scotland

New Principal Document – Wildlife Management and Muirburn (Scotland) Act 2024

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

This document outlines requirements for individuals and businesses regarding the use, supply, and possession of glue traps, snares, and other wildlife traps. It prohibits the use of glue traps and snares, regulates the use of certain wildlife traps through licensing, and introduces licensing for land where certain birds can be killed or taken. It also establishes regulations for muirburn (controlled burning of vegetation) on land.*

Venezuela

New Principal Document – Resolution by which the Standards for the Comprehensive Management of Waste Electrical and Electronic Devices are issued.

First Effective Date: 1 August 2024
Industry Sector: Hardware Manufacturing

This document establishes requirements for the environmentally safe and sustainable management of waste electrical and electronic equipment (WEEE) in Venezuela. It outlines obligations for producers, marketers, handlers, generators, and consumers regarding the return, reuse, recycling, recovery, and final disposal of WEEE to reduce its generation and ensure extended responsibility for its management.*

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