By: Sydney Sybydlo
Here are a few noteworthy global EHS regulatory changes in January 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 – British Columbia
- Canada – Ontario
- Canada – Yukon
- United States – Federal
- United States – New York
- United States – Texas
- United States – Washington
- European Union
- Denmark
- Ireland
- New Zealand
Canada – British Columbia
New Principal Document – Low Carbon Fuels (Technical) Regulation
First Effective Date: 1 January 2024
Industry Sector: Oil & Gas, Utilities & Communications
This document applies to businesses and their employees involved in the production, supply, and labeling of low carbon fuels in British Columbia. It outlines requirements for renewable fuel content, labeling, determining compliance units and carbon intensity, as well as reporting obligations for compliance with low carbon fuel standards. Key requirements include specific labeling for fuels with biodiesel or ethanol content, lifecycle analysis for carbon intensity determination, and detailed compliance reporting procedures.*
Additional information is available here.
Canada – Ontario
New Principal Document – Special Projects
First Effective Date: 1 January 2024
Industry Sector: General Industry
This document concerns designations of special projects (intended to test, assess, pilot or demonstrate a technology, method or activity that is new or innovative to Ontario using new or existing wells). It sets out the request and application requirements for obtaining a special project designation, the contents of such a designation, and the terms of the designation. It also specifies operating standards, registration notification, and security requirements for special projects, and rules for amendments to and transfers of special project designations.
Canada – Yukon
New Principal Document – Extended Producer Responsibility Regulation
First Effective Date: 25 January 2024
Industry Sector: General Industry
This document applies to businesses and their employees involved in the production, supply, or handling of designated materials, products, and packaging in Yukon. It outlines the Extended Producer Responsibility (EPR) regulations under the Environment Act, detailing requirements for businesses to manage the end-of-life of their products and packaging. Key requirements include the submission of stewardship plans, operation of stewardship programs, record-keeping, annual reporting, and audits to ensure compliance with waste management hierarchies and environmental protection objectives.*
United States – Federal
Amended Document – 40 CFR 141 Subpart C Monitoring and Analytical Requirements
Amending Document – Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling Procedures
First Effective Date: 30 January 2024
Industry Sector: General Industry, Building Management & Maintenance
According to the government, the change makes “93 additional methods available for analyzing drinking water samples” for compliance with national regulations.
New Principal Document – 47 CFR 227 Subpart C Emergency Escape Breathing Apparatus Standards
First Effective Date: 26 March 2024
Industry Sector: Rail Transportation
This document, according to the government, requires freight railroads “to provide covered employees with appropriate atmosphere-supplying [emergency escape breathing apparatuses (EEBAs)] when occupying a locomotive cab of a train transporting a hazardous material that would pose an inhalation hazard if released during an accident” (also referred to as “materials poisonous by inhalation”, or PIH). It also requires railroads that transport PIH materials “to establish and carry out programs for: selection, procurement, and provision of EEBAs; inspection, maintenance, and replacement of EEBAs; and instruction of employees in the use of EEBAs.”
The document sets out criteria for requiring and selecting EEBAs, rules for EEBA storage, employees’ responsibilities, and recordkeeping requirements. It applies “to a railroad transporting an in-service freight train that carries a PIH material on a track that is part of the general railroad system of transportation.”
Amended Document – 49 CFR 227 Subpart A General
Amending Document – Emergency Escape Breathing Apparatus Standards
First Effective Date: 26 March 2024
Industry Sector: Rail Transportation
According to the government, the change expands the document’s applicability to include train employees involved in the transportation of poison inhalation hazard (PIH) materials and, with some exceptions, railroads that operate freight trains that transport PIH materials, including their residue, on standard gauge tracks that are part of the general railroad system of transportation.
United States – New York
Amended Document – NYCL Title ENV-33-13 Unlawful Acts (Pesticides)
Amending Document – Birds and Bees Protection Act
First Effective Date: 21 March 2024
Industry Sector: General Industry, Building Management & Maintenance
The change prohibits, as of January 1, 2027, the sale and distribution of corn, soybeans and wheat seeds that have been “coated or treated with pesticides with the active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran, or acetamiprid”. The use of those ingredients is also prohibited in use for treating outdoor ornamental plants and turf, except agricultural commodities.
United States – Texas
Amended Document – TAC Chapter 4-7 Pesticides
Amending Document – TAC Chapter 4-7 Pesticides 2024-01-26 Amendments
First Effective Date: 31 January 2024
Industry Sector: General Industry
According to the government, the change “[classifies] pesticide products containing the active ingredient warfarin as a ‘state-limited-use’ pesticide when used as a feral hog toxicant and [establishes] related licensure requirements.”
United States – Washington
New Principal Document – WAC Chapter 296-820 Wildfire Smoke
First Effective Date: 15 January 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document, according to its content, “applies to all workplaces, including those with agricultural activity,” with certain exceptions for enclosed spaces, firefighters, and the performance of prescribed burns. It requires employers to identify and communicate potential hazardous exposures to their employees and to provide information and training regarding wildfire smoke before employees are exposed to specified levels of particulate matter (PM) in the air. It also contains requirements concerning exposure symptom responses and controls, the issuance of respiratory control, and the measurement of PM at worksites.
European Union
New Principal Document – Commission Delegated Regulation (EU) 2023/2772 of 31 July 2023 supplementing Directive 2013/34/EU of the European Parliament and of the Council as regards sustainability reporting standards
First Effective Date: 25 December 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document applies to large undertakings, small and medium-sized undertakings with securities admitted to trading on EU regulated markets, and parent undertakings of large groups. It outlines sustainability reporting standards supplementing the Directive on annual financial statements.
Businesses must report on sustainability matters, including their impacts and how these affect their development, performance, and position. They should prepare this information in accordance with the set sustainability reporting standards.
The document specifies general requirements for businesses and their employees, such as the adoption of sustainability policies, actions, and targets, and the disclosure of energy consumption, greenhouse gas emissions, and the financial effects of climate-related risks and opportunities.*
New Principal Document – Commission Delegated Regulation (EU) 2023/2917 of 20 October 2023 on the verification activities, accreditation of verifiers and approval of monitoring plans by administering authorities pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of greenhouse gas emissions from maritime transport, and repealing Commission Delegated Regulation (EU) 2016/2072
First Effective Date: 1 January 2024
Industry Sector: Water Transportation
This document applies to maritime transport companies and verifiers involved in monitoring, reporting, and verifying greenhouse gas emissions from ships. It outlines rules for verifying emissions data, accrediting verifiers, and approving monitoring plans.
Key requirements include ensuring verifiers are competent, impartial, and accredited by national bodies. Companies must submit verified emissions reports and monitoring plans for approval. Verifiers must follow specific procedures to maintain their accreditation and impartiality.*
New Principal Document – Commission Delegated Regulation (EU) 2023/2849 of 12 October 2023 supplementing Regulation (EU) 2015/757 of the European Parliament and of the Council as regards the rules for reporting and submission of the aggregated emissions data at company level
First Effective Date: 4 January 2024
Industry Sector: Water Transportation
This document applies to companies involved in maritime transport and details the requirements for reporting and submitting aggregated emissions data at the company level.
Key requirements include the submission of company and ship identification data, verification data, total aggregated greenhouse gas emissions, and information on the methodology used for aggregating emissions data.
It also outlines the administering authority’s role in estimating emissions data when companies fail to comply or submit verified data by the deadline.*
Denmark
Amended Document – Promulgation of the Working Environment Act
Amending Document – Act amending the Act on the working environment, the Act on occupational injury insurance and the Aliens Act
First Effective Date: 1 February 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The changes notably:
- update responsibilities concerning yearly supplementary work environment training discussions for the work environment committee;
- introduce an extended notice period where a work environment representative is not protected from dismissal; and
- clarify the requirements for conducting workplace health and safety assessments, focusing on the employer’s discretion in choosing the assessment methodology and the key elements of the assessment, such as risk assessment, a written action plan for addressing work environment issues, implementation of the plan, subsequent evaluation of the effectiveness of the implemented measures, and periodic assessments.
Ireland
New Principal Document – Circular Economy (Environmental Levy) (Plastic Bag) (No. 2) Regulations 2023
First Effective Date: 1 January 2024
Industry Sector: General Industry, Other
This document applies to businesses and individuals supplying plastic carrier bags to consumers at the point of sale. It outlines regulations for an environmental levy on plastic bags, exempting certain types of bags for hygiene and food wastage prevention.
Businesses must charge customers for non-exempt bags, itemize the levy on receipts, and submit levy returns to the Revenue Commissioners. Records of plastic bag stocks and transactions must be maintained for compliance and potential inspection by authorized officers.*
New Zealand
Repealed Document – Natural and Built Environment Act 2023
Repealing Document – Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
First Effective Date: 23 December 2023
Industry Sector: General Industry, Building Management & Maintenance
The changes in substance abandon completely the resource management system set out by this document, in order to revert to the system previously in place under the Resource Management Act.
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