STP COMPLIANCE EHS REGALERT ROUND-UP

JANUARY 31ST 2025

PFAS Regulation Continues to Expand Across United States

Two recent state-level actions highlight the ongoing spread of regulations aimed at holding property owners responsible for per- and polyfluoroalkyl substances (PFAS) contamination and cleanup costs across the country.  On the East Coast, a New Hampshire law went into effect on January 1, 2025, that requires sellers to provide notice to prospective buyers about the possible presence of PFAS on properties ( HB 398 (2023)).  While the law does not directly impose cleanup liability or threshold reporting levels, it highlights the public’s emphasis on these substances and their importance in property 

 transactions.  Similarly, on the West Coast, a  proposal in Oregon ( PFAS 2025 ) would expand the definition of “hazardous substance” to include  PFAS under the state cleanup law.  For background, the federal Environmental Protection Agency (EPA) amended the definition of hazardous substance under the Comprehensive Environmental Response and Cleanup Act (CERCLA, commonly known as the “Superfund” law) in May 2024 to include two of the most common PFAS: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).  EPA has indicated they intend to add more PFAS in the future. CERCLA is the main federal law that regulates the identification, remediation and liability for contaminated

 properties. The definition of hazardous substances is a fundamental part of the contaminated sites cleanup program because the release  of a listed hazardous substance is the primary trigger that gives regulators authority to require investigation, removal, and remedial actions when listed hazardous substances are discovered on a property. Since PFAS were added to the federal definition, state regulators have begun updating their regulations to align with the federal standard.  Cleanup actions can be very costly and have significant impacts on commercial property transactions due to the risks and liability associated with cleanup actions.

CLP Regulation Updates – New Hazard Classes (e.g., Endocrine Disrupting Substances)

Published on November 20, 2024, and adopted by the European Council,  Regulation (EU) 2024/2865 amends Regulation (EC) No 1272/2008 on the classification, labelling, and packaging (CLP) of substances and mixtures (known as the  CLP Regulation) which applies directly to all European Union (EU) member states. The updates are significant, with the addition of new hazard classes, including endocrine-disrupting chemicals for human health (category 1 or 2); endocrine-disrupting chemicals for the environment (category 1 or 2); persistent, bioaccumulative and toxic substances; very persistent and very bioaccumulative substances; persistent, mobile and toxic substances; and very persistent and very mobile substances. Other amendments allow the digital labelling of chemical  products, providing they comply with the

OSHA’s Hazard Communication Standard (HCS) update became effective July 19, 2024, bringing many substantive changes yet leaving HCS’ structure unchanged. OSHA expects it to reduce incidents with a minimal learning curve for downstream users because the look and feel of safety data sheets (SDS) and most labels remain unchanged, but they will have better hazard classifications (the changes to Appendices A and B convey potential health and physical hazard risks more clearly to users). Other factors, such as a long compliance lead time, should keep training and other costs associated with the HCS update minimal for most employers. Hazardous communications and training programs, for which OSHA states in the final rule’s preamble it will publish related guidance documents, must be updated by July 19, 2026, with an additional eighteen-month allowance for mixtures.

Chemical manufacturers, distributors, and importers have until January 19, 2026, and July 19, 2027 (for substances and mixtures, respectively) to issue labels and SDS that reflect the new HCS requirements. Such companies are most impacted by the HCS update, but some of its changes should lower costs. For example, a clarifying revision to  1910.1200(d) now explains that manufacturers shall consider their customers’ “reasonably anticipated uses or applications” in assigning hazard classifications. However, another change refers to that same provision to grant relief from the label update requirement. Now, shipped containers with long supply chains are not required to retain their original labeling if paragraph (d) uses or applications change. Also, trade secrets provisions for chemical mixtures now conform to the Canadian standard, requiring less detail, and allowing the same SDS to be used by Canadian and U.S. workers alike.

Another area of cost savings comes from aligning with seventh revision (Rev. 7) of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Now HCS is aligned with other U.S. agencies and international trading partners such as Canada and the EU, which have all adopted Rev. 7. All told, this harmonization, conservation of basic HCS framework, and making HCS documentation more efficient have led OSHA to project that the implementation of the new HCS will result in national annual cost savings of $30M.

Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Changes have also been made specifying font sizes based on container capacity, and modifying fold-out label requirements, which previously only applied to small packages. While this amending Regulation entered into force on 10 December 2024, some new provisions on labelling (applicable to updating label information, fold-out/reduced labelling, digital labelling) and provisions related to public information of the Classification & Labeling (C&L) inventory, and marketing will be phased in on July 1, 2026. Others, applicable to font size, label dimensions, line spacing, font type, and color, will be effective on January 1, 2027. These transitional provisions are detailed in Article 2 of Regulation (EC) No 1272/2008. Additional  Guidance on CLP requirements are available through the European Chemicals Agency (ECHA).

OSHA Proposal Expands Regulatory Focus on Heat Injury and Illness

Heat injury and illness prevention has been a major regulatory trend in the United States throughout 2024. Longer periods of hotter, drier weather are fueling the focus on mitigating the effects of workplace exposure to heat in both indoor and outdoor workplaces.  Most recently, on August 30, 2024, the United States  Occupational Safety and Health Administration (OSHA) issued a proposed rule establishing a nation-wide health and safety standard to address safety risks from heat.  OSHA’s proposed rule follows a state-level trend dating back to 2006, when California adopted the first dedicated heat safety standard.  The California standard is applied to outdoor workplaces exclusively, with a focus on agricultural, construction and seasonal workers exposed to high outdoor temperatures.  Since then, five other states have adopted heat safety standards (Minnesota, Colorado, Washington, Oregon, and Maryland), and California has expanded the scope of its regulation to cover indoor workplaces.  The most recent state-level developments are from Maryland (September 2024 at COMAR 09.12.32) and California (June 2024 at 8 CCR 3396).   The state regulations and federal proposal share several common themes, particularly threshold heat conditions that trigger employers to take additional remedial actions and establish a heat illness prevention and management plan. The proposed federal standard is notable because it is relatively rare for OSHA to develop a completely new safety standard that will apply to employers across industry sectors nationwide.  OSHA is collecting public comments on the proposal through December 30, 2024.

S. Korea’s OSHA Revised to Address Working in Extreme Temperatures

 On October 22, 2024, in what has now become a global regulatory trend, the Ministry of Employment and Labor issued  Act No. 20522 (Partial Revision of the Occupational Safety and Health Act (OSHA)), which adds working long hours during a heat wave, or a cold wave as recognized causes of an occupational illness/health disorder. Citing climate change as a serious risk factor for workers, these amendments require employers to take the necessary measures to prevent health disorders caused by

Effective July 1, 2024, California’s Department of Toxic Substances Control (DTSC)  adopted the federal EPA’s Generator Improvements Rule (GIR), in the first of two rulemaking packages. The changes significantly amend, recodify, and restructure rules applicable to small quantity generators, very small quantity generators, and large quantity generators in relation to acute hazardous waste, extremely acute hazardous waste, and non–acute hazardous waste.

The provisions DTSC included in this first rulemaking package are all more stringent than the provisions they replace, which made their adoption by the Department mandatory. These include 1) a new generator re-notification requirement, 2) new marking and labeling requirements for containers and tanks, 3) new requirements for closures and satellite accumulation areas, and 4) new spill procedure-related requirements for small and large quantity generators. The new structure now mirrors the federal rule for better comprehension.

working long hours in extreme temperatures. This amendment comes into effect on June 1, 2025. As an International Labour  Organization (ILO) member state, this S. Korean amendment was notably published just months after the July 2024 ILO publication entitled “ Heat at Work: Implications for Safety and Health, A Global Review of the Science Policy and Practice,” which includes information on the national policy responses of member states (section 3.2) and guidance in Chapter 4 on Workplace heat stress prevention and control practices, with detailed descriptions of protective measures which can be applied according to a “hierarchy of controls.” 

Ontario and Alberta Revise Workplace Harassment and Violence Provisions

Recent changes in Ontario (ON) and Alberta (AB) highlight a growing focus on workplace violence and harassment in Canada.  The amendments require employers to review and potentially update their workplace harassment and violence policies and programs to ensure compliance. On October 28, 2024, ON Bill 190,  Working for Workers Five Act, 2024, amending the Occupational Health & Safety Act (OHSA), received Royal Assent and brought into force two revised definitions, “workplace harassment” and “workplace sexual harassment,” effectively expanding the scope of existing protections for both types of harassment to cover such behavior occurring “virtually through the use of information and communications technology.” Under the OSHA, ON employers must prepare a policy concerning workplace harassment and review the policy as often as necessary (at least annually). A written program to implement the policy is also required; therefore, employers with policies

and programs that have not been recently updated and/or reviewed should review these documents as soon as possible to ensure compliance.

More recent amendments to Part 27 of Alberta’s  Occupational Health and Safety (OHS) Code on Violence and Harassment, issued under  AB Regulation 202/2024, became effective on December 4, 2024. Key amendments repealed and replaced the separate violence prevention plan and harassment prevention plan requirements, consolidating these requirements into one consolidated and prescribed violence and harassment prevention plan. These new integrated plans continue to have a 3-year minimum review schedule. Still, they must also be reviewed when an incident of violence or harassment indicates a review is required (not necessarily after every incident as previously required), when a change may affect the potential for such an incident, and upon the Joint H&S Committee or representative’s request. Other related amendments on preventative training and the investigation and reporting of incidents are largely unchanged but provide clarifications.

The Changing State of Reclaimed Water

On October 1, 2024, California became the second state with a  Direct Potable Reuse Program. Direct potable reuse (DPR) introduces reclaimed water, without environmental buffers and treated using advanced methods, directly into a potable water distribution system. Namibia has operated the only full-scale DPR facility since 2002, despite many attempts from jurisdictions around the world to get approval for more. It appears that is about to change. The nation’s first DPR program, in Colorado, became effective just two years ago. Arizona and Florida have published proposed rules, and twelve states have DPR guidelines.

Agencies cite increasing water demand and diminishing supply as primary drivers for these programs; more affordable and proven methods make them practicable. Recycled water has many secondary benefits for business, including better development planning assurance due to stable water supplies and answering ESG considerations since recycled or reclaimed water is considered a form of water reduction. The effects of DPR extend beyond the cities they serve too. It has the smallest carbon footprint of any community water source because it is produced close to where it is used and provides relief for sensitive aquatic ecosystems from reduced withdrawal pressure and contaminated effluent. However, the



progress of DPR as a regulatory movement belies the stalled status of bringing advanced water treatment facilities into production. Public concerns have stymied permitting efforts despite demonstrating safe test methods from pilot facilities.

Florida may help break the logjam. It has been recognized as the national leader in water recycling for a generation. Highly treated reclaimed water augments surface water through its indirect potable reuse (IPR) program and helps Florida recycle nearly half of its wastewater. IPR differs from DPR in that it retains an environmental buffer, but with wastewater involved, IPR also faces strong public resistance. Utilities and agencies in Florida have a track record of IPR implementation they could emulate in promoting the safety and benefits of DPR to end users already acclimatized to water reuse. Florida’s water conservation success makes its recent rulemaking,  Advanced Potable Water Reuse System, January 7, 2025, worth watching. It proposes a comprehensive DPR framework, establishing procedures to obtain a permit, construct, modify, operate, and maintain an advanced water purification facility. It includes the requirements for monitoring and reporting once a permit is issued and requirements for the proper operation of advanced potable water reuse systems. In concert with the DPR proposed rule, the agency has also proposed expanding its IPR program to allow groundwater replenishment.