Retail Regulatory Updates | December 2025

Dive into regulations reshaping the retail industry and discover how you can turn compliance into a competitive advantage.

This Week's Contributor

Tonya Read Project Manager, Permitting and Compliance APTIM | Environmental & Sustainability Solutions Email

Spotlighting Retail Regulatory Shifts

Ongoing regulatory changes continue to impact retail businesses. Staying informed is essential for ensuring compliance, risk mitigation, and maintaining a competitive edge in a dynamic marketplace. APTIM provides expert guidance to help businesses navigate evolving regulations and develop tailored compliance strategies to remain ahead of emerging requirements.

Navigating the latest regulations doesn’t have to be complicated. With the right support, you can stay compliant, reduce risk, and keep your business moving forward. Whether you need support understanding emerging legislation or developing a proactive compliance plan, APTIM is here to help.

Hazardous Materials

Federal EPCRA & Tier II Reporting Updates (40 CFR Part 370):
The EPA implemented significant updates to 40 CFR Part 370, which governs hazardous chemical inventory reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA). These changes mandate electronic submission of Tier II reports via EPA-approved platforms, eliminating paper-based reporting and requiring facilities to adopt digital compliance systems. The rule expands reporting fields to include precise storage locations within a facility, container types, and hazard classifications aligned with the Occupational Safety and Health Administration (OSHA) Globally Harmonized System (GHS). It also introduces stricter requirements for mixtures and trade-secret chemicals, requiring disclosure of component hazards while protecting proprietary information. Facilities must now upload current safety data sheets for all reportable chemicals, and penalties for late or inaccurate submissions have been increased to encourage timely compliance. Additionally, the EPA clarified thresholds for extremely hazardous substances and common chemicals, ensuring consistency across states. For retail stores, these changes affect locations that stock large quantities of cleaning agents, flammable aerosols, or pool chemicals, requiring accurate inventory tracking and electronic Tier II reporting. Data centers, which often maintain large battery systems (lead-acid or lithium-ion) for backup power, must report these chemicals with detailed hazard and storage data, including room-level location and container specifications. Distribution centers, which store chemicals in bulk or handle mixed loads, face the most significant impact, as they provide granular details on storage configurations and ensure safety data sheet availability for all products. These updates aim to improve emergency preparedness and community safety but require businesses to upgrade compliance software, train staff on new reporting tools, and maintain real-time chemical inventory records.
Enacted: 06/12/2025
Compliance: 03/01/2027

Fire Code

Colorado Fire & Life Safety Code Enforcement (8 CCR 1507-31):
The recent amendments to Colorado Code of Regulations 8 CCR 1507-31 significantly strengthen fire safety, emergency preparedness, and hazardous materials management requirements for commercial and industrial facilities. The updates include expanded fire suppression system standards, requiring facilities to install or upgrade sprinkler systems to meet modern performance criteria, and to implement automatic detection technologies for high-risk areas such as electrical rooms and storage zones. Inspection and maintenance intervals have been shortened, and facilities must now maintain digital and verifiable records of all fire safety inspections and repairs for regulatory review. The rule also introduces enhanced hazardous material storage protocols, including segregation of incompatible chemicals, secondary containment for flammable liquids, and mandatory labeling aligned with National Fire Protection Association (NFPA) standards. Emergency planning requirements have been updated to include accessible evacuation routes, illuminated signage, and coordination with local fire authorities, along with annual employee fire safety training and documented drills. Additionally, facilities must prepare comprehensive emergency response plans, including procedures for chemical spills, electrical fires, and evacuation of persons with disabilities. For retail stores, compliance will involve verifying that sprinkler systems and fire alarms meet updated standards, ensuring proper storage of flammable products such as cleaning chemicals and seasonal goods, and updating evacuation maps and signage. Data centers face heightened obligations for electrical fire prevention, requiring clean-agent suppression systems for server rooms, advanced smoke detection, and strict maintenance and testing documentation. They must also integrate emergency shutdown procedures for critical systems into their fire safety plans. Distribution centers, which often store large volumes of combustible materials and hazardous chemicals, will experience the most significant impact. They must upgrade sprinkler coverage for high-piled storage, implement segregation and containment for hazardous substances, and conduct scheduled fire drills for staff. Across all facility types, these changes demand capital investment in fire protection infrastructure, employee training programs, and robust compliance documentation to meet the new regulatory standards.
Enacted: 11/30/2025
Compliance: 11/30/2025
Ohio Fire Code Updates (130:7-7):
For retail stores, the updated Ohio Fire Code provisions will require stricter compliance in areas such as flammable and combustible product storage, including limits on quantities displayed on the sales floor and mandatory separation from ignition sources. Enhanced labeling and signage requirements will ensure customers and staff are aware of hazards, while aisle clearance and egress routes must meet new minimum widths to support rapid evacuation. Retailers will also need to update emergency evacuation plans, conduct regular fire drills, and maintain accessible fire extinguishers and suppression systems in high-risk areas like seasonal displays or back-stock rooms. For data centers, the changes emphasize heightened electrical fire prevention and suppression, requiring upgraded fire detection systems, clean-agent suppression technologies, and compliance with stricter inspection intervals for electrical panels and cabling. Facilities using large-scale battery storage or diesel generators for backup power must implement enhanced hazardous material handling protocols, including spill containment for electrolytes and fuel, and install clear hazard signage near critical equipment. Routine fire safety audits and documentation will become more rigorous, with a focus on minimizing downtime during emergencies. For distribution centers, the impact is most significant due to the volume and combustibility of stored materials. New rules mandate enhanced ventilation systems in areas storing flammable liquids or aerosols, secondary containment for spills, and automatic fire suppression systems tailored to high-piled storage configurations. Facilities will need to review rack storage layouts, maintain minimum clearance from sprinklers, and implement segregation of incompatible chemicals. Additional requirements include employee training on hazardous material response, updated inventory tracking for compliance, and more frequent fire marshal inspections. Across all facility types, compliance will involve revising fire safety plans, training staff on updated protocols, and potentially investing in infrastructure upgrades such as advanced suppression systems, improved ventilation, and digitized compliance tracking tools to meet new inspection and reporting standards.
Enacted: 11/10/2025
Compliance:
1. New construction and installations: Must comply immediately upon the effective date (Nov 20, 2025).
2. Existing facilities: Compliance required by the next scheduled inspection or permit renewal, with full enforcement beginning May 20, 2026 (six months after effective date).

Air Quality, Energy & Sustainability

Alabama National Emission Standards for Hazardous Air Pollutants (335-3-11-.06):
The recent amendments to Alabama Administrative Code 335-3-11-.06 update the state’s incorporation of federal National Emission Standards for Hazardous Air Pollutants (NESHAP) under 40 CFR Part 63, ensuring Alabama remains consistent with US EPA requirements. These changes include clarified compliance obligations for facilities that handle hazardous air pollutants, such as enhanced monitoring, leak detection, recordkeeping, and reporting standards. The rule also updates requirements for equipment standards, control technologies, and performance testing for affected sources, including gasoline distribution terminals, dry cleaning operations, and industrial cooling towers. For retail stores, the impact is limited unless they operate dry cleaning equipment using perchloroethylene or similar solvents or store significant quantities of regulated chemicals. In those cases, they implement enhanced emission control systems, maintain detailed compliance logs, and ensure proper employee training on handling hazardous substances. Data centers may be indirectly affected through provisions related to emergency generators and cooling towers, which now require improved chemical treatment practices, vapor control measures, and inspection protocols to prevent hazardous emissions. Distribution centers face the most substantial impact if they manage bulk gasoline or flammable chemical storage, as the revised rule mandates vapor recovery systems, secondary containment, and more rigorous leak detection and reporting to minimize environmental risk. Overall, these changes increase the need for environmental compliance planning, staff training, and potential equipment upgrades across all facility types that handle hazardous materials or operate emission-generating systems. Facilities should review their current operations, update permits, and implement monitoring programs to meet the new standards.
Enacted: 11/19/2025
Compliance:
1. New sources: Must comply immediately upon the effective date (October 13, 2025).
2. Existing sources: Compliance required by April 13, 2026 (six months after effective date) for monitoring, reporting, and control requirements.

Colorado Toxic Air Contaminants, Greenhouse Gases & Energy Benchmarking (5 CCR 1001-34):
The recent amendments to Colorado Code of Regulations 5 CCR 1001-34 further strengthen the state’s Greenhouse Gas (GHG) Emissions and Energy Efficiency Program for Large Buildings and Industrial Facilities, aligning with Colorado’s climate action goals. The changes include mandatory annual GHG emissions reporting, expanded energy benchmarking requirements, and phased emission reduction targets that facilities must meet over the next decade. The rule now requires covered entities to submit verified emissions data through an approved reporting platform and maintain detailed records for audits. It also introduces performance-based compliance pathways, allowing facilities to meet reduction targets through energy efficiency upgrades, renewable energy procurement, or participation in approved offset programs. Enforcement provisions have been clarified, with penalties for non-compliance and incentives for early adoption of energy-saving measures. For retail stores, particularly large chains and big-box locations, compliance will involve upgrading HVAC systems, installing high-efficiency lighting, and implementing building automation systems to reduce energy consumption. They must also complete annual benchmarking reports and maintain documentation for inspections. Data centers, which are among the highest energy consumers, face the most stringent requirements. They will need to adopt advanced cooling technologies, optimize server loads, and transition to renewable energy sources to meet GHG reduction targets. Continuous monitoring and reporting will be critical, and failure to comply could result in significant penalties. Distribution centers, which often operate large warehouses with heating, refrigeration, and material-handling equipment, will need to implement energy-efficient technologies, improve insulation, and optimize operational schedules. These changes will likely require capital investment, staff training on compliance systems, and strategic planning to meet phased reduction goals, making energy management a priority operational function for all facility types.
Enacted: 11/20/2025
Compliance:
1. Reporting and initial inventory requirements: Due May 1, 2026 for facilities subject to the rule.
2. Emission control and monitoring requirements: Begin January 1, 2027, with phased implementation for certain source categories.

Wastewater

Ohio Permit to Install (OAC 3745-42):
- OAC 3745-42-02 (Permit to Install Requirements): This section was updated to clarify when a permit to install (PTI) is required for wastewater treatment systems and related infrastructure. The changes emphasize stricter documentation and engineering plan submissions before construction or modification. For retail stores, this affects locations adding food preparation areas or car wash facilities, as they may need PTIs for new plumbing or pretreatment systems. Data centers could be impacted when installing cooling systems that discharge water, requiring compliance with PTI rules. Distribution centers face similar obligations if they expand operations involving floor washing or equipment cleaning that generates wastewater.
- OAC 3745-42-06 (General PTI Conditions): This rule now includes more detailed operational and maintenance requirements for systems installed under a PTI, including recordkeeping and reporting obligations. For retail stores, this means ongoing compliance for grease traps or small treatment units. Data centers must maintain logs for cooling tower blowdown or water treatment systems. Distribution centers will need to ensure proper upkeep of any wastewater handling equipment to avoid potential violations.
- OAC 3745-42-07 (PTI for Sewerage Systems): The revisions clarify design standards and capacity requirements for sewerage systems, especially those serving large facilities. Retail stores in shopping complexes may need to verify shared sewer capacity before expansion. Data centers, which often require high water usage for cooling, must ensure sewer systems can handle discharge volumes. Distribution centers with large restrooms or cleaning operations may need system upgrades to meet new standards.
- OAC-3745-42-08 (PTI for Industrial Wastewater Treatment): This section now requires more stringent pretreatment standards and monitoring for industrial wastewater. For retail stores, this primarily affects grocery or big-box locations with food processing. Data centers using chemical water treatment for cooling systems must comply with updated discharge limits. Distribution centers that clean equipment or vehicles may need pretreatment systems to meet new pollutant thresholds.
- OAC 3745-47-07 & 3745-47-08 (Public Notice and Comment Procedures): These rules were revised to streamline public participation in permitting decisions, including electronic notice and comment options. While this does not directly change operational requirements, retail stores, data centers, and distribution centers seeking PTIs for expansions or new systems should anticipate greater transparency and potential public input during permitting.
  Enacted: 11/13/2025
  Compliance:
  1. New permit applications and installations: Must comply immediately upon effective date (Aug 1, 2025).
  2. Existing facilities: Compliance required by the next permit renewal or modification, with enforcement for updated operational and procedural requirements beginning February 1, 2026 (six months post-effective date).

Overall Impact: These changes increase the regulatory burden for facilities installing or modifying wastewater systems, requiring more detailed engineering plans, stricter pretreatment standards, and enhanced recordkeeping. Retail stores with food service areas, data centers with cooling systems, and distribution centers with cleaning operations will need to review their infrastructure plans, update compliance programs, and possibly invest in system upgrades to meet new standards.

Aboveground & Storage Tanks

Wisconsin AST & UST Updates (ATCP 93.140):
The 2025 revisions to Wisconsin ATCP 93.140 introduce substantive changes to both technical and administrative requirements for storage tank systems containing flammable, combustible, or hazardous liquids. These updates aim to enhance environmental protection, strengthen fire safety, and increase operational accountability. On the technical side, all leak detection methods must now be independently certified to EPA protocols and capable of detecting leaks as small as 0.1 gallons per hour with a 95% detection probability and a 5% false alarm rate. Automatic tank gauges must detect 0.2 gallons per hour leaks and include printed reports confirming leak status. Manufacturers are required to define threshold leak rates and account for environmental factors such as thermal expansion and vapor pockets. Additionally, flexible nonmetallic piping must meet UL 971 or equivalent certification standards, and synthetic flexible dike liners must comply with fire safety requirements such as NFPA 701 and follow strict installation specifications, including seam testing and soil cover requirements. These measures are designed to reduce fire hazards and environmental contamination risks. Administrative changes include expanded registration and reporting obligations. All regulated tanks, whether underground or aboveground, must be registered with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). Owners are required to report changes such as installation, ownership transfer, or operational status within 15 days. Tanks placed temporarily out of service must maintain corrosion protection, leak detection, and financial responsibility, and if out of service for more than 365 days, they must undergo precision tightness testing and leak detection verification before returning to service. Failure to comply with registration timelines or documentation requirements can result in penalties and enforcement actions. However, certain tanks are exempt from registration, including aboveground tanks under 1,100 gallons that store heating oil or used oil for on-site consumption, tanks used for farm or construction purposes, tanks storing Class IIIB liquids other than used oil, and tanks located inside buildings for industrial processes. Additional exemptions apply to aboveground tanks under 5,000 gallons storing nonflammable federally regulated hazardous substances, portable tanks on-site for less than 24 months, and tanks at Environmental Protection Agency (EPA) Superfund sites. Used-oil tanks of 110 gallons or more must be registered unless consumed on-site. Retail stores with fueling stations must upgrade or validate leak detection systems, ensure automatic tank gauges meet new precision standards, and maintain accurate registration records for all non-exempt tanks. Data centers storing diesel for backup generators must comply with leak detection and containment standards, register tanks promptly, and maintain protection systems even during temporary shutdowns. Distribution centers with large-scale storage operations must adhere to registration and reporting requirements for all tanks, including seasonal or standby units, and document liner approvals, piping certifications, and leak detection performance. While these revisions increase compliance costs through equipment upgrades, certification fees, and administrative documentation, they significantly reduce liability and environmental risk. Businesses should anticipate additional expenses for purchasing updated standards and training staff, with costs potentially reaching several thousand dollars depending on facility size and complexity.
Enacted: 10/01/2025
Compliance:
1. New installations and systems: Must comply immediately upon effective date.
2. Existing systems: Compliance at next inspection and/or upgrade; enforcement for operational requirements (spill kits, monitoring, documentation) begins January 1, 2026.
3. Certain equipment upgrades (secondary containment, electronic monitoring) by November 1, 2026.

Fueling Stations & Underground Storage Tanks

California Fueling Station & UST Updates (Tit.23, 1061, 1062, 1064, 1074, 1075, and 3833.1):
The recent amendments to California Title 23 Sections 1061, 1062, 1064, 1074, 1075, and 3833.1 significantly strengthen environmental protection measures related to underground storage tanks (USTs) and hazardous substance management. Sections 1061, 1062, and 1064 introduce stricter design and installation standards, requiring double-walled tanks, advanced leak detection systems, and secondary containment for piping and dispensers. These updates also mandate continuous electronic monitoring and alarm systems to detect leaks before they reach soil or groundwater. Sections 1074 and 1075 expand operator training and certification requirements, ensuring that personnel responsible for UST systems understand emergency procedures, maintenance protocols, and compliance documentation. Section 3833.1 revises spill prevention and emergency response requirements, including accelerated release reporting timelines, mandatory spill kits on-site, and detailed cleanup procedures to prevent contamination of water resources. For retail stores, these changes primarily affect locations with fueling stations or chemical storage areas, requiring capital-intensive infrastructure upgrades such as installing double-walled tanks, electronic leak detection, and improved spill containment systems. Staff will need additional training and certification to meet new operator standards, and emergency response plans must be updated to comply with shortened reporting deadlines. Data centers, which often store large volumes of diesel fuel for backup generators, will face similar obligations, including enhanced containment systems, continuous monitoring, and tightened maintenance schedules for fuel tanks and piping. Distribution centers, which frequently manage bulk fuel or hazardous chemicals, will experience the most significant impact, as they must implement comprehensive compliance programs covering tank upgrades, leak detection technology, operator training, and emergency preparedness.
Enacted: 11/05/2025
Compliance:
1. Operator training and documentation: January 1, 2026
2. Equipment upgrades (monitoring, containment): By next major modification or no later than October 1, 2026.

Wisconsin AST & UST Updates (ATCP 93.140):
The 2025 revisions to Wisconsin ATCP 93.140 introduce significant changes to both technical and administrative requirements for storage tank systems containing flammable, combustible, or hazardous liquids. These updates aim to enhance environmental protection, strengthen fire safety, and increase operational accountability. All leak detection methods must now be independently certified to EPA protocols and capable of detecting leaks as small as 0.1 gallons per hour with a 95% detection probability and a 5% false alarm rate. Automatic tank gauges must detect 0.2 gallons per hour leaks and include printed reports confirming leak status. Flexible nonmetallic piping must meet UL 971 or equivalent certification standards, and synthetic flexible dike liners must comply with NFPA 701 fire safety requirements and strict installation specifications. Administrative changes include expanded registration and reporting obligations. All regulated tanks must be registered with DATCP, and owners must report installation, ownership transfer, or operational status changes within 15 days. Tanks out of service for more than 365 days must undergo precision tightness testing and leak detection verification before returning to service. Several categories of tanks—such as certain heating-oil tanks, farm-use tanks, small Class IIIB tanks, and indoor process tanks—are exempt. Retail stores, data centers storing diesel for generators, and distribution centers with large-scale storage operations must ensure systems meet enhanced leak detection, containment, certification, and registration requirements.
Enacted: 10/01/2025
Compliance:
1. New installations and systems: Must comply immediately upon effective date.
2. Existing systems: Compliance at next inspection/upgrade; enforcement for operational requirements begins January 1, 2026.
3. Certain equipment upgrades (secondary containment, electronic monitoring): By November 1, 2026.

Pressure Vessels

Ohio Inspection Schedules (OAC 1301:3-5-07):
The recent changes to this rule clarify inspection intervals and reinforce documentation requirements for extended inspection schedules. Power boilers must still undergo inspections every three years. However, facilities can apply for extended intervals—biennial, triennial, or even quinquennial—if they meet strict criteria, including comprehensive water treatment programs, outage histories, and prior inspection reports demonstrating safe operation. For retail stores, this primarily affects large-format locations or grocery chains that use boilers for heating or food preparation; they will need to maintain detailed maintenance logs and water treatment records to qualify for extended intervals. Data centers, which often rely on boilers for humidity control or backup systems, will face increased scrutiny on operational reliability and may need to upgrade monitoring and documentation systems to meet new standards. Distribution centers, especially those with process boilers for climate control or material handling, will see the most operational impact, as they must implement robust preventive maintenance programs and ensure compliance with new reporting requirements to avoid inspection delays.
Enacted: 10/01/2025
Compliance: 10/01/2025
Ohio Operator & Engineer Requirements (OAC 1301:3-5-10)
This rule significantly reduces the required operating experience hours required to qualify for stationary engineer certification, addressing workforce shortages and making it easier for facilities to hire qualified personnel. Previously, candidates needed extensive hands-on experience—often over 1,000 hours—but the revised rule lowers this threshold, allowing faster certification for individuals with relevant training. For retail stores, this change means that locations with on-site boilers can more easily staff certified operators, reducing reliance on third-party contractors and lowering compliance costs. Data centers benefit by filling critical roles for boiler and generator oversight more quickly, which is essential for maintaining uptime and meeting fire safety standards. Distribution centers, which often operate large boilers for heating expansive spaces, will see the greatest advantage, as the reduced experience requirement helps alleviate staffing challenges and ensures continuous compliance without operational disruptions.
Enacted: 10/01/2025
Compliance: 10/01/2025

Need Help with Compliance?

Contact RegulatoryReview@APTIM.com to learn how our team of experts can guide your business through existing requirements and prepare you for what’s next.

Published December 2025

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