In an unprecedented move, today (March 26, 2020) EPA issued a memorandum to its governmental and private sector partners about its new temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. The memo states the EPA will exercise its enforcement discretion for noncompliance covered by temporary policy and resulting from the … Continue Reading
Following a recent settlement between the California Attorney General’s Office and a number of alcoholic beverage retailers, the Office of Environmental Health Hazard Assessment (OEHHA) is proposing to clarify the Proposition 65 warning requirements for alcoholic beverages sold on the internet, in catalogs, and via third-party providers. The most prominent item in the settlement’s methods … Continue Reading
Five years after its first iteration, yesterday (11 March 2020), the European Commission launched its new Circular Economy Action Plan (CEAP) as part of the overall European Green Deal. The CEAP contains many proposals. We will explore others (including those relating to batteries, packaging, plastics, textiles, ‘safe-by-design’ chemicals, non-financial reporting and shipment of waste) in … Continue Reading
The European Commission is seeking feedback on a proposed initiative to revise the EU Non-Financial Reporting Directive (NFRD) (EU Directive 2014/95/EU), with submissions due by 27 February 2020. The NFRD requires certain large companies to annually disclose a range of non-financial information, including in relation to the environment, social and employee matters, human rights, and … Continue Reading
The Washington State Department of Labor and Industries (L&I or Department) recently released two documents related to its development of a refinery-specific process safety management (PSM) rule. First, L&I released a revised draft of its proposed refinery-specific PSM rule language; the Department, however, will not be accepting comments on this language until formal rulemaking begins … Continue Reading
The U.S. Chemical Safety Board (CSB or Agency) recently published a Notice of Proposed Rulemaking for its accidental reporting rule in the Federal Register (Proposed Rule). The CSB was established by the Clean Air Act Amendments of 1990, which directed the Agency, among other things, to investigate and report on any accidental release “resulting in … Continue Reading
On November 7, 2019, OSHA held a public stakeholder meeting on safety key performance indicators (KPIs). During this meeting, the agency sought input from employers and industry groups on leading and lagging safety KPIs. Specifically, OSHA aimed to gather information about: (1) how companies regularly implement leading indicators; (2) how the information is used to … Continue Reading
The end of the current Energy Savings Opportunity Scheme (ESOS) compliance period (and associated notification by the end date of 5 December 2019) is fast approaching in the UK. The next ESOS compliance period commences on 6 December 2019 and will require companies to assess if they are within scope of the ESOS. Introduced under … Continue Reading
The Transportation and Climate Initiative (TCI) is a collaboration of 13 Northeast and Mid-Atlantic jurisdictions, including Pennsylvania, New York, New Jersey, and Washington, D.C. The TCI’s goal is to increase the use of clean transportation and energy, and reduce carbon emissions, in the transportation sector. TCI jurisdictions are in the process of developing a plan … Continue Reading
In May 2019, we blogged about the UK government’s consultation on which direction UK carbon emissions policy should take post Brexit, with the preferred course being a UK-only ETS (emissions trading scheme) that is formally linked with the EU ETS. Please click here to read more. The government is due to publish its full response … Continue Reading
On October 8, 2019, the Office of Administrative Law approved an adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED). This CEW recycling fee is assessed when a California consumer buys a CED – generally, any video display device with a screen larger than four inches – from a retailer. … Continue Reading
A new registry regulation for Phase IV of the EU emissions trading system (ETS) has been published recently, and will replace the current registry regulation from 1 January 2021. Among other changes, the new registry regulation will accommodate allowances originating from the Swiss Emissions Trading Scheme, recognise EU allowances as financial instruments, and make administrative … Continue Reading
Our EU law environmental and product regulatory teams have been following the passage of a significant new law through the French parliament: ‘the Anti-Waste and Circular Economy Bill’ (Projet de loi relatif à la lutte contre le gaspillage et à l’économie circulaire) (the Bill). Key features of the Bill include: Radically expanded obligations for producers … Continue Reading
The European Commission has recently adopted a range of new mandatory ecodesign obligations, which include ecodesign and energy efficiency requirements for energy related products in the EU, pursuant to the EU Ecodesign Framework Directive (Directive 2009/125/EC).… Continue Reading
Biffa Waste Services Ltd (Biffa) has been fined for breaching Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007 after containers of paper for recycling were found to be contaminated with household waste. The fine was £350,000 plus an additional £240,000 in costs. In 2015, Biffa had arranged for shipments of waste paper to … Continue Reading
Following on from the consultations carried out in 2018, and as had been expected, the European Chemicals Agency (ECHA) announced yesterday that it will move to add 18 substances of very high concern (SVHC) to Annex XIV of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), i.e. the “Authorisation List”. As a reminder, substances … Continue Reading
On September 25, 2019, the Senate Committee on Environment and Public Works (EPW) voted unanimously to approve Dr. Katherine A. Lemos, President Donald Trump’s nominee to lead the U.S. Chemical Safety and Hazard Investigation Board (CSB). Dr. Lemos’ nomination will now advance to the full Senate for confirmation.… Continue Reading
On September 12, 2019, the U.S. Environmental Protection Agency (EPA) and the Department of the Army issued a pre-publication draft of the final rule to repeal the 2015 Clean Water Rule definition of “Waters of the United States” (WOTUS Rule), which amended existing Clean Water Act (CWA) regulations. According to the EPA, the agencies’ goal … Continue Reading
On 9 September 2019, the German Federal Ministry of Economic Cooperation and Development (Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung – BMZ) introduced a new, state-regulated environmental label for “Green Button” (Grüner Knopf) certified textiles with a press release, available here. The BMZ also launched the official Green Button website, which is available in German at http://www.gruener-knopf.de/. In a nutshell … Continue Reading
The European Commission is inviting interested parties to submit their comments and concerns related to EU legislation on the following topics: The Restriction of Hazardous Substances (RoHS) Directive: This is merely a generic request for feedback. The Commission will be releasing a revised RoHS Directive in 2021 and is, therefore, offering a chance for industry … Continue Reading
On September 12, 2019, the U.S. Environmental Protection Agency (EPA) sent for pre-publication review to the White House Office of Management and Budget (OMB) a final draft rule aimed at repealing regulatory changes to the Risk Management Program (RMP). The RMP regulations establish a performance-based standard for process safety applicable to facilities that utilize or … Continue Reading
Overall, the EU Waste Shipment Regulation (EC No. 1013/2006) (the EWSR) is effective, relevant and coherent, and adds value at the EU level. Those were the conclusions of the Trinomics study supporting the evaluation by the European Commission of the fitness for purpose of the EWSR (here: https://publications.europa.eu/en/publication-detail/-/publication/926420bc-8284-11e9-9f05-01aa75ed71a1/language-en/format-PDF/source-99087502). Many in business who have grappled with the … Continue Reading
On 13 August 2019, the EA published its response to a recent consultation on proposals to revise the standard rules for an environmental permit for a tranche B specified generator that is also a new MCP. The original consultation and the EA’s response and conclusions can be found at: gov.uk… Continue Reading
The California Occupational Safety and Health Appeals Board (Board) is soliciting public comments on proposed revisions to its Rules of Practice and Procedure. The three-member Board hears appeals from public- and private-sector employers regarding citations issued by the California Division of Occupational Safety and Health (DOSH) and is authorized to adopt procedural rules related to … Continue Reading
