Archives: Regulatory Compliance

Environment, Health & Safety regulatory compliance

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Adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED)

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

The new Registry Regulation for Phase IV of the EU ETS. Are you ready?

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

Waste and the circular economy: French government proposes to increase liability for waste

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

Breach of shipment of waste regulations leads to £590,000 in fines and costs

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

REACH update: ECHA adds 18 SVHCs to the Authorisation List

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

Senate Environment & Public Works Committee votes unanimously to approve Dr. Katherine Lemos to head the Chemical Safety and Hazard Investigation Board

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

EPA repeals 2015 WOTUS rule amid broader environmental regulatory rollbacks

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

New state-approved label for environmentally certified “Green Button” textiles (Grüner Knopf) launched by Germany

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

EU consultation watch: EU Commission launches new consultations on RoHS and ELV directives

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

EPA sends Risk Management Program rollback rule to OMB

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

Circular Economy and the EU Waste Shipment Regulation: why changes to the latter are critical to the success of the former

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

UK Environment Agency (EA) announces changes to standard rules for environmental permits for tranche B specified generators that are also new medium combustion plants (MCPs)

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

Cal/OSHA Appeals Board proposes revisions to procedural rules, including elimination of automatic discovery

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

Will the SECR regime apply to your organisation under the new corporate reporting regime in the UK?

This blog post provides a brief summary on the commencement of the Streamlined Energy and Carbon Reporting regime which has introduced mandatory corporate reporting obligations for relevant UK companies. Introduced by the Companies (Directors’ Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018, the SECR regime is a complex and comprehensive new corporate reporting regime … Continue Reading

Chinese National Emissions Trading Scheme Update – some progress but more questions than answers

The Ministry of Ecology and Environment, in its first formal publication on the subject of the Chinese emissions trading scheme since taking over the responsibility for its development from the National Development and Reform Commission, published draft ‘Interim Regulations’ in April 2019 setting out the overarching legislative framework proposed for the scheme. Whilst this publication … Continue Reading

The future of UK carbon emissions policy

The UK government is currently consulting on the future policy options for the regulation and pricing of carbon emissions once the UK has left the EU.  The government’s preferred option is to establish a UK-only emissions trading scheme (UK ETS) and to secure a formal link with the EU ETS in order to have renewed … Continue Reading

Modern Slavery Act independent review – final report published: significant change is on the way

The final report of the Independent Review of the Modern Slavery Act 2015 carried out by Frank Field MP, Maria Miller MP and Baroness Butler-Sloss, has been published. It is available here (https://www.gov.uk/government/publications/independent-review-of-the-modern-slavery-act-final-report). Should the government take up the proposals, the Modern Slavery Act could be significantly amended to become more robust. There are over … Continue Reading

The year it becomes real – ICAO CORSIA: 2019

The ICAO CORSIA initiative has commenced monitoring, reporting and verification obligations imposed on aircraft operators with effect from 1 January 2019. Data collected will form the baseline to determine subsequent offsetting requirements. Aircraft operators attributed to a country likely to be participating in the voluntary compliance phase from 2021 to 2023 should also take note … Continue Reading

California air emission regulation expands for shipping industry

The California Air Resources Board (CARB) intends to expand its existing Ocean-Going Vessels At-Berth Regulation (the Regulation) in order to reduce further air emissions from ships docked in California. Proposed changes include: Increasing the number of ports and facilities subject to the Regulation; Expanding the types of vessels covered by the Regulation; and Changing the … Continue Reading

Reprint may soon be needed for California cannabis warning labels

California’s Office of Environmental Health Hazard Assessment’s (OEHHA) announced on March 15, 2019, that it is collecting public comments regarding the inclusion of cannabis on the Proposition 65 list of substances known to cause birth defects. Such a finding by OEHHA would require those in the California cannabis industry to change their warning labels, informing … Continue Reading

Environmental Areas of Interest in 2019 – A look ahead

The past year has been a busy one in environmental law and policy. While a look ahead could include topics such as likely impacts from continuing efforts by the current U.S. administration to bolster use of coal-fired energy or the myriad lawsuits facing the Environmental Protection Agency (EPA) in 2019 from environmental groups and state attorneys general, … Continue Reading
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