European Update on New Environmental Regulations

From May 2018 to until the end of June 2018, approximately 298 new environmental regulations of interest to industry were adopted or published in Europe and the Middle East. Waste issues have been particularly addressed by regulations these months: several developments were issued in Lithuania, Italy, Ireland, Turkey or Russia.Greenhouse gas emission and global warming concerns have led to the adoption or preparation of several developments, including in Israel, Hungary, Portugal and Romania.

The following overview provides the indicative title in English, the date of adoption and the ENHESA reference number. In 285+ jurisdictions and 30+ languages, Enhesa provides key regulatory intelligence and EHS compliance assurance for top-tier Fortune 500 companies worldwide. For more information, contact Enhesa today at [email protected] (www.enhesa.com).

Algeria

• Revised internal structure and function for the Ministry of Energy- 17-May- 2018 [70693]

Belgium

• BRUSSELS: Activities causing industrial emissions include the cleaning of the process equipment, but not the cleaning of the workpieces- 04-May- 2018 [70529]
• BRUSSELS: Soil experts must use standard content for exploratory and detailed soil investigations- 02-May-2018 [70491]
• BRUSSELS: Soil remediation experts must use the intervention and remediation norms/standards to determine if remediation is required- 02-May-2018 [70493]
• FLEMISH REGION: Certified laboratories must use the updated Compendium sampling, measurement and analysis of air 2018- 11-Jun-2018 [70960]
• FLEMISH REGION: Certified laboratories must use the updated Compendium sampling, measurement and analysis of water of 2018- 11-Jun-2018 [70958]
• FLEMISH REGION: Flemish Region adopts the updated provisions of the ADN to reflect scientific and technical progress- 06-Jun-2018 [70914]
• FLEMISH REGION: Flemish Region approved the Agreement of the regions to cooperate on the establishment of the EMAS scheme of the EU in Belgium- 06-Jun-2018 [70910]
• FLEMISH REGION: No substantial changes to new Code for recycled aggregates for companies having construction debris- 08-May-2018 [70570]
• FLEMISH REGION: One new type of investment added to the list of ecological investments that could be eligible for financial support- 25-May-2018 [70785]
• FLEMISH REGION: Procedure and included costs of the guarantee scheme for exploring and winning geothermal heat in the deep subsoil further detailed- 22-May-2018 [70720]

Brazil

• Deadline for registration with the Rural Environmental Registry (CAR) extended until 31 December 2018- 30-May-2018 [70905]
• GOIÁS: Environmental compensation procedure for facilities with a significant environmental impact in the State updated- 07-May-2018 [70843]
• GOIÁS: Facilities with an automotive repair/maintenance workshop have to comply with disposal obligations- 27-Jul-2016 [62755]
• Measurement of radiation protection quantities for use in individual monitoring updated- 07-May-2018 [70829]
• MINAS GERAIS: New requirements on the final disposal of hazardous waste generated outside the State- 30-May-2018 [70938]
• PARANÁ: Companies investing in biogas and biomethan will have fiscal incentives- 22-May-2018 [70776]
• PARANÁ: Deadline for filling the request for the revision of Commitment Agreements extended until 31 December 2018- 30-May-2018 [70929]
• RIO GRANDE DO SUL: Facilities to send all their sanitary sewage waste to duly licensed treatment facilities- 03-May-2018 [70666]
• Water abstraction restriction for industrial and mining activities in the São Francisco River extended until 31 July 2018- 02-May-2018 [70557]

Croatia

• Conditions for obtaining authorization of radiation protection experts prescribed- 18-Apr-2018 [70791]
• Stricter radiation limits for occupational exposure and the obligation of categorization of workers introduced- 25-Apr-2018 [70809]

Denmark

• Stricter national air emission limits for certain pollutants adopted- 18-May- 2018 [70928]

Egypt

• Facilities can continue to import recyclable plastic or rubber waste however under stricter conditions- 17-May-2018 [70690]

European Union

• Total number of allowances to be placed in the Market Stability Reserve (MSR) published- 16-May-2018 [70715]
• Watch list of 8 substances for the monitoring of water adopted- 05-Jun-2018 [70393]

France

• Categories of projects, plans and programs subject to EIA reviewed- 05-Jun- 2018 [70908]
• Definition of the conditions to benefit from additional remuneration for facilities using photovoltaic solar energy- 18-May-2018 [70769]
• The nomenclature of waste-related classified installations updated to encourage waste recovery- 08-Jun-2018 [70959]

Greece

• Specified procedure for companies selling plastic bags as packaging to submit their statement of environmental tax return- 22-May-2018 [70799]

Italy

• Procedural rules for performing collection and transport of metal ferrous and non-ferrous waste made available- 21-May-2018 [69536]
• Temporary derogation of fire prevention rules related to installation and operations of certain distributor containers of ‘C” liquid fuels- 17-May- 2018 [70827]

Jordan

• Enforcement of environmental crimes will become more efficient due to reorganization of the Royal Department for Protecting the Environment- 07-May-2018 [70568]
• The internal structure of the Environment Protection Fund has changes without changing its functions- 07-May-2018 [70596]

Kuwait

• Facilities can expect stringent measures aimed at reducing the impact of climate change following the ratification of the Paris Agreement- 09-Jun-2018 [70967]

Lithuania

• Environmental Protection Departments reorganised from regional divisions to 1 single national department- 04-Jun-2018 [70909]

Luxembourg

• Additional projects subject to environmental impact assessment, reviewed procedures and information obligations adopted- 23-May-2018 [70826]. Significant Development: As of 27 May 2018, developers of projects under the recently adopted environmental impact assessment (EIA) consolidated framework (which brings together those projects subject to an EIA that were previously scattered under different laws but also includes new ones, such as the construction of economic activities’ areas with a sealing surface over 100 000 m2, or the manufacture of cosmetic and pharmaceutical products, for instance) will have to comply with slightly different procedures and provide different sets of information depending on the specific characteristics of the project. Thus, projects that are assumed to have a significant effect on the environment and for which and EIA is mandatory (such as integrated chemical installations, or waste disposal facilities) will follow the already existing procedures, while those that are only subject to an EIA upon case-by-case examination will have to undergo a preliminary verification process allowing the competent authority to decide on the need to carry out or not an EIA. Furthermore, developers of the projects covered might be asked to provide additional pieces information (such as a description of the expected negative effects of the project resulting from its vulnerability to the risk of accidents or major disasters) whenever the competent authority so requires.
• Operators of medium combustion installations must comply with new emission limits for dust, NOx, SO2 and CO- 30-Apr-2018 [70515]. Significant Development: As of 4 May 2018, operators of medium combustion installations must comply with the new emission limits for dust, NOx (nitrogen oxide), SO2 (sulphur dioxide) and CO (carbon monoxide). This follows from the Grand Ducal Regulation of 24 April 2018 on the limitation of emissions of certain pollutants in the atmosphere coming from medium combustion installations. The Regulation applies to operators of combustion plants with a rated thermal input of 1 MW (Mega Watt) or more and less than 50 MW, irrespective of the type of fuel they use (medium combustion plants/installations). Existing medium combustion installations (meaning a combustion plant that has been put into operation no later than 20 December 2018) must comply with the emission limits as set in Annex II, part 1. However, they must comply with the emission limits of Annex II, part 2 by 1 January 2025 at the latest. New medium combustion installations (meaning a combustion plant that has been put into operation after 20 December 2018) must comply with the emission limits as set in Annex II, part 2. Operators must carry out emission measurements every 2 years for medium combustion installations having a capacity greater than or equal to 1 MW and less than or equal to 20 MW; and annually for medium combustion installations having a capacity greater than 20 MW.

Malta

• Medium combustion plants to obtain operating permit and to comply with emission limits and monitoring requirements- 03-Apr-2018 [70348]. Significant Development: As of 3 April 2018, all new medium combustion plants must obtain a permit from the Environment and Resources Authority (ERA) prior to commencement of operations and starting on 20 December 2018 ensure their emissions do not exceed the limit values set out in Part 2 of the Second Schedule of the Regulations. This follows from the Limitation of Emissions of Certain Pollutants into the air from Medium Combustion Plants Regulations, 2018 which also requires existing medium combustion plants with a rated thermal input greater than 5 MW to obtain a permit before the 1 January 2024 and starting on the 1 January 2025 ensure that their emissions do not exceed the limit values set out in Tables 2 and 3 of Part 1 of the Second Schedule of the Regulations. It also requires existing medium combustion plants with a rated thermal input of less than or equal to 5 MW to obtain a permit before the 1 January 2029 and starting on 1 January 2030 ensure that their emissions do not exceed the limit values set out in Tables 1 and 3 of Part 1 of the Second Schedule of the Regulations. Operators of medium combustion plants must also monitor their emissions and keep records of monitoring results, operating hours (where applicable), type and quantities of fuels used, any malfunctions or breakdown of secondary abatement equipment, and events of non-compliance and the measures taken. Additionally, operators must inform the ERA of any planned change to the plant which would affect the applicable emission limit values and when there is a breach of a condition established in a permit and in the event of non-compliance with the limit values take necessary measures to ensure that compliance is restored within the shortest possible time.
• Revised requirements for activities involving radiation sources adopted- 25-May-2018 [69654]

Poland

• Companies subject to more specific rules on measuring emissions from combustion sources- 30-May-2018 [70856]

Portugal

• Lithium batteries and products containing them to display a specific label when transported by road- 11-Jun-2018 [71033]
• Medium combustion plants to obtain an air emissions licence (TEAR) and comply with stricter emission limits- 11-Jun-2018 [70418]

Slovakia

• Strategic noise maps will be subject to updated noise assessment methods- 28-May-2018 [70812]

Spain

• Basque Country: Public aid for promoting renewables and energy efficiency in industrial sector- 02-May-2018 [70496]
• Manufacturers and providers of plastic bags will have to comply with stricter requirements and creation of the Product Producers Registry- 19-May-2018 [65376]
• Updated submission requirements for the annual report for the transport of dangerous goods by road- 06-Jun-2018 [70907]

Sweden

• New Radiation Protection Ordinance introduces more stringent occupational exposure limits to radiation- 17-May-2018 [70793]
• Temperature in waste incineration plants must now be measured near the inner wall of the combustion chamber as opposed to the innermost wall- 28-May-2018 [70996]
• The new Radiation Protection Act applies as of 1 June 2018- 07-May- 2018 [69962]

United Kingdom

• Companies carrying out industrial estate development projects set higher threshold for requiring an EIA- 11-Jun-2018 [71018]
• Companies must ensure that sanitary conveniences in new buildings are designed to avoid any undue water consumption- 08-May-2018 [70620]
• Companies participating in the renewable heat incentive scheme can benefit from increased tariffs under consolidated regulations- 24-May-2018 [70840]