ENVIRONMENTAL COMPLIANCE
Federal
EPA Finalizes Amendments to NESHAP for Miscellaneous Coating Manufacturing February 23, 2023
EPA is amending the NESHAP for Miscellaneous Coating Manufacturing (40 CFR 63, Subpart HHHHH) to include inorganic hazardous air pollutant (HAP) standards for process vessels.
Source: EPA
EPA Proposes to Update Test Procedures for the Analysis of Effluents
February 22, 2023
EPA is proposing changes to its test procedures for analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under EPA's NPDES permit program. These proposed changes would provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, EPA is incorporating technological advances in analytical technology and making corrections to existing approved methods.
Source: EPA
Texas
Two Texas Emissions Reduction Plan Grant Rounds Now Open with an Estimated $55 Million in Funding Available
February 10, 2023
The Texas Commission on Environmental Quality (TCEQ) is now accepting applications for the Emissions Reduction Incentive Grants (ERIG) Program and the New Technology Implementation Grant (NTIG) Program.
The ERIG Program will be providing an estimated $45 million in funding to help replace or repower older locomotives, marine vessels, stationary equipment, and select non-road equipment in nonattainment areas and affected counties in Texas. ERIG projects are awarded with priority given to those with the lowest.
Source: TCEQ
2022 Annual TCEQ Tier II Report Reminder
February 9, 2023
TCEQ 2022 Tier II Annual Reports are due by March 1st, 2023.
Source: TCEQ
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HEALTH & SAFETY COMPLIANCE
Revised USPS Hazmat Rules Published in Postal Bulletin
February 9, 2023
Revised requirements for mailing hazardous materials with the US Postal Service (USPS) appeared in the latest Postal Bulletin on February 9, 2023 (pp. 8—16).
The updates to the rules for hazmat-by-mail have been in effect for mailers since June of 2022, when USPS published an Interim Final Rule to the Federal Register. The Interim rule was replaced by a Final Rule on November 30 that year. The ""final"" version added a couple of clarifying points, but was otherwise identical to the Interim Rule.
The USPS standards for Hazardous, Restricted, and Perishable Mail are revised as follows:
Shippers/mailers must separate hazardous materials requiring marks or labels from other mail.
The mailing of pre-owned, damaged, or defective electronic devices containing (or packed with) lithium batteries is restricted to surface transportation only.
Specific markings are required on mail containing lithium batteries in or with pre-owned, damaged, or defective electronic devices.
Source: UPSP
SUSTAINABILITY, ESG, AND CLIMATE ACTION
Government of Canada Champions Sustainable Procurement Through New Green Standards for Major Contracts
February 28, 2023
As of April 1, 2023, major Government of Canada suppliers will now be compelled to disclose their greenhouse gas emissions and set reduction targets.
The new Treasury Board Standard on the Disclosure of Greenhouse Gas Emissions and the Setting of Reduction Targets outlines that federal government procurements over $25M should incent suppliers to disclose their GHG emissions and set reduction targets. Suppliers can fulfill this requirement through participation in Canada’s Net-Zero Challenge or another approved internationally recognized and functionally equivalent standard or initiative.
Source: Government of Canada
Texas Governor Issues Anti-DEI Memo to State Agencies
February 21, 2023
Texas Governor Greg Abbott largely discredited DEI initiatives and told state agencies and public universities to stop considering diversity in hiring practices.
Federal and state laws do prohibit discrimination; however, they do not rule out DEI initiatives altogether. Interestingly, federal and state anti-discrimination laws have their origin in DEI initiatives as they were used to fight against discrimination of underrepresented groups during the Civil Rights Movement. A plethora of research studies, reports, and assessments show that opportunities and experiences of communities of color and other underrepresented groups are disproportionately impacted due to systemic racism that continues to perpetuate, despite seemingly race-neutral practices.
Source: Practical ESG
EPA Takes First Steps to Stand Up Greenhouse Gas Reduction Fund
February 17, 2023
The U.S. Environmental Protection Agency (EPA) on Feb. 14, 2023, announced key parameters for the two grant competitions authorized by the Inflation Reduction Act (IRA) to award $27 billion to leverage private capital for clean energy and clean air investments across the country. The EPA expects to open the Greenhouse Gas Reduction Fund (Fund) for solicitations for funding by summer 2023, and funding must be obligated by September 2024.
Source: Holland & Knight
ISSB Ramps Up Activities to Support Global Implementation Ahead of Issuing Inaugural Standards End Q2 2023
February 17, 2023
The International Financial Reporting Standards Foundations’ (IFRS) new global sustainability and climate disclosure standards will be effective as of January 2024, according to an announcement by the IFRS’s International Sustainability Standards Board (ISSB).
The new reporting standards are expected to be released by the end of Q2 2023, with companies beginning to issue disclosures against the standards in 2025. The ISSB said that the decision to set the 2024 effective date answered “strong demand from investors for companies globally to disclose comprehensive, consistent and comparable sustainability-related information.
Source: IFRS
Greenhouse Gas Management And Climate Change Management And Related Activities — Carbon Neutrality
February 10, 2023
A new standard, ISO/DIS 14068 for greenhouse gases is in the works.
Source: ISO
Voluntary and Mandatory Climate Disclosures: Key Considerations for Companies
February 2, 2023
Because of a mind-numbing number of climate disclosure standards – as well as environmental, social and governance (ESG) standards – now in effect around the world, companies should be thoughtful and strategic about how they structure their voluntary and mandatory climate disclosures.
Among other things, the climate disclosure standard(s) that may be most appropriate will depend upon where the company does business, the industry sector in which the company does business, the volume of its business abroad and other factors.
Climate and ESG disclosure requirements are part of a rapidly changing legal environment that requires close attention, particularly for companies with a global presence.
Source: Holland & Knight
The Green Deal Industrial Plan: Putting Europe's Net-Zero Industry in The Lead
February 1, 2023
Communication from the commission to the European Parliament, the European council, the council, the European Economic and social committee and the committee of the Regions.
Source: European Commission