ELEMENTS by H2 Compliance - August 2024
H2 Compliance - global chemical, environmental compliance & software solutions
Global partner for market access: chemical, environmental & software solutions.
News from H2 Compliance
As we pass beyond the midway point of 2024, H2 continues to track major regulatory developments, particularly in the area of extended producer responsibility, eco-modulation, and chemical control law. Countries and states around the globe are seeking to enact regulations and establish timelines for compliance before the end of the year.
In this newsletter, we highlight:
NEWLY PUBLISHED REPORTS FROM H2
THE LATEST DEVELOPMENTS IN ENVIRONMENTAL COMPLIANCE
THE LATEST DEVELOPMENTS IN CHEMICAL COMPLIANCE
H2 NEW STAFF HIGHLIGHT: CIRCULAR ECONOMY ENGINEERING TEAM
NOTABLE UPDATES FROM H2
As always, our articles complement the extensive content we post to our website regularly and we invite you to visit our website and get in touch with us ([email protected]) to help you navigate the complex and ever-evolving chemical and environmental compliance space.
The Future of the Alternative Transitional Registration model (ATRm) Public Consultation under UK REACH
Since the UK REACH public consultation on the ATRm was released, there has been a general election in the UK, which saw a change in government. The ATRm public consultation was proposed by the old Conservative government, and so the ATRm may not be implemented by the new Labour government.
For a deep dive into the details of the ATRm and the potential changes under the new Labour government, please read on at our website here.
US Modernization of Cosmetics Regulation Act of 2022 (MoCRA): An Overview?
In the United States the Modernisation of Cosmetics Regulation Act of 2022 (MoCRA) was passed by Congress in 2022 and is the first major update concerning the regulation of cosmetics since the passing of FFDCA (Federal Food Drug and Cosmetic Act) in 1938.?
The FFDCA Act gave authority to the FDA (Food and Drug Administration) to ensure that cosmetics are safe and properly labelled. Under this remit, the FDA has broad authority to ban or restrict cosmetic ingredients for safety ingredients, mandate cosmetic warning labels, inspect manufacturing facilities, seize illegal products, prohibit and stop unlawful activities and prosecute violators and work with companies to implement product recalls.Under MoCRA, these FFDCA requirements still exist, but MoCRA is considered an expansion of the FDA’s authority to regulate cosmetics and personal care products.
The implementation of these new requirements under MoCRA is still under development by the FDA, and seemingly much of it will be delayed beyond 2024.
For extensive details on the new requirements under development by the FDA under MoCRA, please read the full report on our website here.
Eco-Modulation Developments
Eco-Modulation in Colorado
Eco-modulation is the concept of increasing or decreasing producer responsibility organization (PRO) dues / fees to encourage environmentally friendly material use and product design.
The Colorado Department of Public Health and Environment (CDPHE) in consultation with the Circular Action Alliance (CAA) Colorado’s packaging PRO, and the Producer Responsibility Advisory Board have until 1 January 2026 to develop an eco-modulation driven plan for calculating dues.
A balance must be found that won’t penalize producers who have already made great improvements in material use and eco-design, while incentivizing those who still need to make improvements. For more information on the eco-modulation consultation in Colorado, read on at our website here.
If you need support or have any questions, please contact us at [email protected].
New France Eco-Modulation Criteria: Battery removability and replacement
Effective from January 1st, 2025, the France WEEE and Battery regulations introduce new modulation criteria concerning the battery removability and replaceability of portable batteries and Light Means of Transport (LMT) batteries.
This criteria aims to address the environmental impact of products containing batteries by issuing penalties for those devices affected. The definitions for the criteria for battery removability align with those of the EU Battery Regulation 2023/1542.
Products that are not subject to this penalty are those that contain batteries which are ‘easily removable by the end user’. For more details about the regulation and to which devices it applies to, please read on at our website here.
If you need support or have additional questions, please contact us at [email protected].
Extended Producer Responsibility (EPR) Developments in North America
Battery EPR in Illinois, United States
The Portable and Medium-Format Battery Stewardship Act (SB3686) passed in both Illinois state Houses on May 24th, 2024, and is awaiting the Governor's signature. The Act includes primary, rechargeable, and battery-containing products in its scope, and sets the obligation to implement a stewardship plan by January 1st, 2026. The legislation includes provisions for EPR as well as labeling.
For more information on specific obligations under the new legislation as well as the regulatory timeline for compliance, visit the full post on our website here.
Packaging EPR in Minnesota
The Packaging Waste and Cost Reduction Act, HF 3577, was introduced on April 8th, 2024, in Minnesota. The Act introduces Extended Producer Responsibility (EPR) for packaging, including food packaging, and paper products.
Packaging producers are due to become members of a producer responsible organization (PRO) by January 1, 2025, although the PRO’s Stewardship Plans are only due in 2028. It also creates an obligation for the state to create a list of recyclable or compostable materials, as well as an alternative collection list, by March 1st, 2027.
For more details on the proposed regulation and regulatory deadlines, visit our website post.
Battery EPR in Vermont
An Act relating to including rechargeable batteries and battery-containing products under the State battery stewardship program (S 254), was signed by the Governor on June 3rd, 2024, and comes into effect July 1, 2024.
This new law amends the existing battery stewardship program by expanding the scope to rechargeable batteries as well as battery-containing products and amends the existing definition of in-scope primary batteries. Certain exclusions apply, such as electronic products regulated under the state’s e-waste program, or batteries which are not easily removed. For more details on the newly ratified legislation and related deadlines, read on at our website here.
Canadian Federal Plastics Registry
A Federal Plastics Registry (FPR) was created by Notice under the Canadian Environmental Protection Act (CEPA), on December 30, 2023, as another step in Canada’s action to reduce plastic pollution. The FPR is a database of all plastic resins and products placed on the Canadian market, which must be reported from 2025.
The products in scope are plastic resins, plastic products, and certain plastic-containing products. The last is split into 8 categories with various subcategories; for example, EEE category and EEE appliance subcategory or textiles category and footwear subcategory.
Reporting is set to be annual by September 29th of the year following the year of the report. PROs or other persons are allowed to be delegated to report on behalf of the obligated party.
For additional details, including important deadlines, please visit our website here.
Switzerland’s ChemO Revision: What You Need to Know
Switzerland has announced a revised version of the “Ordinance on the Protection against Dangerous Substances and Preparations” (ChemO).
ChemO is the overarching chemical legislation in Switzerland. It safeguards human health and the environment by overseeing chemical usage and distribution. Although Switzerland is not an EU member, it aligns with essential elements of EU REACH and CLP regulations. It covers classification, labelling, packaging, exposure scenarios, safety data sheets, and notification of new substances. Notably, all substances which are not registered under EU REACH must be notified before entering the Swiss market
The World Trade Organization recently announced several amendments to ChemO, specifically affecting Annexes 2 and 3. These changes aim to align Switzerland’s chemical regulations with the latest EU and UN standards in environmental and chemical management, with the goal of reducing trade barriers and enhancing trade flow. The amendments are scheduled to take effect on September 1, 2024.
Please note that as yet, the full specifics relating to some of the updates to ChemO are yet to be published by the authorities. However, please see the detail relating to the amendments in relation to Annex 2 which are known so far:
Please see the specific amendments in relation to Annex 3 are shown below:
Following the announcement, we encourage companies to ensure that they have assessed their obligations to ensure they are in compliance with the Swiss ChemO regulations. For further guidance on navigating ChemO, please contact [email protected].
Brazil’s REACH- inspired Chemical’s Bill Gains Momentum as CONASQ Reinstated
Brazil’s National Commission on Chemical Safety (CONASQ) has recently approved new internal rules outlining its operating procedures and meeting schedules. This panel focuses on chemicals management and safety policies, and it has the authority to propose policy developments.
In the past, CONASQ played a role in drafting an early version of the REACH-inspired chemicals management bill (PL 6120/2019), which is currently progressing through the federal senate. The former president Jair Bolsonaro disbanded CONASQ in 2019 which delayed the bill. However, a new president is in place in Brazil who has reinstated CONASQ, which has increased hopes that the bill could become law soon.
The Ministry of Environment and Climate Change (MMA) recently announced the election of new CONASQ members. Additionally, the panel has revived its RoHS temporary working group to discuss a previously shelved proposal for restricting hazardous substances in electronics.
Under the new internal rules, CONASQ plans to hold meetings at least three times a year, with additional meetings as needed. Meetings will generally be public, except when dealing with confidential matters or other restrictions.
US EPA’s Resource Database & Reporting Tool: Preparing for the TSCA Chemical Data Reporting (CDR) Deadline & Beyond
As previously reported in our May blog, the US EPA released an enhanced resource database to assist stakeholders with their TSCA Chemical Data Reporting (CDR) requirements, called CDR GuideME, as well as enhanced their CDX reporting portal. ?The CDR deadline is 30 September 2024.
CDR cycles every four years and requires manufacturers and importers to provide data to the EPA for evaluation, as a means to safeguard human health and the environment. Specifically, EPA uses this data to better understand chemical volumes, processing and utilization.
The enhanced guidance and systems further EPA’s goal of a more transparent reporting process and aims to make the process more efficient for all stakeholders involved.
H2 New Staff Highlight: Circular Economy Engineering Team
Welcome ákos & Karen!
The Circular Economy Engineering (CEE) team has welcomed two new esteemed colleagues in 2024! With their addition to the team, our CEE group continues to broaden their services and reach, assisting all types of customers with waste take-back challenges.
Please read more about ákos and Karen below.
ákos Botezatu
ákos Botezatu is an environmental engineer with a second master's degree in environmental geography and works as a circular economy specialist in the H2 Compliance Circular Economy Engineering team. He gained experience in a hazardous waste interim storage facility, assessed soil and water pollution caused by landfills and expanded his knowledge in transboundary shipment projects.
As a project manager, he delivered environmentally friendly recycling and disposal solutions for hazardous waste generators and organized reverse logistics. He supported the sales team, participated in signing long-term collaborations and shared his knowledge to promote environmentally sound practices for hazardous waste.
During his second master’s degree, he worked in the field of paleoclimatology and soil physics, with the results of his work leading to co-authorship in scientific journals.
He likes to spend his free time with his partner, pets, gardening, reading, and meeting with friends. When it is not possible to visit distant places, he enjoys nature near his home in Upper Franconia.
As the new U.S. Sales Manager for H2Compliance Inc, Karen Darnell brings over 20 years’ experience in managing large marquee client relationships and delivering strategic solutions in technology and the circular economy.? Karen is adept in customer advocacy championing solutions to help her clients achieve their desired outcomes.? As a creative problem solver, she has a keen sense of what needs to be accomplished and delivers on her word.? Her core values are the derivative of her success.?
Karen has spent much of her career consulting enterprise clients in cloud networking/managed security solutions and leading multiple site implementation projects.? She spent several years in circular economy prior to entering IT managed services.? Her passion for circular economy never grew dim during her tech career.? She has energetically returned to her true passion developing solutions and advocating for circular economy principles encouraging reuse, refurbish and resell of end-of-life IT assets.
Her commitment to delivering on the customer promise is unquestionable as is evident in her planning, execution and follow-up to ensure the respect of both her internal and external customers.?
H2 Compliance Launches Polish Website
H2 Compliance is excited to announce the launch of its website in Polish!
H2 Compliance has an established presence in Poland, with 8 team members currently located there. Consequently, we have translated our website into Polish to better establish our presence in the Polish market. We hope this attracts new clients in Poland, making our consultancy services and other resources more accessible in their native language and demonstrating our commitment to global chemical compliance.
You will also find some of our future LinkedIn posts in English and Polish as we expand our Polish footprint!
You can find more information on our Polish site here: https://lnkd.in/efDE6KN6
H2 Compliance is proud to join the Solvents Industry Association (SIA) in the UK
The SIA promotes the safe, sustainable, and responsible use of chemical solvents and to ensure that the regulatory frameworks surrounding their manufacture, storage, distributions and use is based on sound science and best practice.
As a new Associate Member, H2 will be poised to help support solvent manufacturers and users with their compliance and stewardship.
We are pleased to forge this alliance and look forward to a productive relationship with the SIA and other fellow members!
H2 Compliance has sponsored MTU Cork Athletics Program
H2 Compliance will sponsor the athletics program at Munster Technological University in Cork for the 2024/2025 academic year.
H2 Compliance and MTU marked the occasion with a special awards ceremony last week for the athletes of the year, where H2 Director Kevin Hoban, MSc, PMP, MIEI presented their awards. H2 Director John Hayes and Only Representative Services Manager Chris Terrett were also in attendance at the ceremony.
The H2 Compliance office is situated on the MTU campus in Cork, making this sponsorship another marker of the special relationship H2 has with the campus.
For more information on this exciting partnership, please read the press release on Echo Live: https://lnkd.in/eSvyPpDy
H2 at the Society for Chemical Hazard Communication (SCHC) and Product Stewardship Exchange (PSX) Conferences in the US this Fall
H2 US staff will be attending the Society for Chemical Hazard Communication (hosted by SCHC GHS ) and Product Stewardship Exchange (hosted by Product Stewardship Society ) conferences this Fall.
H2 will be presenting and exhibiting at each conference and we are looking forward to sharing our insights with attendees. Please reach out to set up a meeting or stop by and visit our booths in-person at the conferences!
The conferences will be held the following dates and locations:
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Chemical Regulatory Consultant @ H2 Compliance | REACH Compliance
6 个月Another great newsletter team ?? Some really important updates in there!
Director at H2 Compliance
6 个月The H2 Compliance team continues to enlighten on matters of chemical and environmental compliance. We hope you are enjoying the LinkedIn platform for sharing. Thanks to the team for curating and preparing this.
Chemical Regulatory Manager at H2 Compliance Inc.
6 个月Bravo to our great team for all of the important content they put together to better help our customers!