Singapore Singapore introduces stricter rules on GHG

Revised Environmental Protection and Management Act regulates GHG goods and works

On October 29, 2021, the Environmental Protection and Management (Amendment) Act 2021 (hereinafter “the Act”) was promulgated in Singapore. The Act has amended several provisions of and added new provisions to the Environmental Protection and Management Act (EPMA). Among others, the most important revision is the addition of Part 10A, which governs the control of greenhouse gases (GHGs). The Part primarily provides rules on “GHG goods” and “GHG works”: the GHG goods require registration of business entities and products, while GHG works require registration of business entities, assignment of competent persons, etc. The effective date of the Act is yet to be determined, and will be decided by the Minister of Sustainability and the Environment through a separate announcement.

The original text of the Act can be downloaded from:
https://sso.agc.gov.sg/Acts-Supp/24-2021/Published/20211029?DocDate=20211029&ViewType=Pdf&_=20211029233318

The original text of EPMA can be downloaded from URL. However, please note that this document does not reflect the amendments made by the Act (as of November 3, 2021).
https://sso.agc.gov.sg/Act/EPMA1999

 

GHG goods regulations

The Act defines “GHG goods” as follows, with specific product names to be determined by other laws and/or regulations.

“GHG goods” means any device, appliance, equipment, article or thing that requires any greenhouse gas (whether or not in its gaseous state) for its use or operation, and includes 2 or more such devices, appliances, equipment, articles or things that are interconnected, and interdependent or interacting, so as to form a system carrying out one or more functions.

Under the Act, business entities that import or manufacturer GHG goods must apply to the competent authority for registration as a GHG supplier. If some GHG goods are combined with other goods and/or systems and are supplied or imported together with them as a whole, the concerned entities are considered to be suppliers of GHG goods.

Other key requirements for GHG goods are as follows:

  • GHG goods must be registered;
  • The maximum allowable global warming potential (GWP) limits prescribed for each good type or class must be obeyed;
  • GHG goods must be labeled with various information pursuant to the method specified by the authority; and
  • Information on the environmental impact (including the type, amount, GWP, etc. of the concerned GHGs) and environmental protection measures for the concerned goods must be attached to the goods in accordance with the method prescribed by the competent authority. Such attached information also must be disclosed to the public.

GHG works regulations

The Act defines “GHG works” as follows, with specific details of the works to be determined by other laws and/or regulations.

“GHG works” means any activity, or any series of activities (including ancillary activities), that involves the use or handling of any greenhouse gas.

Entities engaged in GHG works must first register with the competent authority. The obligations imposed on the registered entities are as follows:

  • GHG works must be carried out by an adequate number of competent persons, as prescribed for each GHG work, or by staff members under the supervision by competent persons;
  • Policies, procedures and processes must be formulated to ensure the safe implementation of GHG works;
  • Sufficient and appropriate equipment must be provided to competent persons or staff members who carry out under their supervision; and
  • Records related to GHG works must be kept and maintained, and submitted to the competent authority.

Competent persons must be responsible for adhering to the prescribed policies and procedures and for ensuring that GHG works are carried out safely.