Key takeaways from Enhesa's mid-year EHS trends webinar

Quick summary

• The EU’s Industrial Emissions Directive revision and Energy Performance of Buildings Directive have moved from proposal to compliance obligation, with more changes phased in through 2040.
• PFAS regulation is arriving in fragments across both the EU and the US.
• In the US, several federal environmental rules have been rolled back this year, while individual states and ongoing litigation continue to shape what companies must actually comply with.

1. What EU EHS regulations came into force in 2026?
2. How is PFAS being regulated in the EU and US?
3. What EHS rules is the US rolling back, and how are states responding?

1. The revised Industrial Emissions Directive is now in force

EU member states had to transpose the revised Industrial Emissions Directive by July 1, 2026. The revision expands scope to cover additional industrial activities, including battery gigafactories, and requires an electronic permitting system from 2035. It also introduces stricter permit conditions, including new emission limit values, environmental performance limits on water, waste, and resource use, and stricter monitoring.

A new environmental management system obligation is due by July 1, 2027, though the Commission’s environmental omnibus simplification proposal could delay this to 2030 and shift its scope from installation level to company level. The revision also introduces stricter sanctions and, for the first time, a right of compensation for citizens whose health is damaged by non-compliance.

2. The Energy Performance of Buildings Directive extends obligations through 2040

Also required to be transposed this year, the revised Energy Performance of Buildings Directive introduces a building renovation passport scheme, which member states may make mandatory or voluntary. Energy performance certificate obligations now extend to non-residential buildings undergoing major renovation, and certificates must be issued digitally by default.

From 2028, certificates for large new buildings must include life cycle global warming potential, extending to all new buildings from 2030. From 2030, new buildings must be zero emission, and from 2040, existing buildings must replace standalone fossil fuel boilers.

3. The revised Waste Shipments Regulation tightens plastic waste exports

Most provisions of the revised Waste Shipments Regulation, adopted in 2024, began applying from May 21, 2026. It introduces a digital waste shipment system, a simplified prior informed consent process, and a reinforced fast-track procedure for pre-consented EU facilities.

On plastic waste specifically, exports of non-hazardous plastic waste to OECD countries now require notification from May 21, 2026, while exports to non-OECD countries are banned outright from November 21, 2026. From May 2027, exporters must also demonstrate that receiving facilities operate in an environmentally sound manner, subject to audit.

4. PFAS restriction is moving from proposal to enforceable law in the EU

The EU-wide universal PFAS restriction proposal, first launched in 2023 and updated in July 2025, now covers eight additional sectors and considers alternative restriction options beyond a full ban, including targeted derogations where no alternatives exist. ECHA committees issued a final opinion and draft opinion in March 2026 supporting this approach, with a final opinion from the Committee for Socio-Economic Analysis expected by the end of 2026, and a legislative proposal from the Commission to follow.

Separately, REACH restrictions on PFAS-containing firefighting foams, adopted in October 2025, began applying from October 24, 2026, for portable fire extinguishers, expanding to training and testing use from April 2027, with the ban complete by 2030, subject to specific derogations.

5. The proposed CMR Directive revision is nearing finalization

The proposed revision to the Carcinogens, Mutagens and Reprotoxic Substances Directive introduces stricter occupational exposure limits for substances including cobalt, and would add welding fumes to the list of CMR processes. The Council proposed an exposure limit for isoprene, and the European Parliament has proposed an obligation for employers to provide tailored personal protective equipment where exposure cannot be reduced below limits, along with a worker right to breaks in contamination-free areas.

The European Parliament and Council reached political agreement in June 2026, with finalization into legislation expected later this year.

6. A Quality Jobs Act could reshape AI use and employment conditions

Following a Quality Jobs Roadmap issued in December 2025, the European Commission opened a first-stage consultation with social partners covering algorithmic management and AI use at work, occupational health and safety including the right to disconnect, and subcontracting arrangements. The Commission has flagged that digitalization, remote work, and AI-driven decision-making are introducing new economic and psychosocial risks.

A second-stage consultation and a proposal for a Quality Jobs Act are expected by the end of 2026. This is not yet in the legislative process, but is worth monitoring for employers using teleworking and AI management tools.

7. US federal agencies are unwinding key environmental findings

Following the EPA’s stated intent to reconsider PFAS drinking water limits and the 2009 endangerment finding, the agency repealed the endangerment finding in February 2026 and proposed repealing PFAS-related provisions of the 2024 National Primary Drinking Water Regulation in May 2026.

OSHA has also proposed delaying compliance deadlines, including giving companies until 2027 to develop workplace chemical protection programs for perchloroethylene and carbon tetrachloride.

8. US states are introducing their own requirements alongside federal changes

On PFAS, Wisconin has adopted its own PFAS maximum contaminant levels, while Utah, Idaho, Indiana, and Illinois have proposed or adopted their own drinking water or wastewater testing requirements. On heat, Colorado adopted the Extreme Temperatures Worker Protections Act in June 2026, while Maryland and New Jersey have introduced their own worker protection bills.

On greenhouse gases, New York’s mandatory reporting program took effect in January 2026, Vermont has introduced its own reporting legislation, and New Jersey has introduced bills to classify greenhouse gases as a regulated air pollutant.

9. Litigation is now a live compliance variable in the US

In March 2026, over 20 state attorneys general and government officials filed a case in the US Court of Appeals for the District of Columbia challenging the EPA’s repeal of the 2009 endangerment finding. A decision is still pending.

Until resolved, the legal status of the endangerment finding, and by extension EPA’s authority to regulate greenhouse gas emissions, remains an open question for companies tracking compliance timelines.

10. Data centers face a growing, fragmented regulatory push

No dedicated federal rule yet governs data centers specifically, though Congress has introduced a bill requiring annual reporting for data centers with peak demand of 25 megawatts or more, and a bill directing the National Institute of Standards and Technology to develop best practices for measuring energy and water use.

At state level, Wisconsin, North Carolina, and Colorado have introduced water and energy reporting bills, Delaware and Colorado have proposed renewable energy requirements, and New York has introduced bills to pause new data center permits until environmental impacts are studied.