IHMM Today January 24, 2023

NIH – National Laboratory of Medicine – WISER

EPA Finds TCE, as a Whole Chemical Substance, Poses an Unreasonable Risk to Human Health

EPA Readies Raft Of Rules To Cut Ozone As Officials Weigh Stricter NAAQS

EPA is ramping up efforts to sharply reduce ozone emissions across much of the country, with a series of planned or just-finalized rules, although whether this is sufficient to meet existing federal air quality limits, much less potentially tougher federal standards now under consideration, is open to question.

Possibly as soon as March 2023, EPA plans to finalize its revised version of the Cross-State Air Pollution Rule (CSAPR), which as proposed will expand the emissions trading program to cover new states and new industries while imposing tougher state caps for ozone-forming nitrogen oxides (NOx) from power plants.

This would help states meet the Clean Air Act’s “good neighbor” requirement to mitigate their emissions that compromise other states attaining national ambient air quality standards (NAAQS).

The CSAPR update would re-tool the program to help meet the 2015 ozone NAAQS, set at 70 parts per billion (ppb). But the rule faces strong opposition from states and industries newly included under the regulation, and also from industries already participating in the CSAPR emissions trading program.

As proposed, the rule would tighten state emissions caps from 2023, reaching full stringency by 2026, with new industries regulated by 2026 via emissions rates limits – but not covered under emissions trading. Several Western states would also participate in CSAPR for the first time.

-Inside EPA

Key States Move To Include Cumulative Impacts In Environmental Permits

Two more states have taken steps to consider cumulative impacts in permitting decisions in efforts to address environmental justice (EJ) and civil rights, with New York enacting an EJ law that requires regulators to weigh such impacts in permits while Massachusetts has proposed a permitting rule requiring assessments of such impacts.

Both actions took place late last year and are attracting significant attention.

The New York law is modeled after a first-in-the-nation New Jersey EJ law for which the state’s Department of Environmental Protect (DEP) is crafting implementing rules including a detailed tool to help regulators decide whether to deny permits in cases where an overburdened community faces adverse cumulative impacts.

New Jersey officials have said their rule is a model for several other states including Colorado and Michigan that are considering similar measures, as well as for EPA. Pennsylvania’s legislature has also considered a bill that mirrors New Jersey’s, while EPA, California, Louisiana and Minnesota are watching and tracking the Garden State’s effort.

The New Jersey rule was proposed last June but has yet to be finalized.

-Inside EPA

IHMM on Hazmat Transportation Issues

On January 13, 2022 IHMM issued an update and overview of several hazmat transportation issues and regulatory actions involving; lithium batteries, FMCSA hazardous materials safety permits, California ELD permits for intrastate carriers, ADR 2023, and 2 PHMSA regulatory actions.

You may read the materials here > https://ihmm.org/ihmm-and-transportation-issues/

Industry Groups, Texas Sue To Block EPA’s Just-Published WOTUS Rule

A broad coalition of energy, agriculture and other industry groups, as well as Texas officials, are seeking to block and vacate the Biden administration’s just-promulgated rule defining which “Waters of the United States” (WOTUS) are subject to the Clean Water Act (CWA), charging in separate suits that the rule violates the Constitution, the CWA and the Administrative Procedure Act (APA).

“Plaintiffs seek a declaration from the Court that the Rule violates the APA, contravenes the plain text of the CWA, and violates the United States Constitution, including but not limited to the Commerce Clause of Article I, Section 8 and the Due Process Clause of the Fifth Amendment. Plaintiffs further seek an order vacating the Rule and enjoining its implementation or application,” the industry coalition said in its Jan. 18 complaint, which was filed in the U.S. District Court for the Southern District of Texas.

Industry groups joining the suit include the American Farm Bureau Federation, American Petroleum Institute, National Mining Association, National Association of Home Builders, American Road and Transportation Builders Association, and 12 others.

Led by Attorney General Ken Paxton (R), several Texas state agencies filed a similar suit in the same court on the same day.

Both suits were filed on the day that EPA and the Army Corps of Engineers formally promulgated the measure in the Federal Register.

-Inside EPA

US Department of Labor reminds certain employers to submit required 2022 injury and illness data by March 2, 2023

The U.S. Department of Labor’s Occupational Safety and Health Administration is reminding employers that the agency is collecting calendar year 2022 Form 300A data. Employers must submit the form electronically by March 2, 2023.

Establishments under Federal OSHA jurisdiction can use the ITA Coverage Application to determine if they are required to electronically report their injury and illness information to OSHA. Establishments under State Plan jurisdiction should contact their State Plan.

Employers must connect their Injury Tracking Account to a Login.gov account to submit their 2022 workplace injury and illness data. Watch the video to learn how.

California Suit Likely To Prompt Other States To Pursue Broad PFAS Litigation

Industry attorneys are warning companies to expect more state lawsuits against PFAS makers and sellers to be filed in the coming year based in part on California’s massive multi-claim action against manufacturers, distributors and downstream users, especially with more states and EPA adopting new rules and limits for the chemicals.

Although the litigation filed last year by California’s attorney general (AG) relies heavily on the state’s unique Proposition 65 listing of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as chemicals known to cause reproductive toxicity, an aggressive tact that no other state has taken to date, with EPA enforceable limits on per- and polyfluoroalkyl substances (PFAS) looming, PFAS manufacturers and distributors, as well as aqueous film-forming foam (AFFF) manufacturers and suppliers, should nevertheless be on the lookout for similar state actions based on the ubiquitous nature of the forever chemicals and the ambitious claims of the Golden State’s newest PFAS litigation, say attorneys with Goldberg Segalla.

–Inside EPA

Certainty On WOTUS Remains Elusive As Supreme Court Ruling Awaits

The Supreme Court’s closely watched ruling later this year in Sackett v. EPA could fail to provide long-sought certainty over the scope of the Clean Water Act (CWA), especially if the court’s decision is narrowly focused on when adjacent wetlands are subject to the law and does not address other jurisdictional issues, such as small streams.

EPA and the Army Corps of Engineers recently finalized a new definition of “waters of the United States” (WOTUS) that covers a wide swath of “navigable” and other waters, including both wetlands and streams.

The new rule adopts the dual tests that the Supreme Court previously spelled out in Rapanos v. EPA, including both the narrow test based on “continuous surface connection” between “relatively permanent” waters,” as well as the broader “significant nexus” standard.

But the new rule will almost certainly face court challenges. While the high court’s ruling in Sackett could help determine the eventual outcome of those suits, it could do little to reduce the debate over what are WOTUS.

EPA also plans to propose a second WOTUS rule in November, after the Supreme Court rules, and finalize it in July 2024, according to the Fall 2022 Unified Agenda, which was released Jan. 4. But it is unclear to what degree yet another rulemaking can do to provide clarity.

PHMSA offers Hazmat transportation training workshops and webinars

PHMSA offers Hazmat transportation training workshops and webinars throughout the year. These free training opportunities are for anyone who offers or transports hazardous materials in commerce, or has a desire to learn more about DOT’s Hazardous Materials Regulations (HMR).

PHMSA conducts webinars specialized to meet the needs of industry or the public safety community. Transportation webinars provide a basic overview of the regulatory requirements – what they are, how they apply, and how to comply with them – for shipping and transporting Hazardous Materials.

To register for any of the webinars below, please use the following link:
https://opsweb.phmsa.dot.gov/hm_seminars/default_webinar.asp

Read more >> https://www.phmsa.dot.gov/hazmat/seminars/webinars

What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023

January 31, 2023
11:00 a.m. – 12:00 p.m. EST

REGISTER NOW

This webinar offers our best-informed judgment as to the trends and key developments chemical industry stakeholders can expect in 2023. At a political level, the Republicans’ narrow control of the U.S. House of Representatives will almost certainly invite a greater degree of oversight of U.S. Environmental Protection Agency (EPA) actions, particularly with respect to implementation of the 2016 amendments of the Toxic Substances Control Act (TSCA). Concepts core to the Act, including “reasonably foreseen,” “to the extent necessary,” “systematic review,” and “best available science,” continue to evolve and not always in predictable, coherent, and consistent ways. Similar policy shifts are seen in the agricultural and biocidal area, with perhaps less dramatic effect. How the 2024 general election will influence EPA’s policy choices is unclear. In that the election cycle has already begun, we caution all to buckle up and prepare for what we expect will be an eventful, fascinating year.

EPA’s Proposal To Toughen Fine Particle Standards Stirs Controversy

EPA’s recently released proposal to tighten a crucial health-based limit for fine particulate matter (PM2.5) is sparking a mixed welcome from environmentalists, who are pressing agency officials to impose tougher-still standards.

The plan would impose the heaviest burdens on California air regulators, but the state air board is nonetheless calling for stricter limits, even as it also seeks more-aggressive federal regulations on mobile sources to help meet the standards.

Industry groups say the whole proposal is unnecessary, and that it will impose unreasonable compliance costs. Meanwhile, questions remain about the possible effect of short-lived spikes in air pollution from sources such as wildfires that regulators cannot control.

The centerpiece of the plan is a modest tightening of the annual national ambient air quality standard (NAAQS) for PM2.5:

EPA proposes to lower the current “primary,” or health-based, limit for PM2.5 from 12 micrograms per cubic meter (ug/m3) down to a standard in the range of 9 ug/m3 to 10 ug/m3. This comports with the recommendation of EPA staff, and it is also within a range of 8 ug/m3 to 10 ug.m3 supported by a majority of EPA’s Clean Air Scientific Advisory Committee (CASAC).

–Inside EPA

ECHA adds nine hazardous chemicals to Candidate List

The Candidate List of substances of very high concern now contains 233 entries for chemicals that can harm people or the environment. Companies are responsible for managing the risks of these chemicals and must also give their customers and consumers information to use them safely. 

Helsinki, 17 January 2023 – ECHA has added nine chemicals to the Candidate List because of their hazardous properties. They are used for example in flame retardants, paints and coatings, inks and toners, coating products, plasticisers and in the manufacture of pulp and paper.

Entries added to the Candidate List on 17 January 2023 > https://echa.europa.eu/-/echa-adds-nine-hazardous-chemicals-to-candidate-list?_cldee=PgAPNwxcFbsLIdXnxeKhjlH5w7iMdSqIQeUCrrRYhvFI6YZdtqYQoqt3UYVndukW&recipientid=lead-fcb6989c61f3ec11813c005056b9310e-979c92118c424b3c8b1a268098e18bc2&esid=19c1a89a-1097-ed11-8144-005056b9310e

Take the Partner Survey

Thank you for being a Safe + Sound partner! We appreciate your support throughout the year. The Safe + Sound Partner Survey is live. We welcome feedback about your experience and suggestions for the future. The survey will close Tuesday, February 7th.

Earn a Challenge Coin

Workers are an important resource for identifying workplace hazards and implementing changes. Safety reporting systems allow ideas and suggestions for improving safety to be captured.

Take the Speak Up for Safety Challenge! Review your safety reports with a team to find common themes and opportunities to improve your overall workplace safety and health performance.

Complete the challenge and earn your virtual challenge coin! Then, share the results in your workplace and on social media to show how you encourage workers to #SpeakUpForSafety to be #SafeAndSoundAtWork.

Your Partner Punch List

We would appreciate if you could support Safe + Sound by doing the following:

• Complete the Safe + Sound Partner Survey by February 7th
• Promote the Speak Up for Safety Challenge to your stakeholders

A Collaborative Culture

There are 836 different conversations going on in the IHMM/HMS Collaboration platform this week.

A collaborative culture is important for every business but is especially important for our hazardous materials, dangerous goods, environment, health, and safety communities of practice. Do you have a problem you need to solve and want the opinions of your colleagues? This is where we come together to help each other.

IHMM credentialed professionals are at the top 1% of their professions and their reach is global. We are at the forefront of environmental protection, health, and safety and this is where collaborating with the best people in their fields, always willing to help one another, lessens the stress of our jobs, and where we strive as a team to make a difference of which we are proud.

We opened COLLABORATION to enable thousands of certificants and supporters to collaborate together. You can collaborate here.

Access to COLLABORATION is through the same username/password you use to access your MYIHMM account. Having a problem? Contact Jimmy Nguyen at [email protected]

Columbia Southern University

The Hazardous Materials Society [HMS] is a partner of Columbia Southern University. Columbia Southern University is an online university based in Orange Beach, Alabama, that strives to change and improve lives through higher education by enabling students to maximize their professional and personal potential.

A subsidiary of Columbia Southern Education Group, CSU offers online degree programs at the associate, bachelor, master, doctorate or certificate levels in a multitude of areas such as occupational safety and health, fire administration, criminal justice, business administration, human resource management, health care administration and more. CSU also features undergraduate and graduate certificate programs to provide focused training in specialized areas for adult learners.

Click on the CSU graphic at left and learn more about the professional development and degree program opportunities at CSU.

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