IHMM Today August 8, 2023

CUHMMC 41st Annual Conference

Oregon State University, Corvalis, Oregon

Visit IHMM’s Booth and Board Chair Bill Diesslin and Treasurer June Brock-Carroll. Below is a picture of June at the IHMM Booth, so come and say hello!

August 6-11, 2023

AHMP 36th Annual Conference

Omaha, NE

Visit IHMM’s Booth and Executive Director Gene Guilford

August 27-30, 2023

National Environmental Policy Act Implementing Regulations Revisions Phase 2

OSHA Heat Hazard Alert

Federal law requires employers to protect workers against heat hazards. A new OSHA Hazard Alert lays out employer responsibilities, worker rights, and OSHA’s current heat enforcement efforts. For more information and resources to keep workers safe, visit OSHA’s Heat Illness Prevention webpage.

Most states are experiencing an unprecedented heat wave and the U.S. is on track for the hottest summer on record. Heat is a well-known and recognized occupational hazard for outdoor and indoor workers that can cause serious or fatal illness when they are not provided the necessary protections and training. Each year, thousands of workers become sick from occupational heat exposure, and too many of those illnesses result in fatalities. New employees whose bodies have not had time to adjust to working in the heat are most vulnerable — nearly 3 out of 4 workers who die from heat-related causes die in their first week on the job.

OSHA Heat Hazard Alert

NPDES BASIC PERMIT WRITERS’ COURSE

Virtual Guided Learning

August 24, 2023 – September 28, 2023

The U.S. EPA is pleased to announce the opening of registration for the the National Pollutant Discharge Elimination System (NPDES) Basic Permit Writers’ Virtual Guided Learning Courses starting on August 24, 2023, with a morning and afternoon session running for five weeks.

The objective of this course is to provide the basic regulatory framework and technical considerations that support the development of wastewater discharge permits required under the NPDES program. The course was designed for permit writers with about six months to one year of experience in the NPDES program, but experienced permit writers wanting a refresher course and other water program staff or interested parties wanting to learn more about the NPDES program also are welcome.

The 5-week course will begin on Thursday, August 24, 2023. Participants should anticipate a time commitment of approximately 8-10 hours per week and should seek supervisor approval before signing up. The course is scheduled to conclude on September 28th, however a “rain date” of October 5th should be reserved by the participants in case of technical issues.

Each week, participants will have assigned “homework” consisting of NPDES online modules and permit exercises. These modules and exercises will then be discussed in a live virtual classroom setting on Tuesday and Thursday of each week. Participants will have the opportunity to join live office hour discussions with instructors and other participants each Tuesday as well. Participants will be expected to complete some pre-course assignments the week of August 21st prior to the course start.

There is no cost for the course. Registration is limited and available at:

NPDES Permit Writers’ Course – Virtual Guided Learning August 2023 (AM)

NPDES Permit Writers’ Course – Virtual Guided Learning August 2023 (PM)

Following registration, an email with further instruction will be provided.

For any questions related to this announcement, please contact Sean Ramach at [email protected] or (202) 564-2865.

Environmentalists Press EPA To Mandate Reductions Under Plastics Strategy

Environmentalists are urging the agency to strengthen several elements of its draft strategy for plastic waste reduction, arguing that mandatory actions are needed to bolster reuse and “circular economy” principles as well as seeking more stringent regulation of plastics pollution and recycling, among other criticisms of the draft.

“Any effective plan must also include deadlines and clearly detail how the deadlines will be achieved. We don’t have the luxury of long-term aspirational goals. The U.S. EPA must drive policies that reduce the generation, use, and disposal of plastics — especially to reduce the use of toxic chemicals and fossil fuel extraction used in manufacturing plastics. Time is not on our side,” the environmental group Beyond Plastics said in July 20 comments on EPA’s draft strategy.

Beyond Plastics was one of many groups that filed comments filed ahead of the July 31 deadline for input on the April 21 draft, many with overarching themes of calling for a circular economy, federal leadership, consumer education and control of plastics in waterways.

For instance, Surfrider Foundation, a nonprofit organization dedicated to ocean preservation, also argued in its letter for a stronger federal approach than EPA proposed.

–Inside EPA

EPA Updates States On WOTUS, Comments Due On Host Of EPA Rules

EPA is updating state regulators about its efforts to update the definition of “waters of the United States” and other pending Clean Water Act policies. Comments are due on a suite of major EPA rules, including plans to regulate greenhouse gases from power plants, regulating PFAS under Superfund and TSCA new chemical rules.

WOTUS

The Association of Clean Water Administrators (ACWA) is holding its 2023 Annual Meeting Aug. 9-11 where state regulators and EPA officials will present on key issues including EPA efforts to revise the definition of “waters of the United States” (WOTUS), contaminants of emerging concern, and environmental justice updates among other issues.

The American Law Institute-Continuing Legal Education is holding an Aug. 9 webinar about how property rights have been affected by the 2022 Supreme Court term and what’s coming next, where academics and private practitioners will discuss, among other cases, Sackett v. EPA and what that ruling means for future efforts to define WOTUS.

Drinking Water

EPA’s National Drinking Water Advisory Council (NDWAC) is hosting an Aug. 8 virtual meeting where the agency will offer updates about its Safe Drinking Water Act (SDWA) programs and to consult with the advisors on the final national primary drinking water regulation for per- and polyfluoroalkyl substances (PFAS). It also plans to provide an update from the microbial & disinfection byproducts rule revisions working group.

The Association of State Drinking Water Administrators (ASDWA) and EPA are hosting the 2023 annual meeting for the Area-Wide Optimization Program (AWOP), a voluntary multi-state effort designed to assist water systems with optimizing their physical and organizational infrastructures without incurring capital expenses.

Superfund

Comments are due Aug. 11 on EPA’s advance notice of proposed rulemaking asking whether it should designate seven additional PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) beyond perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), the two most-studied ones.

Additionally, EPA is asking whether it should add precursors of those seven PFAS as well as precursors of PFOA and PFOS to the CERCLA list, and/or whether it should designate categories of the chemicals to the list.

The American Bar Association is hosting its 2022 Superfund Year in Review on Aug. 9, where authors of the Superfund Year in Review will present about the leading Superfund cases from 2022 and the implications of the case holdings. It will also break down important Superfund case developments and help practitioners identify key holdings and changes in Superfund law from last year.

Power Plant GHGs

Comments are due Aug. 8 on EPA’s closely watched proposal to curb GHG emissions from fossil fuel-fired power plants. The Climate Action Campaign and the Solutions for Pollution coalition will host an Aug. 8 news conference at EPA to call for strong standards.

CWA Test Methods

The U.S. District Court for the Eastern District of California has a hearing scheduled for Aug. 7 in Clean Water SoCal, et al., v. EPA, et al., where California publicly owned treatment works are calling for a preliminary injunction against EPA’s use of contested Clean Water Act (CWA) toxicity test methods that they charge has the effect of codifying the method when adopting new water quality standards for toxics.

Chemical Spills

Moms Clean Air Force and Healthfirst PA are hosting an August 8 webinar to discuss pollution and children’s health in the context of the chemical spill in East Palestine, OH, and its effects in western Pennsylvania.

TSCA New Chemicals ‘Framework’

Comments are due Aug. 8 on EPA’s proposed update to its “framework” rule governing how the agency conducts its pre-market reviews of new chemicals under the Toxic Substances Control Act (TSCA).

The proposal has already faced criticism from multiple quarters, with environmentalist and industry sources calling the proposal a “housekeeping” measure that does not address outstanding concerns with new chemicals reviews that environmentalists say are too lax and industry says are mired in delays. And an animal welfare group is urging the agency to include changes to reduce animal testing it says the rule might otherwise spur.

–Inside EPA

OIG Finds New Chemicals Program Fails To Protect Health Or Environment

EPA cannot assure that its TSCA new chemicals review program is protecting public health and the environment, in part because it lacks the resources to fulfill its statutory duties, the agency’s Office of Inspector General (OIG) finds in a new report — the first of two separate investigations into alleged shortcomings and misconduct at the troubled program.

“Without updated, finalized guidance in place to ensure the consistency of new chemical reviews, the EPA does not have reasonable assurance that the new chemicals review process is properly considering and addressing risks to public health and the environment” as required by the Toxic Substances Control Act (TSCA), OIG’s Aug. 2 report states.

Specifically, the watchdog office says the New Chemicals Division (NCD) “has not complied with applicable recordkeeping and quality assurance requirements” because it “has not finalized guidance for many of the program’s activities, such as standard operating procedures for recordkeeping and conducting exposure and hazard assessments.”

Such documents are essential, OIG adds — citing the agency’s guidance for developing its standard operating procedures (SOPs) — because SOPs “are integral parts of a successful quality system, as they provide individuals with the information to properly perform a job. They also facilitate consistency in the quality and integrity of a product or end result.”

–Inside EPA

Federal Courts Block EPA From Implementing Major Air, Water Policies

Federal appellate and trial courts are blocking EPA from implementing key air and water policies, including decisions underlying the agency’s high-profile interstate air pollution rule, new cybersecurity standards for drinking water agencies, and a measure to define the scope of the Clean Water Act (CWA).

A flurry of recent court activity has centered on EPA’s “Good Neighbor” rule aimed at limiting interstate ozone pollution, with the agency pausing implementation of the policy in states where courts have blocked EPA from imposing federal controls just days before the measure was slated to take effect:

EPA in a July 31 interim final rule stayed implementation of the rule in Arkansas, Kentucky, Louisiana, Mississippi, Missouri and Texas — the six states where appellate courts have stayed EPA’s denials of their state implementation plans (SIPs), a prerequisite to the rule — styled as a federal implementation plan (FIP) for attaining the 2015 ozone national ambient air quality standard (NAAQS).

–Inside EPA

Department of Labor seeks nominations for membership to National Advisory Committee on Occupational Safety and Health

The U.S. Department of Labor is seeking nominations to fill two Department of Health and Human Services-designated vacancies on the National Advisory Committee on Occupational Safety and Health.

The 12-member committee advises the Secretary of Labor and Secretary of Health and Human Services on matters related to administering the Occupational Safety and Health Act. The committee meets two to four times a year.

OSHA invites nominations to fill one HHS-designated public representative and one HHS-designated occupational health professional representative. The Secretary of Labor will appoint members designated by the Secretary of HHS. The members will serve two-year terms beginning Nov. 16, 2023.

Submit nominations to the Federal eRulemaking Portal, Docket Number OSHA-2023-0003 by Aug. 29, 2023. Read the Federal Register notice for submission details.

Transport Canada Publishes a Large Miscellaneous Update to its TDG Regulations

Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA)

The Environmental Protection Agency proposes to ban most uses of perchloroethylene (PCE) and to require a workplace chemical protection program for PCE uses that are not banned. The proposed ban would prohibit manufacturing, processing, and distribution of PCE for consumer uses; prohibit most industrial and commercial uses of PCE; and create workplace protections for the remaining uses. Comments due August 15.

Read more >> https://www.federalregister.gov/documents/2023/06/16/2023-12495/perchloroethylene-pce-regulation-under-the-toxic-substances-control-act-tsca

Professional Certification Coalition

IHMM is a member of the PCC. The PCC monitors state and federal legislative and regulatory activity affecting professional certification on an ongoing basis. The PCC has compiled several “Watchlists” identifying and analyzing provisions in pending legislation at both the state and federal level that, under applicable rules, may still be enacted in the current legislative session.  Depending on the carry-over rules in the relevant legislature, the charts listing current legislation may include bills introduced in a prior year.  In addition, the PCC compiles each year a chart of enacted legislation that affects certification. The charts include hyperlinks to every bill or executive order. Note that the Watchlist and the Enacted Legislation document do not include profession-specific legislation and do not include regulatory initiatives. The charts will be updated as needed based on new developments.

• 2023 Accomplishments and 2024 Priorities

Other State and Federal Activities

In this section we will highlight other state and federal government affairs activities undertaken by the committee.

Current Priorities June-August 2023

• PHMSA – Hazardous Materials: Harmonization With International Standards – IHMM Comments Submitted – Docket No. PHMSA-2021-0092 (HM-215Q)

• NY Department of Labor rulemaking concerning the recognition of the CSHM and CSMP. IHMM’s comments concerning initiating this rulemaking are here

• Work with Eric Vega in Puerto Rico concerning credential recognition

• Review of the Governor of Nevada’s Executive Order concerning licensing boards and potential for recognition of the CHMM. IHMM’s comments on the Governor’s Executive Order are here

• Scheduling meetings with the Maryland Congressional delegation concerning the Certified Pandemic Preparedness Specialist [CPPS] credential

IHMM Credential Recognition

The highest priority of IHMM’s Government Affairs Committee is the recognition of IHMM’s credentials by government. We have made substantial progress in the two years we have undertaken this endeavor, as outlined in detail here > https://ihmm.org/credential-recognition/

In this project we have 45-in-5, increasing the number of states that recognize IHMM credentials.

• We have already succeeded in 13 states – New York, Connecticut, Pennsylvania, Indiana, California, Colorado, Nebraska, Minnesota, Arkansas, Oklahoma. Ohio, North Dakota, and Georgia. [Red states in the map above]. These are states where IHMM credentials are cited or 40 CFR 312.10 is cited by reference.
• We have partially succeeded in another 16 states – Alaska, Hawaii, Idaho, Montana, Arizona, Kansas, Iowa, Missouri, Illinois, Kentucky, Florida, Delaware, Rhode Island, Massachusetts, Vermont, and Maine. [Orange/Black Stripe states in the map above] These are states where the requirements of an “environmental professional” or QEP are cited that coincide with an IHMM credential so that relatively little work would need to be done to clarify the desired outcome.
• We have 21 states where no reference to an IHMM credential is made in either statute or regulation, nor is there anything defined in the area of an environmental professional. These states will require legislation or regulatory work. [Yellow states in the map above].

in January 2022 Gene Guilford released the 40 CFR § 312.10 EPA regulation that states a private certification that meets or exceeds the requirements of the regulation is an Environmental Professional under the regulation. Here is the crosswalk between the 40 CFR § 312.10 EPA regulation and the Certified Hazardous Materials Manager [CHMM] blueprint. The CHMM meets or exceeds the requirements of an Environmental Professional. 

Here’s what we ask each volunteer to do:

• Watch legislative and regulatory developments in your state that provide an opportunity for us to create amendments or other interventions
• Be willing to speak with regulators and legislators in your area about the recognition efforts we craft together

Regulatory Updates

PHMSA’s Office of Hazardous Materials Safety will be hosting public forums in advance of four international meetings, to allow the public to give input on current proposals being considered by the International Civil Aviation Organization’s (ICAO) Dangerous Goods Panel (DGP) and the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The international meetings include:

• The 62nd session of the UNSCOE TDG, scheduled for July 3 to July 7, 2023, in Geneva, Switzerland
• The 29th session of the ICAO TDG, scheduled for November 13 to 17, 2023, in Montreal, Canada
• The 63rd session of the UNSCOE TDG, scheduled for November 27 to December 6, 2023, in Geneva, Switzerland

Each of these public meetings will be held approximately two weeks before the corresponding international meeting. Specific information for each meeting, including date, time, conference call-in number, and details for advance registration will be posted when available on the PHMSA website under “Upcoming Events.” These meetings will be virtual, with hybrid options available as possible, pending public health guidelines.

The Federal Register announcement can be found here.

HM-265A: Modernizing Regulations to Improve Safety and Efficiency

PHMSA is seeking your input to help us improve the HMR!

On July 5, 2023, PHMSA published the Advance Notice of Proposed Rulemaking (ANPRM) “HM-265A: Modernizing Regulations to Improve Safety and Efficiency” to the Federal Register. Based on feedback from industry stakeholders, internal PHMSA review, NTSB safety recommendations, and modal safety partners, the ANPRM addresses 46 separate areas where the requirements of the HMR may need to be updated to increase efficiency while improving safety. Topics addressed in the ANPRM include those related to UN Performance Oriented Package testing, tank car safety, hazardous material employee training, and updates to incorporated by reference documents, among others.

The public comment period for this ANPRM ends on October 3, 2023. For questions, please contact Mr. Eamonn Patrick at [email protected].

HM-263: FAST Act Requirements for Real-Time Train Consist Information

On June 27, PHMSA published a new Notice of Proposed Rulemaking (NPRM) aimed at improving public safety and preventing environmental impacts by strengthening requirements governing railroads’ provision of hazardous materials information to responders during a hazmat incident. This proposal is a response to mandates in the Fixing America’s Surface Transportation (FAST) Act and a recommendation from the National Transportation Safety Board (NTSB).

The proposal would require all railroads to always maintain — and update in real-time — accurate, electronic information about rail hazmat shipments in a train consist that would be accessible to authorized emergency response personnel. Required information would include the quantity and position of the shipment on the train, the shipment’s origin and destination, and a designated emergency point of contact at the railroad. Railroads would also be required to proactively “push” that information to authorized local first response personnel as soon as the railroad is aware of an accident involving any hazardous materials.

The public comment period for this NPRM ends on August 28, 2023. For questions, contact Dirk Der Kinderen at (202) 366-8553.

IHMM CONFERENCES FOR 2023

IHMM will attend and support a number of conferences and trade shows throughout 2023, virtually as well as in-person as resources allow. Below are some of the conferences IHMM will support in 2023.

Are there conferences you believe IHMM should attend that do not appear here? If so, let us know by sending an email to [email protected]

National Safety Council Congress & Expo

New Orleans, LA

October 23-25, 2023

FET Annual Conference

Milwaukee Marriott West

October 31-Nov 2, 2023