EHS Professional – January 25, 2024

IHMM Enters Its 40th Year

On December 3, 1984 the Institute of Hazardous Materials Management was created with the Certified Hazardous Materials Manager® [CHMM®] credential.  John H. Frick, Harold M. Gordon, John J. McCambridge, and Richard A. Young created what would become an Institute that offers 11 professional credentials across Hazardous Materials/Dangerous Goods and EHS Work Place Safety communities of practice in all 50 of the United States and 85 other countries.

IHMM thanks its hundreds of volunteer leaders, thousands of certificants and companies who support IHMM through strengthening its ability to extend its reach and allow us all to live up to why we exist our vision, and our mission…

Why We Exist

Our Vision

Our Mission

IHMM Organizing Broader Government Affairs Activities – Call for Volunteers

In strategic planning on August 17, 2023 IHMM created a strategic imperative to create a broader government affairs operation on behalf of, and with the assistance of, all of IHMM’s certificants.

If you want to make a difference in the recognition of your credentials and build on the successful record we have achieved thus far – we need you to volunteer. Learn more by visiting our Government Affairs Committee page, and get involved with government affairs. You can volunteer for one, two, three or all four of the segments of the committee’s work. That’s up to you!

IHMM To Propose Changes in Government Recognition of Credentials

State of Maine Department of Environmental Protection is proposing to update Chapter 851, Standards for Generators of Hazardous Waste. In the current regulation work is required by a professional engineer. IHMM is proposing to include an environmental professional as defined by 40 CFR §312.10.

The Occupational Safety and Health Administration has a number of courses in occupational safety and health within which OSHA credits “A degree in occupational safety and health, a Certified Safety Professional (CSP) or a Certified Industrial Hygienist (CIH) designation.” IHMM will propose including the CHMM, CSHM, and CSMP.

Beltway Buzz, Ogletree Deakins

Snowstorm Spurs Deal to Continue Government Funding. Despite all the negotiations, closed-door meetings, and political caterwauling, a mild snowstorm was perhaps the catalyst for a flurry of activity that saved us—again—from a federal government shutdown. Seeking to get out of town before snow descended on the Washington, D.C., area, on January 18, 2024, the U.S. Congress passed another continuing resolution that will extend funding for the federal government to March 1 and March 8, 2024 (instead of January 19 and February 2, 2024). This will be the third time that Congress has had to postpone a final deal on fiscal year 2024 appropriations.

To Defer or Not Defer. Administrative law wonks were on high court alert this week, as the Supreme Court of the United States heard oral argument in two consolidated cases concerning the viability of so-called “Chevron deference.” Chevron v. Natural Resources Defense Council—decided forty years ago—requires federal courts to defer to agencies’ reasonable interpretations of ambiguities in the statutes they administer. Critics of Chevron claim that the decision has given too much authority to federal regulators’ interpretations of statutes when statutory interpretation should be a job for the judicial branch. Proponents of the doctrine argue that it helpfully constrains federal judges from making policy calls on issues that they know little about. Ultimately, the Court’s decision could have a significant impact on agencies’ enforcement actions and regulatory agendas. Expect a decision around June of this year.

Immigration Update. It was a busy week for immigration policy news. Here is what the Buzz is tracking:

• H-1B Filings to be available online. Late last week, U.S. Citizenship and Immigration Services (USCIS) announced that in February 2024, it will make available online organizational accounts “to increase efficiency and ease collaboration for organizations and their legal representatives.” The organizational accounts will allow multiple individuals from the same organization to prepare and file H-1B registrations, petitions, and premium processing requests.

• H-1B modernization reg. moves forward. USCIS’s regulatory proposal to modernize the H-1B visa program has moved on to the Office of Information and Regulatory Affairs (OIRA) for review. This is a quick step forward in the rulemaking process, as the public comment period closed less than one month ago. In its proposal, USCIS indicated that it “may move to finalize the proposed provisions through one or more final rules,” but it is unclear at this time what is actually being reviewed by OIRA. If USCIS is moving to finalize the proposal via separate rulemakings, it is possible that OIRA may just be reviewing the beneficiary-centric selection procedure portion of the proposal.

• Fee schedule. OIRA is also reviewing USCIS’s proposal to increase fees for certain immigration and naturalization benefit requests. As proposed, the regulation would significantly increase fees on employers that supplement their workforces with foreign workers. In just one example, USCIS is proposing to increase the H-1B registration fee from $10 to $215—a 2,050 percent increase.

• H-2B cap reached. USCIS announced that it “has received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year 2024 with start dates on or before March 31, 2024.” The supplemental visas were made available pursuant to a temporary final rule published in November 2023. Natalie L. McEwan has the details.

Employee Retention Credit: Accelerated Termination? Who says Congress can’t get anything done? In what may be described as a rare moment of bipartisanship, this week Senate Finance Committee Chairman Ron Wyden (D-OR) and House Ways and Means Committee Chairman Jason Smith (R-MO) announced that they had come to an agreement on a bipartisan, bicameral, tax package. The Tax Relief for American Families and Workers Act of 2024” (H.R. 7024) would make changes to the child tax credit, low-income housing tax credit, and research and development deductibility, among other provisions. Here is why employers should take note: in addition to these changes, the framework proposes to end the CARES Act Employee Retention Credit (ERC) program as early as January 31, 2024. (Currently, 2020 ERC claims must be filed by April 15, 2024, and 2021 claims must be filed by April 15, 2025). The House Committee on Ways and Means was scheduled to mark up the bill today, so this could move quickly (though passage by January 31 would be unusually fast).

U.S. Senators: “I Can Buy Myself Flowers.” In addition to passing legislation to continue federal government funding, senators did other important work this week: they passed a resolution (S. Res. 526) to repeal the ban on flowers on the U.S. Senate floor. Way back when, the opening of each Congress was quite a spectacle, and there was a tradition of family members, friends, and political supporters sending their favorite legislators flowers to be displayed throughout the legislative chamber and adjoining galleries. The practice eventually became unwieldy, messy, and contentious (some legislators supposedly sent themselves flowers in secret in efforts to artificially inflate their own popularity), so flowers were banned on the Senate floor in 1905. In 1983, a floral exception was made in the event of the death of a sitting senator. This week’s resolution says “hosta la vista” to both the 1905 and 1983 resolutions.

Request for Nominations of OSHA’s Federal Advisory Council on Occupational Safety and Health (FACOSH)

As you may be aware, OSHA is requesting nominations for membership on its Federal Advisory Council on Occupational Safety and Health (FACOSH). Nominations for FACOSH must be submitted by February 23, 2024.

Individuals may submit nominations and supporting materials, identified by Docket No. OSHA-2023-0012, electronically at https://www.regulations.gov, which is the Federal e-Rulemaking Portal. For more information, see the Federal Register Notice.

Understanding Firearm-Related Injury and School Violence

Episode 1: Contributing Factors for Firearm-Related Injuries

In the first episode of our new podcast series, we are joined by Dr. Marc Zimmerman, co-director of the National Center for School Safety. Together, we explore the issue of firearm-related injury and school violence by discussing contributing factors and providing some general context. Moreover, we look at the positive influences that can significantly reduce the probability of injury and violence among students.

LISTEN HERE

EPA Issues Final SNUR to Prevent Inactive PFAS from Reentering Commerce

On January 11, 2024, the U.S. Environmental Protection Agency (EPA) issued a final significant new use rule (SNUR) to prevent companies from starting or resuming the manufacture (including import) or processing of 329 per- and polyfluoroalkyl substances (PFAS) that are designated as inactive on the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. 89 Fed. Reg. 1822. The final rule notes that persons subject to the final SNUR are required to notify EPA at least 90 days before commencing any manufacture (including import) or processing of the chemical substance for a significant new use. Once EPA receives a significant new use notification (SNUN), EPA must review and make an affirmative determination on the SNUN and take such action as is required by any such determination before the manufacture (including import) or processing for the significant new use can commence. EPA states that such a review “will assess whether the new use may present unreasonable risk to health or the environment and ensure that EPA takes appropriate action as required to protect health or the environment.” The SNUR will take effect March 11, 2024. For more information, please read the full memorandum.

Read more here.

OSHA – New Injury Tracking Application

Please be aware that the updated Occupational Safety and Health Administration (OSHA) Injury Tracking Application (ITA) is now available from osha.gov/injuryreporting. This page provides requirements and guidance about electronically submitting your establishments’ injury and illness data from the OSHA Form 300A: Summary of Work-Related Injuries and Illnesses, OSHA Form 300: Log of Work-Related Injuries and Illnesses, and OSHA Form 301: Injury and Illness Incident Report.   These data help employers, workers and OSHA evaluate the safety of a workplace, understand industry hazards, and implement worker protections to reduce and eliminate hazards -preventing future workplace injuries and illnesses.

As a reminder, establishments that meet certain size and industry criteria are required to electronically submit injury and illness data from their OSHA Form 300A, 300, and 301 (or equivalent forms) once per year to OSHA via the ITA. Employers should visit the ITA Coverage Application to determine whether they are required to submit this data. Data collection for CY 2023 will begin January 2, 2024, and must be submitted by March 2, 2024.

Gavel Down, Gearing Up: 2024 State Legislative Sessions and How AIHA Empowers You

The echoes of the gavel are beginning to ring across state capitols, marking the official start of the 2024 legislative sessions. For occupational and environmental health and safety professionals, this signals a renewed call to action: a chance to influence policies that impact worker well-being across the nation.

State legislatures will introduce thousands of bills that will impact the OEHS profession in the coming months. In this crucial landscape, AIHA stands as your unwavering advocate. Through our robust State Team Program and the comprehensive resources of the AIHA Grassroots Advocacy Center, we equip you with the tools and knowledge to effectively engage with your state legislators and make a tangible difference.

Read more here.

EPA Updates

High Court’s Chevron Decision Expected To Drive New Litigation ‘Flood’

The Supreme Court’s upcoming decision on the fate of EPA and other agencies’ deference under the Chevron doctrine is almost certain to drive reams of new litigation and result in conflicting circuit decisions, legal observers say, given widespread expectations the justices will overturn or significantly cabin the doctrine.

Mayors Recite Fears Over High Costs Of EPA PFAS Drinking Water Limits

Mayors from cities around the country are reiterating their concerns to EPA that they will lack the funds to comply with an upcoming rule expected to strictly limit PFAS in drinking water, and argue that the agency should redirect its focus from water systems to instead aggressively stem the sources of these chemicals.

Industry Makes Case For EPA To Set 3-Year Implementation For PM Limits

The wood products industry is pressing EPA to delay implementation of any tougher limits it may soon finalize for fine particulate matter (PM2.5), making the legal case for a three-year delay of the rule’s effective date, echoing similar calls from Kentucky Gov. Andy Beshear (D) and the United Steelworkers union in seeking a delay of any tighter limits.

EPA Floats Methane Fee Proposal, Including Key Exemption Parameters

EPA has released long-awaited proposed implementing rules for the Inflation Reduction Act’s (IRA) methane fee, outlining how to calculate payments by oil and gas facilities, when such payments must be made to the Treasury, and when and how officials would grant several exemptions to the fee required by Congress.

EPA Toughens CERCLA, RCRA Soil-Lead Screening Levels In New Guide

EPA is lowering recommended screening levels and strengthening guidance for cleaning up lead-contaminated soil at Superfund sites and Resource Conservation and Recovery Act (RCRA) corrective action facilities in new guidance, a move the agency expects will drive evaluation and cleanup at a “significant number” of residential properties.

EPA Urges Court To Deny State, Industry Plaintiffs’ Bid To Block 401 Rule

EPA is charging that Republican states and energy industry groups challenging its Clean Water Act (CWA) section 401 water quality certification rule lack standing to win a preliminary injunction against its application, arguing that plaintiffs fail to show they will suffer irreparable harm and are unlikely to succeed on the merits

–Inside EPA

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

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