IHMM Government Affairs

IHMM Federal Issues – Pending Actions With Deadlines

In this section you will find the federal issues on which IHMM has interests and the comment periods are still open with deadlines.

• Environmental Protection Agency Issues its Fall 2024 Regulatory Agenda – Read more here

• Department of Transportation Issues Fall 2024 Regulatory  Agenda – Read more here

• Department of Labor Issues its Fall 2024 Regulatory Agenda – Read more here

IHMM/ASAE Launch Campaign for “Freedom to Invest in Tomorrow’s Workforce Act” CALL TO ACTION

Thanks to the continued efforts of the Tomorrow’s Workforce Coalition, the Institute for Credentialing Excellence (ICE), the Professional Certification Coalition (PCC), and the American Society of Association Executives (ASAE), the Freedom to Invest in Tomorrow’s Workforce Act has been reintroduced in the Senate and the House of Representatives!

The Freedom to Invest in Tomorrow’s Workforce Act would expand qualified expenses under 529 savings plans to include postsecondary training and credentialing, such as licenses and nongovernmental certifications. It would provide valuable tax-advantaged resources to more workers pursuing career growth, mid-career changes, or alternative career pathways.

Please take a moment to make your voice heard on this important issue and share this grassroots campaign with your stakeholders to amplify our impact!

IHMM/ASAE Launch Campaign for “Freedom to Invest in Tomorrow’s Workforce Act” CALL TO ACTION

Thanks to the continued efforts of the Tomorrow’s Workforce Coalition, the Institute for Credentialing Excellence (ICE), the Professional Certification Coalition (PCC), and the American Society of Association Executives (ASAE), the Freedom to Invest in Tomorrow’s Workforce Act has been reintroduced in the Senate and the House of Representatives! The Freedom to Invest in Tomorrow’s Workforce Act would expand qualified expenses under 529 savings plans to include postsecondary training and credentialing, such as licenses and nongovernmental certifications. It would provide valuable tax-advantaged resources to more workers pursuing career growth, mid-career changes, or alternative career pathways. Please take a moment to make your voice heard on this important issue and share this grassroots campaign with your stakeholders to amplify our impact! IHMM has launched lobbying efforts with our credential holders around the country to gather co-sponsors for the Freedom to Invest in Tomorrow’s Workforce Act (S. 756 / H.R. 1151),

CALL TO ACTION: Use this link: https://asaecenter.quorum.us/campaign/110032/ to send a message to YOUR House and Senate members about co-sponsoring and supporting S 756 and HR 1151.

US DOT Regulatory Information Request

EPA Extends Comment Period On Draft TSCA Risk Evaluation For DCHP

Deadline: May 9, 2025

On March 13, 2025, EPA extended the comment period on the draft risk evaluation for dicyclohexyl phthalate (DCHP) under TSCA. 90 Fed. Reg. 11966. EPA released the risk evaluation for DCHP on January 7, 2025, with a comment period that closed March 10, 2025.

Federal Register

EPA Extends Deadline For Reporting Health And Safety Data For 16 Chemicals

Deadline: June 11 and September 9, 2025

On March 13, 2025, EPA extended the reporting deadline for a rule under TSCA Section 8(d) requiring manufacturers (including importers) of 16 chemicals to report data from unpublished health and safety studies to EPA. The rule applies to manufacturers in the North American Industrial Classification System (NAICS) codes for chemical manufacturing (NAICS code 325) and petroleum refineries (NAICS code 324110) that are currently manufacturing (including importing) a listed chemical substance (or will do so during the chemical’s reporting period), or that have manufactured (including imported) or proposed to manufacture (including import) a listed chemical substance within the last ten years. EPA states that the health and safety studies will help inform EPA’s prioritization, risk evaluation, and risk management of chemicals under TSCA. EPA extended the reporting deadline to June 11, 2025, for vinyl chloride, and to September 9, 2025, for the other chemicals covered under the rule:

• 4,4-Methylene bis(2-chloraniline);

• 4-tert-octylphenol(4-(1,1,3,3-Tetramethylbutyl)-phenol);

• Acetaldehyde;

• Acrylonitrile;

• Benzenamine;

• Benzene;

• Bisphenol A (BPA);

• Ethylbenzene;

• Naphthalene;

• Styrene;

• Tribromomethane (bromoform);

• Triglycidyl isocyanurate;

• Hydrogen fluoride;

• N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD); and

• 2-anilino-5-[(4-methylpentan-2-yl) amino]cyclohexa-2,5-diene-1,4-dione (6PPD-quinone).

Federal Register

IHMM,  NSC Coalition Letter to Congressional Appropriators – OSHA FY2026

Each year, with input from several associated stakeholders, including IHMM, the National Safety Council develops an occupational safety and health congressional appropriations letter for organizations to sign. Given the state of play, this year’s letter focuses on OSHA funding at the FY25 level ($655.5 million) and the restoration of critical NIOSH programs. The letter is attached.

IHMM NSC Coalition Letter to Congressional Appropriators

IHMM, 460 Organizations Fight for Funding NIOSH – Friends of NIOSH

IHMM is part of a 460-organization coalition seeking to inform congressional appropriators about the importance of NIOSH funding. This is the time of year when Congressional appropriations committees begin deliberating on the FY2025 budget cycle and writing appropriations bills. Given recent actions in Washington, we crafted a communication to help them understand the need to fund NIOSH adequately.

Friends of NIOSH Coalition Letter Here

IHMM and the Intersociety Forum [ISF]

Driving Business Growth and Profitability

IHMM is a member of the Intersociety Forum, made up of organizations dedicated to the EHS professions and to communicating with policy makers about the critically important role that the EHS professionals play in our world.

Modern occupational environmental, health, and safety (EHS) practices are key to driving economic growth. This document, developed by the Intersociety Forum (ISF), a coalition of organizations dedicated to safeguarding worker safety and health, highlights the many ways safety practices create a strategic advantage that powers enduring business success while fostering innovation and protecting workers.

Despite advancements, workplace injury and fatality rates remain stagnant. By adopting proactive, risk-based safety strategies, businesses can unlock greater productivity, reduce costs, and strengthen their global competitiveness. We urge today’s business leaders and policymakers to prioritize occupational EHS as a foundation of economic competitiveness. Adopting this approach will position the U.S. as a global leader in safety, innovation, and workforce well-being, enabling workers and businesses to thrive. Driving Business Growth and Profitability.

Here is the “Driving Business Growth and Profitability Through Modern Occupational Environmental, Health and Safety Practices” document.

TWC Legislation HR1151/S756 Fact Sheet

Fact Sheet Above

Congress / Legislation – Tomorrow’s Workforce Coalition 

H.R. 1151 / S 756 / Coalition Roster

IHMM Joins Community Impact Coalition in Washington

IHMM Joins ASAE Executive Steering Committee on Tax Reform in Washington

Driving Business Growth and Profitability with Modern Occupational Environmental, Health and Safety Practices

IHMM is a member of the Intersociety Forum, made up of organizations dedicated to the EHS professions and to communicating with policy makers about the critically important role that the EHS professionals play in our world.

Modern occupational environmental, health, and safety (EHS) practices are key to driving economic growth. This document, developed by the Intersociety Forum (ISF), a coalition of organizations dedicated to safeguarding worker safety and health, highlights the many ways safety practices create a strategic advantage that powers enduring business success while fostering innovation and protecting workers.

Despite advancements, workplace injury and fatality rates remain stagnant. By adopting proactive, risk-based safety strategies, businesses can unlock greater productivity, reduce costs, and strengthen their global competitiveness. We urge today’s business leaders and policymakers to prioritize occupational EHS as a foundation of economic competitiveness. Adopting this approach will position the U.S. as a global leader in safety, innovation, and workforce well-being, enabling workers and businesses to thrive. Driving Business Growth and Profitability.

Here is the “Driving Business Growth and Profitability Through Modern Occupational Environmental, Health and Safety Practices” document.

IHMM Submits Comments on the OSHA Proposed Heat Rule

NPRM: Advancing Safety of Highway, Rail, and Vessel Transportation

Deadline: April 28, 2025

On October 28, HM-265 Notice of Proposed Rulemaking (NPRM) titled “Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation” was published to the Federal Register. This NPRM proposes amendments to improve the safety and efficiency of hazardous materials transported by highway, rail, and vessel, as well as several amendments for all modes of transportation. Specifically, some of the proposed amendments include:

• Adopting the 2017 Rail Safety Advisory Committee Hazardous Materials Issues Working Group recommendations
• Removing the delegation to the Association of American Railroads as the sole source for tank car design approvals and tank car facility quality assurance program approvals
• Revising the UN ID number marking requirements for motor carriers who transport different types of petroleum distillate fuels (e.g., gasoline and diesel fuel) in multiple trips in the same day
• Updating cargo tank manufacture and inspection requirements to address safety deficiencies noted during inspections
• Removing the requirement for security awareness training for hazmat employees who manufacture packagings and do not come into contact with hazardous materials in transport.

As with any NPRM, PHMSA needs your input! We’ve extended the comment period, meaning that all comments must be received by April 28, 2025.

Notice to Public Safety Answering Points (PSAP, e.g., 9-1-1 call centers)

Starting on June 24, 2025, the six Class I railroads are required to begin complying with the requirements of the HM-263 Real-Time Train Consist Information final rule.

This rule requires that, for any accident involving a train transporting hazardous material, or any incident involving the release or suspected release of hazardous materials from a car on a train, railroads must make a telephone call to the primary Public Safety Answering Point (PSAP) informing them of the incident or accident. Then, the railroad must transmit train consist information directly to the primary PSAP, in a form that the PSAP is able to receive and use.

Train consist information includes:

• The railroad’s designated emergency response point of contact (including contact phone number)
• the position in the train and contents of each hazardous material rail car, listed by reporting mark and number
• The point of origin and destination of the train
• Shipping paper information (e.g., UN ID number, proper shipping name, hazard class, packing group, technical name (if applicable), number and type of packages
• Emergency response information required by § 172.602(a) of this subchapter.

This information is critical for first responders to protect themselves and their communities during the initial stages of a response to a train accident or incident involving hazardous materials.

IHMM Federal Issues – Completed Actions

In this section you will find the federal issues on which IHMM has interests and are completed actions.

EPA Releases Draft Scope Document for Vinyl Chloride TSCA Risk Evaluation

EPA Proposes Risk Management Rule to Protect Workers from Inhalation Exposure to PV29

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Methylene Chloride Standard 

Deadline: December 13, 2024

The agency published an ICR related to its Methylene Chloride standard. This chemical is hazardous but widely used in industry, so OSHA closely monitors safety standards. The regulation of methylene chloride, also known as dichloromethane (DCM), is primarily governed by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA).

• U.S. Environmental Protection Agency (EPA). (2024). A Guide to Complying with the 2024 Methylene Chloride Regulation Under the Toxic Substances Control Act (TSCA).
• U.S. Environmental Protection Agency (EPA). (2024). Risk Management for Methylene Chloride.
• U.S. Environmental Protection Agency (EPA). (2024). Fact Sheet: Regulation of Methylene Chloride under TSCA.

These regulations aim to protect public health and the environment by reducing exposure to this hazardous chemical.

Federal Register

IHMM Comments Filed 12-13-2024

PHMSA NPRM on HMR

Deadline: January 27, 2025

The agency published a new proposed rule (NPRM) that if adopted will modify certain provisions of the HMR related particularly to modal-specific requirements. The following are, according to PHMSA, some of the more important topics that feature proposed revisions:

• Rail tank car use requirements as recommended by the Rail Safety Advisory Committee (RSAC)

• Rail tank car and service equipment design approval requirements

• Highway cargo tank specifications and requalification requirements

• Marking requirements for cargo tanks that contain multiple petroleum distillate fuels.

Comments will be due no later than January 27^th, 2025. See the details of this NPRM and find out how to comment here.

Federal Register Here

Canada Begins Public Consultations on Initiatives Supporting CEPA Amendments

DOT Publishes Notice of Proposed Rulemaking for Electronic Signatures, Forms and Storage for Drug and Alcohol Testing Records

Deadline: December 16, 2024

Today, October 15, 2024, the Department of Transportation (DOT) published a notice of proposed rulemaking (NPRM) in the Federal Register proposing to amend its regulations for conducting workplace drug and alcohol testing for the federally regulated transportation industry to allow, but not require, electronic signatures on documents required to be created and utilized under the regulations, the use of electronic versions of forms, and the electronic storage of forms and data.

The regulatory changes would apply to DOT-regulated employers and their contractors (“service agents”) who administer their DOT-regulated drug and alcohol testing programs.  Currently, employers and their service agents must use, sign and store paper documents exclusively, unless the employer is utilizing a laboratory’s electronic Federal Drug Testing Custody and Control Form system that has been approved by the Department of Health and Human Services.  DOT is required by statute to amend its regulations to authorize, to the extent practicable, the use of electronic signatures or digital signatures executed to electronic forms instead of traditional handwritten signatures executed on paper forms.

Federal Register

Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)

EPA Seeks Public Comment on Manufacture of Certain PFAS during Fluorination of HDPE and Other Plastic Containers

OSHA Emergency Response Standard Hearing

Public Hearing November 12, 2024

The Occupational Safety and Health Administration (OSHA) issued a notice scheduling an informal public hearing on its proposed rule ‘‘Emergency Response Standard’’ mentioned in the email below.… Read More

EPA Begins 90-Day Comment Period on Proposed High-Priority Substance Designations for Five Chemicals

Deadline: October 23, 2024

IHMM Signs Letter Opposing Reductions in OSH Worker’s Pay

The IHMM Government Affairs Committee has agreed to sign a coalition letter opposing reductions in pay for IH and OSH employees.

Why IHMM Is Interested in This Act – Protecting CSHMs, CSMPs, and ASHMs in government

As the attached letter states, part of the concern and reason we signed onto this letter is that “if VA’s proposed pay downgrade moves forward, it could inspire other agencies to reduce the pay of industrial hygienists and other occupational and environmental health and safety workers they employ. The likely result of such a scenario would be a weakening of the entire Federal government’s ability to protect workers and their communities from health and safety hazards, as it will likely take longer and become harder to find and hire employees for these critical positions; this action runs counter to the intended outcomes of the consistency review process.”

Useful Resource

Here’s a link to a Federal News Network article about the VA’s proposal: https://federalnewsnetwork.com/pay/2024/04/va-reviewing-4000-employee-positions-at-risk-of-downgrade-in-pay-scale/

Here is the coalition letter we signed.

EPA Publishes Compliance Guide for Final Methylene Chloride Risk Management Rule

On July 10, 2024, the U.S. Environmental Protection Agency (EPA) published a compliance guide for its final methylene chloride risk management rule…  Read More

Hazardous Materials: Notice of Applications for New Special Permits

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein… Read More

Attention Transporters of Hazardous Materials: PHMSA Proposes Registration Fee Updates

In order to account for increased transport of hazardous materials as well as the burdens such transport places on first responders, PHMSA proposes overdue updates to the registration fees… Read More

National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors Malfunction and Electronic Reporting Amendments

Deadline: September 9, 2024

The Environmental Protection Agency (EPA) is proposing to amend the National Emission Standards for Hazardous Air Pollutants (NESHAP) from Hazardous Waste Combustors (HWC) to remove the exemptions and revise other provisions associated with emission standard exemptions… Read More

Hazardous Materials: Harmonization With International Standards – IHMM Comments Filed 7/31/2023

PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.

FR Citation: 88 FR 34568

Read the NPRM here

Published 5/30 comments by 7/31

Docket No. PHMSA-2021-0092 (HM-215Q)

Read IHMM’s Comments on this proposed rule here.

PHMSA Seeks Comment on Initiatives to Modernize the HMR

More Federal Recognition for the CSHM, CSMP, CHMM, and CHMP – IHMM Comments to OSHA Voluntary Protection Program [VPP]

OSHA’s Voluntary Protection Programs (VPP) was initiated in 1982 to recognize workplaces with exceptional safety and health management. VPP was groundbreaking, being among the first programs to employ a management system structure emphasizing management leadership, worker participation, robust hazard identification and control, and training. In the intervening 40+ years, the program has grown to include a wide variety of organizations in many industries. Much has been learned about safety and health management since the VPP requirements were last updated in 1989. OSHA published its Recommended Practices for Safety and Health Programs in 2016 and consensus standards have been published at both the national (ANSI Z10-2019) and international level (ISO 45001-2018).

OSHA is seeking public input as it considers updating its Voluntary Protection Program (VPP); to expand participation and increase Safety and Health Management System (SHMS) adoption.

IHMM has drafted comments for the OSHA VPP proceeding, focused on the CSHM, CSMP, CHMM, and CHMP, which we intend on submitting by the end of May. If you have any comments on the IHMM submission please send them to Gene Guilford at [email protected]

• Read IHMM’s OSHA VPP submission here.

• Memorandum Opening Docket to Allow for the Submission of Documents and Comments on OSHA’s Voluntary Protection Program (VPP)

• Modernizing OSHA’s Voluntary Protection Programs: VPP Public Notice Questions

Transport Canada Has Begun Rolling Out Its ‘TDG Online’ Platform

Transport Canada has begun rolling out its ‘TDG Online’ platform, which will act as a web portal for everything to do with the transport of dangerous goods… Read More

U.S. Army Corps of Engineers Recognizes IHMM CSHM

The U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual (EM 385-1-1) is the gold standard for Safety and Occupational Health regulations. The manual holds a long history dating back to 1941 and is designed to facilitate the standardization of all safety programs. The EM 385-1-1 prescribes the safety and health requirements for all Corps of Engineers activities and operations. The USACE is soliciting comments on the proposed revisions to EM 385-1-1. USACE intends to update the manual and periodically thereafter, to reflect such public input, experience, and innovation. The agency will address significant comments received in the next revision of this manual.

USACE EM 385-1-1 is undergoing revisions and recognizes the IHMM Certified Safety and Health Manager [CSHM] credential.

IHMM is submitting comments to the proposed revisions to the EM 385-1-1 to also include the CSMP and CHMM credentials. Comments are due by June 13, 2022 and you will find IHMM’s comments here.

U.S. Small Business Administration Recognizes the IHMM CHMM

SBA’s environmental policies and procedures apply to all SBA Lenders on all 7(a) and 504 loan programs, except where otherwise indicated. For 7(a) loans, failure to comply with the provisions of this paragraph may result in a denial of SBA’s guaranty. Prudent lending practices may dictate additional Environmental Investigations or safeguards. These policies are embodied in SBA SOP 50 10 6, Lender and Development Company Loan Program.

Appendix 4 of the SBA SOP requires that an “Environmental Professional,” as defined by 40 CFR §312.10, perform the Phase 1 or Phase II environmental assessments that may be required prior to closing an SBA-backed loan.

As everyone knows, the “Environmental Professional” definition under 40 CFR §312.10 includes the IHMM CHMM.

OSHA Seeks Feedback on Effectiveness of Leading Indicators to Improve, Develop Resource Tool

The U.S. Department of Labor’s Occupational Safety and Health Administration is asking for stakeholder input on their current use of leading indicators and their impact on managing their safety and health management systems. Leading indicators are proactive and preventive measures that can provide insight on the effectiveness of safety and health activities and reveal potential problems. They are vital in reducing worker fatalities, injuries, illnesses, and financial impacts.

As OSHA considers developing a Leading Indicators Resource, the agency welcomes stakeholders to share their experience and expertise and provide detailed feedback on how/where they are used at their workplace. OSHA is interested in various perspectives on stakeholders’ answers to questions, such as the following:

• What leading indicators do you use?
• What lagging indicators do you use (OSHA incident rates, for example)?
• What leading indicators are, or could be, commonly used in your industry?
• What metrics do you share with top management?
• How do you determine the effectiveness of your leading indicators?
• Do you link your leading indicators to outcome data, such as OSHA incident rates to evaluate results?
• How could employers be encouraged to use leading indicators in addition to lagging indicators to improve safety management systems?
• What barriers and challenges, if any, have you encountered to using leading indicators?

Individuals may submit comments at regulations.gov by July 17, 2023, which is the Federal eRulemaking Portal, identified by docket number OSHA-2023-0006. For more information, see the OSHA Trade Release.

PHMSA Requests Feedback on Recycled Plastics Policy

• IHMM submitted comments on OSHA Advisory Committee on Construction Safety and Health (ACCSH): Notice of Meetings concerning OSHA-2024-0002-0007, and highlighted the creation of IHMM’s Certified Pandemic Preparedness Specialist [CPPS] credential.

• 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 proposed including the CHMM, CSHM, and CSMP.

IHMM State Issues – Pending and Completed Actions

In this section you will find the state issues on which IHMM has interests and are pending or completed actions.

The Maine Department of Environmental Protection (MDEP) announced on August 5, 2024, that its Per- and Polyfluoroalkyl Substances (PFAS) in Products Program has developed new concept draft language to implement the recently amended Title 38, Section 1614, the section addressing PFAS in products. MDEP has made the concept draft language available for an informal outreach process until August 30, 2024.  Read More

• 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.

Ohio EPA – Hazardous Waste Program Proposed Rules

May 3, 2023  – 10.30 am – 11.00 am

Organic Air Emissions and Definition of Solid Waste Rules: On March 27, 2023, the director of Ohio Environmental Protection Agency, under the authority of Section 119.03 of the Ohio Revised Code and in accordance with Chapter 119, proposed to original file 173 rules as a part of the Organic Air Emissions and Definition of Solid Waste (OrgAirDSW) rules package. A public hearing on this proposed rulemaking will be held in-person on Wednesday, May 3, 2023, at 50 W. Town Street, Suite 700, Conference Room A (Autumn), at 10:30am.

The hearing will also be held virtually at the same date and time. Advance registration for this hearing may be completed here:
https://attendee.gotowebinar.com/register/5706686780059016797

Any persons intending to give public testimony at said hearing should notify the Ohio EPA Public Interest Center [P.O. Box 1049, Columbus, Ohio 43216-1049, (614) 644-2160]. Written testimony may be either be submitted ahead of the hearing to the below address, electronically to Kit Arthur or Madison Graham, or to the Hearing Officer at the public hearing.

Read more >>  https://epa.ohio.gov/about/media-center/events/public-hearing-HazWasteRules

IHMM thanks our friends at Central Ohio CHMM (COCHMM) for sending this to us.