IHMM Government Affairs2025-10-31T21:11:00+00:00

 IHMM Government Affairs

Advocacy seeks to ensure that all people in society are able to have their voices heard on issues that are important to them.
Our advocacy seeks to protect and promote our rights as citizens. Advocacy ensures that we have our views
and wishes genuinely considered when decisions are being made about our lives.

Learn About IHMM’s Participation in Coalitions Here

Table of Contents

IHMM is a member of a number of coalitions to add strength and depth of expertise to our work. Below are the coalitions of which IHMM is a member.

   1. American Society of Association Executives [ASAE] Advocacy Council

ASAE tracks a wide range of legislative, regulatory, and legal issues, looking at policy matters in terms of their potential impact on associations. This work is guided by the ASAE Advocacy Council. IHMM’s Executive Director, Eugene A. Guilford, CAE, is a member of the Council

The ASAE Advocacy Council is found here. 

    2. IHMM Joins Community Impact Coalition in Washington

With Congress beginning to work on tax legislation in 2025, ASAE has launched the Community Impact Coalition — a unified initiative dedicated to educating the 119th Congress about the social and economic benefits of associations, charities, and other tax-exempt organizations. IHMM is a member of the Steering Committee of the Coalition.

The Community Impact Coalition is a national group of 99 organizations formed this year to represent the non-profit community in light of unprecedented attempts to find new sources of federal revenue to finance tax reform.

The Community Impact Coalition is committed to ensuring that lawmakers understand the value of 501(c) organizations and advocating against proposals that would eliminate their tax-exempt status. A wide range of trade associations, charities, and professional societies support the Community Impact Coalition, among them the Institute of Hazardous Materials Management [IHMM].

Here is a fact sheet on the Community Impact Coalition

CIC’s website is here

    3. The Workplace EHS Coalition (formerly known as the Intersociety Forum) 

WEHSC is a coalition of organizations, including ASSP, dedicated to safeguarding worker safety and health and promoting the fact that 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. The Workplace EHS Coalition urges 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.

The coalition has identified three key principles that reflect our shared commitment to protecting workers, advancing operational excellence, and promoting a sustainable, thriving workforce. By working together to demonstrate these values and pursue these goals, we can help businesses realize the value of safety as a driver of competitiveness, economic growth, and sustained operational success.

The letters you see under the “IHMM – Coalition Letters” below are representative of the work of this group of organizations.

   4. Professional Certification Coalition

The Professional Certification Coalition engages in state and federal advocacy, analysis, and thought leadership on legislation affecting non-governmental certification organizations and those who hold or rely on those credentials, including regulators, employers, and the public.

PCC is found here.

   5.  Tomorrow’s Workforce Coalition

The Tomorrow’s Workforce Coalition advocates for beneficial workforce development policy that would strengthen the economy now and into the future.

The Coalition supports the bipartisan, bicameral Freedom to Invest in Tomorrow’s Workforce Act (H.R. 1151/S. 756), which 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.

TWC is found here.

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.

  1. Environmental Protection Agency Issues its Spring 2025 Regulatory Agenda – Read more here
  2. Department of Transportation Issues Spring 2025 Regulatory  Agenda – Read more here
  3. Department of Labor Issues its Spring 2025 Regulatory Agenda – Read more here

  1. OSHA – Construction Illumination – IHMM Comments Here Filed October 26, 2025
  2. OSHA – Amending the Medical Evaluation Requirements in the Respiratory Protection Standard for Certain Types of Respirators – IHMM Comments Here Filed October 14, 2025
  3. OSHA – Interpretation of the General Duty Clause: Limitation for Inherently Risky Professional Activities  – IHMM Comments Here Filed October 14, 2025
  4. DOT – Hazardous Materials: Remove Redundant List of U.S. EPA CERCLA Hazardous Substances – IHMM Comments Filed August 28, 2025
  5. DOT – National Freight Strategic Plan 2025 Update: Request for Information – IHMM Comments Filed August 14, 2025
  6. PHMSA –  PHMSA’s ANPRM: Mandatory Regulatory Reviews – IHMM Comments Here Submitted August 1, 2025
  7. US DOT Regulatory Information Request –IHMM Comments Here Filed May 5, 2025
  8. OSHA Proposed Heat Rule – IHMM Comments Here Filed January 13, 2025
  9. OMB Review; Comment Request; Methylene Chloride Standard – IHMM Comments Here Filed December 13, 2024
  10. OSHA – OSHA Voluntary Protection Program [VPP] – IHMM’s Comments Here Filed April 14, 2023.
  11. PHMSA – Hazardous Materials: Harmonization With International Standards – IHMM’s Comments Here Filed July 13, 2023

1. EPA – Reconsideration of the Greenhouse Gas Reporting Program

Deadline: November 3, 2025

Federal Register

SUMMARY:

The U.S. Environmental Protection Agency (EPA) is proposing to amend the Greenhouse Gas Reporting Program (GHGRP) to remove program obligations for most source categories, including the distribution segment of the petroleum and natural gas systems source category (subpart W—Petroleum and Natural Gas Systems), and suspend program obligations for the remaining subpart W segments until reporting year 2034.

DATES:

Comments. Comments must be received on or before November 3, 2025. Comments on the information collection provisions submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) are best assured of consideration by OMB if OMB receives a copy of your comments on or before October 16, 2025.

Public hearing. The EPA will conduct a virtual public hearing on October 1, 2025. See SUPPLEMENTARY INFORMATION for information on registering for the virtual public hearing.

ADDRESSES:

You may send comments, identified by Docket Id. No. EPA-HQ-OAR-2025-0186, by any of the following methods:

  • Federal eRulemaking Portal:www.regulations.gov/​ (our preferred method). Follow the online instructions for submitting comments.
  • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Office of Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
  • Hand Delivery or Courier: EPA Docket Center, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m. to 4:30 p.m., Monday-Friday (except Federal Holidays).

2. EPA – National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting Technology Review

Deadline: November 17, 2025

Federal Register

The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Secondary Lead Smelting source category (“Secondary Lead Smelting NESHAP”) under Clean Air Act (CAA) section 112. The EPA did not identify any cost-effective developments in practices, processes, and/or control technologies and is not proposing changes to the Secondary Lead Smelting NESHAP as a result of the technology review. The EPA is proposing to address previously unregulated hazardous air pollutants (HAP) from this source category. We are also addressing outstanding petition issues from the 2012 Secondary Lead Smelting (RTR), hereafter referred to as the 2012 RTR. In response to the petitions, we are taking comment on our conclusion in the 2012 RTR that the Secondary Lead Smelting NESHAP provides an ample margin of safety to protect public health and on two additional provisions. In addition, the EPA is proposing revisions related to emissions during periods of startup, shutdown, and malfunction; to add requirements for electronic reporting; to revise monitoring requirements; and to make other minor technical revisions.

DATES:

Comments must be received on or before November 17, 2025. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before October 31, 2025.

Public hearing: If anyone contacts us requesting a public hearing on or before October 6, 2025, we will hold a virtual public hearing. See SUPPLEMENTARY INFORMATION for information on requesting and registering for a public hearing.

ADDRESSES:

You may send comments, identified by Docket ID No. EPA-HQ-OAR-2025-0078, by any of the following methods:

Tomorrow’s Workforce Coalition Legislation Signed Into Law

After modifications in the Senate to win over Sen. Murkowski (R-AK) and the removal of a few provisions deemed invalid by the Parliamentarian, the Senate passed their version of H.R. 1: To provide for reconciliation pursuant to title II of H. Con. Res. 14 on Tuesday, July 1, 2025. The House then passed the Senate-amended version of HR 1 on Thursday, July 3, 2025.

The President signed that legislation into law on Friday, July 4, 2025.

Here is a link to the legislation and a breakdown of each section in the bill.

Last December 2024, we had two objectives in becoming a part of the Tomorrow’s Workforce Coalition and the Community Impact Coalition.

  • Pass HR 1151 and S 756 concerning the modification of the permissible uses of IRS 529 plans, allowing for them to be used for certain expenses relating to certification expenses; and
  • Prevent Congress from expanding federal taxes on non-profit corporations.

We achieved both objectives.

We had the opportunity to have HR 1151 and S 756 language incorporated into HR 1; we took that opportunity as it appeared HR 1 was going to pass, which it did. Having passed HR 1, we no longer need HR 1151 and S 756.

HR 1 Section 110111 contains the language we sought [page 800]

Next Steps

  1. Tomorrow’s Workforce Coalition will work with the IRS regulations that will be promulgated pursuant to this change in the 529 statute.
  2. Community Impact Coalition should cease to exist as the objective for which it was created has been achieved.

H.R. 1151 has 195 co-sponsors in the House. S 756 has 16 co-sponsors in the Senate.

TWC Legislation HR1151/S756 Fact Sheet

H.R. 1151 / S 756 / Coalition Roster

What Is a “529” Plan and How Does It Work?

On July 4, 2025, President Trump signed into law legislation created by the Tomorrow’s Workforce Coalition, of which IHMM is a part, that expands the permissible uses of an IRS 529 plan to include certain expenses relating to acquiring and maintaining a professional certification.

An IRS 529 plan is a tax-advantaged savings vehicle designed to encourage saving for future education costs. Named after Section 529 of the Internal Revenue Code, these plans are administered by states or educational institutions and offer tax benefits to the contributor and beneficiary when used for qualified education expenses.

Learn more here

IHMM Federal Issues – Completed Actions

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

EPA Proposes to Rescind the Endangerment Finding

Deadline: September 15, 2025

The Environmental Protection Agency (EPA) released a notification of public hearing and proposed rule that would rescind the 2009 endangerment finding, which allowed the EPA to regulate greenhouse gas (GHG) emissions on the basis of threats to public health. The agency notes that in initially issuing the finding, the EPA unreasonably evaluated the scientific record. If rescinded, the EPA would no longer be able to set GHG emission standards. Comments due September 15.

In this action, the U.S. Environmental Protection Agency (EPA) is proposing to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines to effectuate the best reading of Clean Air Act (CAA) section 202(a). We propose that CAA section 202(a) does not authorize the EPA to prescribe emission standards to address global climate change concerns and, on that basis, propose to rescind the Administrator’s prior findings in 2009 that GHG emissions from new motor vehicles and engines contribute to air pollution which may endanger public health or welfare. We further propose, in the alternative, to rescind the Administrator’s prior findings in 2009 because the EPA unreasonably analyzed the scientific record and because developments cast significant doubt on the reliability of the findings. Lastly, we propose to repeal all GHG emission standards on the alternative bases that no requisite technology for vehicle and engine emission control can address the global climate change concerns identified in the findings without risking greater harms to public health and welfare.

DATES:

Comments. Comments must be received on or before September 15, 2025. Comments on the information collection provisions submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) are best assured of consideration by OMB if OMB receives a copy of your comments on or before September 2, 2025.

Federal Register

Hazardous Materials Deregulatory NPRMs

Deadline: September 2, 2025

On July 1, 2025, PHMSA published 17 new Notice of Proposed Rulemaking (NPRM) documents in the Federal Register. These NPRMs are part of a DOT-led effort to eliminate outdated, unnecessary, and overly burdensome regulatory requirements within the Hazardous Materials Regulations (HMR). The comment period for these NPRMs closes on September 2, 2025. This list of NPRMs includes:

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

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 Reopens Comment Period On Proposed Risk Management Rule For PV29

Deadline: April 29, 2025

On March 4, 2025, EPA announced that it is reopening the comment period for the January 2025 proposed rule to address the unreasonable risk of injury to human health presented by the Color Index (C.I.) Pigment Violet 29 (PV29) under its conditions of use (COU) as documented in EPA’s January 2021 risk evaluation and September 2022 revised risk determination.

Federal Register

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.

EPA Extends Comment Periods For Notices Concerning PFAS

Deadline: April 16 and 25, 2025

On February 21, 2025, EPA extended the comment period on the following notices:

  • Draft National Recommended Ambient Water Quality Criteria for the Protection of Human Health for Perfluorooctanoic Acid, Perfluorooctane Sulfonic Acid, and Perfluorobutane Sulfonic Acid, 89 Fed. Reg. 105041. EPA announced the availability of draft Clean Water Act (CWA) national recommended ambient water quality criteria (AWQC) for the protection of human health for three PFAS for a 60-day public comment period. EPA states that it developed these draft PFAS national recommended human health criteria (HHC) to reflect the latest scientific information, consistent with current EPA guidance, methods, and longstanding practice. Comments are due April 25, 2025.
  • Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS), 90 Fed. Reg. 3859. As reported in our January 14, 2025, according to EPA, the findings show that there may be human health risks associated with exposure to PFOA or PFOS with all three methods of using or disposing of sewage sludge — land application of biosolids, surface disposal in landfills, or incineration. Comments are due April 16, 2025.

Federal Register

EPA Releases Draft Scope Document for Vinyl Chloride TSCA Risk Evaluation

Deadline: March 3, 2025

On January 16, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on the draft scope of the risk evaluation to be conducted under the Toxic Substances Control Act (TSCA) for vinyl chloride. 90 Fed. Reg. 4738. EPA notes that under TSCA, the scope documents must include the conditions of use (COU), hazards, exposures, and the potentially exposed or susceptible subpopulations (PESS) that EPA expects to consider in conducting its risk evaluation. EPA states that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the COUs, including unreasonable risk to PESS identified as relevant to the risk evaluation by EPA, and without consideration of costs or non-risk factors. Comments are due March 3, 2025.  For more information, please read our full memorandum.

Read more here

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

Deadline: February 28, 2025

On January 14, 2025, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to address the unreasonable risk of injury to human health presented by Color Index (C.I.) Pigment Violet 29 (PV29) under its conditions of use (COU) as documented in EPA’s January 2021 risk evaluation and September 2022 revised risk determination. 90 Fed. Reg. 3107. The proposed rule states that the Toxic Substances Control Act (TSCA) requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. To address the identified unreasonable risk, EPA proposes requirements to protect workers during manufacturing and processing, certain industrial and commercial uses of PV29, and disposal, while also allowing for a reasonable transition period prior to enforcement of said requirements. Comments are due February 28, 2025. EPA notes that under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives comments on or before February 13, 2025. For more information, please read our full memorandum.

Read more here

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 27th, 2025. See the details of this NPRM and find out how to comment here.

Federal Register Here

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

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).

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

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

Deadline: December 9, 2024

The Environmental Protection Agency (EPA) is proposing to add 16 individually listed per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act. EPA also addresses how PFAS categories should be treated and discusses what events may trigger the automatic addition of a PFAS to the TRI. Comments due December 9.

The Environmental Protection Agency (EPA) is proposing to add 16 individually listed per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) to comply with the National Defense Authorization Act for Fiscal Year 2020 (NDAA). EPA also addresses how PFAS categories should be treated. Separately, EPA discusses what events may trigger the automatic addition of a PFAS to the TRI pursuant to the NDAA. This discussion does not propose to list chemicals to TRI pursuant to the NDAA, but rather describes what EPA documents and activities involving PFAS would trigger an automatic addition under the NDAA.

DATES:

Comments must be received on or before December 9, 2024. Comments on the information collection provisions submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) are best assured of consideration by OMB if OMB receives a copy of your comments on or before November 7, 2024.

ADDRESSES:

Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2023-0538, through https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/​dockets.

Federal Register

Canada Begins Public Consultations on Initiatives Supporting CEPA Amendments

Deadline: December 4, 2024

On October 5, 2024, Canada released three significant documents that move it closer to implementing the 2023 amendments to the Canadian Environmental Protection Act, 1999 (CEPA). The 2023 legislation, Strengthening Environmental Protection for a Healthier Canada Act (Bill S-5), requires that decisions made under CEPA respect the right to a healthy environment. Canada has released a draft implementation framework setting out how the Minister of the Environment and the Minister of Health (the ministers) will consider the right in administering CEPA.

Read more here.

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

Deadline: November 29, 2024

On September 30, 2024, the U.S. Environmental Protection Agency (EPA) requested public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 79581. EPA notes that this request for comment follows its grant on July 10, 2024, of a TSCA Section 21 petition requesting that EPA establish regulations under TSCA Section 6 prohibiting the manufacturing, processing, use, distribution in commerce, and disposal of PFOA, PFNA, and PFDA formed during the fluorination of plastic containers. Comments are due November 29, 2024. This is a unique situation because it is unclear whether EPA has the authority under TSCA Section 6 to move straight to rulemaking, given the available fact set. For more information and our insightful Commentary, please read the full memorandum.

Read more here.

Federal Register

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

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)

Deadline: December 9, 2024

The Environmental Protection Agency (EPA) is proposing to add 16 individually listed per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act. EPA also addresses how PFAS categories should be treated and discusses what events may trigger the automatic addition of a PFAS to the TRI. Comments due December 9.

The Environmental Protection Agency (EPA) is proposing to add 16 individually listed per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) to comply with the National Defense Authorization Act for Fiscal Year 2020 (NDAA). EPA also addresses how PFAS categories should be treated. Separately, EPA discusses what events may trigger the automatic addition of a PFAS to the TRI pursuant to the NDAA. This discussion does not propose to list chemicals to TRI pursuant to the NDAA, but rather describes what EPA documents and activities involving PFAS would trigger an automatic addition under the NDAA.

DATES:

Comments must be received on or before December 9, 2024. Comments on the information collection provisions submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) are best assured of consideration by OMB if OMB receives a copy of your comments on or before November 7, 2024.

ADDRESSES:

Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2023-0538, through https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/​dockets.

Federal Register

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

Deadline: November 29, 2024

On September 30, 2024, the U.S. Environmental Protection Agency (EPA) requested public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 79581. EPA notes that this request for comment follows its grant on July 10, 2024, of a TSCA Section 21 petition requesting that EPA establish regulations under TSCA Section 6 prohibiting the manufacturing, processing, use, distribution in commerce, and disposal of PFOA, PFNA, and PFDA formed during the fluorination of plastic containers. Comments are due November 29, 2024. This is a unique situation because it is unclear whether EPA has the authority under TSCA Section 6 to move straight to rulemaking, given the available fact set. For more information and our insightful Commentary, please read the full memorandum.

Read more here.

Federal Register

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
The U.S. Environmental Protection Agency (EPA) announced on July 25, 2024, that it is proposing to designate acetaldehyde, acrylonitrile, benzenamine, vinyl chloride, and 4,4-methylene bis(2-chloroaniline) (MBOCA) as high-priority substances… Read More

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

On July 5, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an advance notice of proposed rulemaking (ANPRM) to solicit stakeholder feedback on initiatives PHMSA is considering that may modernize the Hazardous Materials Regulations (HMR) and improve efficiencies while maintaining or improving a current high level of safety. 88 Fed. Reg. 43016. To engage fully with stakeholders, the ANPRM solicits comments and input on questions related to 46 distinct topics under consideration. PHMSA states that it will use any comments, data, and information received “to evaluate and potentially draft proposed amendments.”

Comments are due October 3, 2023. PHMSA notes that it “will consider late-filed comments to the extent possible.” This memorandum provides more information on several of the topics under consideration: non-bulk packaging, intermediate bulk container (IBC), and large packaging periodic retest extension; aerosol classification alignment; requirements for damaged, defective, or recalled lithium cells and batteries; and 49 C.F.R. Section 173.150 ethyl alcohol exception. It includes highlights of PHMSA’s questions on these topics. Stakeholders should review the notice for the complete list of questions as well as the other topics addressed by the notice. For more information, please read the full memorandum.

Read more >> https://www.lawbc.com/regulatory-developments/entry/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]

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

On April 14, 2023, the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a request for feedback on its recycled plastics policy. 88 Fed. Reg. 23140. PHMSA states that it published the notice to solicit information pertaining to how the potential use of recycled plastic resins in the manufacturing of specification packagings may affect hazardous materials transportation safety; ensure transparency of its current policy pertaining to the use of recycled plastics in the manufacturing of specification packagings; seek input on this policy to inform better potential regulatory changes; and gather information for the evaluation of future approval requests and to inform better decisions pertaining to potential regulatory revisions and other related work. Comments are due July 13, 2023. PHMSA notes that in conjunction with the notice, it is considering conducting a webinar to inform the public of its recycled plastics policy if there is sufficient feedback. PHMSA will post information regarding any future webinars on its website. For more information, please read the full memorandum.

Read more >> https://www.lawbc.com/regulatory-developments/entry/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.

Maine Seeks Comments on Concept Draft Language for PFAS in Products Rule

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.

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

Accomplishments for 2025

In this section, we will highlight the overall activities undertaken by the committee.

Coalitions – Worked on and signed 6 coalition letters with the Intersociety Forum, AIHA, ASSP, NSC, and SWANA

Comments Filed

  • Filed comments on Hazardous Materials: Remove Redundant List of U.S. EPA CERCLA Hazardous Substances
  • Filed comments on National Freight Strategic Plan 2025 Update: Request for Information
  • Filed comments on PHMSA’s ANPRM: Mandatory Regulatory Reviews – IHMM Comments Filed 8-1-2025
  • Filed comments on IHMM Files Comments – US DOT Regulatory Information Request
  • Filed comments on IHMM Submits Comments on the OSHA Proposed Heat Rule

Collecting Comments

  • Collecting comments on USDOL – OSHA – Amending the Medical Evaluation Requirements in the Respiratory Protection Standard for Certain Types of Respirators
  • Collecting comments on USDOL – OSHA – Interpretation of the General Duty Clause: Limitation for Inherently Risky Professional Activities 
  • Collecting comments on USDOL – OSHA – Rescission of Coordinated Enforcement Regulations
  • Collecting comments on USDOL – OSHA  – Construction Illumination Standards

Reports and Communications

  • Reviewed and presented Hazardous Materials Deregulatory NPRMs
  • Presented decision memo on EPA Proposes to Rescind the Endangerment Finding
  • As a member of the steering committee of Tomorrow’s Workforce Coalition, Tomorrow’s Workforce Coalition Legislation Signed Into Law
  • Authored What Is a “529” Plan – How Does It Work – Why IHMM Certificants Benefit
  • As a member of the steering committee of the Community Impact Coalition, we worked to prevent Congress from raising taxes on non-profits
  • Reported on EPA Extends Comment Period On Draft TSCA Risk Evaluation For DCHP
  • Working with the Professional Certification Coalition 2024 Accomplishments and 2025 Priorities
  • Reported on NPRM: Advancing Safety of Highway, Rail, and Vessel Transportation
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