IHMM Today February 28, 2023

IHMM Initiates New York State Rulemaking

NTSB – Norfolk Southern Railway Train Derailment with Subsequent Hazardous Material Release and Fires

EPA Restores Threshold Finding Underlying Power Plant Air Toxics Limits

EPA has issued its final rule restoring the agency’s finding that it is “appropriate and necessary” (A&N) to regulate power plants’ air toxics, which forms the legal basis of the 2012 mercury and air toxics standards (MATS) for the sector, bolstering both the existing MATS rule and EPA’s forthcoming proposal to possibly tighten the standards.

“For years, Mercury and Air Toxics Standards have protected the health of American communities nationwide, especially children, low-income communities, and communities of color who often and unjustly live near power plants,” said EPA Administrator Michael Regan, announcing the rule Feb. 17.

Regan signed the rule Feb. 15, and EPA will publish it in the Federal Register soon, starting a 60-day clock for potential litigants to sue over it.

“This finding ensures the continuation of these critical, life-saving protections while advancing President Biden’s commitment to making science-based decisions and protecting the health and wellbeing of all people and all communities,” Regan added.

The rule restores a finding that the Trump administration scrapped when it rescinded the Obama EPA’s A&N finding in 2020, deciding that it did not comply with a 2015 Supreme Court directive for the agency to consider costs.

The high court’s ruling reversed an Obama EPA decision that it need not consider compliance costs in the finding at all, only addressing costs in MATS itself. But the Obama EPA in 2016 modified its earlier version of the finding to comply with the 2015 high court decision in Michigan v. EPA, introducing some evaluation of costs, based in part on the original cost-benefit analysis for the 2012 MATS rule.

–Inside EPA

Creating the Water Workforce of the Future:

Webinar Series

It Really Matters: Ensuring Diversity, Equity, and Inclusion in the Water Workforce 

March 21, 2023

2:00 p.m. – 3:30 p.m. Eastern Time

Register Here

More than ever, today’s water sector must focus on recruiting and retaining a truly diverse set of talented individuals and ensuring equity in the workspace they will inhabit. Diversity, Equity, and Inclusion are not just words on paper – they are an essential part of any organization in the 21^st century. This webinar will focus on efforts by one of the nation’s leading utilities in Louisville, Kentucky to embrace these attributes followed by a presentation on an innovative program by the Water Environment Federation (WEF) to increase the number of talented individuals from minority institutions that seek and embrace a career in water.

This webinar is part of an ongoing webinar series hosted by EPA, in partnership with leading water sector organizations around the country. More information on this webinar series can be found at 

https://www.epa.gov/sustainable-water-infrastructure/water-sector-workforce-webinars

NPDES BASIC PERMIT WRITERS’ COURSE  

Virtual Guided Learning

March 9 – April 13, 2023

The U.S. EPA is pleased to announce the opening of registration for the the National Pollutant Discharge Elimination System (NPDES) Basic Permit Writers’ Virtual Guided Learning Courses starting on March 9, 2023, with a morning and afternoon session running for five weeks.

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

The 5-week course will begin on Thursday, March 9, 2023. Participants should anticipate a time commitment of approximately 8-10 hours per week and should seek supervisor approval before signing up. The course is scheduled to conclude on April 13th, however a “rain date” of April 18th should be reserved by the participants in case of technical issues.

Each week, participants will have assigned “homework” consisting of NPDES online modules and permit exercises. These modules and exercises will then be discussed in a live virtual classroom setting on Tuesday and Thursday of each week. Participants will have the opportunity to join live office hour discussions with instructors and other participants each Tuesday as well. Participants will be expected to complete some pre-course assignments the week of arch 5th prior to the course start.

As a foundational course, the training does not address in detail specialized topics such as industrial and municipal stormwater, concentrated animal feeding operations, and pesticide discharges. For more information on these specialized topics, please visit EPA’s NPDES website at www.epa.gov/npdes

Course Schedule and Logistics

We are offering two separate sessions, a morning and afternoon, for this course offering. Please see the registration pages for the agendas with dates and times and only register for one of the sessions. Please note that on most Tuesdays, the AM session will meet in the afternoon with the PM session for a combined meeting.

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

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

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

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

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

Routine Methods Update Rule Proposal

On February 21, 2023, EPA announced in the Federal Register that EPA is seeking public comment on a proposed rule that would update its list of approved methods for measuring pollutants in wastewater and waterbodies under the Clean Water Act. Industrial facilities, municipal wastewater treatment plants, and state governments use approved methods to identify the types and amounts of pollutants regulated under the Clean Water Act. This action proposes to add some new methods to Part 136 of Title 40 of the Code of Federal Regulations (CFR) and makes minor editorial or procedural changes to some existing methods that are already promulgated in 40 CFR Part 136. The comment period ends on April 24, 2023.

How does this action help the regulated community?

Often, regulated entities have a choice in deciding which approved method they will use to measure a pollutant because more than one approved method is available under 40 CFR Part 136. This rulemaking would increase flexibility by providing additional methods from which to select. New methods added under the Alternate Test Procedure (ATP) program reflect innovative technologies that are cheaper, faster, or greener than the other approved methods for that same parameter. When final, this rule would impose no regulatory requirements or costs on any person or entity. The use of alternate methods is voluntary.

Where can I find more information?

You can view the Federal Register notice and supporting documents for the proposed rule at http://www.regulations.gov under Docket ID: EPA-HQ-OW-2022-0901. EPA has also provided a link to the Federal Register on the Clean Water Act Analytical Methods website at: https://www.epa.gov/cwa-methods.

Long-chain PFCA restriction kicks in 

The EU-wide restriction of certain perfluorocarboxylic acids (C9-C14 PFCAs) – a subgroup of per- and polyfluoroalkyl substances (PFAS) – starts applying from 25 February onwards. PFCAs cannot be placed on the market or used in most applications after that date. Some uses have been granted longer transition periods.

The restriction will reduce or prevent exposure of people and the environment to PFCAs and avoid the regrettable substitution of PFOA, which has been globally banned since July 2020. It is in line with the EU’s aspirations to phase out all non-essential uses of PFAS under the Chemicals Strategy for Sustainability.

Canadian authorities have also proposed to list long-chain PFCAs as persistent organic pollutants (POPs) under the Stockholm Convention.

Commission Regulation | Topical page on PFASs

2023 National Safety Stand Down to Prevent Falls in Construction

As recently announced, the 10^th Annual National Safety Stand-Down to Prevent Falls in Construction will occur May 1-5, 2023 and we wanted to alert you to the following tools and resources to assist workplaces in preparing for and participating in the Stand-Down:

• 2023 Stand-Down officially announced:
  • February 15, 2023 OSHA QuickTakes
• Resources for Planning:
  • Suggestions to Prepare for a Successful Stand-Down
  • Resources for Employers and Employees
• NEW Handouts for Workers:
  • Hardhat Stickers and Hazard Alert Cards
• Get Involved:
  • Do you have fall prevention resources in other languages? We would love to include them in our Fall Prevention Resources: Other Languages Page. Please send resources to Jessica Bunting: [email protected]

As a reminder, anyone who wants to prevent hazards in the workplace can participate in the Stand-Down. Companies can conduct a Safety Stand-Down by taking a break to have a toolbox talk or another safety activity such as conducting safety equipment inspections, developing rescue plans, or discussing job specific hazards. See Highlights from the Past Stand-Downs and reports evaluating previous events.

Biden EPA WOTUS Rule Draws Few Suits As Justices Weigh CWA’s Scope

The Biden EPA’s rule defining which “waters of the United States” (WOTUS) are subject to the Clean Water Act (CWA) is so far facing five legal challenges in three separate district courts from Republican-led states and industry groups, a number that is significantly fewer than the Obama version of the rule faced.

But legal experts say such a relatively small number is not surprising given a 2018 Supreme Court ruling that requires such suits to be filed in district courts as well as upcoming high court ruling on the law’s scope.

“The most controversial aspect of the most recent EPA regulation could be conclusively addressed by the [Supreme] Court’s opinion” in its upcoming ruling in Sackett v. EPA, says Jeff Porter, chair of the environmental law practice at Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, a Boston-based firm.

But despite the relatively small number of district courts facing suits over the rule, the litigation still has the potential to block the rule nationwide or create a patchwork of requirements should courts enjoin the rule in some states.

EPA promulgated its new WOTUS rule in late December 2022 and has since faced significant scrutiny from industry and GOP lawmakers who charge that the rule exceeds the agency’s statutory authority under the CWA.

The rule has since been challenged by industry groups and a number of states in separate suits in different federal district courts, all of which characterize the rule as contravening the plain text of the CWA, violating the Administrative Procedure Act (APA), and violating the United States Constitution, including but not limited to the Commerce Clause of Article I, Section 8 and the Due Process Clause.

The challenges call for preliminary injunctions in the plaintiff states — nationwide for the industry suit — and if granted, it could result in a broad patchwork of states across the country that are and are not subject to the Biden rule.

–Inside EPA

EPA Moves To Bar Startup, Shutdown Air Exemptions In Multiple States

EPA is proposing to restore its ban on state exemptions from air regulations for periods of facility startup, shutdown and malfunction (SSM) in Texas, Iowa and North Carolina, but it is also planning to strip newly identified exemptions from five other states’ air quality plans, as the agency moves to implement long-delayed Obama-era policy.

In a proposal slated for publication in the Federal Register Feb. 24, EPA as expected says it will reverse the Trump administration’s decision to exclude Texas, Iowa and North Carolina from the 2015 “SIP Call” rule that required 36 states to remove SSM exemptions from their state implementation plans (SIPs) for Clean Air Act (CAA) compliance.

But the proposal goes further, issuing decisions that would also require other states to remove SSM waivers from their SIPs, and finding a fresh provision in the North Carolina SIP that is incompatible with agency policy.

“This proposed action applies to the states with statewide and/or local provisions relevant to excess emissions that the EPA has determined are impermissible because they are inconsistent with CAA requirements as interpreted by EPA’s SSM Policy,” the proposal says.

“Specifically, the EPA is proposing to issue findings of substantial inadequacy with respect to reinstating the 2015 findings for three states (North Carolina, Texas, and Iowa) and issuing new findings with respect to the specific existing SIP provisions in six states (Maine, Connecticut, North Carolina, Tennessee, Louisiana, and Wisconsin).”

The findings apply to North Carolina at the state level, but they also to local provisions in Buncombe and Mecklenburg counties in the state. In Tennessee, the SIP Call applies to Shelby County.

EPA will take public comment on the plan for 60 days, until April 24.

–Inside EPA

EPA Releases Draft Documents Outlining TSCA ‘Cumulative Risk’ Plans

EPA has released for public comment and peer review a pair of scientific documents detailing how it intends to assess cumulative risks from overlapping chemical exposures under TSCA, both generally and in the ongoing evaluations of certain phthalates, with potential “qualitative” consideration of risks from non-chemical factors like poverty.

On Feb. 24, the agency posted on its website both “Draft Proposed Principles of Cumulative Risk Assessment [CRA] under the Toxic Substances Control Act” (TSCA), and the companion draft CRA approach for the set of phthalates ahead of a 60-day public comment period that will begin on Feb. 27.

Consideration of cumulative risks is a top priority for EPA’s efforts to address environmental justice concerns as disadvantaged communities often face a host of pollutants in multiple media and from a range of different sources — which often overlap with the adverse effects of poverty and other socio-economic factors.

However, EPA emphasizes in that the principles document is not intended to be a “framework nor a guidance document on the process for conducting CRAs; rather, it focuses on principles of CRA for chemical substances,” and outlines a limited approach to assessing those socio-economic risks.

It says the agency “primarily” intends to use the definition of CRA developed by its Risk Assessment Forum in 2003: “an analysis, characterization, and possible quantification of the combined risks to health and/or the environment from multiple agents and/or stressors.”

Moreover, it takes a limited view of those “agents and/or stressors,” saying it is unable to quantify risks from non-chemical factors such as racism or poverty despite environmentalists’ calls for EPA to use CRA to consider those dangers along with chemical exposures.

–Inside EPA

OSHA’s Safe + Sound Campaign is a nationwide opportunity to raise awareness and understanding of the value of proactive occupational safety and health (OSH) programs in all workplaces. Look for the 2023 Safe+Sound program in August this year.

Safe + Sound emphasizes the need for safety programs at small- and mid-sized businesses, which are more likely to have limited resources dedicated to safety. As you know, effective OSH programs can help organizations identify and manage workplace risk before they cause injury or illness, improving sustainability and the bottom line. Safety and health management systems are a critical best practice to ensure that OSH programs achieve significant results and lower risk exposure.

Earn a Challenge Coin

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

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

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

Your Partner Punch List

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

• Promote the Speak Up for Safety Challenge to your stakeholders

Sponsored Content

A Collaborative Culture

There are 875 different conversations going on in the IHMM/HMS Collaboration platform this week.

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

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

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

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

Columbia Southern University

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

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

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

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