IHMM Today January 30, 2024

INSIDE IHMM

IHMM and EPA Collaborate on the Continuing Challenge Hazmat Workshop

The Continuing Challenge is the oldest hazmat training workshop by responders by responders and we are entering our 35^th year.  The 2024 event is from September 3-5, 2024 in Sacramento, California.

We are currently looking for instructors for the 2024 workshop in all things hazmat including:

Planning/SARA Title III;

Mental Health for First Responders;

Drug Labs, Incident Command System and Response Management;

WMD/Explosives;

General Hazmat Response;

HAZWOPER;

Chemistry;

Oil Spills;

Hazmat Firefighting, Risk-Exposure Assessment;

Legal Issues for First Responders;

Media and Community Relations;

Radiation Response and Cleanup;

Air Monitoring and Sampling; Sampling; and

Lithium Ion Battery and Other Alternative Fuels Response.

Our students are hazmat team members from local, state, tribal, Federal and International fire and health departments as well as private industry.

Everyone can get more information at Hazmat.org.

Each seminar typically ranges from 2 hours to 8 hours in length. If you are interested in presenting at the Continuing Challenge then let us know by sending an email to [email protected] with a title, name of the program above, and a short description of the material you would like to deliver. Deadline for submissions so we can get them to EPA is February 1, 2024.

A Collaborative Culture

There are 1,204 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]

IHMM Proposes Changes in Government Recognition of Credentials

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

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

Beltway Buzz, Ogletree Deakins

Tax Package/ERC Update. For what seems like the first time in a long time, the U.S. Congress this week was focused on something other than federal government funding. Republican leaders in the U.S. House of Representatives have teed up the “Tax Relief for American Families and Workers Act of 2024” (H.R. 7024) for a vote on the floor next week (where Democrats will be needed to vote ‘yea’ for the bill to pass). The approximately $80 billion package includes many pro-growth economic provisions, such as deductibility of research and development expenses, but it would also quickly end the CARES Act Employee Retention Credit (ERC) program. While many proponents are hoping for quick passage of the bipartisan bill in time for tax season, the path in the U.S. Senate is unclear. Business groups such as the U.S. Chamber of Commerce support passage of the bill.

BLS: Union Membership Continues to Decline. According to data released this week by the U.S. Bureau of Labor Statistics (BLS), the percentage of workers who were union members in 2023 was 10 percent. This number reflects a slight decline from 10.1 percent in 2022, and it represents a new record low. The 2023 private-sector unionization rate remained steady at 6 percent. Thus, despite overt support for unions from the White House, as well as policy changes at the National Labor Relations Board and U.S. Department of Labor that benefit labor unions, most workplaces remain nonunion.

Stateside Visa Renewal Pilot Begins. The U.S. Department of State’s stateside visa renewal pilot program is scheduled to open at noon on January 29, 2024. Ahead of the launch, employers may preload DS-160 applications via the Consular Electronic Application Center. Further, the State Department has issued a frequently asked questions page regarding the program.

USCIS Guidance on Untimely Extensions of Stay. On January 24, 2024, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to clarify the circumstances when USCIS may “in its discretion, excuse untimely filed extensions of stay and change of status requests.” Pursuant to these changes, untimely requests may be excused if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner. “Extraordinary circumstances” include a “slowdown or stoppage of work involving a strike, lockout, or other labor dispute” or when a certified labor condition application or temporary labor certification cannot be obtained “due to a lapse in government funding supporting those adjudications.” The policy change stems from a recommendation in an October 2023 report by the White House’s H-2B Worker Protection Taskforce, and it applies to applications or petitions filed on or after January 24, 2024.

EPA – Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors Voluntary Remand Response and 5-Year Review

The EPA is proposing amendments to the new source performance standards (NSPS) and emission guidelines (EG) for large municipal waste combustion (MWC) units. These proposed amendments reflect the results from a reevaluation of the maximum achievable control technology (MACT) floor levels, a 5-year review, and the removal of startup, shutdown and malfunction exclusions and exceptions. These proposed amendments also streamline regulatory language, revise recordkeeping and electronic notification and reporting requirements, re-establish new and existing source applicability dates, clarify requirements for certain air curtain incinerators, close a 2007 proposed reconsideration action, correct certain typographical errors, make certain technical corrections, and clarify certain provisions in the NSPS and EG. These proposed amendments would revise all emission limits in the EG, except for carbon monoxide (CO) limits for two subcategories of combustors, and all nine emission limits in the NSPS. The EPA is reevaluating the MACT floors in response to the EPA’s voluntary remand of the large MWC rules following a petitioner’s request that the EPA review the MACT floors for large MWC units in consideration of a D.C. Circuit Court decision on MACT floor issues. The 5-year review is required by the Clean Air Act (CAA). The proposed amendments would result in an estimated 14,000 tons per year reduction in regulated pollutants.

DATES:

Comments must be received on or before March 25, 2024. 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 February 22, 2024.

Public hearing: If anyone contacts us requesting a public hearing on or before January 29, 2024, we will hold a virtual public hearing. See SUPPLEMENTARY INFORMATION for information on requesting and registering for a public hearing.

Read the proposed amendments here.

Senate Committee Holds Hearing on TSCA Implementation

The Senate Environment and Public Works Committee held a hearing on January 24, 2024, on “Oversight of Toxic Substances Control Act (TSCA) Amendments Implementation.” Michal Freedhoff, Ph.D., Assistant Administrator (AA) of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) was the Committee’s sole witness. Committee Chair Tom Carper (D-DE) and Ranking Member Shelley Moore Capito (R-WV) provided opening statements. On the whole, no new ground was broken, and the takeaway is that everyone — EPA, the Hill, and industry — remains frustrated with TSCA’s implementation, but for very different reasons.

According to Carper, EPA is addressing the backlog of chemicals awaiting review while also reviewing new submissions, and since June 2023, EPA has more than doubled the average amount of new chemicals reviews completed each month. Capito noted that since 2021, the number of cases that have received a determination of “not likely to present risk” has dropped by 75 percent. Capito stated that submitters that have heeded EPA’s advice to come in earlier to find out what data EPA needs have not fared well and that no amount of data provided to EPA appears sufficient to overcome its worst-case assumptions of risk. Last week, before the hearing, Capito shared with Freedhoff a summary of ideas to improve management and accelerate the new chemicals review process.

–Bergeson & Campbell

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

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

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

OSHA – Advisory Committee on Construction Safety and Health (ACCSH) Meeting Notice

The Occupational Safety and Health Administration (OSHA) Advisory Committee on Construction Safety and Health (ACCSH) will meet in person and virtually on February 22, 2024, from 9:00 a.m. to 4:00 p.m., ET.  ACCSH Workgroups will meet on February 21, 2024.

Individuals may submit comments and requests to speak, identified by Docket No. OSHA- OSHA-2024-0002, electronically at https://www.regulations.gov/, which is the Federal e-Rulemaking Portal, by February 15, 2024.

For more information, including tentative agenda items and registration information for the in-person meeting, see the Federal Register Notice, Press Release, and ACCSH website. Virtual meeting attendance information will be posted in the Docket (Docket No. OSHA-2024-0002) and on the ACCSH website prior to the meeting

New This Week: Spotlight on Swatting

Spotlight Discussion on Swatting: Franklin School District

Last year, we organized a live webinar where staff from the city of Franklin, New Hampshire, and Franklin School District discussed their response to a 2022 swatting incident. Released today, this new spotlight shares eight valuable lessons learned by the Franklin team. These valuable insights can be helpful for those who are preparing to address potential security issues in their school district.

Learn more here

IATA Lithium Battery Guidance Document Edition 65

To assist shippers in understanding the complete requirements related to the transport of lithium batteries, including packing instructions, IATA has prepared the updated Lithium Battery Guidance Document (pdf). This 2024 guidance document includes updated and additional FAQs for shippers to learn how to comply with the 65th Edition of the IATA Dangerous Goods Regulations (DGR) on definitions, classifications, exceptions, and prohibitions.

EPA Issues Final SNUR to Prevent Inactive PFAS from Reentering Commerce

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

Read more here.

NPRM: Streamlining Requirements for the Approval of Certain Energetic Materials

On November 30, PHMSA published the notice of proposed rulemaking (NPRM) “HM-257A: Streamlining Requirements for the Approval of Certain Energetic Materials” to the Federal Register. This NPRM proposes to amend the Hazardous Materials Regulations to:

• Streamline the classification and approval process for low-hazard ground device fireworks
• Codify existing guidance for UN3178 novelty devices
• Revise classification criteria for small arms cartridges to include tracer ammunition
• Include the PHMSA Portal as the method to submit applications for all explosives approvals
• Allow for voluntary termination of an explosive approval by the approval holder.

If you’re involved in the pyrotechnics supply chain, PHMSA wants your input! The public comment period for this NPRM ends on February 28, 2024.
Interested in being the first to know when PHMSA posts notices and rulemakings to the Federal Register? Receive email notifications from the Federal Register whenever PHMSA posts by visiting the Federal Register site and clicking ‘Subscribe’ at https://www.federalregister.gov/agencies/pipeline-and-hazardous-materials-safety-administration.

Security Requirements and Considerations for Hazardous Materials Transportation

Millions of tons of hazardous materials transported each day, but not all shipments carry the same level of risk. Certain quantities and types of hazmat require security plans due to the elevated risks that they pose.

This brochure outlines the Safety and Security Plan requirements found in 49 CFR Part 172, Subpart I, including when a security plan is required, what should be included in the plan, and what additional training is necessary for those who fall under the security plan requirements. It also offers suggested security measures, per PHMSA’s Risk Management Self-Evaluation Framework, to help develop of these plans.

Link: https://www.phmsa.dot.gov/training/hazmat/security-requirements-brochure

OSHA – New Injury Tracking Application

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

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

Embracing Your “Peculiarity” as a Scientist and Communicator

Entomologist Samuel Ramsey, PhD, is known for achievements that seem far outside the purview of occupational and environmental health and safety—in February, he’ll head to Southeast Asia to study bee parasites in partnership with National Geographic. But as a science communicator as well as a scientist, he encounters challenges that OEHS professionals will relate to. “It doesn’t matter how great your science is,” he said. “If there’s no one who’s interested in hearing about it, it really is restricted in its capacity to cause change.”

Ramsey’s science communication work is the reason AIHA selected him to deliver the opening keynote at AIHA Connect in May 2024. In his session, he plans to guide participants in embracing their “peculiarities”—their unique traits and perspectives—as strengths.

Read more here.

EPA Updates

Comments Due On LCRI; Lawyers Dissect SCOTUS’ Chevron Arguments

EPA’s proposed lead and copper rule improvements (LCRI), a Biden administration priority, is under the microscope as public comments flood in and the agency’s drinking water advisors offer their views. Lawyers are continuing to dissect the effects of the Supreme Court’s upcoming ruling on Chevron deference. Also: oral arguments in key TSCA and PFAS cases and a House cybersecurity hearing.

EPA Unable To Provide ‘More Definitive’ Advice On PFAS Disposal Options

RALEIGH, NC — EPA’s forthcoming update to its interim disposal guidance for PFAS will incorporate new test methods and regulations as well as revisions based on public comment but significant data gaps remain, leaving the agency unable to provide “more definitive recommendations” on disposal and destruction methods at this time, a waste office official says.

OMB Begins Review Of Precedent-Setting TSCA Methylene Chloride Rule

The White House has begun reviewing EPA’s final TSCA rule governing use of methylene chloride, teeing up what will be a precedent-setting decision on how the agency will regulate toxic solvents under the law after industry attacked a proposed version as unlawfully strict and arbitrary while environmentalists said it failed to protect exposed communities.

In Landmark Ruling, Court Grants Louisiana’s Bid To Block EPA Rights Rules

In a landmark decision, a federal judge in Louisiana is granting the Pelican State’s request to temporarily block EPA and the Justice Department (DOJ) from enforcing their decades-old Civil Rights Act rules barring state actions that impose “disparate impacts,” gutting Biden administration efforts to address environmental justice and other civil rights concerns.

States Launch Efforts To Begin Monitoring PFAS In Wastewater Discharges

Two states are beginning to require monitoring for PFAS in discharges from industry and publicly owned treatment works (POTWs) following pressure from EPA to start addressing the chemicals in Clean Water Act (CWA) discharge permits even before the agency promulgates test methods and develops sector-specific technology-based effluent limits.

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

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

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

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

–Inside EPA

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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