IHMM Today January 31, 2023

At Midway Point, Biden Faces Major Tests On EPA Regulatory Agenda

Midway through President Joe Biden’s term, his administration is facing major political and legal tests as officials work to advance their ambitious regulatory agenda for environmental and climate policy.

Biden took office in 2021 working quickly to sign a series of executive orders aimed at reversing a suite of Trump-era deregulatory policies and replacing them with plans for tough new environmental and climate regulations.

EPA and other agencies are now working to craft those new rules addressing greenhouse gases, water and air quality, PFAS and other industrial chemicals as well as measures to improve permitting.

The administration is also ramping up efforts to address environmental justice concerns, such as increasing use of cumulative risk analysis.

But as Inside EPA’s Outlook 2023 details, officials are also grappling with a series of difficult decisions as they implement the Inflation Reduction Act, one of the president’s signature legislative accomplishments.

The administration is also facing pushback from industry and continued turmoil with environmentalists.

Officials are also facing new political tests as House Republicans prepare an aggressive oversight agenda of EPA and other agencies’ policies. And they are also bracing for upcoming rulings from the conservative Supreme Court regarding clean water and other regulatory issues that could further limit their regulatory authority.

–Inside EPA

D.C. Circuit Dismisses Industry Challenge To EPA’s PFOA, PFOS Levels

The U.S. Court of Appeals for the District of Columbia Circuit has dismissed the chemical industry’s challenge to EPA’s Safe Drinking Water Act (SDWA) interim health advisory levels (HALs) for the two most-studied PFAS, backing an EPA motion to dismiss the suit before even reaching the merits.

“Petitioner has failed to carry its burden of establishing standing,” the court says in its brief Jan. 23 per curiam order in American Chemistry Council (ACC) v. EPA. “Despite relying on associational standing, petitioner has neither alleged that the challenged conduct affects all of its members nor identified any specific member who would have standing to pursue this action.”

The order continues, “Although petitioner has pointed to alleged harm facing an indirect subsidiary of one of its members, it has not shown that the member itself is suffering any injury or would have standing to sue based on the subsidiary’s alleged injury. . . . Nor has petitioner demonstrated a ‘substantial probability’ that the agency actions challenged here caused the litigation costs that some of its members allegedly face in having to defend against a separate lawsuit.”

The order also dismisses environmentalists’ motion to intervene in the litigation as moot and directs the court clerk to “withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.”

The D.C. Circuit’s dismissal of ACC’s challenge comes as the 3rd Circuit is continuing to weigh whether the Chemours Co. can proceed with a similar challenge to a HAL for GenX chemicals, a third type of per- and polyfluoroalkyl substances (PFAS) for which EPA issued SDWA advisory levels.

–Inside EPA

Regan Said To Be Eyeing Early Departure As Regulatory Agenda Ramps Up

As EPA ramps up its regulatory agenda, Administrator Michael Regan is said to be seriously considering leaving the agency he has led for the first two years of the Biden administration and has been exploring options outside of the federal government, according to a press report, though an agency spokesperson is denying it.

Citing four unnamed sources, Reuters reported Jan. 26 that Regan has been thinking seriously about departing and has been exploring options outside the Biden administration but has not made any decisions.

“No plans imminently, but I do know it’s been on the radar screen for the past few weeks,” one source told the outlet.

EPA did not respond to a request for comment from Inside EPA on Regan’s plans but Regan aide and agency spokeswoman Maria Michalos told Reuters, “The administrator doesn’t have any plans to step down. He’s committed to continuing to advance President [Joe] Biden’s historic climate and environmental agenda.”

Regan is the first Black man to lead the agency and he has focused on Biden’s priorities of addressing environmental justice (EJ) and climate change.

His potential departure comes at a particularly busy time for EPA, which is flush with billions of dollars in new funding through the Bipartisan Infrastructure Law and the Inflation Reduction Act to address climate change and EJ. Further, EPA is set to issue dozens of high-profile rulemakings this year, especially addressing air pollution and greenhouse gas emissions.

-Inside EPA

EPA opens comment on proposed PM2.5 standards

EPA has published its proposal to tighten federal air quality standards for fine particulate matter (PM2.5) in the Federal Register Jan. 27, opening a 60-day public comment period for input on the controversial plan.

The agency will take comment through March 28 and will likely receive numerous comments from environmentalists and possibly some states seeking to strengthen the plan, while industry groups may oppose any tightening of the national ambient air quality standards (NAAQS) for PM2.5 as unwarranted.

EPA will also separately announce a date for a public hearing on the plan, the agency says.

The proposal, released to the public Jan. 6, would tighten the “primary,” health-based limit for PM2.5 from 12 micrograms per cubic meter (ug/m3) down to a tougher limit in the range of 9 ug/m3 to 10 ug/m3. EPA also solicits comment on a tighter limit as tough as 8 ug/m3 and a weaker limit as high as 11 ug/m3.

EPA does not propose to tighten the daily PM2.5 primary limit of 35 ug/m3, disappointing environmental groups and states that pressed for a tougher limit as low as 25 ug/m3.

Environmentalists are also lobbying EPA to set the annual limit at the lowest end of the range under consideration, at 8ug/m3, pointing to the high public health costs of harm done by PM2.5.

-Inside EPA

ECHA adds nine hazardous chemicals to Candidate List

The Candidate List of substances of very high concern now contains 233 entries for chemicals that can harm people or the environment. Companies are responsible for managing the risks of these chemicals and must also give their customers and consumers information to use them safely. 

Helsinki, 17 January 2023 – ECHA has added nine chemicals to the Candidate List because of their hazardous properties. They are used for example in flame retardants, paints and coatings, inks and toners, coating products, plasticisers and in the manufacture of pulp and paper.

Entries added to the Candidate List on 17 January 2023:  https://echa.europa.eu/-/echa-adds-nine-hazardous-chemicals-to-candidate-list

US Department of Labor reminds certain employers to submit required 2022 injury and illness data by March 2, 2023

The U.S. Department of Labor’s Occupational Safety and Health Administration is reminding employers that the agency is collecting calendar year 2022 Form 300A data. Employers must submit the form electronically by March 2, 2023.

Establishments under Federal OSHA jurisdiction can use the ITA Coverage Application to determine if they are required to electronically report their injury and illness information to OSHA. Establishments under State Plan jurisdiction should contact their State Plan.

Employers must connect their Injury Tracking Account to a Login.gov account to submit their 2022 workplace injury and illness data. Watch the video to learn how.

Take the Partner Survey

Thank you for being a Safe + Sound partner! We appreciate your support throughout the year. The Safe + Sound Partner Survey is live. We welcome feedback about your experience and suggestions for the future. The survey will close Tuesday, February 7th.

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:

• Complete the Safe + Sound Partner Survey by February 7th
• Promote the Speak Up for Safety Challenge to your stakeholders

A Collaborative Culture

There are 841 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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