IHMM Today July 18, 2023

EPA Announces New Framework Intended to Prevent Unsafe New and New Uses of PFAS from Entering the Market

The U.S. Environmental Protection Agency (EPA) announced on June 29, 2023, a new framework (the Framework) for addressing new per- and polyfluoroalkyl substances (PFAS) and new uses of existing PFAS. The Framework outlines EPA’s planned approach when reviewing new PFAS and new uses of PFAS to ensure that, before these chemicals are allowed to enter into commerce, EPA will undertake an extensive evaluation to ensure they pose no harm to human health and the environment. Under Section 5 of the Toxic Substances Control Act (TSCA), EPA is required to review new chemicals, including new PFAS and new uses of PFAS, within 90 days, assess the potential risks to human health and the environment of the chemical, and make one of five possible risk determinations. When potential risks are identified, EPA must take action to mitigate those risks before the chemical can enter commerce. EPA states that new PFAS present a challenge to evaluate “because there is often insufficient information to quantify the risk they may pose and consequently make effective decisions about how to regulate them.” According to EPA, many PFAS are known to persist and bioaccumulate in the environment and in people and they pose potential risks not only to those who directly manufacture, process, distribute, use, and dispose of the chemical substances but also to the public, including communities that may be exposed to PFAS pollution or waste and already overburdened communities. EPA will use the Framework to assess qualitatively PFAS that are likely persistent, bioaccumulative, and toxic (PBT) chemicals. For more information, please read the full memorandum.

Read more >> https://www.lawbc.com/regulatory-developments/entry/epa-announces-new-framework-intended-to-prevent-unsafe-new-and-new-uses-of

Department of Labor announces rule expanding submission requirements for injury, illness data provided by employers in high-hazard industries

The U.S. Department of Labor on July 17th announced a final rule that will require certain employers in designated high-hazard industries to electronically submit injury and illness information – that they are already required to keep – to the department’s Occupational Safety and Health Administration.

The final rule takes effect on Jan. 1, 2024, and now includes the following submission requirements:

• Establishments with 100 or more employees in certain high-hazard industries must electronically submit information from their Form 300-Log of Work-Related Injuries and Illnesses, and Form 301-Injury and Illness Incident Report to OSHA once a year. These submissions are in addition to submission of Form 300A-Summary of Work-Related Injuries and Illnesses.
• To improve data quality, establishments are required to include their legal company name when making electronic submissions to OSHA from their injury and illness records.

OSHA will publish some of the data collected on its website to allow employers, employees, potential employees, employee representatives, current and potential customers, researchers and the general public to use information about a company’s workplace safety and health record to make informed decisions. OSHA believes that providing public access to the data will ultimately reduce occupational injuries and illnesses.

“Congress intended for the Occupational Safety and Health Act to include reporting procedures that would provide the agency and the public with an understanding of the safety and health problems workers face, and this rule is a big step in finally realizing that objective,” explained Assistant Secretary for Occupational Safety and Health Doug Parker. “OSHA will use these data to intervene through strategic outreach and enforcement to reduce worker injuries and illnesses in high-hazard industries. The safety and health community will benefit from the insights this information will provide at the industry level, while workers and employers will be able to make more informed decisions about their workplace’s safety and health.”

The final rule retains the current requirements for electronic submission of information from Form 300A from establishments with 20-249 employees in certain high-hazard industries and from establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records.

The announcement follows proposed amendments announced in March 2022 to regulations for requiring specific establishments in certain high-hazard industries to electronically submit information from their Log of Work-Related Injuries and Illnesses, and Injury and Illness Incident Report.

Learn more about OSHA and its injury and illness recordkeeping and reporting requirements.

OSHA Improved Tracking of Workplace Injuries and Illnesses Final Rule

The Occupational Safety and Health Administration (OSHA) issued for public inspection a Final Rule that will be published on July 21, 2023 and become effective on January 1, 2024, amending its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA is amending its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year.  Establishments with 20 to 249 employees in certain industries will continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. All establishments with 250 or more employees that are required to keep records under OSHA’s injury and illness regulation will also continue to be required to electronically submit information from their Form 300A to OSHA on an annual basis.

For more information, please visit OSHA’s Injury and Illness Recordkeeping and Reporting Requirements website, OSHA’s Press Release (Spanish) and Federal Register Notice.

Department of Labor announces national emphasis program aimed at reducing, preventing workplace hazards in warehouses, distribution centers

The U.S. Department of Labor’s Occupational Safety and Health Administration on July 13th launched a national emphasis program to prevent workplace hazards in warehouses, processing facilities distribution centers, and high-risk retail establishments.

In the past 10 years, warehousing and distribution centers have experienced tremendous growth with more than 1.9 million people employed in the industry. The Bureau of Labor Statistics data shows injury and illness rates for these establishments are higher than in private industry overall and, in some sectors, more than twice the rate of private industry.

“Our enforcement efforts are designed to do one thing: lead to permanent change in workplace safety,” said Assistant Secretary for Occupational Safety and Health Doug Parker. “This emphasis program allows OSHA to direct resources to establishments where evidence shows employers must be more intentional in addressing the root causes of worker injuries and align their business practices with the goal to ensure worker health and safety.”

Under this three-year emphasis program, OSHA will conduct comprehensive safety inspections focused on hazards related to powered industrial vehicle operations, material handling and storage, walking and working surfaces, means of egress and fire protection. The program will also include inspections of retail establishments with high injury rates with a focus on storage and loading areas; however, OSHA may expand an inspection’s scope when evidence shows that violations may exist in other areas of the establishment.

In addition, OSHA will assess heat and ergonomic hazards under the emphasis program, and health inspections may be conducted if OSHA determines these hazards are present.

Inspected establishments will be chosen from two lists. One includes establishments with industry codes covered under this emphasis program. The second consists of a limited number of retail establishments with the highest rates of injuries and illnesses resulting in days away, restricted duty or job transfer.

State plans are required to adopt this emphasis program or establish a different program at least as effective as the federal model.

Learn more about solutions to common industry hazards.

National Oil and Hazardous Substances Pollution Contingency Plan; Product Schedule Listing and Authorization of Use Requirements

The Environmental Protection Agency (EPA or the Agency) is amending the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that govern the use of dispersants, other chemicals and other spill mitigating substances when responding to oil discharges into jurisdictional waters of the United States. This action addresses the efficacy and toxicity of dispersants and other chemical and biological agents, as well as public, state, local, and federal officials’ concerns regarding their use. Specifically, the Agency is amending the Subpart J regulatory requirements for the NCP Product Schedule in two distinct ways. First, the Agency is adding new listing criteria, revising the efficacy and toxicity testing protocols, and clarifying the evaluation criteria for removing products from the NCP Product Schedule. Second, the Agency is amending requirements for the authorities, notifications, and data reporting when using chemical or biological agents in response to oil discharges to Clean Water Act (CWA) section 311 jurisdictional waters and adjoining shorelines. These requirements are anticipated to encourage the development of safer and more effective spill mitigating products and better target the use of these products to reduce the risks of oil discharges and response technologies to human health and the environment. Further, the amendments are intended to ensure that On-Scene Coordinators (OSCs), Regional Response Teams (RRTs), and Area Committees (ACs) have sufficient information to support agent authorization of use decisions.

DATES:

This final rule is effective on December 11, 2023.

ADDRESSES:

The EPA has established a docket for this action under Docket ID No. EPA–HQ–OPA–2006–0090. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

For general information, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at 800–424–9346 or TDD at 800–553–7672 (hearing impaired). In the Washington, DC metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at 703–412–9810 or TDD 703–412–3323. For more detailed information on this final rule contact Gregory Wilson at 202–564–7989 ( [email protected]) or Vanessa Principe at 202–564–7913 ( [email protected]). The contact address is U.S. Environmental Protection Agency, Office of Emergency Management, Regulations Implementation Division, 1200 Pennsylvania Avenue NW, Washington, DC 20460–0002, Mail Code 5104A, or visit the Office of Emergency Management website at http://www.epa.gov/​oem/​.

EPA Updates TSCA CBI Requirements

The U.S. Environmental Protection Agency (EPA) published on June 7, 2023, a final rule with new and amended requirements concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or otherwise obtained by EPA under the Toxic Substances Control Act (TSCA). 88 Fe d. Reg. 37155. The final rule notes that amendments to TSCA in 2016 included many new provisions concerning the assertion, EPA review, and treatment of confidentiality claims. The final rule includes procedures for submitting such claims in TSCA submissions. It addresses issues such as substantiation requirements, exemptions, electronic reporting enhancements (including expanding electronic reporting requirements), maintenance or withdrawal of confidentiality claims, and provisions in current rules that are inconsistent with amended TSCA. The rule also addresses EPA procedures for reviewing and communicating with TSCA submitters about confidentiality claims. The final rule will be effective August 7, 2023. For a more in-depth review of the final rule and our insightful commentary, please read the full memorandum.

Read more >> https://www.lawbc.com/regulatory-developments/entry/epa-updates-tsca-cbi-requirements

Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA)

The Environmental Protection Agency proposes to ban most uses of perchloroethylene (PCE) and to require a workplace chemical protection program for PCE uses that are not banned. The proposed ban would prohibit manufacturing, processing, and distribution of PCE for consumer uses; prohibit most industrial and commercial uses of PCE; and create workplace protections for the remaining uses. Comments due August 15.

Read more >> https://www.federalregister.gov/documents/2023/06/16/2023-12495/perchloroethylene-pce-regulation-under-the-toxic-substances-control-act-tsca

USDOT Proposes Requirements for Real-time Hazmat Information for Firefighters and First Responders to Improve Freight Rail Safety

USDOT Proposes Requirements for Real-time Hazmat Information for Firefighters and First Responders to Improve Freight Rail Safety

Proposal Adds to Several Actions USDOT Has Taken to Improve Freight Rail Safety

WASHINGTON –The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) today announced it is proposing a new rule aimed at improving public safety and preventing environmental impacts by strengthening requirements governing railroads’ provision of hazardous materials information to responders during a hazmat incident. The proposal would require railroads to always maintain — and update in real-time — accurate, electronic information about rail hazmat shipments in a train consist that would be accessible to authorized emergency response personnel. Railroads would also be required to proactively “push” that information to authorized local first response personnel as soon as the railroad is aware of an accident involving any hazardous materials.

“When railroads transport hazardous materials, they must do so safely and responsibly,” said U.S. Transportation Secretary Pete Buttigieg. “Our proposal would improve rail safety and help protect communities across the country by requiring railroads to maintain detailed, real-time information about trains carrying hazardous materials.”

“On-demand access to key information about hazmat shipments coupled with proactive information sharing will enable first responders to better prepare for the risks present at the scene of an incident BEFORE they arrive on scene,” said PHMSA Deputy Administrator Tristan Brown. “This will improve safety for firefighters and first responders, and the communities they so courageously serve.”

“Fire fighters are often first to show up at many emergencies, including train derailments and HazMat incidents. Accurate, up-to-date information about train contents is critical to keep first responders and the communities they serve safe. The IAFF strongly supports the Department of Transportation’s new rule that would give fire fighters real-time data allowing for safer responses. We applaud the DOT for prioritizing fire fighter and public safety,” according to Edward A. Kelly, General President, International Association of Fire Fighters.

PHMSA and the Federal Railroad Administration  (FRA) have taken several additional actions to improve freight rail safety. That includes making more than $25 million in funding available to help train first responders and strengthen safety programs and issuing safety advisories to railroad companies about replacing tank car covers and urging a faster transition from DOT-111s to DOT 117s rail cars.

The Notice of Proposed Rulemaking (NPRM) would require all railroads to generate, in hard copy and electronic versions, real-time train consist information for shipments containing hazardous materials. Required information would include the quantity and position of the shipment on the train, the shipment’s origin and destination, and a designated emergency point of contact at the railroad.

The proposal responds to congressional mandates in the FAST Act, National Transportation Safety Board (NTSB) recommendation providing electronic train consist information to emergency officials and personnel that respond to hazmat incidents for railroads, as well as lessons learned from firefighters responding to the February 2023 Norfolk Southern derailment in East Palestine, OH. Consistent with the broad scope of the NTSB recommendation, PHMSA’s proposal goes beyond the FAST Act mandate that had been limited to Class 1 railroads and extends these new proposed requirements to all railroad classes and requires proactive notification to local first responders in the case of an accident or an incident involving a release or suspected release of a hazardous material.

The proposed rule has been transmitted to the Federal Register.  A publication date will be provided when it becomes available along with an opportunity to provide public comment.

Beltway Buzz – Ogletree Deakins

Congress Returns, Works on “Must Pass” Bills. Following their Fourth of July recess, members of the U.S. Congress returned to Washington, D.C., this week and turned their attention to several “must pass” pieces of legislation, including the National Defense Authorization Act (NDAA) (which passed the U.S. House of Representatives this morning by a vote of 219–210) and federal government funding. These and similar bills—such as legislation to reauthorize the Federal Aviation Administration—will factor considerably into the congressional agenda for the remainder of the year. The work on the NDAA this week is a particularly good example of how quickly the political winds can change in Washington, D.C. At this time last year, the Buzz was tracking labor and employment amendments that were included in the House’s version of the NDAA. With Republicans in the majority in the House, that is not the case this year.

Overtime Proposal on the Way. On July 12, 2023, the Office of Information and Regulatory Affairs (OIRA) received for review the U.S. Department of Labor’s Wage and Hour Division’s (WHD) proposal to amend the overtime implementing regulations of the Fair Labor Standards Act. While the proposal is not public at this time, this action means that WHD could release the proposal for public comment toward the end of summer or early fall. Assuming WHD follows through with the proposal, proposed changes to the overtime regulations will be a major issue this fall, and employer groups and Republicans in Washington, D.C., are already preparing for a significant debate.

Senate Confirms Kotagal to EEOC. On July 13, 2023, the U.S. Senate voted 49–47 to confirm Kalpana Kotagal as a commissioner on the U.S. Equal Employment Opportunity Commission (EEOC). Two-and-a-half years into the Biden administration, Kotagal’s confirmation finally tilts the majority at the Commission in favor of the Democrats, as Kotagal will join Chair Charlotte Burrows and Vice Chair Jocelyn Samuels in the majority. This means that the Commission’s policy agenda—which has been relatively dormant during this administration—will soon pick up steam, and employers can expect the EEOC to address issues such as issuance of rules implementing the Pregnant Workers Fairness Act, the collection of payroll data, regulations governing employer wellness programs, and sexual harassment guidance.

Senate Committee Advances NLRB, NMB Nominees. On July 12, 2023, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) voted to advance the nominations of Gwynne Wilcox (nominated to serve another term on the National Labor Relations Board (NLRB)) and Loren Sweatt (nominated to serve on the National Mediation Board (NMB)). Wilcox made it through on a 12–9 vote, with Senator Lisa Murkowski (R-AK) providing the lone Republican affirmative vote. (In 2021, Senator Murkowski voted to confirm Wilcox to her first term on the Board.) Sweatt, who is currently a senior professional staffer on the HELP Committee and previously served as principal deputy assistant secretary for the Occupational Safety and Health Administration (OSHA), was approved unanimously. The nominees now await a vote on the Senate floor.

Injury and Illness Reporting Reg. Nears Finalization. On July 11, 2023, OIRA concluded its review of OSHA’s proposed regulation to “Improve Tracking of Workplace Injuries and Illnesses.” This means that a final rule could be released as early as next week.

Foxx Seeks Answers Regarding Su’s Tenure. Speaking of nominations, Julie Su’s nomination to serve as secretary of labor remains stalled in the Senate. Republicans continue to put political pressure on Su, not just in relation to her nomination, but also relating to her current role as acting secretary of labor. In fact, House Committee on Education and the Workforce Chair Virginia Foxx (R-NC) has questioned whether federal law permits Su to continue to serve as acting secretary. In a July 6, 2023, letter to the U.S. Government Accountability Office, Chair Foxx asked for answers regarding which of two federal provisions—the Federal Vacancies Reform Act of 1998 or 29 U.S.C. § 552 (“Deputy Secretary; appointment; duties”)—controls Su’s acting service. Republicans clearly are not interested in Su’s policy preferences, regardless of whether she serves in an acting or formal capacity as secretary of labor.

Professional Certification Coalition

IHMM is a member of the PCC. The PCC monitors state and federal legislative and regulatory activity affecting professional certification on an ongoing basis. The PCC has compiled several “Watchlists” identifying and analyzing provisions in pending legislation at both the state and federal level that, under applicable rules, may still be enacted in the current legislative session.  Depending on the carry-over rules in the relevant legislature, the charts listing current legislation may include bills introduced in a prior year.  In addition, the PCC compiles each year a chart of enacted legislation that affects certification. The charts include hyperlinks to every bill or executive order. Note that the Watchlist and the Enacted Legislation document do not include profession-specific legislation and do not include regulatory initiatives. The charts will be updated as needed based on new developments.

• 2022 Accomplishments and 2023 Priorities

Freedom to Invest in Tomorrow’s Workforce Act (H.R. 1477/S. 722) 

• • The PCC has been hard at work planning strategy and meeting with congressional offices to encourage Members of Congress to sign on as cosponsors to our legislation. H.R. 1477 now has 15 cosponsors (9 GOP, 6 DEM), while S. 722 has 8 cosponsors (5 DEM, 3 GOP).  We are pleased with the progress we are making in cultivating support for the bill and thank our PCC members for their own advocacy efforts.  We are also grateful for the high level of enthusiasm that the staffers for our lead sponsors for the bill are demonstrating; their motivation is critical to the bill’s advancement through Congress.
  • Complementing the PCC’s individual efforts, we are connecting with other industry stakeholders to coordinate on strategy and outreach.  As we will soon announce in a more formal manner, we are in the process of assembling an informal coalition – spearheaded by ASAE/PCC – of groups interested in promoting Freedom to Invest, as many organizations outside of the certification community are also supportive of the bill. The coalition will meet on a periodic basis (e.g., once a month), produce and distribute advocacy materials, attend congressional meetings jointly, and be in frequent communication regarding developments surrounding the legislation.  If your organization is interested in participating in this Freedom to Invest-specific coalition – which will not require any sort of financial commitment – please let us know, and we’ll include you on the list. And we will of course keep all PCC members informed about developments with the bill through our regular member updates and strategy calls.

Other State and Federal Activities

In this section we will highlight other state and federal government affairs activities undertaken by the committee.

Current Priorities June-August 2023

• PHMSA – Hazardous Materials: Harmonization With International Standards – IHMM Draft Comments Above – Docket No. PHMSA-2021-0092 (HM-215Q)

• NY Department of Labor rulemaking concerning the recognition of the CSHM and CSMP. IHMM’s comments concerning initiating this rulemaking are here

• Work with Eric Vega in Puerto Rico concerning credential recognition

• Review of the Governor of Nevada’s Executive Order concerning licensing boards and potential for recognition of the CHMM. IHMM’s comments on the Governor’s Executive Order are here

• Scheduling meetings with the Maryland Congressional delegation concerning the Certified Pandemic Preparedness Specialist [CPPS] credential

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

HM-265A: Modernizing Regulations to Improve Safety and Efficiency

PHMSA is seeking your input to help us improve the HMR!

On July 5, 2023, PHMSA published the Advance Notice of Proposed Rulemaking (ANPRM) “HM-265A: Modernizing Regulations to Improve Safety and Efficiency” to the Federal Register. Based on feedback from industry stakeholders, internal PHMSA review, NTSB safety recommendations, and modal safety partners, the ANPRM addresses 46 separate areas where the requirements of the HMR may need to be updated to increase efficiency while improving safety. Topics addressed in the ANPRM include those related to UN Performance Oriented Package testing, tank car safety, hazardous material employee training, and updates to incorporated by reference documents, among others.

The public comment period for this ANPRM ends on October 3, 2023. For questions, please contact Mr. Eamonn Patrick at [email protected].

HM-263: FAST Act Requirements for Real-Time Train Consist Information

On June 27, PHMSA published a new Notice of Proposed Rulemaking (NPRM) aimed at improving public safety and preventing environmental impacts by strengthening requirements governing railroads’ provision of hazardous materials information to responders during a hazmat incident. This proposal is a response to mandates in the Fixing America’s Surface Transportation (FAST) Act and a recommendation from the National Transportation Safety Board (NTSB).

The proposal would require all railroads to always maintain — and update in real-time — accurate, electronic information about rail hazmat shipments in a train consist that would be accessible to authorized emergency response personnel. Required information would include the quantity and position of the shipment on the train, the shipment’s origin and destination, and a designated emergency point of contact at the railroad. Railroads would also be required to proactively “push” that information to authorized local first response personnel as soon as the railroad is aware of an accident involving any hazardous materials.

The public comment period for this NPRM ends on August 28, 2023. For questions, contact Dirk Der Kinderen at (202) 366-8553.

HM-215Q: Harmonization with International Standards

On May 30, PHMSA published “HM-215Q: Hazardous Materials: Harmonization with International Standards” to the Federal Register. This NPRM proposes amendments to the Hazardous Materials Regulations to maintain alignment with international regulations and standards by adopting various amendments. Amendments include:

1. Incorporations by reference (IBR), to the 2023–2024 edition ICAO Technical Instructions, Amendment 41-22 to the IMDG Code, and the 22nd revised edition of the UN Model Regulations
2. Allowing continued use of the transport provisions for polymerizing substances, by removing the previous January 2, 2023 phaseout date
3. Adding a new entry to the Hazardous Materials Table “UN3550, Cobalt dihydroxide powder, containing not less than 10% respirable particles,” with corresponding packaging provisions
4. Removing the exceptions provided for small lithium cells and batteries for transportation by aircraft
5. Removing the telephone number requirement from the lithium battery mark. Note that while this change would not mean that it is a violation to continue to include the telephone number on lithium battery marks, shippers and manufacturers are encouraged to review their marking practices and make any necessary changes to minimize the risk of frustrated shipments.

PHMSA wants your feedback on this proposed rule, so be sure to submit before the comment period closes on July 31, 2023. For questions, contact Candace Casey or Aaron Wiener at (202) 366–8553.

Attention Electric Vehicle Owners and Shippers: Watch Out for Flooded Lithium Batteries!

On April 7, 2023, PHMSA issued a safety advisory to alert the public of the risks of lithium battery-powered electric vehicles (EVs) that may have been damaged due to submersion during extreme weather events. PHMSA has learned of fires involving lithium batteries installed in EVs that were submerged in floodwaters after storms. Saltwater is especially harmful to lithium batteries as residual salt can cause the battery to short circuit and result in a fire. Additionally, the time frame in which a damaged battery can ignite varies, from days to weeks, and EV battery fires can be extremely damaging. Of course, transporting these flooded batteries could also pose a risk for shippers.

EV owners, salvage companies, and vehicle transport companies should check for potential damage to their installed lithium batteries before shipping. Shippers must follow the specific requirements in the HMR for both the transportation of EVs containing lithium batteries, and for the transportation of damaged or defective lithium batteries in commerce. PHMSA will continue to work with our safety partners to understand the emerging risks of flooded EV batteries. As such, we plan to conduct research and issue updated guidance when additional information is available.

For more details, view the full safety advisory here.

Regulatory Updates

PHMSA’s Office of Hazardous Materials Safety will be hosting public forums in advance of four international meetings, to allow the public to give input on current proposals being considered by the International Civil Aviation Organization’s (ICAO) Dangerous Goods Panel (DGP) and the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The international meetings include:

• The 62nd session of the UNSCOE TDG, scheduled for July 3 to July 7, 2023, in Geneva, Switzerland
• The 29th session of the ICAO TDG, scheduled for November 13 to 17, 2023, in Montreal, Canada
• The 63rd session of the UNSCOE TDG, scheduled for November 27 to December 6, 2023, in Geneva, Switzerland

Each of these public meetings will be held approximately two weeks before the corresponding international meeting. Specific information for each meeting, including date, time, conference call-in number, and details for advance registration will be posted when available on the PHMSA website under “Upcoming Events.” These meetings will be virtual, with hybrid options available as possible, pending public health guidelines.

The Federal Register announcement can be found here.

IHMM CONFERENCES FOR 2023

IHMM will attend and support a number of conferences and trade shows throughout 2023, virtually as well as in-person as resources allow. Below are some of the conferences IHMM will support in 2023.

Are there conferences you believe IHMM should attend that do not appear here? If so, let us know by sending an email to [email protected]

CUHMMC 41st Annual Conference

Oregon State University, Corvalis, Oregon

August 6-11, 2023

AHMP 36th Annual Conference

Omaha, NE

August 27-30, 2023

National Safety Council Congress & Expo

New Orleans, LA

October 23-25, 2023

FET Annual Conference

Milwaukee Marriott West

October 31-Nov 2, 2023