IHMM Today March 5, 2024

Inside IHMM

A Collaborative Culture

There are 1,265 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

Latest Government Shutdown Avoided. Another week in Washington, D.C., and our legislators have avoided yet another shutdown. At least this time, there seems to be a bit of a plan to put a bow on this debate once and for all (until, of course, discussions begin for the fiscal year (FY) 2025 spending kickoff). Here is what happened this week. With spending for certain government functions set to expire on March 1, 2024, the U.S. Congress passed—and President Biden signed—a continuing resolution that will extend six government funding bills (including funding for the U.S. Equal Employment Opportunity Commission (EEOC)) until March 8, 2024, and a remaining six bills (including funding for the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB)) until March 22, 2024. There is still a ways to go before this matter is completely wrapped up, but the initial threat of a federal shutdown this week has been avoided.

Senate Committee (Barely) Approves Su (Again). On February 27, 2024, during a closed-door meeting, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) voted to advance the nomination of Julie Su to be secretary of labor. The 11–10 party-line vote (with no Republicans voting for Su) was the second time the HELP Committee had voted to approve Su’s nomination (and with an identical vote tally). In a speech this week on the floor of the U.S. Senate, Senator Bill Cassidy (R-LA), ranking member of the committee, noted that since Su’s original nomination in 2023, “concerns over Ms. Su’s leadership of DOL have grown.” Senator Cassidy also noted that he had made a formal request of Committee Chair Bernie Sanders (I-VT) to hold a hearing for Su, but “the Chair denied our request and is instead ramming through Ms. Su’s nomination behind closed doors without a full public hearing in the Committee.” Senator Cassidy continued, “The Chair’s decision to not hold a public hearing on Ms. Su is unacceptable and shows a lack of transparency from the Majority. It undermines the Committee’s constitutional duty to advise and consent on presidential nominees.” The next step for Su is a vote on the Senate floor, though it is unclear how or why she may have the necessary votes this time around.

EEOC Announces 2023 EEO-1 Reporting Window. The EEOC has announced that the 2023 EEO-1 Component 1 data collection will open on April 30, 2024, and employers will have until June 4, 2024, to file their reports. Of course, the Buzz will be watching for future attempts by the Commission to amend the EEO-1 report to require the disclosure of employee wage and hours worked data. To that end, in approving this EEO-1 information collection, the Office of Management and Budget (OMB) noted the following: “OMB also recommends that EEOC seek the input of affected stakeholders about any revisions as early as possible, and provide respondents with ample notice before making revisions in order to minimize burdens.” James A. Patton, Jr., and Kiosha H. Dickey have the details.

H-1B Registration Kicks Off With New Process. The FY 2025 H-1B cap lottery selection process will open at noon on Wednesday, March 6, 2024. Pursuant to the rule finalized by U.S. Citizenship and Immigration Services (USCIS) on February 2, 2024, (“Improving the H-1B Registration Selection Process and Program Integrity”), the beneficiary-centric selection procedure will be implemented for H-1B visa holders, in which “[e]ach unique beneficiary who has a registration submitted on their behalf will be entered into the selection process once, regardless of how many registrations are submitted on their behalf.” The changes are intended to increase the integrity of the process and reduce fraud.

OSHA Reporting Deadline. March 2, 2024, is the deadline for covered employers to electronically submit their required injury and illness reporting information to the Occupational Safety and Health Administration (OSHA).

OFCCP Seeks Fed Contractor Data. In a surprise move that was not forecasted in recent regulatory agendas, late last week the Office of Federal Contract Compliance Programs (OFCCP) published a notice of its intent to resurrect the Monthly Employment Utilization Report (CC–257). According to the notice, “With the proposed CC– 257, construction contractors will provide information on employee work hours and employee count by race/ ethnicity, gender, and trade in the covered area.” Covered construction contractors would be required to provide this information to OFCCP on a monthly basis. Despite the proposed change in policy and the potential costly burden on contractors, OFCCP is proposing this change via the Paperwork Reduction Act, rather than through the Administrative Procedure Act’s rulemaking process. Emily M. Halliday and Lauren B. Hicks have the details.

A Commanding Vote. On February 28, 2024, the U.S. House of Representatives passed, by a vote of 348–55, the D.C. Robert F. Kennedy Memorial Stadium Campus Revitalization Act (H.R. 4984). If enacted, the bill would require the secretary of the interior to transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the District of Columbia. Looking down the road, the bill would potentially enable the National Football League’s Washington Commanders to play their home games on the site (the franchise played at RFK Stadium from 1961 through 1996). The Commanders currently play their home games in Maryland, and judging from the vote tally on the bill, it looks like Maryland wants to keep it that way. Of eight representatives from Maryland, seven voted against the bill, and one—Representative Jamie Raskin (D)—did not vote.

PHMSA – Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements

EPA – Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review

This document is unpublished. It is scheduled to be published on 03/08/2024.

Once it is published it will be available on this page in an official form. Until then, you can download the unpublished PDF version.

Although we make a concerted effort to reproduce the original document in full on our Public Inspection pages, in some cases graphics may not be displayed, and non-substantive markup language may appear alongside substantive text. If you are using public inspection listings for legal research, you should verify the contents of documents against a final, official edition of the Federal Register. Only official editions of the Federal Register provide legal notice of publication to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507. Learn more here.

Public Comment Period on Draft Guidance for Future CSO Permitting

On February 20, 2024, EPA announced in the Federal Register that it is seeking public comment on the Draft Guidance for Future National Pollutant Discharge Elimination System (NPDES) Permits for Combined Sewer Systems. This draft guidance highlights the available paths forward for permitting communities with combined sewer overflows (CSOs) at the next stage in their programs. It summarizes options under the Clean Water Act that are articulated in the original 1994 CSO Control Policy as well as the option to use EPA’s 2012 Integrated Planning Framework to look holistically at future investments.

Comments on the draft guidance can be submitted at http://www.regulations.gov under Docket ID: EPA–HQ–OW–2023–0475. The comment period ends on March 21, 2024.

For any questions related to this announcement, please contact [email protected].

EPA – Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units

Inside EPA Updates

EPA Officials ‘Very Focused’ On Looming CRA Deadline For ‘Priority’ Rules

EPA’s policy chief is acknowledging that officials are striving to avoid the risk that “priority” regulations could be quickly rescinded by a hostile Congress and president next year, as the agency faces a deadline later this spring to avoid such a scenario under the Congressional Review Act (CRA).

GOP States Push Constitutional Claims In Legal Attack On Amended WOTUS

A coalition of 24 Republican state attorneys general (AG) is stepping up its constitutional claims over the Biden administration’s final “waters of the United States” (WOTUS) rule, warning that it is plagued by violations of Due Process, the Commerce Clause, the major-questions doctrine, and the Tenth Amendment.

Climate Penalty’ Worsening Air Pollution, Sharpening EPA Policy Dilemma

Recent studies are projecting that a warming climate is significantly worsening air quality in the United States, thwarting efforts to cut pollution and meet EPA’s tougher fine particulate matter (PM2.5) standards as well as its existing ozone limits, even as scientific evidence continues to suggest health harms at ever lower levels of pollution.

EPA Drops Existing Gas Plants From GHG Rule But Eyes Future Measure

EPA is announcing plans to scale back the scope of its pending power plant greenhouse gas standards by removing proposed controls on existing natural gas plants, though the agency is coupling the move with a pledge to tackle those facilities’ emissions as part of a broader multi-pollutant strategy addressing GHGs, criteria pollutants and air toxics.

EPA Readies ‘Imminent’ PFAS Order Under Lagging TSCA Testing Strategy

EPA’s TSCA office is preparing for “imminent” release of a fourth PFAS testing order as part of its strategy for gathering data on the chemicals, while officials wrestle with how to broaden the program’s scope, an EPA toxics official told the agency’s recent closed-door “workshop” on ways to bolster the lagging testing program

–Inside EPA

EPA – Waste Emissions Charge for Petroleum and Natural Gas Systems

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.

Expert Video: School Threat Assessment in Florida

In this video, Dr. Jenn Maeng presents findings from a new technical report on threat assessment. The report examines Florida threat assessment case data from the 2021-2022 school year, highlighting outcomes for over 22,000 cases.

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• 3/8 – Enhancing School Safety Using Behavioral Threat Assessment Webinar
  Hosted by The National Center on Safe Supportive Learning Environments
• 4/4 – Preventing Mass Attacks in Our Communities Webinar Hosted by the U.S. Secret Service National Threat Assessment Center

School Threat Assessment Toolkit

The School Threat Assessment Toolkit, releasing 3/6, offers schools guidance on employing behavioral threat assessment (TA) and management to prevent violence. Developed with input from various experts and organizations, it provides training, implementation, and assessment tools for school TA teams while safeguarding student rights. Learn more here.

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.

The Mining Industry and Reproductive Health: Protecting Pregnant Workers

Mining remains a male-dominated industry: the analytics firm McKinsey estimates that women comprise only 8 to 17 percent of the global mining workforce. Women are more likely to leave this industry before reaching middle management positions and often report being sidelined by their colleagues, struggling to access advanced leadership and technical positions, and having difficulty adapting to company cultures, McKinsey finds. According to a survey of Australian mining industry workers, 35 percent of women respondents had experienced sexist hostility within the past 12 months. OEHS professionals can expect workplace discrimination to affect women in mining in other countries, too.

Read more here.

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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