IHMM Today October 17, 2023

IHMM is conducting an election for two [2] seats on its Board of Directors that began on October 3, 2023 and ending on November 3, 2023.

The two seats are [1] At-Large seat, and [1] CSMP seat. Certificants are asked to cast ballots for 1 of the 2 At-Large candidates, and for 1 CSMP candidate.

Below are the candidates for these two seats. Every IHMM certificant in good standing will receive an email ballot with an individually numbered code to cast their ballots.

Melissa Hamer, CHMM – At Large seat

Ms. Hamer was elected to a four-year term beginning in 2020 to the Institute of Hazardous Materials Management’s (IHMM) National Board of Directors. She was elected to the IHMM Board’s Executive Committee in December 2020 and serves as the Board Secretary. The IHMM certifies and manages multiple hazardous and dangerous materials and occupational safety and health credentials. She is also a regular speaker on environmental law including PFAS topics, administrative laws and procedures, and on construction and insurance law issues.

Ms. Hamer has been a Certified Hazardous Materials Manager (CHMM) since 2010 as accredited under ANSI/ISO/IEC 17024, the International Standard for Personnel Certification Programs and The Council of Engineering and Scientific Specialty Boards (CESB). She also is an environmental professional, as defined in the ASTM E1527 standard for environmental and real estate due diligence and under the U.S. EPA’s guidance.

Read more about Melissa Hamer, CHMM

Sarath Seneviratne, CHMM – At Large Seat

I care deeply about IHMM’s future. I believe no other candidate brings the wealth of detailed knowledge and specific work experience I have. This insight would be uniquely valuable to the Board. I sincerely hope you will do me the honor of electing me to serve this incredible and worthy mission. My first term serving on the Board of Directors has been educational, inspiring, and hugely motivational to stay involved with IHMM. If elected to a second term. I’d like to faci litate the translation of the IHMM’s mission into concrete ideas and actions.

Read more about Sarath Seneviratne.

Dan Blankfeld, CSHM, CSMP, CPPS – CSMP Seat

Dan Blankfeld, CSHM, CSMP, CPPS, is Vice President of Safety, GIC Madison / CBG Building Company of Silver Spring, Maryland.

Dan has served on two IHMM committees as Chair, Professional Standards, and Microcredential. Dan served previously on the ISHM board of directors as vice chair. He also serves on the NFPA 241 Committee, and previously chaired the DC metro ABC Safety Committee, the DCMSA Safety Committee, served on the Montgomery County (MD) Volunteer Fire Rescue Association Board of Directors and is an active professional member of the ASSP.

Dan also currently serves as the Deputy Fire Chief of the Bethesda Fire Department.

Read more about Dan Blankfeld

Call for Volunteers: CSMP Scheme Committee

The IHMM Certified Safety Management Professional (CSMP) Scheme Committee has an immediate vacancy for volunteers.

Participation in the Committee requires that members attend virtual meetings and participate in teleconferences to work on test development activities such as item writing, and technical review of the items. We will soon begin the Modified Angoff standard-setting procedure to determine the cut score for the CSMP exam. All committee members will receive training. Members of the committee are required to hold confidential all exam-related information and may not be involved in activities that train or prepare candidates for any IHMM examination(s) or be willing to cease such activities for the duration of service on the Committee and for five (5) years thereafter. Committee membership is awarded in 2-year increments.

The Committee meets via teleconference and the web, and it will take approximately 20 hours of participation on an annual basis, and at times work on individual assignments. The teleconference and web meetings range from 1-2 hours in duration.  If you would like to contribute to the continued vitality of the Institute and the CSMP credential, you will earn 10 certification maintenance points (CMPs) per year toward your recertification for your participation on the committee, and an additional 10 CMPs for participating in the Modified Angoff procedure. The test development policies and procedures are based upon professionally recognized psychometric principles and on the accreditation body(ies) standards by which IHMM is accredited or recognized.

If you are interested, please send your resume and a cover letter to M. Patricia Buley at [email protected]. Please put the CSMP Scheme Committee in the subject line.

The application deadline for this opportunity is Friday, November 10.

National Safety Council Congress & Expo

Visit IHMM at Booth 1015 and say hello to IHMM Executive Director Gene Guilford

New Orleans, LA

October 23-25, 2023

FET Annual Conference

Visit IHMM at Booth 5 and say hello to Board Chair Bill Diesslin

Milwaukee Marriott West

October 31-Nov 2, 2023

IHMM Organizing Broader Government Affairs Activities – Call for Volunteers

In strategic planning on August 17, 2023 IHMM created a strategic imperative to create a broader government affairs operation on behalf of, and with the assistance of, all of IHMM’s certificants.

On August 29, 2023 IHMM’s Executive Director made a presentation of this strategic imperative to the AHMP annual conference. Here is what IHMM intends to organize over the next few months:

• Federal Government  – Regulatory. We need a group of people watching Federal regulatory developments to advise when taking action can be helpful and raise our visibility in the agencies.

• Federal Government – Congress. We need a group of people watching legislation to advise us when taking action can be helpful and raise our visibility in Congress.

• State Governments  – Regulatory. We need a group of people watching state regulatory developments to advise when taking action can be helpful and raise our visibility in the agencies.

• State Governments – Legislatures. We need a group of people watching legislation to advise us when taking action can be helpful and raise our visibility in state legislatures.

If you want to make a difference in the recognition of your credentials and build on the successful record we have achieved thus far – we need you to volunteer. Please see > https://ihmm.org/join-the-government-affairs-committee/  and get involved with government affairs. You can volunteer for one, two, three or all four of the segments of the committee’s work. That’s up to you!

The full presentation may be viewed here.

High Court’s Grant Of ‘Takings’ Case Ratchets Up Focus On Regulatory Limits

The Supreme Court’s announcement this week that it will hear a case seeking to expand limits on “regulatory takings” through permit conditions has broadened what was already shaping up to be a pivotal term for the future of rulemaking authority at all levels of government, court watchers say.

Sheetz v. County of El Dorado, which the justices took up in their Oct. 10 orders, tests whether state and local laws that attach monetary fees and other conditions to permit approvals must show an “essential nexus” and “rough proportionality” to the impacts a community is likely to face from granting the permit — for instance, the cost of connecting a new house to the public water system.

High court precedent already requires that analysis for regulators’ decisions on individual permits as part of the Constitution’s requirement that any “taking” of personal property come only through due process of law, but that standard — known as “Nollan Dolan” after two cases that expressed it — does not yet apply to laws that set fees on entire categories of land-use permits or similar actions.

Several attorneys have already written that if the justices side with petitioner George Sheetz — who is contesting a $23,420 “exaction” the county government of El Dorado, CA, required him to pay as a condition of approving a permit to build a single-family home on land he owns — it would further cement their efforts to rein-in limits on land use and regulatory power more broadly.

–Inside EPA

Minnesota and Missouri Prepare to Adopt Hazardous Waste Generator Improvement Rules in 2024

On November 28, 2016, the Federal Register (FR) recognized the EPA Administration for signing the final Hazardous Waste Generator Improvements Rule. This rule clarifies hazardous waste generator regulations which provides flexibility to waste generators regarding how waste is managed. To this day, the EPA continues to bridge important gaps to consistently improve the rules along with strengthening environmental protection amongst communities.

As more states decide to implement the Hazardous Waste Generator Improvement Rule, Clean Earth is committed to supporting waste generators by providing monthly updates on the rulemaking status.

Read more >> https://www.cleanearthinc.com/news/minnesota-and-missouri-prepare-adopt-hazardous-waste-generator-improvement-rule-2024 utm_campaign=2022%20Newsletters&utm_medium=email&_hsmi=276803791&utm_content=276805612&utm_source=hs_email

Final Rule HM-264A: Suspension of LNG by Rail

On September 1, PHMSA published the final rule “HM-264A: Suspension of HMR Amendments Authorizing Transportation of Liquified Natural Gas by Rail,” which temporarily suspends the July 2020 rule allowing the transportation of liquified natural gas (LNG) by tank car. The suspension, in coordination with the Federal Railroad Administration (FRA), will ensure no rail tank car transports LNG before June 30, 2025 or when updated research on safety and the revised rulemaking are completed, whichever is earlier.

This suspension will minimize potential risks to public health, safety and the environment. Since 2021, when the proposed suspension was posted for public comment, it has received more than 10,000 public comments, showing widespread support. The suspension will give time for PHMSA, in conjunction with the National Academies of Sciences and Engineering as well as our Canadian regulator counterparts, to complete critical research on transporting cryogenic liquids like LNG (and hydrogen) by rail more safely. This research is expected to conclude in the next year or so and will inform future federal safety regulations from PHMSA and the FRA.

This final rule is effective October 31, 2023.

Notice of Public Meeting: Lithium Battery Air Safety Advisory Committee

The Lithium Battery Air Safety Advisory Committee will be meeting on November 2, 2023, from 9:00 AM to 5:30 PM EDT, at DOT Headquarters in Washington, DC (1200 New Jersey Avenue SE, West Building). The final agenda will be posted on the Lithium Battery Air Safety Advisory Committee website at least 15 days in advance of the meeting.

This meeting is open to the public, including a virtual option. Requests to attend the meeting, to speak during the meeting, or to submit written materials to be reviewed during the meeting must be sent by October 18, 2023, either via email ([email protected]) or to the contacts listed in the Federal Register notice below.

Federal Register notice: https://www.federalregister.gov/documents/2023/10/03/2023-21883/lithium-battery-air-safety-advisory-committee-notice-of-public-meeting?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list

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

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 standards incorporated by reference, among others.

The public comment period for this ANPRM has been extended, in response to a request from the American Short Line and Regional Railroad Association. Comments are now due by December 4, 2023. For questions, please contact Mr. Eamonn Patrick at [email protected].

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

In June, 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 has been extended, in response to a request from the American Short Line and Regional Railroad Association. Comments are now due by October 27, 2023. For questions, contact Dirk Der Kinderen at (202) 366-8553.

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.

OSHA – Extended Comment Period for Proposed Rule: Worker Walkaround Representative Designation Process

The Occupational Safety and Health Administration (OSHA) has extended the comment period on its August 31, 2023 proposed rule regarding who can be authorized by employees to act as their representative to accompany compliance officers during physical workplace inspections.

Interested parties now have until November 13, 2023, to submit comments electronically at regulations.gov, which is the Federal eRulemaking portal. All submissions must include the agency’s name and docket number for this rulemaking (Docket No. OSHA-2023-0008). For more information, please see the Federal Register notice

EPA Sends Final CWA ‘Worst Case’ Chemical Spill Rule For OMB Review

EPA has sent for White House review its final version of a proposed Clean Water Act (CWA) rule that would require facilities that keep hazardous substances in above-ground tanks to plan for “worst case discharges” of those materials, putting it on track to meet a settlement deadline with environmentalists that requires final action by next year.

According to the White House Office of Management and Budget (OMB) website, it received the final rule on Oct. 11. OMB’s review process is usually targeted for 90 days, but can take much more or less time depending on the policy at issue.

As proposed last year, the CWA rule would set first-time requirements for certain larger facilities near navigable waters to develop facility response plans (FRPs) for worst-case chemical spills and discharges — a step Congress directed EPA to take in the 1990 CWA amendments but which the agency delayed for decades, leading to two separate lawsuits by environmentalists.

It ultimately agreed to a settlement requiring it to first propose a rule by March 12, 2022, and then take final action on the proposal 30 months after publication in the Federal Register. EPA appears to be aiming to beat that target, which would fall in September 2024; its summary of the rule says it plans to release a final version in the spring.

–Inside EPA

DOD Warns Congress Of Mission-Critical Impacts If PFAS Is Restricted

The Defense Department (DOD) is telling Congress that PFAS is a vital component in many technologies and articles it relies on for national security, warning in a new report of the risks to the defense industrial base that emerging, “overly broad” PFAS regulations pose.

The report — which outlines the mission-critical uses of per- and polyfluoroalkyl substances (PFAS) in nearly all of DOD’s weapon systems, as well as in munitions, semiconductors and lithium-ion batteries and other products — could aid industry in making the case for allowing continued PFAS use in many applications even as EPA moves to limit manufacture of the chemicals under the Toxics Substances Control Act (TSCA) and other environmental laws.

DOD in the report warns of the unintended impacts of emerging, unpredictable environmental regulations for PFAS and cautions both Congress and EPA against “taking a broad, purely ‘structural’ approach to restricting or banning PFAS.”

“DoD is reliant on the critically important chemical and physical properties of PFAS to provide required performance for the technologies and consumable items and articles which enable military readiness and sustainment,” DOD says in its “Report on Critical Per- and Polyfluoroalkyl Substance Uses,” submitted to the House and Senate Armed Services committees. The report, dated August, was recently posted to DOD’s website.

“Losing access to PFAS due to overly broad regulations or severe market contractions would greatly impact national security and DoD’s ability to fulfill its mission, and impact domestic defense industrial base manufacturing and supply.”

–Inside EPA

EPA Will Hold Virtual Training On High Throughput Toxicokinetic Modeling In November 2023:

EPA will hold a two-day training on its high throughput toxicokinetic (HTTK) R package as part of its New Approach Methods (NAM) Training Program:

• Day 1: Presentation and demo: Wednesday, November 8, 2023, 10 a.m. – 12 p.m. (EST); and
• Day 2: Expert-led hands-on learning activity: Thursday, November 9, 2023, 10 a.m. – 12 p.m. (EST).

EPA’s goal for the two-day training is to familiarize those engaged in chemical exposure assessment, including researchers, regulators, and health and environmental safety professionals, with EPA’s generic and open-source models and data for toxicokinetic, including reverse dosimetry and physiologically based pharmacokinetic (PBPK) modeling for internal dose calculation.

EPA Proposes To Amend General Provisions For NESHAP:

On September 13, 2023, EPA proposed to amend the General Provisions for National Emission Standards for Hazardous Air Pollutants (NESHAP) to address applicability and compliance issues resulting from the addition of a compound to the list of hazardous air pollutants (HAP) under the Clean Air Act (CAA). 88 Fed. Reg. 62711. According to EPA, this action focuses on issues related to newly applicable standards for sources that become major sources solely from the addition of a compound to the CAA HAP list. This action also includes a discussion of the impacts of a newly listed HAP on the federal operating permit program. Comments are due November 13, 2023.

EPA Issues Phase II FOIA Final Rule:

EPA issued on September 14, 2023, its Phase II Freedom of Information Act (FOIA) final rule updating and modernizing EPA’s FOIA regulations. 88 Fed. Reg. 63020. According to EPA’s September 7, 2023, press release, the final rule “promote[s] transparency and accountability, make[s] FOIA more affordable, and expedite[s] access to information to communities potentially experiencing disproportionate and adverse human health or environmental effects.” The final rule establishes a new standard, in addition to the existing “compelling need” standard, for expediting EPA’s response to FOIA requests for records when there is a pressing need to inform a community that is potentially experiencing disproportionately high and adverse human health or environmental effects. EPA will also waive fees for such FOIA requests. The final rule removes barriers by raising the threshold for when requesters will be charged fees, benefiting all requesters, as well as making other changes to bring EPA’s fee rates and other regulatory provisions into compliance with the FOIA statute, government wide policy, and relevant case law. Additionally, EPA updated the FOIA fee rates and will no longer charge any fees to a requester if the Agency accumulates less than $250 of chargeable fees. The final rule will be effective November 13, 2023.

• ECHA to prepare restriction proposal on chromium (VI) substances
• Registration extended: Online training SPC-IUCLID for industry users
• Poison centre notifications: ensuring compliance for industrial use mixtures
• RAC opinion on the scientific evaluation of occupational exposure limits
• A new study identifies models and tools for computational safety assessment of nanomaterials

Pipeline Safety Research and Development Forum 2023 – Registration OPEN 8/8-10/20

The mission of the Pipeline and Hazardous Materials Safety Administration (PHMSA) is to protect people and the environment by advancing the safe transportation of energy products and other hazardous materials that are essential to our daily lives. In helping with this advancement, PHMSA Pipeline Safety Research and Development (R&D) Forum is held periodically to generate a national research agenda that identifies technical challenges, fosters solutions to improve pipeline safety and protect the environment, and provides a venue for information exchange among key stakeholders, including the public, states, other federal agencies, industry, and international colleagues. The meeting and forum are open to the public; those who wish to attend must register on the meeting website, including their names and organizational affiliation.

The forum will be held October 31–November 1, 2023, from 8:00 a.m. to 4:30 p.m. Online preregistration are open on Tuesday, August 8, 2023, and close on Friday, October 20, 2023. The forum will be held in person at the Westin Crystal City Reagan National Airport, 1800 Richmond Highway, Arlington, Virginia 22202. There will be a webcast of the opening remarks, including the technical presentations on Day 1.

The full agenda will be updated on the meeting website below. Day 1 will start with technical presentations, followed by five working group breakout sessions. Day 2 will have continued working group sessions, finishing up with brief out presentations from each working group to wrap up the forum.

FRN Link: https://www.federalregister.gov/documents/2023/08/07/2023-16802/pipeline-safety-pipeline-safety-research-and-development-forum

2023 PMSA R&D Meeting Registration Link and website: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=166

Crystal City Hotel Link: Book your group rate for Reservation Link for US DOT – 2023 R&D Forum October 30 – November 2, 2023

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.

• 2023 Accomplishments and 2024 Priorities

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

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 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]

National Safety Council Congress & Expo

Visit IHMM at Booth 1015 and say hello to IHMM Executive Director Gene Guilford

New Orleans, LA

October 23-25, 2023

FET Annual Conference

Visit IHMM at Booth 5 and say hello to Board Chair Bill Diesslin

Milwaukee Marriott West

October 31-Nov 2, 2023