IHMM Today October 24, 2023

IHMM Board Election Underway

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.

NIOSH CA 2023-1067 – Effective Immediately: Voluntary Rescission of 19 Honeywell International, Inc. Approvals

The National Institute for Occupational Safety and Health (NIOSH) has honored a request by Honeywell International, Inc. to voluntarily rescind 19 NIOSH respirator approvals issued to Honeywell International, Inc.

As of October 19, 2023, any respirator marked with a NIOSH approval label with the below approval numbers are no longer NIOSH approved. The NIOSH Certified Equipment List no longer includes these approval numbers:

14G-0264           14G-0265           14G-0267           14G-0272

14G-0297           84A-4188            84A-4189            84A-4190

84A-4372            84A-4373            84A-4378            84A-4387

84A-4388            84A-4710            84A-5159            84A-5160

84A-5163            84A-5224            84A-5667

The complete text of NIOSH CA 2023-1067 may be read at https://www.cdc.gov/niosh/npptl/resources/pressrel/letters/respprotect/CA-2023-1067.html

NIOSH CA 2023-1068 – Effective Immediately: Voluntary Rescission of 30 Dentec Safety Specialists Corp. Approvals

The National Institute for Occupational Safety and Health (NIOSH) has honored a request by Dentec Safety Specialists Corp. to voluntarily rescind 30 NIOSH respirator approvals issued to Dentec Safety Specialists Corp.

As of October 20, 2023, any respirator marked with a NIOSH approval label with the below approval numbers are no longer NIOSH approved. The NIOSH Certified Equipment List no longer includes these approval numbers:

23C-0264            23C-0266            23C-0268            23C-0270

23C-3306            84A-0905            84A-0907            84A-0909

84A-0911            84A-0944            84A-0946            84A-0948

84A-0950            84A-0952            84A-2011            84A-2012

84A-2568            84A-2569            84A-2570            84A-2571

84A-2572            84A-5282            84A-5283            84A-5284

84A-5285            84A-5286            84A-7843            84A-7845

84A-7847            84A-7849

The full text of NIOSH CA 2023-1068 may be found at: https://www.cdc.gov/niosh/npptl/resources/pressrel/letters/respprotect/CA-2023-1068.html

EPA Poised To Issue PFAS TRI Rule On Heels Of TSCA Reporting Mandates

EPA is poised to issue its final rule that is expected to eliminate a Trump-era reporting exemption under the Toxics Release Inventory (TRI) for de minimis amounts of PFAS, paving the way for EPA to significantly expand the reporting of such releases just weeks after issuing wide-ranging TSCA reporting mandates for PFAS that industry fears will impose heavy new burdens.

The White House Office of Management & Budget (OMB) on Oct. 17 cleared EPA’s final TRI rule changing reporting requirements for per- and polyfluoroalkyl substances (PFAS) and made changes to supplier notifications for “chemicals of special concern” (CSC).

The rule had been under OMB review since Aug. 7, and EPA in court filings in a lawsuit filed by environmentalists has said it expects to finalize the measure by Nov. 30 — the deadline for the rule to be in effect for the 2024 reporting cycle.

OMB cleared the rule, “consistent with change.”

At press time, it was unclear what changes OMB made to the rule.

But if the final rule mirrors the proposed version, it will reflect, along with EPA’s recent Toxic Substances Control Act (TSCA) section 8(a)(7) PFAS reporting rule, a significant boost in the amount of regulatory reporting industry will need to do related to PFAS.

The TSCA rule, published in the Federal Register Oct. 11, imposes a one-time reporting requirement in 2025 for various uses of PFAS that are subject to TSCA going back to 2011.

–Inside EPA

EPA Finds 11 States’ Ozone Plans Missing, Starting Clock For Sanctions

EPA is issuing formal findings that 11 states have failed to submit air quality plans to meet federal ozone limits required by the Clean Air Act, triggering a two-year deadline for the agency to issue its own rules for the affected regions, partially in response to a recent lawsuit filed by environmental groups seeking to force that action.

In a Federal Register notice scheduled for publication Oct. 18, EPA says it is making final determinations that Arizona, California, Connecticut, Delaware, Illinois, Indiana, Michigan, New Jersey, Nevada, Texas, and Wisconsin failed to submit the required plans.

Specifically, the action deals with areas that were initially designated in “marginal” nonattainment with EPA’s 2015 ozone national ambient air quality standards (NAAQS) — a finding that gave them three years to reach attainment.

But after each of the 11 failed to make that leap by the deadline, EPA reclassified the areas to “moderate” nonattainment, triggering a mandate to craft state implementation plans (SIPs) containing specific measures to reduce ozone-forming pollution by Jan. 1 of this year.

The states’ failure to submit the required SIPs now means EPA has two years to directly impose federal implementation plans (FIPs) for each state that does not submit — and win agency approval for — an acceptable SIP in the meantime.

–Inside EPA

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.

House Democrats Ready WOTUS Bill To Reverse ‘Damage’ Of Sackett Ruling

House Democrats are set to unveil new legislation that will aim to restore federal protections to waters and wetlands excluded from the definition of “waters of the United States” (WOTUS) by the Supreme Court’s Sackett v. EPA decision, as observers say Congress will eventually need to amend the Clean Water Act (CWA) to resolve ambiguities left by Sackett.

Democrats on the House Transportation & Infrastructure Committee (T&I) issued an Oct. 16 media advisory that they would host an Oct. 18 press conference unveiling new legislation backed by more than half of their caucus that “would undo the damage of the Supreme Court’s dangerous Sackett decision.”

While it is unclear as yet what precise standard their bill would apply, the advisory says it “undoes the damage from the Supreme Court Sackett decision by reinstating the historic and bipartisan, federal-state partnership that has protected our rivers, streams, and wetlands for over 50 years; establishing a clear, level playing field for businesses and industries to thrive while protecting our precious natural resources; and ensuring clean water for our families and future generations.”

The bill will be introduced by Rep. Rick Larsen (D-WA), ranking member on the T&I committee; Rep. Grace Napolitano (D-CA), ranking member of the T&I Subcommittee on Water Resources and Environment; Rep. Don Beyer (D-VA), Rep. Melanie Stansbury (D-NM), and “over a hundred House Democrats,” the release says. It further notes that Oct. 18 will be the 51st anniversary of the CWA’s passage.

–Inside EPA

It’s Not as Easy as It May Appear: Bringing Sustainable Chemistry to Market in the U.S.

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.

• Committees’ opinions on restrictions

• Submission of 1,4-dioxane restriction report postponed

• Consultation on harmonised classification and labelling

• List of notifications updated

• Commission proposes measures to reduce microplastic pollution from plastic pellets

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