Post-Holiday EH&S Wrap-up Blog

Posted on 12/27/2021 by Roger Marks

We hope that you're having a wonderful holiday season, and that all of the lithium battery-powered, dry-ice-cooled, and alcohol-infused gifts and gadgets you wished for arrived safely to your home and were exactly what you wanted. 

To help you maximize the time you spend celebrating the last few days of 2021, Lion News wrapped up the most impactful updates and insights from the holiday week into one big package, and tied it with a bow. Tear into it. 

Updated Lithium Battery Guidance Released

The International Air Transport Association (IATA) released an updated Lithium Battery Guidance Document for 2022. View the 2022 Lithium Battery Guidance Document (IATA).
Up-to-date dangerous goods training and resources are a must for lithium battery shippers who want to start 2022 strong. As of January 1, 2022, lithium battery air shippers must comply with significant revisions in IATA's Dangerous Goods Regulations (DGR) that impact batteries shipped separately (i.e., not with- or in-equipment),

These are must-know updates for lithium battery shippers who use IATA Packing Instruction 965, 966, 968, or 969 to ship batteries solo. 

Lion's Shipping Lithium Batteries training is updated to cover what you need to know to ship lithium batteries by air, safely and in compliance, in 2022. 

OSHA Vax-and-Test Enforcement Could Start January 10

The US Court of Appeals for the Sixth Circuit dissolved the stay placed on OSHA's so-called "Vax-or-Test" emergency temporary standard (ETS), a new regulation that requires large employers to implement and enforce workplace vaccination and testing requirements for employees.

Citing potential uncertainty created by legal proceedings against the ETS, OSHA announced that they will not cite employers for noncompliance with any of the requirements of the ETS before January 10, and will not cite employers for noncompliance with testing requirements before February 9, provided that the employer is making reasonable, good faith efforts to comply.  

On January 7, 2022 the US Supreme Court will hear one hour of arguments concerning the OSHA Vax-or-Test ETS and an earlier rule concerning employee vaccination in healthcare settings that receive government funding. 

Safety+Health has more on the upcoming Supreme Court session. 

DOJ on Incarceration of Individuals for Environmental Crimes

An official from the Department of Justice’s Environmental and Natural Resources Division made it clear that DOJ will target individuals who commit environmental crimes as part of a robust enforcement effort.  
"Only individuals can go to jail, and we have found that criminal corporate accountability starts with accountability for individuals responsible for criminal conduct."

Tony Kim, Asst. AG
Remarks at the ABA National Environmental Enforcement Conference (12/14/21)
The comments were included in a keynote speech delivered to the National Environmental Enforcement Conference, held virtually by the American Bar Association on December 14–15.

Read more: DOJ Sounds Warning on Environmental Enforcement

RCRA Rule Updates: Oregon and Texas

Two states made strides toward overhauled hazardous waste regulations in recent weeks.

Oregon finalized a rule to adopt EPA's Generator Improvements as well as other significant updates to the RCRA regulations, like new management standards for hazardous waste pharmaceuticals (HWP) and adding aerosols as a universal waste. The new rules take effect on January 1. 

In Texas, the TCEQ now anticipates approval and publication of a rulemaking to update its hazardous and industrial waste regulations in late January. The effective date for major updates planned in Texas is February 3, 2022. 

Army Corps of Engineers Reissues Clean Water Act NWPs

On 12/27, the US Army Corps of Engineers reissued the remaining 40 existing Nationwide Permits or NWPs under the Clean Water Act, as well as one new NWP.

In an earlier rulemaking (January 2021) the Corps of Engineers reissued 12 out of 52 existing NWPs, issued four out of five proposed new NWPs, and issued general conditions and definitions. A Clean Water Act NWP authorizes activities shown to have minimal environmental effect, while requiring compliance with some basic environmental controls.

Lion's 2022 Training Schedules Now Available!

What better time than the last days of the year to browse Lion's schedule of in-person workshops and live, expert-led webinars? Find training that fits your schedule and learning style, and be confident you know the latest rules and restrictions that apply to your operations in the New Year. 

Easy Access Hazmat & RCRA Webinars

Join full time Lion instructors for one- or two-day training to help satisfy US DOT (HMR) and US EPA (RCRA) training mandates for hazmat shippers and hazardous waste professionals. 

In the first week of January, Lion presents: 

RCRA Hazardous Waste Management January 4–5
Recurrent Hazmat Ground Shipper Certification (DOT)  January 5
Hazmat Air Shipper Certification (IATA)  January 6
See the full 2022 Webinar Schedule at for more DOT and RCRA training, plus the Shipping Lithium Batteries webinar, state hazardous waste training for California, New York, and Texas, and the Complete Environmental Regulations webinar. 

Live, Collaborative Workshops

In March 2022, Lion returns to Texas and California to deliver hazardous materials shipping and hazardous waste management workshops

Tags: Clean Water Act, COVID-19, environmental compliance, generator improvements rule, lithium batteries

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