Welcome to the 15 th Annual VEHS Conference! September 28 th & 29 th Westin Hotel and Conference Center

Transcription

1 Welcome to the 15 th Annual VEHS Conference! September 28 th & 29 th Westin Hotel and Conference Center 1

2 Welcome VMA Members & Guests! Chuck Stiff, EHSS Chairman, Altria (Gold Sponsor) 2

3 Virginia Occupational Safety & Health (VOSH) Regulatory Workshop Chuck Stiff, VMA EHSS Chairman 3

4 Virginia Department of Labor and Industry (VDOLI) Panel: Ray Davenport, Commissioner Bill Burge, Asst. Commissioner Jay Withrow, Director of Legal Services, VPP, and BLS Ron Graham, Director, Health Compliance Jennifer Rose, Director, Safety Compliance Crystal Main, VPP Administrative Lead 4

5 Virginia DEQ Regulatory Briefing Tom Knauer, Thomas E. Knauer, PLLC & Brooks Smith, Troutman Sanders (Break Sponsor) 5

6 Virginia Department of Environmental Quality (VDEQ) Panel: David Paylor, Director James Golden, Director of Operations Jutta Schneider, Water Planning Division Director Melanie Davenport, Water Permitting Division Director Tom Ballou, Director of Air Data Analysis & Planning Angela Conroy, Air Quality Planner 6

7 Thank You To Our Break Sponsors! 7

8 Environmental Regulation Under Trump: A Report Card and What to Expect Introduction: Clay Rohrer, Airline Hydraulics Corp (Silver Sponsor) Presenter: Channing Martin, Williams Mullen, (Silver Sponsor) 8

9 ENVIRONMENTAL REGULATION UNDER TRUMP: A REPORT CARD AND WHAT TO EXPECT Channing J. Martin Williams Mullen 200 South 10 th Street Richmond, VA cmartin@williamsmullen.com (804) September 28, 2017

10 In Case you haven t Noticed > Regulation of the environment is not just about protecting the environment. > Politics. > Special interest group agendas. > Winning elections. > How did we get here? > Major environmental statutes were passed by Congress in 70s, 80s and early 90s. > Since then, the Executive Branch has driven the bus. 10

11 Continued. > Party in power gets to decide what all of those things should say; as politics has gotten more divisive, so too have environmental regulations. > New language is discovered in statutes that allegedly provides authority for agenda-driven rules. > Lots of litigation follows. > Result? Regulated parties get whip-sawed continually, especially from one Administration to the next. > Look no further than the transition we are going through now. 11

12 How Effective Was Obama AT. > Using rule-making, Executive Orders, agency policies and guidance, and other means (a phone and a pen! + Gina McCarthy) to implement his environmental agenda? >A+ 12

13 How About Trump at. > Using rule-making, Executive Orders, agency policies and guidance, and other means (Scott Pruitt) to implement his environmental agenda? > It s early, but >A+ 13

14 What s the Key to Trump Being Effective? > You don t need Congress to get things done when your predecessor didn t need Congress to get things done. > Just reverse what your predecessor did. 14

15 Trump s Toolbox > Roll-back regulations using APA. > Issue Executive Orders. > Use Congressional Review Act. > Ability to propose the federal budget and control the size of federal agencies ( draining the swamp at EPA). > Ability to appoint judges and change positions in litigation. 15

16 Why not just eliminate regs? > Rulemaking is hard. > The Administration can t just rescind a regulation it doesn t like. > A long and winding road that takes a lot of time. > Have to provide substantial justification. > Can t be arbitrary and capricious. > NGOs will do all they can to slow things down and will then file suit. 16

17 Congressional Review Act > A/K/A: The Midnight Regulation Roll-back Act. > What are Midnight Regulations? We re running not walking to the finish line of Obama s presidency. November 9, 2016 EPA Administration Gina McCarthy 17

18 continued As many as 98 final regulations under review at the White House as of November 15 could be implemented. November 27, 2016 Politico 18

19 Obama s Midnight Salvo 1. GHG standards for Medium and Heavy- Duty Engines and Vehicles (10/25/16). Trump elected 11/6/ DOI Venting and Flaring Rule (11/15/16). 3. Renewable Fuel Standard for 2017 and 2018 gasoline and diesel fuel (12/12/16). 4. Final Determination of Mid-Term Evaluation of GHG standards for light duty vehicles (1/12/17). 19

20 Obama s Midnight Salvo 5. Accidental Release Prevention Requirements under the Clean Air Act (1/13/17). 6. Stream Protection Rule (1/19/17). President Trump inaugurated 1/20/17. 20

21 Congressional Review Act > Enacted in 1996 under Clinton Administration. > Used only once before. > Hard to do! Both Houses of Congress must vote to disapprove and President must sign. > Congress must act within 60 legislative days after the regulation is transmitted by the agency to Congress. > If the resolution of disapproval is enacted, the regulation may not take effect and no substantially similar rule may ever be promulgated without new statutory authorization. 21

22 Congressional Review Act > CRA used to disapprove Stream Protection Rule (2/16/17) > Tried to disapprove venting and flaring rule, but vote failed in Senate. > Deadline for using CRA has passed. > What about the other Obama midnight regulations? > All are being reconsidered or already have proposed rules issued to reverse them. 22

23 Trump Executive orders 1/30/17 E.O. set the stage: 1. Prohibited publication of new regulations without Administration approval. 2. Any regulation published, but not yet effective, to be temporarily delayed. 3. Two existing regulations to eliminated for every new regulation proposed. 4. Total incremental costs can t exceed zero. 5. Federal employee hiring freeze. 23

24 Reaction By NGOs? > Challenged by NRDC February 8, 2017 (8 days later) 1. No statute authorizes agencies to withhold a needed regulation based solely on an increase in cost resulting from the regulation; and 2. Agencies may not be forced to repeal regulations already determined to be appropriate through the rulemaking process. 24

25 Trump Executive Orders > Gave greenlight to Keystone and Dakota Access pipelines (1/24/17). > Required agencies to expedite review of high priority infrastructure projects (1/24/17). > Required all agencies to form Regulatory Reform Task Groups and to make recommendations on modifying existing regulations (2/24/17). > Required review and revision of WOTUS Rule (2/28/17). > Required all federal agencies to examine all programs to eliminate duplication and waste (3/13/17). 25

26 Continued > Promoting Energy Independence and Economic Growth : Required all regulations to be reviewed that potentially burden energy industry; disbanded working group on social cost of GHGs; rescinded directive to consider GHGs in NEPA reviews; required review and revision of CPP and venting and flaring rule; eliminated ban on leasing of federal lands for coal mining (3/28/17). > Reversed Obama ban on Artic drilling (4/28/17). > Required reviews of environmental permit applications for major infrastructure projects to be completed within two years of application (8/15/17). 26

27 Other Trump/Agency Actions > EPA announced intent to review and, if appropriate, suspend, revise or rescind CPP (4/4/17). > EPA formed Task Force to make recommendations for Superfund reform; new focus on completion of cleanups (5/30/17). > President withdrew U.S. from Paris Climate Accord (6/1/17). > EPA has delayed effective date of RMP Rule until February, 2019 (6/12/17). > DOI postponed compliance dates for venting and flaring rule pending review of rule (6/15/17). 27

28 Continued > DOI has proposed to rescind Obama rule prohibiting hydraulic fracking on certain federal and Indian lands (7/25/17). > EPA has proposed to vacate WOTUS rule; announced plans to issue replacement by December, 2017 (7/27/17). (Comment period on proposal ends 9/27/17). > EPA announced it is reconsidering Obama Administration s decision not to relax CAFE 52.5 mpg standards for model year light duty vehicles (8/21/17). 28

29 Trump s Budget > April 12, 2017 OMB memo to agencies: Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce > Memo required agencies to submit a plan by 6/30/17 to reform their operations and reduce the size of their workforce. > Eight days later: EPA announced plans for an early buy-out program to achieve workforce reductions (4/20/17). > Two weeks later: Administration s 2018 budget proposes to cut EPA funding by 31% (5/5/17). 29

30 NGO Reaction This isn t a budget it s a road map for the President, EPA Administrator Pruitt and polluters to see that millions of Americans drink dirtier water, breathe more polluted air and don t have enough nutritious food to lead healthy lives. Ken Cook of the Environmental Working Group 30

31 Will Trump s Budget Pass? > The short answer is: Has any President s budget ever passed? > Congress will do its work. > House has passed a budget reducing EPA s budget by 6.6%. > Dems will oppose any decrease. Any negative impact on EPA is a third rail for them. > Can kicked down the road until mid-december. Expect a modest reduction in EPA s budget at best. 31

32 Judiciary/Litigation > Trump will appoint conservative judges at all levels. > Justice Gorsuch a key pick; Kennedy likely to retire in > Hard to remake D.C. Circuit because Obama packed it. > Administration to take new policy positions in ongoing environmental litigation over rules and/or may decline to defend Obama rules. 32

33 The Resistance Fights Back > A Four Step Approach: 1. Convince the public using media and social media that the environment is under attack; 2. Use public sentiment to peel off moderate Senate Republicans; 3. Have states and cities pass new laws and regulations and increase enforcement; and 4. Have states, cities and NGOs sue the federal government over everything (and find sympathetic judges). 33

34 What s Ahead? What are the Take-aways? > The resistance is well-funded and will fight. > Significant litigation a given over rule-making and E.O.s. > EPA will be reduced in size and scope. > What goes around comes around. > Katy bar the door when Dems get back in power. 34

35 Questions? > # v1 35

36 2017 VMA Safety Awards Dr. Victor Gray, Executive Director, Manufacturing Skills Institute (MSI) 36

37 VEHS Safety Award MSI Workforce Solutions Dr. Victor Gray, Executive Director 37

38 2017 VMA Safety Awards through MSI ISRT Last year we had a total of 18, 821 safety courses viewed on line, which was a milestone for us. 1,982 viewers completed the Industrial Safety Readiness Training 119 contractors who participated in the program 15 were gold 7 were silver 11 were bronze

39 MSI Industrial Safety Readiness Training Overview The Industrial Safety Readiness Training (ISRT) program provides the core concepts of safety awareness for industrial workplace training, and an individualized learning plan that addresses the most common hazardous situations faced in the industrial environment. All online available 24/7 Require for contractors coming on site The MSI ISRT goal is to contribute to a reduction in workforce injuries and a higher degree of liability control.

40 Industrial Safety Readiness Training (ISRT) Knowledge Requirements Process/Manufacturing Area Requirements 1. Asbestos Awareness: Understanding the Risk 2. Bloodborne Pathogens: Just the Facts 3. Confined Space Entry: Plan & Prepare 4. Electric Case History 5. HazCom: In sync with GHS 6. Hearing Conversation: Noise Under Control 7. Lockout/Tagout: Make No Mistake 8. PPE: Inspect & Respect 9. Slips, Trips, & Falls: Split Second Safety Non- Process/Manufacturing Area Requirements 1. Bloodborne Pathogens: Just the Facts 2. HazCom: In sync with GHS 3. Portable Fire Extinguishers: Protecting People And Property 4. PPE: Inspect & Respect 5. Stairways and Ladders

41 Does requiring the MSI ISRT Improve Safety? Every company wants to send its workers home in the same condition in which they arrived if not even better, after an active day of satisfying work that stimulates the mind and the body.

42 2017 VMA Safety Awards Criteria No Significant recordable injury or illness to VOSH In addition, we track contractor performance and assign them to Gold, Silver or Bronze levels. Those who have achieved Gold Level did so by committing 75% or more of their qualified workers to successfully complete the ISRT on an annual basis. Silver Level is a 50% or more commitment. Bronze Level is a 25% or more commitment. Gold winners receive one year free membership to the Virginia Manufacturers Association

43 2018 VMA Chairman's Award The Virginia Manufacturers Association views these awards as an important way to promote worker safety Complete the VMA Chairman s Safety Award Application Must have 75% of employees confirmed to have been certified with the ISRT by MSI(Gold Level) No significant recordable injury or fatalities due to unsafe conditions on the worksite as reported by VOSH Winners will be posted on line

44 2018 VMA Chairman's Award The final award recipients will be determined based upon their applications to the VMA Safety Committee judges. The judges will look for sound safety program elements, including: Management commitment Employee participation Incident investigation Safety planning Management review/implementation Risk assessment

45 2017 VMA Safety Award Winners And now congratulations to our Safety Award Winners for 2017

46 Colonial Webb Elite Force Staffing Eagle Fire Inc. Centimark D & D Mechanical CSE Inc. Konecranes Alliance Material Handling Inc. Contact Switchgear Service Seal Specialists Brown & Root 2017 Bronze Winners

47 2017 Silver Winners WO Grubb Emlex Construction MPW Industrial Services Central York Corporation Lewis Brothers Industrial Flooring Rebound Industrial Maintenance Carlton Scale

48 Aggreko Four Square Industrial Contractors Rudy L Hawkins Electrical Contractor SW Funk Construction Cranemasters Scaffolding Solutions Thompson Industrial Services Insulation Specialties, INC ISI Arrowhead Environmental Macroseal Mechanical Timmons Group Cooper & Claiborne Construction Gallagher Lawn Service Total Safety Matthews Construction Co Gold Winners

49 Safety Resources MSI ISRT contractors can be viewed on the VMA website at: Jody Steele is your MSI Training Consultant for ISRT:

50 Closing Comments & VMA Sustainability Reception Brett Vassey, President & CEO, VMA 51

51 VEHS Platinum Sponsors 52

52 VEHS Gold Sponsors 53

53 VEHS Silver Sponsors 54

54 VEHS Bronze Sponsors 55

55 VEHS Break Sponsors 56