Page 20 - sept-oct 2021

2021 Q3 90-Day Criticals

Infrastructure Package Gains NPGA Opposes New
Momentum, Faces Hurdles OSHA Label Proposal

ISSUE ISSUE
In late June, the Biden Administration held a press conference The Hazard Communication Standard (HCS)
with a bipartisan group of 21 Senators to announce a preliminary under the Occupational Safety & Health
agreement between the White House and Senate on an Administration (OSHA) is the regulation of
infrastructure package. While the package details are currently hazardous materials labeling and handling
under negotiation, the agreement on a framework and funding as well as related employee training.
levels marks a significant step towards an infrastructure deal later Recently, OSHA proposed new changes to
this year. During the announcement, stakeholders suggested the HCS labels, which were overhauled in
negotiations could conclude by late July, giving Congress 2012 to align with international shipping
two months to consider the bill before the current surface standards. Today, OSHA proposes to codify
transportation reauthorization expires at the end of September. a Memorandum of Understanding between
However, partisan differences were immediately apparent,
as President Biden suggested that a bipartisan infrastructure the agency and the U.S. Department of
bill would need to be accompanied by a Democratic-led Transportation (DOT) regarding HCS labels
reconciliation package that would serve as a vehicle for partisan on bulk containers, like cargo tanks. OSHA
priorities, including components of the Green New Deal, tax also proposes to revise HCS labels to feature
increases, and voting law changes. The Biden Administration a “Released for Shipment” date as well as
quickly walked back these comments suggesting a bipartisan bill modify the wording for flammable gases
could move without a reconciliation bill. The future of a broad in the Prevention and Response categories
infrastructure deal remains uncertain. relative to possible ignition sources. If
The propane industry faces a number of opportunities and finalized as proposed, propane businesses
challenges in the next infrastructure bill, including the Clean may be required to relabel containers with
Corridors Program, a grant funding program for the installation of a new Released for Shipment date at each
alternative fuel refueling infrastructure. Additionally, several of filling.
the policies moved in a reconciliation package could significantly
impact the future of the industry. ACTION
ACTION NPGA urged the agency to eliminate or adjust
For more than two years, NPGA has worked with Congressional language in the proposal to avoid confusion
Committee stakeholders involved in the next surface and unnecessary burden on propane
transportation reauthorization. The Association successfully companies, like adding a Released for
added propane to the Clean Corridors Program in the Senate Shipment component on HCS labels. NPGA
EPW Committee’s bipartisan package, which will likely be part argued that the supply chain for products
of the upcoming Biden plan. That said, due to the new political like propane experiences significant turnover
dynamic, propane and natural gas were removed from the and the shipment date would not provide a
program on the House side after being added to H.R. 2 last year safety benefit to employees. NPGA also led
during the 116th Congress. NPGA has also engaged a broad a coalition of hazardous materials industries
group of Congressional stakeholders on the environmental to clarify the roles and requirements of
and economic benefits of propane to counteract misguided OSHA’s HCS labels and the labeling, marking,
policy proposals like the Green New Deal. The Association has and placarding requirements of DOT.
deployed a targeted advocacy strategy, which focuses on five
key infrastructure areas: Alternative Fuel Tax Credits, clean OUTLOOK
school bus funding, the Clean Corridors Program, resiliency and NPGA filed to testify before OSHA at an
combined heat and power, and renewable propane. upcoming informal hearing on the proposal
OUTLOOK to present opportunities to streamline
NPGA’s continuous engagement with Congressional offices the regulation and minimize impact on
on these priority issues and the deployment of additional the propane industry. OSHA will finalize
resources, like PropanePAC contributions, will help secure a any modifications to HCS after the agency
favorable outcome for the propane industry in the next surface evaluates information shared through the
transportation bill. While both parties are engaged in good faith hearing as well as the initial response to the
negotiations, narrow margins and ideological differences could proposal.
slow or derail the process.

20 Alabama Propane Gas Association | September / October 2021