Regulatory Freeze Puts EPA and DOT Rules on Ice Until March 21

In response to an Executive Memorandum issued on January 20 that ordered the heads of Federal agencies to delay the effective date of any new regulations for 60 days, US EPA today published a list of regulations subject to the “regulatory freeze.”

In today’s Federal Register, US EPA named 30 rules for which the effective date has now been extended until March 21, 2017.  

Among the new EPA Final Rules “frozen” until March 21 are: 

• Revisions to the Clean Air Act Risk Management Plan (RMP) accident prevention and reporting requirements for chemical facilities.  
• A number of Clean Air Act State program approvals and other actions on state plans.
• EPA’s bolstered certification and training rules for pesticide applicators under FIFRA.

See the full list in today’s Federal Register here.
 

DOT and Hazmat Rules Affected by the Regulatory Freeze

The executive memo to freeze new regulations until March 21 will also impact a number of US DOT rules finalized in recent weeks.

Notably, the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) has already withdrawn its hazmat harmonization rule HM 215N until further notice in response to the executive memo. It was scheduled to be published as a Final Rule in the Federal Register today, January 26.  Final Rule HM 215N included revised standards for shipping lithium batteries, such as the adoption of a new Class 9 label and a new lithium battery marking.

DOT Final Rules affected by the “regulatory freeze”—those with an effective date between January 20 and March 20—include:
 

• New minimum training standards for Commercial Driver’s Licenses (CDL), including standards for obtaining a hazardous materials endorsement from the Federal Motor Carrier Safety Administration (FMCSA)  
• Amended Federal Rail Administration (FRA) regulations governing the hiring, training, and transfer of railroad police officers
• A number of Federal Aviation Administration (FAA) airspace rules, airworthiness directives for airplanes

The effective date for these Final Rules will now also be extended until March 21, 2017.
 

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Tags: Act, Air, Clean, DOT, EPA, hazmat shipping, new rules