DOT, EPA, and OSHA Post Spring Regulatory Agendas in Today’s Federal Register

Today’s Federal Register includes Semiannual Regulatory Agendas from the US Department of Transportation, Environmental Protection Agency, Department of Labor, and other major regulatory agencies. Required under the Regulatory Flexibility Act, these Agendas list new and upcoming rulemaking activity that will affect hazmat shippers, hazardous waste generators, manufacturers, and industry employers.


PHMSA Hazmat Shipping Regulations to Watch For

The US DOT Pipeline and Hazardous Materials Safety Administration (PHMSA) is planning new regulations for hazmat shippers to be published in the Federal Register in August and October 2015. Regulations in the Final Rule Stage include:

• Rules for “reverse logistics.” US DOT intends to set standards for retail establishments to ship hazmat products that have been damaged or returned by customers.
• Adoption of Special Permits. DOT is working to incorporate more widely used or applicable hazmat Special Permits into the text of the 49 CFR Hazardous Materials Regulations (HMR).
• Safety Requirements for External Product Piping on Cargo Tanks (Wetlines). PHMSA is evaluating the effects of prohibiting flammable liquids from being transported in unprotected product piping (i.e. wetlines) on DOT specification cargo tank vehicles.

EPA Air, Water, Chemical and Hazardous Waste Rules

US EPA lists nine items currently listed in the Final Rule Stage in its Agenda, which include:

• Electronic reporting requirements for National Pollutant Discharge Elimination System (NPDES) compliance;
• Bolstered effluent guidelines for oil and gas extraction point sources;
• Carbon pollution emission guidelines for electric utility units;
• New air pollutants to ensure 90% of emissions of certain pollutants are subject to standards of the Clean Air Act;
• Revised greenhouse gas reporting rules for petroleum and natural gas systems;
• Reporting requirements for nanoscale materials and electronic notification/reporting rules under TSCA;
• Formaldehyde emission standards for composite wood products like hardwood, plywood , particleboard, and medium-density fiberboard that match California’s emission limits for these products; and
• Removal of certain training and accreditation requirements for lead-based paint abatement professionals.

OSHA Workplace Safety Standards

The Department of Labor published new OSHA work safety rulemaking activity, including:

• And updated, modernized reporting system to make collecting workplace injury and illness date more efficient, timely, and accurate. This rulemaking will include a modification to 29 CFR 1904.35 regarding employees’ rights to report without fear of employer retaliation. A final rule is expected in September 2015.
• Revised standards for eye and face protection to reflect changing National Consensus Standards. This multi-year project will update references to outdated or out-of-print consensus standards currently found in the OSHA rules and incorporate the 2010 edition of the American National Standard Z87.1. A Final Rule was planned for May this year.
• Amended standards for OSHA personnel who obtain and use personal employee medical information. OSHA plans a Final Rule no later than January 2016.

Lion Members can log in to view a complete break-down of Final Rules, Proposed Rules, and Long Term regulatory goals from US DOT, US EPA, and OSHA here.

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Tags: DOT, EPA, hazmat shipping, new rules, RCRA