Recent Regulatory Updates
Previous Updates
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April 15th 2011
Environmental Protection Agency Emergency Planning and Notification;
Emergency planning and List of Extremely Hazardous Substances and Threshold Planning Quantities. Proposed Rule. 40 CFR Part 355 FR 76 21299-21311.
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April 6th, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA–2006–26275; Notice No. 11–3]
Petition for Rulemaking— Classification of Polyurethane Foam and Certain Finished Products Containing Polyurethane Foam as Hazardous Materials
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: Notice; closing of comment period and denial of petition P–1491.
Summary: On March 30, 2007, a notice [72 FR 15184] was published in the Federal Register soliciting comments on the merits of a petition for rulemaking filed by the National Association of State Fire Marshals (NASFM). The NASFM petitioned PHMSA to classify polyurethane foam and certain finished products containing polyurethane foam as hazardous material for purposes of transportation in commerce. The comment period for the notice closed June 28, 2007. Subsequently, on October 19, 2007, the NASFM requested that action be deferred on the petition, and that the public docket be re-opened to allow interested persons to submit additional comments on the March 30, 2007 notice, and on supplemental information submitted by the petitioner. On May 7, 2008, a notice [73 FR 25825] was published in the Federal Register re-opening the comment period and indicating that it would remain open until further notice had been published in the Federal Register. Since reopening of the comment period, no additional or supplemental information have been submitted to PHMSA to support the contention that polyurethane foam and certain finished products containing polyurethane foam should be designated as hazardous materials when transported in commerce. As well, no further comments have been submitted to suggest we continue to pursue any further action on this subject. Therefore, in light of the fact that the comment period had been extended and remained opened for more than three years, with no further comment or data having been submitted to PHMSA to support proposals contained in petition P–1491 or the NASFM's October 19, 2007 supplemental letter, issuance of this notice closes the comment period for the March 30, 2007 Notice [72 FR 15184] and the May 7, 2008 Notice [73 FR 25825], under Docket No. PHMSA– 2006–26275. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov or Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12–140, Routing Symbol M–30, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78), which may also be found at www.regulations.gov.
For Further Information Contact: Helen L. Engrum, Office of Hazardous Materials Standards (202) 366–8553, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001.
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March 29th, 2011
Environmental Protection Agency
[EPA–HQ–RCRA–2011–0280, FRL–9287–5]
FYI: Agency Information Collection Activities; Proposed Collection; Comment Request; 2011
Hazardous Waste Report, notification of Regulated Waste Activity, and Part A Hazardous Waste
Permit Application and Modification. Notice. FR 76 17414-17416.
Agency Information Collection Activities; Proposed Collection; Comment Request; 2011 Hazardous Waste Report, Notification of Regulated Waste Activity, and Part A Hazardous Waste Permit Application and Modification
Agency: Environmental Protection Agency.
Action: Notice.
Summary: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on November 30, 2011. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Dates: Comments must be submitted on or before May 31, 2011
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March 24th, 2011
Environmental Protection Agency
40 CFR Part 261
[EPA–R03–RCRA–2010–0132; FRL–9285–7]
This final rule contains information pertaining to a request from Babcock and Wilcox Nuclear
Operations Group, Inc. dated February 21,2003 to be excluded from the list of hazardous waste.
Exclusion was granted and is effective as of this date March 24,2011- overview of the process
are reviewed in this document.
Hazardous Waste Management System Identification and Listing of Hazardous Waste;
Final Exclusion
Agency: Environmental Protection Agency.
Action: Final rule.
Summary: The Environmental Protection Agency (EPA, also the Agency or we in this preamble) today is granting a petition submitted by Babcock & Wilcox Nuclear Operations Group, Inc., the current owner, and to BWX Technologies, Inc., as predecessor in interest to the current owner, identified collectively hereafter in this preamble as ''B&W NOG,'' to exclude (or delist) on a one-time basis from the lists of hazardous waste, a certain solid waste generated at its Mt. Athos facility near Lynchburg, Virginia. After careful analysis, we have concluded that the petitioned waste is not hazardous waste. This exclusion applies to 148 cubic yards of sludge currently deposited in two on-site surface impoundments designated as Final Effluent Ponds (FEPs) 1 and 2. Accordingly, this final rule conditionally excludes this volume of the petitioned waste from the requirements of the hazardous waste regulation under the Resource Conservation and Recovery Act (RCRA).
Dates: Effective Date: March 24, 2011.
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March 17th, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 173[Docket Number PHMSA–2009–0303 (HM–213D)] RIN 2137–AE53
Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: Notice of proposed rulemaking; extension of comment period.
Summary: PHMSA is notifying the public of our intent to extend the comment period by 30 days for a notice of proposed rulemaking published on January 27, 2011.
Dates: The comment period for the NPRM closing on March 28, 2011, is extended until April 27, 2011.
Background: On January 27, 2011, PHMSA published a notice of proposed rulemaking (NPRM) (HM–213D; 76 FR 4847) seeking public comment on a proposal to prohibit the transportation of flammable liquids in exposed external product piping (wetlines) on a cargo tank motor vehicle (CTMV) unless the CTMV is equipped with bottom damage protection that conforms to the requirements of § 178.337–10 or § 178.345–8(b)(1), as appropriate. We also invited comment on a number of provisions associated with this proposed prohibition such as the residue performance standard relating to applicability of the proposed prohibition as well as conditional exceptions and the proposed transition period and compliance dates. See the January 27, 2011 NPRM for background and a complete discussion of the proposals.
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March 3rd, 2011
Department Of Transportation
Office of the Secretary of Transportation
14 CFR Chapters I, II, III
23 CFR Chapters I, II, III
46 CFR Chapter II
48 CFR Chapter 12
49 CFR Chapters I, II, III and V, VI, VII,VIII, X, XI
[Docket No. DOT–OST–2011–0025]
Notice of Retrospective Review of DOT Existing Regulations
Agency: Office of the Secretary of Transportation (OST), DOT.
Action: Notice of public meeting and tentative agenda; opportunities for public participation in review.
Summary: On February 16, 2011, Department of Transportation (DOT) published a notice of regulatory review of existing DOT regulations. This review is in accordance with Executive Order 13563, ''Improving Regulation and Regulatory Review.'' As part of the notice of review, DOT announced it will hold a public meeting to discuss and consider the public's comments. This notice provides information on how to participate in this meeting and opportunities for enhanced public participation in the review and the public meeting. Please note that the deadline for registering to speak at the public meeting has been extended to March 7, 2011.
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March 2nd, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 109 [Docket No. PHMSA–2005–22356] RIN 2137–AE13
Hazardous Materials: Enhanced Enforcement Authority Procedures
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT).
Action: Final rule.
Summary: PHMSA is implementing enhanced inspection, investigation, and enforcement authority conferred on the Secretary of Transportation by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005. This final rule establishes procedures for issuance of emergency orders (restrictions, prohibitions, recalls, and out-of-service orders) to address unsafe conditions or practices posing an imminent hazard; opening packages to identify undeclared or noncompliant shipments, when the person in possession of the package refuses a request to open it; and the temporary detention and inspection of potentially non-compliant packages. These inspection and enforcement procedures will not change the current inspection procedures for DOT, but will enhance DOT's existing enforcement authority and allow us to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. As this rule affects only agency enforcement procedures, it therefore results in no additional burden of compliance costs to industry.
Dates: This final rule is effective May 2, 2011. FOR FURTHER INFORMATION CONTACT: Vincent M. Lopez, Office of Chief Counsel, (202) 366–4400, Pipeline and Hazardous Materials Safety Administration
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March 1st, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 173, 178, and 180 [Docket Number PHMSA–2010–0019 (HM–241)] RIN 2137–AE58
Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: Advance notice of proposed rulemaking; document availability and extension of comment period.
Summary: PHMSA is notifying the public of the electronic availability of the American Society of Mechanical Engineers' (ASME) Boiler and Pressure Vessel Code, Section XII (2010 Edition) and the National Board of Boiler and Pressure Vessel Inspectors' National Board Inspection Code (2007 Edition). Further, PHMSA is extending the comment period for the ANPRM published on December 23, 2010 (ANPRM; 75 FR 80765). The ASME Boiler and Pressure Vessel Code, Section XII is now available on PHMSA's Web site for public review at: http://phmsa.dot.gov/hazmat. In addition, the National Board of Boiler and Pressure Vessel Inspectors have voluntarily posted, for public review, the relevant parts of the National Board Inspection Code at http:// www.nationalboard.org.
Dates: The comment period for the ANPRM published on December 23, 2010, closing on March 23, 2011, is extended until May 23, 2011
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February 28th, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 177
[Docket No. PHMSA–2010–0221 (HM–256)] RIN 2137–AE63
Hazardous Materials: Limiting the Use of Electronic Devices by Highway
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: Final rule.
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February 23nd, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
Notice of Applications for Modification of Special Permit
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: List of applications for modification of special permits.
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February 22nd, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
Office of Hazardous Materials Safety; Notice of Application for Special Permits
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: List of Applications for Special Permits.
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February 16th, 2011
Department Of Transportation
Federal Motor Carrier Safety Administration
49 CFR Parts 385, 386, 390, and 395
[Docket No. FMCSA–2004–19608]
RIN 2126–AB26
Hours of Service of Drivers; Availability of Supplemental Documents and Corrections to Notice of Proposed Rulemaking
Agency: Federal Motor Carrier Safety Administration (FMCSA), DOT.
Action: Notice of Proposed Rulemaking; notice of availability of supplemental documents and corrections; extension of comment period.
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February 1st, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171 and 173
[Docket No. PHMSA–2010–0017 (HM–245)] RIN 2137–AE56
Hazardous Materials: Incorporation of Certain Cargo Tank Special Permits Into Regulations
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: Final rule.
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January 28th, 2011
Environmental Protection Agency
40 CFR Parts 260 and 261 [EPA–HQ–RCRA–2008–0808; FRL–9260–2] RIN–2050–AE78
Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed in a Gasification System To Produce Synthesis Gas: Tentative Determination To Deny Petition for Reconsideration
Agency: Environmental Protection Agency (EPA).
Action: Notice of action—tentative determination to deny petition for reconsideration.
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January 28th, 2011
Environmental Protection Agency
40 CFR Part 261 [EPA–R06–RCRA–2010–1052; SW–FRL–9259–3]
Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Proposed Rule
Agency: Environmental Protection Agency (EPA).
Action: Proposed rule.
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January 27th, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 173
[Docket No. PHMSA–2009–0303 (HM–213D)] RIN 2137–AE53
Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: Notice of proposed rulemaking.
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January 27th, 2011
Environmental Protection Agency
40 CFR Part 261
[EPA–R05–RCRA–2010–0843; SW–FRL–9259–1]
Hazardous Waste Management System: Identifying and Listing Hazardous Waste Exclusion
Agency: Environmental Protection Agency (EPA).
Action: Final rule.
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January 25th, 2011
Department Of Transportation
Federal Railroad Administration
49 CFR Part 174
[Docket No. FRA–2011–0004]
Hazardous Materials: Improving the Safety of Railroad Transportation of Hazardous Materials
Agency: Federal Railroad Administration (FRA), Department ofTransportation (DOT).
Action: Notice of Public Meeting.
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January 19th, 2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, 178, and 180 [Docket Nos. PHMSA–2009–0126 (HM– 215K)] RIN 2137–AE45
Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: Final rule.
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January 12th, 2011
Environmental Protection Agency
[EPA–HQ–SFUND–2010–0437; FRL–9251–3]
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Notification of Episodic Releases of Oil and Hazardous Substances (Renewal); EPA ICR No. 1049.12, OMB Control No. 2050–0046
Agency: Environmental Protection Agency (EPA).
Action: Notice.
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January 5th ,2011
Department Of Transportation
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 105, 107, and 171
[Docket No. PHMSA–2009–0410 (HM–233B)]
RIN 2137–AE57
Hazardous Materials Transportation: Revisions of Special Permits Procedures
Agency: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Action: Final rule.
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