Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens

August 14th, 2019   DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

FR 84    41556- 41594 49 CFR Parts 107, 171, 172, 173, 178, 179, and 180

Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens

ACTION:Notice of proposed rulemaking

SUMMARY: This rulemaking responds to numerous petitions for rulemaking submitted by the regulated community that request PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazardous communication, and incorporation by reference documents. PHMSA proposes amendments to the Hazardous Materials Regulations to update, clarify, improve the safety of, or provide relief from various regulatory requirements. The proposed amendments include adopting a phase-out schedule for certain railroad tank cars used to transport materials poisonous by inhalation, allowing the

continued use of certain portable and mobile refrigerator systems commonly used in the produce industry, incorporating an industry standard that can help to enhance the production of oil and gas wells, and incorporating an updated consensus standard which applies to the existing market for fireworks; as well as additional proposed amendments derived from PHMSA’s petition for rulemaking process.

DATES: Comments must be submitted by October 15, 2019. To the extent possible, PHMSA will consider latefiled comments as a final rule is developed.

https://www.govinfo.gov/content/pkg/FR-2019-08-14/pdf/FR-2019-08-14.pdf

Pipeline and Hazardous Materials Safety Administration

 July 31,2019  DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, and 190

Federal Railroad Administration

49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272

Federal Motor Carrier Safety Administration

49 CFR Part 386

National Highway Traffic Safety Administration

49 CFR Part 578 RIN 2105–AE80

FR 84 37059-37079

Revisions to Civil Penalty Amounts

Final Rule

https://www.govinfo.gov/content/pkg/FR-2019-07-31/pdf/FR-2019-07-31.pdf

SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2019 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations.

 Effective July 31, 2019


June 13th, 2019   ENVIRONMENTAL PROTECTION AGENCY

June 13th, 2019   ENVIRONMENTAL PROTECTION AGENCY

Amendment to Emergency Release Notification Regulations

on Reporting Exemption for Air Emissions From Animal

Waste at Farms: Emergency Planning and Community

Right-to-Know Act

FR 84 27533-27542 40 CFR Part 355

FINAL RULE

https://www.govinfo.gov/content/pkg/FR-2019-06-13/pdf/FR-2019-06-13.pdf


SUMMARY: The Environmental Protection Agency (EPA or the Agency) is

amending the release notification regulations under the Emergency Planning and Community Right-to- Know Act (EPCRA) to add the reporting exemption for air emissions from animal waste at farms provided in section 103(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In addition, EPA is adding definitions of ‘‘animal waste’’ and ‘‘farm’’ to the EPCRA regulations to delineate the scope of this reporting exemption. This amendment maintains consistency between the emergency release notification requirements of EPCRA and CERCLA in accordance with the statutory text, framework and legislative history of EPCRA, and is consistent with the Agency’s prior regulatory actions. DATES: This final rule is effective July

15, 2019.


April 2, 2019   ENVIRONMENTAL PROTECTION AGENCY

FR 84 12539-12552

40 CFR  Parts 260, 261 and 265

Modernizing Ignitable Liquids Determinations

Proposed Rule

https://www.govinfo.gov/content/pkg/FR-2019-04-02/pdf/FR-2019-04-02.pdf

SUMMARY: The Environmental Protection

Agency (EPA or the Agency) is proposing to update the regulations for the identification of ignitable hazardous waste under the Resource Conservation and Recovery Act (RCRA) and to modernize the RCRA test methods that currently require the use of mercury thermometers. These proposed revisions would provide greater clarity to hazardous waste identification, provide flexibility in testing requirements, improve environmental compliance, and, thereby, enhance protection of human health and the environment.

DATES: Comments must be received on or before June 3, 2019.

March 6th, 2019  DEPARTMENT OF TRANSPORTATION

March 6th, 2019  DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration FR  84  8006-8028 49 CFR Parts 172 and 173

Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018)

Interim final rule (IFR)


SUMMARY: 

PHMSA issues this interim final rule (IFR) to revise the Hazardous Materials Regulations for lithium cells and batteries transported by aircraft. This IFR prohibits the transport of lithium ion cells and batteries as cargo on passenger aircraft; requires lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge aboard cargo-only aircraft when not packed with or contained in equipment; and limits the use of alternative provisions for small lithium cell or battery shipments to one package per consignment. This IFR does not restrict passengers or crew members from bringing personal items or electronic devices containing lithium cells or batteries aboard aircraft, or restrict cargo-only aircraft from transporting lithium ion cells or batteries at a state of charge exceeding 30 percent when packed with or contained in equipment or devices.

https://www.govinfo.gov/content/pkg/FR-2019-03-06/pdf/FR-2019-03-06.pdf

Effective dateThis interim final rule is effective on March 6, 2019.



Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains (FAST Act)

February 28th, 2019    DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains (FAST Act)

FR 84   49 CFR Parts 107, 130, 171, 173, and 174

6910-6952

Final Rule

https://www.govinfo.gov/content/pkg/FR-2019-02-28/pdf/FR-2019-02-28.pdf

SUMMARY: PHMSA, in consultation with the Federal Railroad Administration and pursuant to the Fixing America’s Surface Transportation Act (FAST Act) of 2015, issues this final rule to revise and clarify requirements for comprehensive oil spill response plans (COSRPs) and to expand their applicability based on petroleum oil thresholds that apply to an entire train consist. Specifically, this final rule: Expands the applicability for COSRPs; modernizes the requirements for COSRPs; requires railroads to share information about high-hazard flammable train (HHFT) operations with State and tribal emergency response commissions to improve community preparedness; and incorporates by reference a voluntary standard. The amendments in this final rule will provide regulatory flexibility and improve response readiness to mitigate effects of rail accidents and incidents involving petroleum oil and HHFTs.


DATES:

Effective date: This final rule is effective as of April 1, 2019.

Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning February 28, 2019. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning August 27, 2019.


FRIDAY, FEBRUARY 22ND, 2019 ENVIRONMENTAL PROTECTION AGENCY Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine 40 CFR

FRIDAY, FEBRUARY 22ND, 2019

SUMMARY: Some pharmaceuticals are regulated as hazardous waste under the Resource Conservation and Recovery Act (RCRA) when discarded. This final rule adds regulations for the management of hazardous waste pharmaceuticals by healthcare facilities and reverse distributors. Healthcare facilities (for both humans and animals) and reverse distributors will manage their hazardous waste pharmaceuticals under this new set of sector-specific standards in lieu of the existing hazardous waste generator regulations.

Among other things, these new regulations prohibit the disposal of hazardous waste pharmaceuticals down the drain and eliminates the dual regulation of RCRA hazardous waste pharmaceuticals that are also Drug Enforcement Administration (DEA) controlled substances. The new rules also maintain the household hazardous waste exemption for pharmaceuticals collected during pharmaceutical takeback programs and events, while ensuring their proper disposal. The new rules codify Environmental Protection Agency (EPA)’s prior policy on the regulatory status of nonprescription pharmaceuticals going through reverse logistics. Additionally, EPA is excluding certain U.S. Food and Drug Administration (FDA) approved over-the-counter (OTC) nicotine replacement therapies (NRTs) from regulation as hazardous waste and is establishing a policy on the regulatory status of unsold retail items that are not pharmaceuticals and are managed via reverse logistics, fulfilling the commitment we made in the Retail Strategy of September 2016.

https://www.govinfo.gov/content/pkg/FR-2019-02-22/pdf/FR-2019-02-22.pdf

DATES: This final rule is effective on

August 21, 2019.

Pipeline and Hazardous Materials Safety Administration FR 84  

Thursday February 14th, 2019           DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration FR 84   3993-4001 49 CFR  Parts 107 and 110 Hazardous Materials: Revision to Hazardous Materials Grants Requirements (FAST ACT) FINAL RULE

https://www.govinfo.gov/content/pkg/FR-2019-02-14/pdf/FR-2019-02-14.pdf

SUMMARY: PHMSA is revising the Hazardous Materials Regulations pertaining to the Hazardous Materials Grants Program and the Hazardous Materials Emergency Preparedness Grant. This final rule aligns with the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (‘‘Uniform Guidance’’) and implements new requirements set forth by the Fixing America’s Surface Transportation (FAST) Act of 2015.

DATES:

Effective date: This rule is effective as of March 18, 2019. Voluntary compliance date: Voluntary compliance with all amendments is authorized as of February 14, 2019.


ENVIRONMENTAL PROTECTION AGENCY Safe Management of Recalled Airbags

Friday November 30th, 2018   ENVIRONMENTAL  PROTECTION AGENCY Safe Management of Recalled Airbags FR 83   61552-61563 40 CFR Parts 260, 261 and 262 Interim Final Rule

https://www.gpo.gov/fdsys/pkg/FR-2018-11-30/pdf/2018-25892.pdf

SUMMARY: The Environmental Protection Agency (EPA) is issuing this interim final rule in response to the urgent public health issue posed by recalled Takata airbag inflators still installed in vehicles. With this rule, EPA is facilitating a more expedited removal of defective Takata airbag inflators from vehicles by dealerships, salvage yards and other locations for safe and environmentally sound disposal by exempting the collection of airbag waste from hazardous waste requirements so long as certain conditions are met. The Agency is also seeking comment on this interim final rule.

DATES: This interim final rule is effective on November 30, 2018. Comments must be received on or before January 29, 2019. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions must be received on or before January 29, 2019.

49 CFR Parts 107,171 and 190 Revisions of Civil Penalty Amounts


NOVEMBER 27TH, 2018    DEAPRTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

FR 83  60733-60754

49 CFR Parts 107,171 and 190 Revisions of Civil Penalty Amounts

FINAL RULE

https://www.gpo.gov/fdsys/pkg/FR-2018-11-27/pdf/2018-24930.pdf


SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2018 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. This rule also finalizes the National Highway Traffic Safety Administration’s and the Office of the Secretary’s catchup inflation adjustment interim final rules required by the same Act.

DATES: Effective November 27, 2018.






NOVEMBER  27, 2018  DEPARTMENT OF TRANSPORTATION

NOVEMBER  27, 2018  DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration FR 83   60970-61070    

49 CFR Parts 171,172,173,175,176,178 and 179 Hazardous Materials: Harmonization With International Standards Notice of Proposed Rulemaking.

https://www.gpo.gov/fdsys/pkg/FR-2018-11-27/pdf/2018-24620.pdf

SUMMARY: The Pipeline and Hazardous

Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations. Additionally, PHMSA proposes several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods (TDG) Regulations.

DATES: Comments must be received by

January 28, 2019.




Emergency Release Notification

NOVEMBER 14, 2018  ENVIRONMENTAL PROTECTION AGENCY

FR 83 56791-56797  40 CFR Part 355

Emergency Release Notification- Regulations on Reporting

Exemption for Air Emissions From Animal Waste at Farms; Emergency

Planning and Community Right- to- Know

PROPOSED RULE

https://www.gpo.gov/fdsys/pkg/FR-2018-11-14/pdf/2018-24821.pdf

SUMMARY: The Environmental Protection

Agency (EPA or the Agency) is proposing to amend the release notification regulations under the Emergency Planning and Community Right-to-Know Act (EPCRA) to add the reporting exemption for air emissions from animal waste at farms provided in section 103(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In addition, EPA is proposing to add definitions of ‘‘animal waste’’ and ‘‘farm’’ to the EPCRA regulations to delineate the scope of this reporting exemption. This proposed rule making maintains consistency between the emergency release notification requirements of EPCRA and CERCLA in accordance with the statutory text, framework and legislative history of EPCRA, and is consistent with the Agency’s prior regulatory actions.


DATES: Comments must be received on or before December 14, 2018.

Hazardous Materials: Response to Petitions From Industry To Modify, Clarify or Eliminate Regulations.

Hazardous Materials: Response to Petitions From Industry To Modify, Clarify or Eliminate Regulations.

FR 83 55792-55811  49 CFR Parts 171,172,173,176,178 and 180

FINAL RULE


https://www.gpo.gov/fdsys/pkg/FR-2018-11-07/pdf/2018-23965.pdf

SUMMARY: In this rulemaking, PHMSA is amending the Hazardous Materials

Regulations in response to 19 petitions for rulemaking submitted by the

regulated community to update, clarify, streamline, or provide relief from

miscellaneous regulatory requirements. By adopting these deregulatory

amendments, PHMSA is allowing more efficient and effective ways of

transporting hazardous materials in commerce while maintaining an

equivalent level of safety.

Effective date:This rule is effective

December 7, 2018.

Hazardous Materials: Notification of the Pilot-in-Command and Response to Air Related Petitions for Rulemaking CORRECTION

October 31, 2018      DEPARTMENT OF TRANSPORTATION

FR 83  54683     49 CFR Parts 172 and 175

Hazardous Materials: Notification of the Pilot-in-Command

and Response to Air Related Petitions for Rulemaking

CORRECTION




In rule document 2018–22114,

appearing on pages 52878 through

52900 in the issue of Thursday, October

18, 2017, make the following correction:

On page 52895, between row four and

row five, the table is corrected by

inserting following the row as set forth

below.



Hexafluorophosphoric acid ......... 8 UN1782 II 8 A7, B2, IB2, N3, N34, T8, TP2 .. None ..... 202 242 1 L 30 L A ........



[FR Doc. C1–2018–22114 Filed 10–30–18; 8:45 am]

BILLING CODE 1301–00–D

DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration

Thursday October 18th, 2018

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

FR 83   49 CFR Parts 172 and 175    52878-52900

Notification of the Pilot-in-Command and Response

to Air Related Petitions for Rulemaking

SUMMARY: PHMSA, in consultation with

the Federal Aviation Administration,

issues this final rule to align the U.S.

Hazardous Materials Regulations with

current international standards for the

air transportation of hazardous

materials. These amendments revise

certain special provisions, packaging

requirements, information to the pilotin-

command requirements, and

exceptions for passengers and

crewmembers. In addition to facilitating

harmonization with international

standards, several of the amendments in

this rule are responsive to petitions for

rulemaking submitted by the regulated

community.

DATES:

Effective date: This rule is effective

October 18, 2018.

Delayed compliance date: Unless

otherwise specified, compliance with

the amendments adopted in this final

rule is required beginning October 18,

2019.

Hazardous Materials: Removal of Electronically Controlled Pneumatic Brake System Requirements for High Hazard Flammable Unit Trains FINAL RULE

Tuesday, September 25th, 2018 

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

FR 83  48393-48401

49 CFR Parts 174 and 179

Hazardous Materials: Removal of Electronically

Controlled Pneumatic Brake System Requirements

for High Hazard Flammable Unit Trains

FINAL RULE


https://www.gpo.gov/fdsys/pkg/FR-2018-09-25/pdf/2018-20647.pdf

SUMMARY: The Pipeline and Hazardous

Materials Safety Administration, in coordination with the Federal Railroad Administration, is issuing this final rule to remove requirements pertaining to electronically controlled pneumatic brake systems on high-hazard flammable unit trains. This final action is based on the Department of Transportation’s determination that the requirements are not economically justified.

DATES: Effective Date: This rule is effective September 25, 2018.


August 1, 2018  ENVIRONMENTAL PROTECTION AGENCY

August 1, 2018  ENVIRONMENTAL PROTECTION AGENCY

FR 83 37444-37446 40 CFR Parts 302 and 355

Vacatur Response—CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal Waste at Farms; FARM Act Amendments to CERCLA Release Notification Requirements

Final Rule

https://www.govinfo.gov/content/pkg/FR-2018-08-01/pdf/2018-16379.pdf   

SUMMARY: The Environmental Protection Agency (EPA) is removing regulatory provisions associated with the administrative reporting exemption under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended, and under the Emergency Planning and Community Right-to- Know Act (EPCRA) of 1986. These revisions implement the vacatur of the CERCLA and EPCRA administrative reporting exemption regulations ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). This rule also incorporates CERCLA revisions enacted by the Fair Agricultural Reporting Method (FARM) Act.

DATES: This final rule is effective on

August 1, 2018.



Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations

March 16, 2018
ENVIRONMENTAL PROTECTION AGENCY

FR 83  40 CFR Parts 260, 261,264,265,268,270 and 273.
Pages 11654-11667

Increasing Recycling: Adding Aerosol Cans to the
Universal Waste Regulations
Proposed Rule

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is proposing to add hazardous waste aerosol cans to the universal waste program under the federal Resource Conservation and Recovery Act (RCRA) regulations. This proposed change, once finalized, would benefit the wide variety of establishments generating and managing hazardous waste aerosol cans, including the retail sector, by providing a clear, protective system for managing discarded aerosol cans. The streamlined

universal waste regulations are expected to ease regulatory burdens on retail stores and others that discard hazardous waste aerosol cans; promote the collection and recycling of these cans; and encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors.

DATES: Comments must be received on or before May 15, 2018. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before April 16, 2018.

Definition of "Waters of the United States" - Addition of an Applicability Date to 2015 Clean Water Rule

February 6, 2018

ENVIRONMENTAL PROTECTION AGENCY

FR 83 5200-5209      40 CFR Parts  110,112,116,117,122,230,232,300,301 and 401

Definition of "Waters of the United States" - Addition of an Applicability Date to 2015 Clean Water Rule

FINAL RULE

PART 302—DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

■ 20. The authority citation for part 302 continues to read as follows: Authority: 33 U.S.C. 1251 et seq.

■ 21. Section 302.3 is amended by adding paragraph (4) to the definition of ‘‘Navigable waters’’ to read as follows:

§ 302.3 Definitions.

* * * * *

Navigable waters * * *

(4) Applicability date. This definition is applicable beginning on February 6, 2020.

CFR Correction

February 5, 2018

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

FR 3 5037    49 CFR Part 171

CFR Correction

In Title 49 of the Code of Federal Regulations, Parts 100 to 177, revised as of October 1, 2017, on page 131, in § 171.8, 
reinstate the definition of ‘‘specification packaging’’ to read as follows:

§ 171.8 Definitions and abbreviations.

* * * * *

Specification packaging means a packaging conforming to one of the specifications
or standards for packagings in part 178 or part 179 of this subchapter.