DEPARTMENT OF TRANSPORTATION

49 CFR Parts 171, 172, 173, 175, 176, 178, and 180

[Docket No. PHMSA–2021–0092 (HM–215Q)] RIN 2137–AF57

Hazardous Materials: Harmonization With International Standards

SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. PHMSA is also withdrawing the unpublished November 28, 2022, Notice of Enforcement Policy Regarding International Standards on the use of select updated international standards in complying with the HMR during the pendency of this rulemaking.

ACTION: Final rule.

DATES: Effective date: This rule is effective May 10, 2024.

Voluntary compliance date: January 1, 2023. Delayed compliance date: April 10, 2025.

MARCH 20, 2024 ENVIRONMENTAL PROTECTION AGENCY

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 124, 260, 264, 265, 270, and 271

[EPA–HQ–OLEM–2021–0397; FRL–8592– 01–OLEM]

RIN 2050–AH24 Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives

ACTION: Proposed rule.

SUMMARY: The Environmental Protection Agency (EPA or the Agency) proposes to revise regulations that allow for the open burning and detonation (OB/OD) of waste explosives. This allowance or ‘‘variance’’ to the prohibition on the open burning of hazardous waste was established at a time when there were no alternatives for the safe treatment of waste explosives. However, recent findings from the National Academy of Sciences, Engineering, and Medicine (NASEM) and the EPA have identified safe alternatives which are potentially applicable to treat some energetic/ explosive waste streams. Because there may be safe alternatives available and in use today that capture and treat emissions prior to release, regulations would be revised to describe specified procedures for the existing requirements to evaluate and implement alternative treatment technologies. These proposed revisions would reduce OB/OD of waste explosives and increase control of air emissions through improved implementation of existing requirements that facilities must evaluate and use safe and available alternative technologies in lieu of OB/ OD.

DATES: Comments must be received on or before May 20, 2024.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2024-03-20/pdf/2024-05088.pdf

March 13,2024 DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

[Docket No. PHMSA–2021–0109; Notice No. 2023–16]

Hazardous Materials: Frequently Asked Questions—Training Requirements

ACTION: Notice.

SUMMARY: On March 22, 2022, PHMSA announced an initiative to convert historical letters of interpretation (LOI) applicable to the Hazardous Materials Regulations (HMR) that have been issued to specific stakeholders into broadly applicable frequently asked questions (FAQ). On December 9, 2022, PHMSA published the first set of FAQ regarding applicability of the HMR. On August 18, 2023, PHMSA published the second set of FAQ regarding incident reporting. Today’s notice contains the third set of FAQ regarding training requirements.

COMMENT: submit comments on or before April 12, 2024.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2024-03-13/pdf/2024-05268.pdf

DEPARTMENT OF TRANSPORTATION

March 4th, 2024

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 178, and 180

[Docket No. PHMSA–2020–0102 (HM–219D)] RIN 2137–AF49

Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements

ACTION: Final rule.

SUMMARY: PHMSA amends the Hazardous Materials Regulations (HMR) to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents. These revisions maintain or enhance the existing high level of safety under the HMR while providing clarity and appropriate regulatory flexibility in the transport of hazardous materials.

DATES: Effective date: This final rule is effective on April 3, 2024.

Delayed compliance date: March 4, 2025.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2024-03-04/pdf/2024-03290.pdf

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261 and 271

[EPA–HQ–OLEM–2023–0278; FRL–9248– 01–OLEM] RIN 2050–AH26

Listing of Specific PFAS as Hazardous Constituents

ACTION: Proposed rule.

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is proposing to amend its regulation under the Resource Conservation and Recovery Act (RCRA) by adding nine specific per-and polyfluoroalkyl substances (PFAS), their salts, and their structural isomers, to its list of hazardous constituents. These nine PFAS are perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorobutanesulfonic acid (PFBS), hexafluoropropylene oxidedimer acid (HFPO–DA or GenX), perfluorononanoic acid (PFNA), perfluorohexanesulfonic acid (PFHxS), perfluorodecanoic acid (PFDA), perfluorohexanoic acid (PFHxA), and perfluorobutanoic acid (PFBA). EPA’s criteria for listing substances as hazardous constituents under RCRA require that they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. EPA reviewed and evaluated key toxicity and epidemiological studies and assessments for the nine PFAS to determine whether the available data for these PFAS meet the Agency’s criteria for listing substances as hazardous constituents under RCRA. Based on EPA’s evaluation, the above nine PFAS, their salts, and their structural isomers meet the criteria for being listed as RCRA hazardous constituents. As a result of this proposed rule, if finalized, when corrective action requirements are imposed at a facility, these PFAS would be among the hazardous constituents expressly identified for consideration in RCRA facility assessments and, where necessary, further investigation and cleanup through the RCRA corrective action process at RCRA treatment, storage, and disposal facilities.

DATES: Comments must be received on or before April 8, 2024.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2024-02-08/pdf/2024-02328.pdf STARTING 8606

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, and 270

[EPA–HQ–OLEM–2023–0085; FRL–9247– 01–OLEM] RIN 2050–AH27

Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units

ACTION: Proposed rule.

SUMMARY: This proposed rule would amend the definition of hazardous waste applicable to corrective action to address releases from solid waste management units at RCRA-permitted treatment, storage, and disposal facilities and make related conforming amendments, thereby providing clear regulatory authority to fully implement the Resource Conservation and Recovery Act (RCRA) statutory requirement that permitted facilities conduct corrective action to address releases not only of substances listed or identified as hazardous waste in the regulations but of any substance that meets the statutory definition of hazardous waste. The proposed rule would also provide notice of EPA’s interpretation that the statutory definition of hazardous waste applies to corrective action for releases from solid waste management units at permitted and interim status facilities.

DATES: Comments must be received on or before March 11, 2024. On 3/6/24 comment period was extended to March 26th, 2024.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2024-02-08/pdf/2024-02328.pdf

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910 [Docket No. OSHA–2007–0073]

RIN 1218–AC91 Emergency Response Standard

ACTION: Proposed rule; request for comments.

SUMMARY: OSHA is proposing through this notice of proposed rulemaking (NPRM) to issue a new safety and health standard, titled Emergency Response, to replace the existing Fire Brigades Standard. The new standard would address a broader scope of emergency responders and would include programmatic elements to protect emergency responders from a variety of occupational hazards. The agency requests comments on all aspects of the proposed rule.

DATES: Comments on this NPRM (including requests for a hearing) and other information must be submitted by May 6, 2024.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2024-02-05/pdf/2023-28203.pdf

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Parts 13 and 406

Office of the Secretary 14 CFR Part 383 Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 401 Maritime Administration

46 CFR Parts 221, 307, 340, and 356

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, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 272

Federal Motor Carrier Safety Administration

49 CFR Part 386 National Highway Traffic Safety Administration

49 CFR Part 578

RIN 2105–AF16

Revisions to Civil Penalty Amounts, 2024

ACTION: Final rule

SUMMARY: This final rule provides the statutorily prescribed 2024 adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations.

DATES: This rule is effective December 28, 2023.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2023-12-28/pdf/2023-28066.pdf

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 261, 262, and 266 [EPA–HQ–OLEM–2023–0081;

FRL 8687–03– OLEM] RIN 2050–AH23

Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections

ACTION: Partial withdrawal of direct final rule.

SUMMARY: Because the EPA received adverse comment on eight amendments in the direct final rule published on August 9, 2023, we are withdrawing amendments to specific provisions through correction to the direct final rule.

DATES: This correction is effective December 7, 2023.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2023-12-06/pdf/2023-26750.pdf

Original Direct Final Rule August 9th, 2023: https://www.govinfo.gov/content/pkg/FR-2023-08-09/pdf/2023-14731.pdf

DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

49 CFR Parts 107, 171, and 173

[Docket No. PHMSA–2020–0103 (HM–257A)] RIN 2137–AF50

Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to revise the classification and approval process for certain low-hazard fireworks; to revise classification criteria for small arms cartridges to include tracer ammunition; to include the PHMSA portal as the method to submit applications for all explosives approvals; and to allow for voluntary termination of an explosive approval by the approval holder.

DATES: Comments must be submitted by February 28, 2024. PHMSA will consider late-filed comments to the extent possible.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2023-11-30/pdf/2023-25887.pdf

Environmental Protection Agency

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 84, 261, 262, 266, 270, and 271

[EPA–HQ–OAR–2022–0606; FRL–10105–01– OAR]

Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under Subsection (h) of the American Innovation and Manufacturing Act of 2020

SUMMARY: The U.S. Environmental Protection Agency is proposing to issue regulations to implement certain provisions of the American Innovation and Manufacturing Act of 2020. This rulemaking proposes to establish a program for the management of hydrofluorocarbons that includes requirements for leak repair and use of automatic leak detection systems for certain equipment using refrigerants containing hydrofluorocarbons and certain substitutes; requirements for the use of reclaimed hydrofluorocarbons in certain sectors or subsectors; the use of recycled hydrofluorocarbons in fire suppression equipment; recovery of hydrofluorocarbons from cylinders; container tracking; and certain recordkeeping, reporting, and labeling requirements. The Environmental Protection Agency is also proposing alternative Resource Conservation and Recovery Act standards for spent ignitable refrigerants being recycled for reuse. Finally, EPA requests advance comment on approaches for establishing requirements for technician training and/or certification.

ACTION: Notice of proposed rulemaking and advance notice of proposed rulemaking.

DATES: Comments on this notice of proposed rulemaking must be received on or before December 18, 2023. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best ensured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before November 20, 2023. The Environmental Protection Agency (EPA) will hold a virtual public hearing on or about November 3, 2023

Read More: https://www.govinfo.gov/content/pkg/FR-2023-10-19/pdf/2023-22526.pdf

DEPARTMENT OF TRANSPORTATION

September 21, 2023 DEPARTMENT OF TRANSPORTATION

49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178, 179, 180

[Docket No. PHMSA–2019–0031 (HM–265A)] RIN 2137–AF47

Hazardous Materials: Modernizing Regulations To Improve Safety and Efficiency; Extension of Comment Period

ACTION: Advance notice of proposed rulemaking; Extension of comment period.

SUMMARY: On July 5, 2023, PHMSA published an advance notice of proposed rulemaking, titled ‘‘Hazardous Materials: Modernizing Regulations to Improve Safety and Efficiency (HM– 265A),’’ seeking comment of 46 topics related to modernizing the hazardous materials regulations to increase efficiency while maintaining and improving safety. In response to a request for an extension of the comment period submitted by the American Short Line and Regional Railroad Association, PHMSA is extending the comment period for the HM–265A notice for an additional 60 days.

Comments to the HM–265A notice will now be due by December 4, 2023.

Read More: https://www.govinfo.gov/content/pkg/FR-2023-09-21/pdf/2023-20440.pdf

September 5, 2023

September 5, 2023 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 267, 268 and 270

[EPA–HQ–OLEM–2023–0320; FRL: 10001– 02–OLEM] RIN 2050–AH29

Used Drum Management and Reconditioning; Extension of Comment Period

ACTION: Advance notice of proposed rulemaking; extension of comment period.

SUMMARY: The U.S. Environmental Protection Agency (the EPA) is extending the comment period for the Advance Notice of Proposed Rulemaking (ANPRM), ‘‘Used Drum Management and Reconditioning’’. The EPA published this ANRPM in the Federal Register on August 11, 2023, and the public comment period was scheduled to end on September 25, 2023. However, the EPA has received several requests for additional time to develop and submit comments on the ANPRM. In response to the requests for additional time, the EPA is extending the comment period through November 22, 2023.

DATES: The comment period for the ANPRM published August 11, 2023, at 88 FR 54537, is extended. Comments must be received on or before November 22, 2023.

READ MORE: https://www.govinfo.gov/content/pkg/FR-2023-09-05/pdf/2023-19014.pdf

September 1, 2023

September 1, 2023. DEPARTMENT OF TRANSPORTATION

49 CFR Part 172

[Docket No. PHMSA–2021–0058 (HM–264A)] RIN 2137–AF55

Hazardous Materials: Suspension of HMR Amendments Authorizing Transportation of Liquefied Natural Gas by Rail

ACTION: Final rule.

SUMMARY: PHMSA, in coordination with the Federal Railroad Administration (FRA), is amending the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to a final rule published on July 24, 2020, pending the earlier of either completion of a companion rulemaking evaluating potential modifications to requirements governing rail tank car transportation of LNG, or June 30, 2025.

DATES: This final rule is effective on October 31, 2023.

Read More: https://www.govinfo.gov/content/pkg/FR-2023-09-01/pdf/2023-18569.pdf

August 15, 2023

August 15th, 2023 Department of Transportation

49 CFR Parts 171, 174, and 180

[Docket No. PHMSA–2016–0015 (HM–263)] RIN 2137–AF21

Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information

ACTION: Proposed rule; extension of comment period.

Original post made on June 27th, 2023

DATE: Comment period extended to October 27, 2023

Read More: https://www.govinfo.gov/content/pkg/FR-2023-08-15/pdf/2023-17472.pdf

August 11, 2023

August 11, 2023 Environmental Protection Agency

40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 267, 268 and 270

[EPA–HQ–OLEM–2023–0320; FRL: 10001– 01–OLEM] RIN: 2050–AH29

SUMMARY: The U.S. Environmental Protection Agency (the EPA) is soliciting information and requesting comments to assist in the potential development of non-regulatory and regulatory options that would ensure the proper management of used industrial containers that held hazardous chemicals or hazardous waste, up to and including the drum reconditioning process. Options could include revising the Resource Conservation and Recovery Act (RCRA) regulations or other, non-regulatory options. This Advance Notice of Proposed Rulemaking (ANPRM) does not propose any regulatory requirements or change any existing regulatory requirements.

ACTION: Advance notice of proposed rulemaking.

DATES: Comments must be received on or before September 25, 2023.

Read More: https://www.govinfo.gov/content/pkg/FR-2023-08-11/pdf/2023-16752.pdf

August 9th, 2023

August 9th, 2023 Environmental Protection Agency

40 CFR Parts 260, 261, 262, 264, 265, 266, 270, 271, and 441

[EPA–HQ–OLEM–2023–0081; FRL 8687–02– OLEM] RIN 2050–AH23

Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections

ACTION: Direct final rule.

SUMMARY: The Environmental Protection Agency (the EPA or the Agency) is taking direct final action on a number of technical corrections that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. These technical corrections correct or clarify specific provisions in the existing hazardous waste regulations that were promulgated in the Hazardous Waste Generator Improvements rule, the Hazardous Waste Pharmaceuticals rule, and the Definition of Solid Waste rule.

Date: This rule is effective on December 7, 2023, without further notice unless the EPA receives adverse comment by October 10, 2023.

Read More: https://www.govinfo.gov/content/pkg/FR-2023-08-09/pdf/2023-14731.pdf

August 9th, 2023

August 9th, 2023 Environmental Protection Agency

40 CFR Parts 260, 261, 262, 264, 265, 266, 270, 271 and 441

[EPA–HQ–OLEM–2023–0081]; FRL 8687– 01–OLEM RIN 2050–AH23

Action: Proposed Rule

Hazardous Waste Generator Improvements Rule, the Hazardous Waste

Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections 

Summary: The Environmental Protection Agency (EPA) is proposing to make technical corrections that correct or clarify several parts of the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations.…..Read More:

https://www.govinfo.gov/content/pkg/FR-2023-08-09/pdf/2023-14730.pdf

Date: Comment thru October thru October 10, 2023

July 5, 2023

July 5, 2023 Department of Transportation

49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178, 179, and 180

[Docket No. PHMSA–2019–0031 (HM–265A)] RIN 2137–AF47 H

ACTION: Advance notice of proposed rulemaking (ANPRM).

SUMMARY: PHMSA is publishing this ANPRM to solicit stakeholder feedback on initiatives PHMSA is considering that may modernize the Hazardous Materials Regulations and improve efficiencies while maintaining or improving a current high level of safety. To fully engage with stakeholders, this ANPRM solicits comments and input on questions related to 46 distinct topics under consideration. Any comments, data, and information received will be used to evaluate and potentially draft proposed amendments.

DATES: Comments must be received by October 3, 2023.

https://www.govinfo.gov/content/pkg/FR-2023-07-05/pdf/2023-13903.pdf