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Compliance Guide Update Service April 2016

April 29

 

Department Of Transportation

 

Pipeline and Hazardous Materials Safety Administration FR 81 25613-25618 49 CFR Parts 171,173 and 178 Hazardous Materials: Incorporation by Reference Edition Update for the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and Transportation Systems for Liquids and Slurries: Pressure Piping Code Direct Final Rule.

 

Summary: This direct final rule incorporates by reference the most recent editions of the ASME Boiler and Pressure Vessel Code. The purpose of this update is to enable non- specification (nurse tank) manufacturers and other DOT and UN specification packaging manufacturers to utilize current technology, materials, and practices to help maintain a high level of safety. PHMSA is replacing the ASME referenced standard (1998 Edition) with the new, current ASME standard (2015 Edition) for boiler and pressure vessels. PHMSA is also replacing the ASME 1998 Edition referenced standard of ASME’s Transportation Systems for Liquids and Slurries: Pressure Piping to the current 2012 Edition.

 

Dates: Effective Date: This rule is effective June 28, 2016 without further action, unless adverse comment is received by May 31, 2016. If adverse comment or notice of intent to file an adverse comment is received, PHMSA will publish a timely withdrawal of the rule in whole or in part in the Federal Register before June 13, 2016.

 

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April 29

 

Department Of Transportation

 

Pipeline and Hazardous Materials Safety Administration FR 81 25627-25639 49 CFR PARTS 107, 171,173,178,179 AND 180 Hazardous Materials: Incorporation of ASME Code Section XII and the National Board Inspection Code Supplemental Notice of Proposed Rulemaking (SNPRM)

 

Summary: This SNPRM proposes to incorporate and allow the use of the 2015 edition of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section XII— Rules for Construction and Continued Service of Transport Tanks for the construction and continued service of cargo tank motor vehicles (CTMVs), cryogenic portable tanks, and multi-unit tank car tanks (‘‘ton tanks’’). The PHMSA also proposes to incorporate and authorize the use of the 2015 edition of the National Board of Boiler and Pressure Vessel Inspectors National Board Inspection Code, in our regulations as it applies to the continued service of CTMVs, cryogenic portable tanks, and ton tanks constructed to ASME Section XII standards, as well as for existing CTMVs constructed in accordance with the current hazardous materials regulations. If adopted, these amendments will allow for flexibility regarding selection of authorized packaging, in addition to qualification and maintenance for continued service of the packaging, without compromising safety.

 

Dates: Submit comments by June 28, 2016. To the extent possible, PHMSA will consider late-filed comments as we determine whether additional rulemaking is necessary.

 

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April 25

 

Department Of Transportation

 

Pipeline and Hazardous Materials Safety Administration

 

FR 81 24038 49 CFR Part 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans CFR Correction

 

CFR Correction

 

In Title 49 of the Code of Federal Regulations, parts 100 to 177, revised as of October 1, 2015, on page 269, in § 172.101, in the Hazardous Materials Table, for the entry "Phenylmercuric compounds, n.o.s." add "G" in the first column.

 

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April 11

 

Environmental Protection Agency

 

FR 81 21295-21308 40 CFR Part 261 Hazardous Waste Management System; Tentative Denial of Petition To Revise the RCRA Corrosivity Hazardous Characteristic.

 

Notification of tentative denial of petition for rulemaking.

 

Summary: The Environmental Protection Agency (EPA or the Agency) is responding to a rulemaking petition (‘‘the petition’’) requesting revision of the Resource Conservation and Recovery Act (RCRA) corrosivity hazardous waste characteristic regulation. The petition requests that the Agency make two changes to the current corrosivity characteristic regulation: revise the regulatory value for defining waste as corrosive from the current value of pH 12.5, to pH 11.5; and expand the scope of the RCRA corrosivity definition to include nonaqueous wastes in addition to the aqueous wastes currently regulated. After careful consideration, the Agency is tentatively denying the petition, since the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted, as further explained in this document. The Agency’s review of additional materials it identified as relevant to the petition similarly did not demonstrate that any change to the corrosivity characteristic regulation is warranted at this time.

The Agency is also soliciting public comment on this tentative denial and the questions raised in this action.

 

Dates: Comments must be received on or before June 10, 2016.

 

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April 7

 

Department Of Transportation

 

Pipeline and Hazardous Materials Safety Administration

FR 81  20443-20444 Hazardous Materials: ICAO Lithium Ion Battery Prohibition Safety Advisory Notice

 

Summary: PHMSA is issuing this safety advisory notice to inform persons engaged in the transport of lithium batteries in commerce of recent actions taken by the International Civil Aviation Organization (ICAO) to enhance the safe transport of lithium batteries by air.

 

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