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Compliance Guide Update Service July 2016


July 29


Department Of Transportation


Pipeline and Hazardous Materials Safety Administration FR 81 50068-50129 49 CFR Parts 130, 170, 171, 173 and 174. Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains. NOTICE OF PROPOSED RULEMAKING


Summary: PHMSA, in consultation with the Federal Railroad Administration, is issuing this NPRM to propose revisions to regulations that would expand the applicability of comprehensive oil spill response plans (OSRPs) based on thresholds of liquid petroleum oil that apply to an entire train consist. Specifically, we are proposing to expand the applicability for comprehensive OSRPs so that any railroad that transports a single train carrying 20 or more loaded tank cars of liquid petroleum oil in a continuous block or a single train carrying 35 or more loaded tank cars of liquid petroleum oil throughout the train consist must also have a current comprehensive written OSRP. We are further proposing to revise the format and clarify the requirements of a comprehensive OSRP (e.g., requiring that covered railroads develop response zones describing resources available to arrive onsite to a worst-case discharge, or the substantial threat of one, which are located within 12 hours of each point along the route used by trains subject to the comprehensive OSRP). We also solicit comment on defining high volume areas and staging resources using alternative response times, including shorter response times for spills that could affect such high volume areas. Further, in accordance with the Fixing America’s Surface Transportation Act of 2015, this action proposes to require railroads to share information about high-hazard flammable train operations with state and tribal emergency response commissions to improve community preparedness and seeks comments on these proposals.


Lastly, PHMSA is proposing to incorporate by reference an initial boiling point test for flammable liquids from the ASTM D7900 method referenced in the American National Standards Institute/American Petroleum Institute Recommend Practices 3000, ‘‘Classifying and Loading of Crude Oil into Rail Tank Cars,’’ First Edition, September 2014 as an acceptable testing alternative to the boiling point tests currently specified in the HMR. PHMSA believes providing this additional boiling test option provides regulatory flexibility and promotes enhanced safety in transport through accurate packing group assignment.


Dates: Comments must be received by September 27, 2016. We are proposing a mandatory compliance date of 60 days after the date of publication of a final rule in the Federal Register. In this NPRM, we solicit comments from interested persons regarding the feasibility of the proposed compliance date.


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July 26


Environmental Protection Agency


Hazardous Waste Management System: User Fees for the Electronic Hazardous Waste Manifest System and Amendments to Manifest Regulations FR 81 40 CFR Parts 262, 263, 264, 265, and 271 49072-49110 Proposed Rule


Summary: The Environmental Protection Agency (EPA or the Agency) proposes its user fee methodology applicable to electronic and paper manifests submitted to the national electronic manifest system (or e-Manifest system) that is being established by EPA under the Hazardous Waste Electronic Manifest Establishment Act. After the implementation date for the e-Manifest system, certain users of the hazardous waste manifest would be required to pay a prescribed fee for each electronic and paper manifest they use and submit to the system in order for EPA to recover its costs of developing and operating the national e-Manifest system. The final rule that EPA develops in response to public comments on this action’s proposed fee methodology will include the final fee methodology. In addition, EPA will include the initial fee schedule and the implementation date for the e- Manifest system in the preamble to the final rule.


This action also proposes several amendments to the regulations governing the use of electronic hazardous waste manifests and the completion of manifests. These amendments propose: to change EPA’s longstanding regulations regarding transporter changes to shipment routing information on the manifest during transportation, to specify a process by which receiving facilities may submit manifest data corrections to the e- Manifest system, and to modify a provision of the current electronic manifest use requirements that precludes the use of mixed electronic and paper manifests by those users desiring to make use of electronic manifests in settings where not all users are able to participate electronically. This action is expected to result in net cost savings amounting to $34 million per year when discounted at 7% and annualized over 6 years. Further information on the economic effects of this action can be found in section VII of this preamble.


Dates: Comments must be received on or before September 26, 2016. 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 August 25, 2016.


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July 26


Department Of Transportation


Pipeline and Hazardous Materials Safety Administration FR 81 49 CFR Parts 107, 171, 172, 173, 178 and 180 48978-49022 Hazardous Materials: Miscellaneous Amendments Pertaining to DOT- Specification Cylinders (RRR) Notice of Proposed Rulemaking


Summary: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is proposing to amend the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, use, and requalification of DOT-specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by stakeholders and to agency review of the compressed gas cylinders regulations. Specifically, PHMSA is proposing to incorporate by reference or update the references to several Compressed Gas Association publications, amend the filling requirements for compressed and liquefied gases, expand the use of salvage cylinders, and revise and clarify the manufacture and requalification requirements for cylinders.


Dates: Comments must be submitted by September 26, 2016. To the extent possible, PHMSA will consider late- filed comments as a final rule is developed.


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July 26


Department Of Labor


Occupational Exposure to Respirable Crystalline Silica; Approval of collections of Information. FR 81 29 CFR Parts 1910, 1915, and 1926 48708-48710 Final Rule


Summary: This rule is a technical amendment announcing that OMB has approved the collections of information contained in OSHA’s standards for Occupational Exposure to Respirable Crystalline Silica and revising OSHA’s regulations to reflect that approval. The OMB approval number is 1218–0266.


Dates: Effective July 26, 2016.


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