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Compliance Guide Update Service June 2016


June 30


Department Of Transportation


Pipeline and Hazardous Materials Safety Administration FR 81 42609-42625 49 CFR Parts 171, 172, 173,175, 178 and 180

Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR) Notice Of Proposed Rulemaking (Nprm)


Summary: In response to petitions for rulemaking submitted by the regulated community, PHMSA proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 through 180) to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is proposing amendments that include, but are no limited to, the following: Incorporating by Reference (IBR) multiple publications from both the Compressed Gas Association (CGA) and the Chlorine Institute; addressing inconsistencies with domestic and international labels and placards; permitting alternative testing for aerosols; no longer mandating that excepted quantities comply with the emergency response telephone requirement; allowing electronic signatures for Environmental Protection Agency (EPA) manifest forms; and no longer requiring the service pressure to be marked on Department of Transportation (DOT) 8 and 8L cylinders.


Dates: Comments must be submitted by August 29, 2016. To the extent possible, PHMSA will consider late-filed comments as a final rule is developed.


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June 29


Department Of Transportation


Pipeline and Hazardous Materials Safety Administration FR 81 42266-42268 49 CFR Parts 107 and 171 Hazardous Materials: Revision of Maximum and Minimum Civil Penalties Interim Final Rule


Summary: PHMSA is revising the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. The ‘‘Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015’’ (the 2015 Act), which amended the Federal Civil Penalties, Inflation Adjustment Act of 1990 (the Inflation Adjustment Act), requires Agencies to update their civil monetary penalties through interim final rulemaking. The maximum civil penalty for a knowing violation is now $77,114, except for violations that result in death, serious illness, or severe injury to any person or substantial destruction of property, for which the maximum civil penalty is $179,933. In addition, the minimum civil penalty amount for a violation relating to training is now $463.


Dates: Effective Date: August 1, 2016.


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June 16


Department Of Transportation


Pipeline and Hazardous Materials Safety Administration FR 81 39326-39327 Hazardous Materials: Information Collection Activities Notice and request for comments.


Summary: In accordance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requests (ICRs) discussed below will be forwarded to the Office of Management and Budget (OMB) for renewal and extension. These ICRs describe the nature of the information collections and their expected burdens. A Federal Register notice with a 60-day comment period soliciting comments on these ICRs was published in the Federal Register on March 24, 2016 [81 FR 15785] under Docket No. PHMSA– 2016–0027 (Notice No. 2016–2). PHMSA did not receive any comments in response to the March 24, 2016 notice.


Dates: Interested persons are invited to submit comments on, or before July 18, 2016.


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June 13


Environmental Protection Agency


FR 81 38104-38109 40 CFR 370 Hazardous Chemical Reporting: Community Right –to-Know; Revisions to Hazardous Categories and Minor Corrections. Final Rule; Technical amendment.


Summary: The Environmental Protection Agency (EPA or the Agency) is amending its hazardous chemical reporting regulations due to the changes in the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). OSHA’s HCS was recently revised to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Under the revised HCS, chemical manufacturers and importers are required to evaluate their chemicals according to the new criteria adopted from GHS to ensure that they are classified and labeled appropriately. Manufacturers and importers are also required to develop standardized Safety Data Sheets (formerly known as ‘‘Material Safety Data Sheets’’) and distribute them to downstream users of their chemicals. These changes in HCS affect the reporting requirements under sections 311 and 312 of the Emergency Planning and Community Right-to- Know Act (EPCRA). Based on the new classification criteria that OSHA adopted, EPA is revising the existing hazard categories for hazardous chemical inventory form reporting under EPCRA Section 312 and for list reporting under section 311. In this action, EPA is also making a few minor corrections in the hazardous chemical reporting regulations.


Dates: Effective Date: This final rule is effective June 13, 2016.


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June 10


Environmental Protection Agency


FR 81 37565 40 CFR Part 261 Hazardous Waste Management System: Tentative Denial of Petition To Revise the RCRA Corrosivity Hazardous Characteristic Extension of comment Period


Summary: The Environmental Protection Agency (EPA or the Agency) is extending the comment period on the tentative denial of a petition to revise the Resource Conservation and Recovery Act (RCRA) corrosivity hazardous waste characteristic regulation, published in the Federal Register on April 11, 2016. EPA is tentatively denying the rulemaking petition because the materials submitted in support of the petition fail to demonstrate that the requested regulatory revisions are warranted, as further explained in the tentative denial. 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 comment period is being extended to December 7, 2016.


Dates: Comments must be received on or before December 7, 2016.


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June 2


Department Of Transportation


Pipeline and Hazardous Materials Safety Administration FR 81 35484-35546 49 CFR Parts 107, 171,172, et al. Hazardous Materials: Miscellaneous Amendments (RRR) Final Rule


Summary: In this final rule, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments in order to update and clarify certain regulatory requirements. These amendments are designed to promote safer transportation practices, address petitions for rulemaking, respond to National Transportation Safety Board (NTSB) Safety Recommendations, facilitate international commerce, make editorial corrections, and simplify the regulations. The amendments in this rulemaking include, but are not limited to, removing the packing group (PG) II designation for certain organic peroxides, self-reactive substances, and explosives; incorporating requirements for trailers of manifolded acetylene cylinders; providing requirements to allow for shipments of damaged wet electric batteries; and revising the requirements for the packaging of nitric acid, testing of pressure relief devices on cargo tanks, and shipments of black or smokeless powder for small arms.


Dates: Effective Date: This rule is effective


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