USEPA

Rules and Regulations, Proposed Rules, & Notices of EPA, FAA, FMCSA, FRA, & PHMSA for February 2016

Rules and Regulations, Proposed Rules, & Notices of EPA, FAA, FMCSA, FRA, & PHMSA for February 2016

Another month and another raft of regulatory agency publications in the Federal Register.  As an EHS Professional you may find it too much to stay on top of all these changes in the regulations.  That’s the reason for my monthly search through the Federal Register to identify for you the applicable regulations of the following agencies:

  • Environmental Protection Agency (EPA)
  • Federal Aviation Administration (FAA) – an administration within the Department of Transportation (DOT).
  • Federal Motor Carrier Safety Administration (FMCSA) – an administration within the Department of Transportation (DOT).
  • Federal Railroad Administration (FRA) – an administration within the Department of Transportation (DOT).
  • Pipeline and Hazardous Materials Safety Administration (PHMSA) – an administration within the Department of Transportation (DOT).

I couldn’t find any publications related to the management of hazardous waste or the transportation of hazardous materials from the FAA, FMCSA, or FRA.  There were, however, some publications by EPA and PHMSA that may have an impact on how you manage hazardous waste and/or ship hazardous materials.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

As you review this document note the different types of publications in the Federal Register and their relative import:

Rules and Regulations – These are notifications of rules and regulations that have passed the review process and will – now or at a later established date – become regulations in the CFR (Code of Federal Regulations).  Complying with them is not an option.

Proposed Rules – These are notifications of a new rule or a modification to an existing one that the agency has in the works.  Interested parties may still submit comments and possibly affect the outcome of a proposed rule.

Notices – For all the things the government does that don’t rise to the level of regulations.  These could be safety notices or announcements of meetings for interested parties regarding proposed rules.

FEBRUARY 1, 2016 THROUGH FEBRUARY 29, 2016
USEPA – US ENVIRONMENTAL PROTECTION AGENCY:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Additions to List of Categorical Non-Waste Fuels Pages 6687 – 6743 [FR DOC # 2016-01866] PDF | Text | More

Proposed Rules:

None

Contact me with any questions you may have about the management of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

Notices:

Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export Pages 7788 – 7791 [FR DOC # 2016-03102] PDF | Text | More

Proposed Information Collection Request; Comment Request; Recordkeeping and Reporting-Solid Waste Disposal Facilities and Practices  Pages 8956 – 8957 [FR DOC # 2016-03744] PDF | Text | More

FAA – FEDERAL AVIATION ADMINISTRATION:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FRA – FEDERAL RAILROAD ADMINISTRATION:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

NONE
PHMSA – PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Hazardous Materials: Public Meeting Notice for the Research and Development Forum Pages 6103 – 6104 [FR DOC # 2016-02146]PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department of Transportation.

April 2015 – Rules & Regulations, Proposed Rules, and Notices Regarding the Management of Hazardous Waste and the Transportation of Hazardous Materials

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

  • Additional time to modify your business operations to comply.
  • Awareness of on what topics the regulatory agencies intend to focus their efforts.
  • The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
  • Make changes to your training program to account for changes that become effective before the next training cycle.
  • Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
  • Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

 April 1, 2015 through April 30, 2015

USEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities Pages 21301 – 21501 [FR DOC # 2015-00257] PDF | Text | More

Vermont: Final Authorization of State Hazardous Waste Management Program Revisions Pages 21650 – 21654 [FR DOC # 2015-08997] PDF | Text | More

Proposed Rules:

Vermont: Proposed Authorization of State Hazardous Waste Management Program Revisions Pages 21691 – 21692 [FR DOC # 2015-08996] PDF | Text | More

Contact me with any questions you may have about the management of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

Notices:

Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export Pages 19080 – 19084 [FR DOC # 2015-08064] PDF | Text | More

Agency Information Collection Activities; Proposed Collection; Comment Request; NESHAP for Hazardous Waste Combustors; Renewal Pages 20223 – 20224 [FR DOC # 2015-08661] PDF | Text | More

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Civil Penalties Inflation Adjustments Pages 18146 – 18158 [FR DOC # 2015-07701] PDF | Text | More

Proposed Rules:

None

Notices:

National Hazardous Materials Route Registry Pages 23859 – 24009 [FR DOC # 2015-09701] PDF | Text | More

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Hazardous Materials: Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids Pages 22778 – 22779 [FR DOC # 2015-09437] PDF | Text | More

Emergency Order Establishing a Maximum Operating Speed of 40 mph in High-Threat Urban Areas for Certain Trains Transporting Large Quantities of Class 3 Flammable Liquids Pages 23321 – 23326 [FR DOC # 2015-09614] PDF | Text | More

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Clarification on Policy for Additional Name Requests Regarding Fireworks Pages 17706 – 17707 [FR DOC # 2015-07425]   PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: Explosive Approvals-Applicant Contact Information and Compliance With Special Provision 347 Pages 20066 – 20073 [FR DOC # 2015-08470] PDF | Text | More

Hazardous Materials: Delayed Applications Pages 22779 – 22780 [FR DOC # 2015-09354] PDF | Text | More

Hazardous Materials; Notice of Application for Modification of Special Permit Pages 22780 – 22781 [FR DOC # 2015-09356] PDF | Text | More

Hazardous Materials: Actions on Special Permit Applications Pages 22782 – 22784 [FR DOC # 2015-09355] PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 22784 – 22785 [FR DOC # 2015-09352] PDF | Text | More

Hazardous Materials: Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids Pages 22778 – 22779 [FR DOC # 2015-09437] PDF | Text | More

Hazardous Materials: Emergency Response Information Requirements Pages 22781 – 22782 [FR DOC # 2015-09436] PDF | Text | More

Pittsburgh, Pennsylvania Permit Requirements for Transportation of Hazardous Material Pages 23328 – 23328 [FR DOC # 2015-09632] PDF | Text | More

New York City Permit Requirements for Transportation of Certain Hazardous Materials Pages 23328 – 23329 [FR DOC # 2015-09634] PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 23852 – 23854 [FR DOC # 2015-09896] PDF | Text | More

Hazardous Materials: Safety Advisory-Unauthorized Certification of Compressed Gas Cylinders Pages 23851 – 23852 [FR DOC # 2015-09937] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or railInternational and Domestic

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

 

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department Of Transportation.

January 2015 – Rules & Regulations, Proposed Rules, and Notices Regarding the Management of Hazardous Waste and the Transportation of Hazardous Materials

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Federal Register logo

The Federal Register is the tool used by the US Government to communicate with interested parties

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

  • Additional time to modify your business operations to comply.
  • Awareness of on what topics the regulatory agencies intend to focus their efforts.
  • The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
  • Make changes to your training program to account for changes that become effective before the next training cycle.
  • Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
  • Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

January 1, 2015 through January 31, 2015

Logo for US Environmental Protection AgencyUSEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Definition of Solid Waste Pages 1693 – 1814 [FR DOC # 2014-30382] PDF | Text | More

Georgia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 3888 – 3891 [FR DOC # 2015-01040] PDF | Text | More

Proposed Rules:

Lead-Based Paint Programs; Amendment to Jurisdiction-Specific Certification and Accreditation Requirements and Renovator Refresher Training Requirements Pages 1873 – 1880 [FR DOC # 2015-00473] PDF | Text | More

Is the waste generated during lead-based paint removal from a home a hazardous waste? Find out here:  The Household Hazardous Waste Exclusion

Georgia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 3936 – 3936 [FR DOC # 2015-01039] PDF | Text | More

Contact me with any questions you may have about the management of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

Notices:

None

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Petition for Waiver of Compliance Pages 1469 – 1470 [FR DOC # 2015-00114] PDF | Text | More

Logo for the Pipeline and Hazardous Materials Safety Administration (PHMSA)PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Hazardous Materials: Harmonization With International Standards (RRR) Pages 1075 – 1169 [FR DOC # 2014-30462] PDF | Text | More

Proposed Rules:

Hazardous Materials: Miscellaneous Amendments (RRR) Pages 3787 – 3838 [FR DOC # 2015-00265] PDF | Text | More

Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR) Pages 5339 – 5449 [FR DOC # 2015-01263] PDF | Text | More

Notices:

Delayed Applications Pages 105 – 106 [FR DOC # 2014-30557] PDF | Text | More

Notice of Application for Special Permits Pages 104 – 105 [FR DOC # 2014-30538] PDF | Text | More

Notice of Application for Modification of Special Permit Pages 275 – 276 [FR DOC # 2014-30550] PDF | Text | More

Actions on Special Permit Applications Pages 920 – 921 [FR DOC # 2014-30546] PDF | Text | More

Delayed Applications Pages 2777 – 2778 [FR DOC # 2015-00707]                PDF | Text | More

Notice of Application for Special Permits Pages 2778 – 2779 [FR DOC # 2015-00706] PDF | Text | More

Notice of Application for Modification of Special Permit Pages 3012 – 3013 [FR DOC # 2015-00705] PDF | Text | More

Actions on Special Permit Applications Pages 3311 – 3312 [FR DOC # 2015-00678] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

 

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department Of Transportation.

Announcements of Proposed Rules, Changes to the Rules, and Final Rules of the US DOT & US EPA – March 2013

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA) of the US DOT on the subject of Transportation of Hazardous Materials. (more…)

US EPA Compliance and Enforcement Annual Report for 2011

You are no doubt aware that the US Environmental Protection Agency is serious about enforcing its regulations in order to live up to its mandate to protect the environment.  The Office of Enforcement and Compliance Assurance (OECA) within the US EPA is tasked with carrying out this enforcement through a variety of measures.  From its website, the OECA…  “aggressively goes after pollution problems that make a difference in communities through vigorous civil and criminal enforcement that targets the most serious water, air and chemical hazards. OECA also advances environmental justice by protecting vulnerable communities.”

How do they do this?  Again, from its website:  “Through improved transparency and community participation, we are enlisting the public’s assistance to ensure compliance nationwide, and that no entity enjoys an unfair economic advantage from noncompliance with the nation’s environmental laws.” It’s the reference to “…improved transparency and community participation…” that should be of concern to the regulated community.  I am in favor of transparency.  I think our businesses, government, and communities function better when we have equal access to public information.  As a business, however, you should be aware that to a greater degree than ever before, information about your company – especially the results of inspections, investigations, and enforcement actions – are made available to the public.

One example of this is the US EPA Compliance and Enforcement Annual Results for 2011 Fiscal Year.  This website contains a wealth of information about US EPA’s enforcement and compliance activities for the year just past.  It includes a lot of bare statistics of interest that you may wish to peruse, but of more interest to the regulated community is the Enforcement Cases Map.  Once opened, you may select or unselect the type of enforcement activities you are interested in, in my case “Waste”.  The map will then reveal the location of all US EPA investigations that resulted in enforcement for violations of the Resource Conservation and Recovery Act (RCRA).  Click on a location and you may read information about the site.  Select “More Information” and you are taken to the US EPA’s website:  Enforcement and Compliance History Online (ECHO).  Here you find a “Detailed Facility Report” which contains a snapshot of the facility’s compliance history with the US EPA, not just waste, but air, water, emergency reporting, and more.

It has been – and will continue to be – a priority of the Obama administration to make public information easily available to the public.  As a business, you need to be aware of this reality and be prepared to take the following steps:

  1. Review any information about your company that is made public to ensure it is accurate.  Make corrections if it is not.
  2. Communicate proactively with your neighbors, community, state, region, etc. to inform them of what you are doing to maintain your business within the limits of the regulations.  Also inform them of any efforts beyond the regulations to reduce, reuse, and recycle.
  3. Avoid violations in the first place by ensuring compliance with the regulations.

For this last point, I suggest you attend one of my EPA & PHMSA/DOT open enrollment training events.  There, in one day, you will get a good understanding of the US EPA regulations for the management of hazardous waste and the PHMSA/DOT regulations for the transportation of hazardous materials.

If you have many employees to train, contact me for on-site training where for one flat fee of $1,749 for one day I can train as many as you need.

The Biennial Hazardous Waste Report for 2011

March 1st is the due date for submittal of the 2011 Biennial Hazardous Waste Report (EPA Form 8700-12 A/B).  Its purpose:  reporting to the EPA about the generation, management and final disposition of hazardous waste regulated by the Resource Conservation and Recovery Act (RCRA).  Though the US EPA requires the report be submitted every even-numbered year for the previous calendar year, some states have chosen to make it an annual requirement.

Each of the following regulated entities has a responsibility to submit the annual report:

  • Treatment Storage and Disposal Facility’s (TSDF’s) that treat, store, or dispose of hazardous waste on-site during the reporting year must submit the entire report.
  • Large Quantity Generators (LQG) of hazardous waste.  You are required to submit the entire report if you were an LQG for any calendar month in the reporting year.  If you wish, you need only report the waste you generated for the month you exceeded the LQG status threshold.
  • Small Quantity Generator (SQG) of hazardous waste.  An SQG may receive a notice to complete the report.  In this case you need only indicate on the form that you were an SQG for the reporting year, sign, and submit the report.

If you are unaware of your hazardous waste generator status, this survey will assist you.

The US EPA allows states to manage the RCRA Hazardous Waste Program themselves as long as their program is authorized by the Federal Agency.  To be authorized, state regulations must be at least as strict and as broad as the Federal regulations, they are allowed to be more strict and more broad.  A perfect example of this is that while the US EPA requires a Biennial Hazardous Waste Report, many states have made it an annual requirement, due each and every March 1st for the previous calendar year.  Another difference between the state and Federal level for this report is the requirement of some states, but not the US EPA, to submit the Off-Site Identification Form (Form OI).  In addition some states require separate annual reports – sometimes with fees – from companies within their borders, some examples:

  • Illinois has an annual Non-Hazardous Waste Report due February 1st.
  • Iowa (a state without an authorized RCRA Hazardous Waste Program) has an annual Hazardous Waste Activities Form due April 15th for LQG’s and SQG’s.
  • North Carolina has a Small Quantity Generator Waste Minimization Questionnaire due July 31st.

Check with your state environmental agency to determine what, if any, reporting requirements or fees they might have in addition to the US EPA.

There have been some changes to the report for 2011 in regards to definitions, source codes, form codes, and the instructions.  Minor changes were also made to the Site ID Form and the Form GM.  Read carefully the 2011 Hazardous Waste Report Instructions and Form for changes that may apply to you.

If you find yourself sitting at a desk with the report form and instructions and a stack of the previous year’s Uniform Hazardous Waste Manifests on February 29th, I urge you to consider a system to track your waste generation and off-site disposal.  Maintaining records throughout the year pays off big dividends when the Biennial (Annual in some states) Hazardous Waste Report is due.

To learn more about other regulatory requirements for hazardous waste generators including the training requirements of 40 CFR 265.16, attend one of my open enrollment training events.  This one day of training also meets the requirements of the PHMSA/US DOT for HazMat Employees involved in the transportation of hazardous materials.

Contact me to schedule on-site training!

Review my open enrollment training schedule and register now!

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