& Others

   September 17, 2008

• HM232F PR –Security Plan Requirements
• HM224D PR - Transportation of Batteries
• HM238 –Storage of Explosives During
• HM215F FR - Corrections
      Transportation Security
        Plan Requirements
• On Sep 9, 2008, PHMSA proposed to modify its current
  security plan requirements governing the commercial
  transportation of hazardous materials by air, rail, vessel,
  and highway.
• Based on an evaluation of the security threats associated
  with specific types and quantities of hazardous materials,
  the proposed rule would narrow the list of materials
  subject to security plan requirements and reduce associated
  regulatory costs and paperwork burden.
• Would clarify certain requirements related to security
  planning, training, and documentation and incorporate and
  build on recent international standards governing
  hazardous materials security
Transporation of Batteries and
  Battery-Powered Devices;
• PHMSA July 31, 2008 proposed to amend the HMR to
  maintain alignment with international standards by
  including changes to proper shipping names, hazard
  classes, packing groups, special provisions, packaging
  authorizations, air transport quantity limitations, and vessel
  stowage requirements including
   – Amendments and clarifications addressing the safe transportation
     of batteries and battery powered devices.
   – clarify the prohibition against transporting electrical devices, that
     are likely to create sparks or generate a dangerous amount of heat.
   – modify and enhance requirements for the packaging and handling
     of batteries and battery powered devices, particularly in air
     commerce, to emphasize the safety precautions that are necessary
     to prevent incidents during transportation.
  Storage of Explosives During
• On July 3, 2008, PHMSA re-opened the comment period
  due to concerns that current requirements may not
  adequately address the risks associated with the storage of
  explosives while they are in transportation.
• On November 16, 2005, we published an advance notice
  of proposed rulemaking to solicit comments concerning
  measures to reduce those risks. The comment period
  closed February 14, 2006.
• To ensure that our stakeholders are fully aware of the risks
  we are addressing and given sufficient opportunity to
  comment, this ANPRM re-opens the comment period,
  summarizes the comments already in the docket unit Oct 1
             HM-238 ANPRM
   Storage of Explosives during Transportation
• Requirements to address the current safety and
  security risks associated with the storage of
  explosives during transportation
• Comments whether regulatory action is warranted
• Comments whether enhanced requirements for
  storage incidental to movement should apply to
  other hazardous materials (e.g., materials toxic by
• Specific comments on use of “Safe Havens” and
  Explosive Interchange Lots”
              HM208G NPRM –
Registration & Fee Assessment
• On May 5, 2008 PHMSA proposed to amend the
  statutorily-mandated registration and fee assessment
  program for persons who transport, or offer for
  transportation, certain categories and quantities of
  hazardous materials.
• For those registrants not qualifying as a small business or
  not-for-profit organization, we are proposing to increase
  the fee from $1,000 to $2,500 for registration year 2009–
  2010 and following years.
• The proposed fee increase is necessary to fund the national
  Hazardous Materials Emergency Preparedness grants
  program at approximately $28,000,000 in accordance with
  the Administration’s Fiscal Year 2008 budget.

• OSHA’s Lockout/Tagout Directive
• Proposed Rule on PPE and Training Violations
 OSHA’s Lockout/Tagout Directive
• The new LOTO compliance directive cancels and
  supersedes the old instruction,
• Significant modifications in the new instruction include:
   – Incorporation of compliance assistance flowcharts
   – additional guidance on the minor servicing exception, specific
     energy control procedures, periodic inspections, and unexpected
   – information and guidance on Alternative Methods to LOTO
   – general reference material pertinent to hazardous energy control,
     including governmental, industrial, and consensus standards, and
   – Addition of vehicle repair and maintenance standards and
     practices, including relevant Internet links, to assist employers
     engaged in activities.
• Evaluation of LOTO compliance will now be part of ALL
  programmed inspections.
    Proposed Rule on PPE and
       Training Violations
• OSHA announced in the August 19, 2008 a proposed rule
  on a Clarification of Remedy For Violation of
  Requirements To Provide Personal Protective Equipment
  and Train Employees
• OSHA is proposing to amend its regulations to add
  language clarifying that noncompliance with the PPE and
  training requirements in safety and health standards in
  these parts may expose the employer to liability on a per-
  employee basis. The amendments consist of new
  paragraphs added to the introductory sections of the listed
  parts and changes to the language of some existing
  respirator and training requirements.
•   Lead NAAQS Reduction
•   Public Drinking Water CCL
•   HPV Testing
•   NSR for Fine Particulates PM2.5
•   REACH Requirement For Articles
•   EPA Audit Policy
•   E - Manifest System
          Lead NAAQS Reduction
• May 1, 2008 EPA proposed revisions to the NAAQS for
  lead. EPA proposes to revise elements of the primary
  standard “to provide increased protection for children and
  other at-risk populations.”
• It would revise the existing standard of 1.5 micrograms
  per cubic meter (μg/m3) of air to a level within the range
  of 0.10 to 0.30 μg/m3 TSP.
• EPA requests comments on alternative levels from less
  than 0.10 to 0.50 μg/m3.
• EPA proposes to make the secondary standard identical in
  all respects to the proposed primary standard.
• EPA, by September 15, 2008, will sign a notice of final
  rulemaking for publication in the FR.”
     Public Drinking Water CCL
• EPA will not regulate 11 of 51 contaminants on its drinking
  water contaminant candidate list, including, 2-4-
  dinitrotoluene; 2,6-dinitrotoluene
• EPA said it is updating health advisories for 7 of the
  contaminants to provide current health information to local
  officials including 2-4-dinitrotoluene & 2,6-dinitrotoluene
• In a fact sheet on its CCL announcement, EPA said it will
  soon publish a regulatory determination for perchlorate.
• Information on EPA's Drinking Water Contaminant List and
  regulatory determinations is available at
               HPV Testing
• EPA published a proposed rule under the High
  Production Volume Chemical Program (“HPV”),
  that would require further testing of PETN. Based
  on initial voluntary testing, the agency has placed
  PETN into the Test Group 1 category that requires
  the need for acute toxicity testing for fish and
  Daphnia to complete the aquatic toxicity endpoints
  that align with the minimum SIDS data
  requirements. Prior to the initial testing, it was
  unknown if acute or chronic testing was appropriate
  for this particular chemical.
 NSR for Fine Particulates PM2.5
• May 8, 2008 EPA issued a final rule clarifying equirements
  for state, local, and tribal governments to enforce the New
  Source Review (NSR) program for fine particulate matter
• The new rule defines a major emissions source as one that
  emits 250 tons/yr with the exception of 28 source categories
  that will constitute a major emitter at 100 tons/yr.
• The rule also sets NSR significant emissions rates at 10
  tons/yr of fine particle matter, 40 tons/yr of SO2, 40 tons/yr
  of NOx, and 40 tons/yr of vVOCs, if regulated.
• The NSR process requires facilities such as power plants and
  industrial sites that emit fine particles to obtain emissions
  control permits prior to construction.
          REACH Requirement
             For Articles
• April 28, 2008, the EC and ECHA clarified a clause in
  the EU’s REACH legislation.
• The REACH legislation states that if such a substance is
  present . . . Above 0.1 percent weight, the ECHA may
  require the article to be registered under REACH.
• The legislation was not clear, however, on whether an
  article, constituted a finished product made up of multiple
  components that might contain hazardous substances, or
  if the threshold should apply to each individual
• More information on the REACH RIP 3.8 guidance, on
  requirements for substances in articles, is available at
            EPA Audit Policy
• Aug 1, 2008 EPA published in the FR its “Interim
  Approach to Applying the Audit Policy to New Owners”.
• The Interim Approach is effective upon publication, but
  EPA is seeking public comment no later than Oct 30, 2008.
• The Interim Approach describes in detail how EPA will
  apply its April 11, 2000, policy on “Incentives for Self-
  Policing: Discovery, Disclosure, Correction and Prevention
  of Violations,” commonly known as the Audit Policy.
• EPA believes that “encouraging the new owners of
  regulated facilities to assess, disclose, and address
  environmental compliance at their newly acquired facilities
  presents a promising opportunity to achieve significant
  improvements to the environment in an expeditious and
  efficient way.”
          E - Manifest System
• The Senate Environment and Public Works Committee
  voted July 31 to authorize development of an electronic
  system to track hazardous waste.
• The "Hazardous Waste Electronic Manifest Establishment
  Act" (S. 3109), would allow EPA to collect the fees that
  would fund the e-manifest system. Supporters of e-
  manifesting maintain that e-manifests would result in more
  complete and accurate tracking of wastes.
• The bill would authorize EPA to select a contractor to
  develop an electronic system that would enable states and
  private industry to transition to an electronic system to
  track the waste.
• There is no companion bill in the House of Representatives.
           ATF Regulations

• Orange Book
            ATF P 5400.7 –
 Federal Explosives Law and Regulations
• The ATF has produced a publication entitled
  Federal Explosives Law and Regulations,
  otherwise known as the “Orange Book”.
• Electronic copies of ATF Publication 5400.7 may
  be obtained through the ATF website.
• Printed copies of ATF Publication 5400.7 may be
  obtained through the ATF Distribution Center.
              DHS Regulations

• Chemical Security Coordinating Council
• 7,000 Chemical Plants, Facilities Facing Risk
  DHS - 7,000 Chemical Plants,
    Facilities Facing Risk
• More than 7,000 chemical plants that process and handle
  chemicals have been designated preliminarily as high-risk
  targets for a terrorist attack, which requires them to do
  vulnerability assessments and draft security plans.
• The initial evaluation of about 32,000 facilities was
  completed with letter sent the week of June 23.
• These facilities, which DHS categorized into four tiers
  based on their risk potential, now must submit security
• Those designated as Tier 1-- representing the highest risk
  level--must submit assessments within 90 days; Tier 2
  within 120 days; Tier 3 within 150 days; and Tier 4
  within 180 days.
• The assessments will determine the final tier rankings,
  which in turn will dictate how strict the security measures
  must be for that plant.
Chemical Security Coordinating
 Council met September 10th
• Risk-based Performance Standards: The next step after
  completing a site vulnerability assessment under CFATS
  is to develop a site security plan that describes how a
  facility will address applicable RBPS at the level
  prescribed for the site’s tier. DHS plans to gather
  information about how each site will meet the RBSP
  through an on-line tool. This will allow DHS to better
  contrast and compare how facilities are planning to
  address risk across each tier. When this proposal is
  transmitted to OMB, CSCC members have been promised
  a draft for review.
     DHS - CVI Procedural Manual
• DHS is rewriting its 58-page guidance manual on the CVI
  program with a goal to simplify compliance and to make the
  manual more user-friendly, cutting the size of the manual by
  half. Among the changes, DHS:
   – Will clarify which aspects are guidance and which are based on
     statutory or regulatory requirements;
   – Will remove requirements that individuals inter into non-disclosure
   – Will eliminate the concept of CVI tracking numbers;
   – Will streamline models for access and disclosure of CVI within and
     between private and public entities;
   – Will clarify the meaning of “need to know;”
   – Will provide greater detail about what information is and is not CVI;
     DHS - CVI Procedural Manual
• DHS is rewriting its 58-page guidance manual on the CVI
  program with a goal to simplify compliance and to make the
  manual more user-friendly, cutting the size of the manual by
  half. Among the changes, DHS (cont.):
   – Will clarify that DHS does not need to be notified when CVI is properly
     disclosed to authorized users with a need to know.
   – You will be notified when the new manual is available. No one is
     required to re-certify based on the new procedures, although current
     authorized users are welcome to “retake” the training without submitting
     the results for a new authorization number.
Other Regulations
DOD Contractor Ammo & Explosive
       Safety Standards
• DoD 4145.26M Contractor’s Safety Manual –
  reissue on March 13, 2008

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