DG Digest: OSHA, the EPA and Canada Round Out a Busy Week

Trains, planes, and automobiles. It’s all regulated, and it’s all here in the Digest! BNSF Railway hauls freshly built Boeing 737 fuselages through the city streets of Renton, Washington en route to the aerospace giant’s nearby final assembly plant on Friday, March 25th, 2016. (Image © 3/2016 by Nikki Burgess; all rights reserved)

Trains, planes, and automobiles. It’s all regulated, and it’s all here in the Digest! BNSF Railway hauls freshly built Boeing 737 fuselages through the city streets of Renton, Washington en route to the aerospace giant’s nearby final assembly plant on Friday, March 25th, 2016. (Image © 3/2016 by Nikki Burgess; all rights reserved)

After a holiday weekend for many, we’re back on task with the most recent doings in the world of Dangerous Goods, EH&S, and other relevant regulations:

OSHA:

  • It seems that the agency’s effort to develop a rule dealing with so-called “Combustible Dusts” may be faltering. Apparently OSHA has pushed the issuance of any NPRM off its current agenda.  Speculation is that the complexity surrounding the many potential iterations of Combustible Dusts, and how to safely deal with them while still enforcing a sensible, workable regulation, is more complex than OSHA may have originally considered.  More information here 
  • OSHA has also published new final rules governing exposure to crystalline silica. The old exposure standards have been found to be inadequate, and the new rules strengthen these protections for both general industry and construction.  A June 23rd 2016 compliance date is imposed.  See this important new rule here 
  • OSHA continues its safety charge with a revised rule also issued covering face and eye protection. The new regulations affect general industry and construction and include updated ANSI standard references.  Here’s your story

U.S. EPA:

  • USEPA announced grants totaling over three million dollars to institutions working on clean water solutions—a topic much in the regulatory forefront account the ongoing safe water crisis in Flint, Michigan. The new awards will help fund research into safe and effective treatment of wastewaters, particularly those that may be re-used.  See more here 
  • USEPA also released its third report on the agency’s “Clean Diesel Emissions” program. This cooperative grant program with local governments and industry has helped to move many older and less “green” pieces of diesel equipment off the roads, waterways, and rails, replacing them with more modern and environmentally friendly equipment.  More information here
  • USEPA is also restructuring its “Ambient Monitoring Program.” This program is in place to help the agency collect and record information about a wide variety of industrial air pollutants, and those in the power industry and other “large source” emitters will want to be sure to review how EPA’s new plans for this program will impact the way that they may relate to you moving forward.  Interested?  Here’s the rule

Maritime News:

  • Ocean carriers continue to prepare for the July 1st 2016 incept date of the new “Verified Gross Mass” recording requirement for ocean shipping containers. The industry working group “OCEMA” (A US/EU working group of major carrier shipping lines) recently released its recommendations for “best practices” for meeting such requirements.  See the latest here

Canada:

  • In DG news from Canada, the Canadian Association of Petroleum Producers has created a new and no-cost tool for first responders, to assist them with crisis management and decision making during flammable liquids emergency. This topic continues in the forefront of Canadian concern following the disastrous accident at Lac-Megantic, Quebec in 2013.  Here’s where to find out more 
  • Transport Canada (our neighbor’s analog to USDOT) also issued new Protective Direction No. 35.” This order harmonizes relevant Canadian transport law with the April 1st date of compliance for all the recent IATA changes for Lithium Battery shipments by air.  More here

PHMSA:

  • In new PHMSA action, the safety agency released an information collection request (ICR). ICR’s mandate reporting from affected parties about the particular subject addressed in them.  In this case the request concerns the regulated testing of both portable tanks and Intermediate Bulk Containers (IBC’s).  See the request here 
  • PHMSA also intends to issue its long-awaited final rule on Reverse Logistics for hazardous materials by highway transport. It has not yet been published in the Federal Register—a necessary requirement for it to become “official” and set forth a mandatory compliance date.  However the proposed final text (and it’s worth noting that it still could—though it isn’t likely at this point—still could change, or even be withdrawn) is currently available for a sneak peek, courtesy of our friends at the COSTHA Council.  Official publication usually follows fairly soon after this.  See the verbiage here 
  • PHMSA also continued its work on the Special Permit front, releasing several new actions in reference to these unique documents. Here are the most recent updates:

U.S. Coast Guard:

  • The US Coast Guard seeks nominees to its Chemical Transportation Advisory Committee. This body helps the Coast Guard with issues surrounding the safe maritime transport of hazardous materials on US waters.  Nominating info here 

FMCSA:

  • Does your company own any Volvo commercial trucks? If so, you may want to check out this FMCSA directed safety recall order, which carries an out-of-service warning.  FMCSA alleges that some Volvo commercial trucks may have serious safety issues related to their steering assemblies.  Get the news here 
  • In a turn of events that may prove of huge impact, the FMCSA also ruled against the American Trucking Association (ATA) in its effort to extend the “hours-of-service” exemptions for time on duty to include waiting time that some drivers experience at some of their stops. FMCSA stated that the agency did not agree that ATA’s proposal would retain the level of safety that the current regulation specifies.  It’s a complex issue, and here’s the full story

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