PHMSA gave advanced notice of proposed rulemakings requiring the provision by railroads of real-time train consist and location information for crude oil trains to emergency response agencies, as well as new volatility and vapor pressure standards during the transport of such flammable liquids. A BNSF oil train is northbound in Auburn, Washington on January 21st, 2017. Image © 1/2017 by Nikki Burgess; all rights reserved.

The week kicks off with the new Trump administration in place in Washington placing a “moratorium” on new rulemaking on the federal level.  Rulemakings already in the pipeline will potentially be delayed as well.  At press time the exact impact of the action is still somewhat cloudy.  Be sure to see next week’s blog for further developments as to how this action will play out “real-world.”

PHMSA

• The biggest news on the PHMSA DG front is the status of the new UN Harmonization, HM-215N.  This rule will conform US practice with that of the UN with respect to things like the new Class 9 Lithium Battery  and handling labels, changes to the UN3166 proper shipping names for engine and machinery, and provision of new and revised UN ID #’s in the 3500 series, among other actions.  The final rule is currently scheduled for publication on Friday the 26^th.  At present PHMSA is indicating that the effective date of January 18^th will be unaffected by the new moratorium and that the rule will publish as is.  This blog will provide a more complete summary of the rule following its actual publication.  See PHMSA’s press release in reference to the current situation.
• The agency is considering revising the Hazardous Materials Regulations (HMR) to establish vapor pressure limits for unrefined petroleum based products and potentially all Class 3 flammable liquid hazardous materials that would apply during the transportation of the products or materials by any mode. PHMSA is currently assessing the merits of a petition for rulemaking submitted by the Attorney General of the State of New York regarding vapor pressure standards for the transportation of crude oil. The petition requests that PHMSA implement a Reid Vapor Pressure (RVP) limit less than 9.0 pounds per square inch (psi) for crude oil transported by rail. PHMSA will use the comments in response to this ANPRM to help assess and respond to the petition and to evaluate any other potential regulatory actions related to sampling and testing of crude oil and other Class 3 hazardous materials. Comments must be received by March 20, 2017.  See the ANPRM here
• The agency requests comment on the Fixing America’s Surface Transportation (FAST) Act of 2015. It directs the Secretary of Transportation to require Class I railroads that transport hazardous materials to generate accurate real-time electronic train consist information and establish means to provide that information to state and local emergency response officials during an accident. In support of developing regulations to implement the mandate PHMSA requests comments and information on baseline changes, affected entities, and costs and benefits related to the proposed rule.   Comments must be received by April 19, 2017. See the ANPRM here

U.S. DOT

In general drug testing news affecting all modes of regulated transport, the agency is proposing to amend its drug-testing program regulation to add four opioids to its drug-testing panel and revise the list of acceptable confirmatory test analytes.  The proposed revision is intended to harmonize with the revised Mandatory Guidelines established by the U.S. Department of Health and Human Services for federal drug-testing programs for urine testing.  Comments should be submitted by March 24, 2017. See the proposal here

EPA

The agency has published a modernization of its risk management plan impacting security and incident response at the nation’s chemical manufacturing and storage facilities.  See the plan amendments here

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