REGULATIONS UPDATE

1
REGULATIONS UPDATE

• DOT, OHSA, EPA, ATF,
• Others
• September 17, 2008

2
DOT REGULATIONS

• HM232F PR Security Plan Requirements
• HM224D PR - Transportation of Batteries
• HM238 Storage of Explosives During
  Transportation
• HM215F FR - Corrections

3
Transportation SecurityPlan 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

4
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.

5
Storage of Explosives During Transportation

• 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

6
HM-238 ANPRMStorage 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 inhalation)
• Specific comments on use of Safe Havens and
  Explosive Interchange Lots

7
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 20092010 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
  Administrations Fiscal Year 2008 budget.

8
OSHA REGULATIONS

• OSHAs Lockout/Tagout Directive
• Proposed Rule on PPE and Training Violations

9
OSHAs 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 energization
• 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.

10
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.

11
EPA REGULATIONS

• 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

12
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.

13
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 http//www.epa.gov/safewater/ccl/index.html

14
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.

15
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
  emissions.
• 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.

16
REACH RequirementFor Articles

• April 28, 2008, the EC and ECHA clarified a
  clause in the EUs 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 component.
• More information on the REACH RIP 3.8 guidance,
  on requirements for substances in articles, is
  available at http//ecb.jrc.it/home.php.

17
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.

18
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.

19
ATF Regulations

• Orange Book

20
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.

21
DHS Regulations

• Chemical Security Coordinating Council
• 7,000 Chemical Plants, Facilities Facing Risk

22
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 vulnerability.
• 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.

23
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
  sites 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.

24
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 agreements
• 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 and

25
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.

26
Other Regulations
27
DOD Contractor Ammo Explosive Safety Standards

• DoD 4145.26M Contractors Safety Manual
  reissue on March 13, 2008
• http//www.js.pentagon.mil/whs/directives/corres/p
  df/414526mp.pdf