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January Regulatory review

 
February 3, 2010  Regulatory Update Information


AGENCY: Environmental Protection Agency (EPA).

 

ACTION: Notice of availability and announcement of public comment period.

 

 

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is

 

announcing a 50-day public comment period for draft recommended

 

interim preliminary remediation goals (PRGs) developed in the Draft

 

Recommended Interim Preliminary Remediation Goals for Dioxin in Soil at

 

Comprehensive Environmental Response, Compensation, and Liability Act

 

(CERCLA) and Resource Conservation and Recovery Act (RCRA) Sites.

 

EPA's Office of Solid Waste and Emergency and Emergency Response

 

(OSWER) has developed the draft recommended interim PRGs for dioxin

 

in soil. These draft recommended interim PRGs were calculated using

 

existing, peer-reviewed toxicity values and current EPA equations and

 

default exposure assumptions. This Federal Register notice is intended

 

to provide an opportunity for public comment on the draft recommended

 

interim PRGs. EPA will consider any public comments submitted in

 

accordance with this notice and may revise the draft recommended interim

 

PRGs thereafter.
 
DATES:
Comments may be submitted in writing by February 26, 2010.
   

Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010
Pages 1302 to 1324

 

DEPARTMENT OF TRANSPORTATION

 

Pipeline and Hazardous Materials Safety Administration

 

49 CFR Parts 172, 173, 175

 

[Docket No. PHMSA-2009-0095 (HM-224F)] RIN 2137-AE44
 

Hazardous Materials: Transportation of Lithium Batteries
 

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),

 

DOT.

 

ACTION: Notice of proposed rulemaking.

 

SUMMARY: PHMSA, in consultation with the Federal Aviation Administration

 

(FAA), is proposing to amend requirements in the Hazardous Materials

 

Regulations (HMR) on the transportation of lithium cells and batteries,

 

including lithium cells and batteries packed with or contained in equipment.

 

 

The proposed changes are intended to enhance safety by ensuring that all

 

lithium batteries are designed to withstand normal transportation conditions.

 

This would include provisions to ensure all lithium batteries are packaged

 

to reduce the possibility of damage that could lead to a catastrophic incident,

 

and minimize the consequences of an incident. In addition, lithium batteries

 

would be accompanied by hazard communication that ensures appropriate

 

and careful handling by air carrier personnel, including the flight crew, and

 

informs both transport workers and emergency response personnel of

 

actions to be taken in an emergency.

 

These proposals are largely consistent with changes made to the United

 

Nations Recommendations on the Transport of Dangerous Goods

 

(UN Recommendations) and the International Civil Aviation Organization

 

Technical Instructions on the Safe Transport of Dangerous Goods by

 

Air (ICAO Technical Instructions) and respond to recommendations

 

issued by the National Transportation Safety Board (NTSB).
 

DATES: Comments must be received by March 12, 2010.
 
We are proposing a mandatory compliance date of 75 days after the date of

 

publication of a final rule in the Federal Register.
 

Summary of Proposals in This NPRM

 

In this NPRM, we propose a numberof provisions to enhance the safe

 

transportation of lithium batteries. The proposals are intended to reform

 

the current regulatory framework specific to lithium batteries and

 

strengthen the regulations by eliminating certain exceptions. These revisions

 

will enhance safety by ensuring that all lithium batteries are designed to

 

withstand normal transportation conditions, packaged to reduce the

 

possibility of damage that could lead to an incident, and accompanied by

 

hazard communication information that ensures appropriate and careful

 

handling by air carrier personnel and informs transport workers and

 

emergency response personnel of actions to be taken in an emergency. The

 

additional hazard communication information will also provide the pilot in

 

command with additional information about the location and quantity of

 

lithium batteries should an unrelated fire require emergency measures.

 

Several of the proposals are based on recommendations issued by the NTSB.

 

Specifically, in this NPRM,we propose to:

 

•     Revise current shipping descriptions for lithium batteries (UN3090),

 

lithium batteries packed with equipment (UN3091), and lithium batteries

 

contained in equipment (UN3091) to specify lithium metal batteries including

 

lithium alloy batteries as appropriate.

 

•     Adopt shipping descriptions for lithium ion batteries including lithium ion

 

polymer batteries (UN3480), lithium ion batteries packed with equipment

 

including lithium ion polymer batteries (UN3481), lithium ion batteries

 

contained in equipment including lithium ion polymer batteries (UN3481).

 

•     Adopt watt-hours in place of equivalent lithium content to measure the

 

relative hazard of lithium ion cells and batteries.

 

•     Incorporate by reference the latest revisions to the United Nations

 

Manual of Tests and Criteria applicable to the design type testing of lithium

 

cells and batteries.

 

•     Adopt and revise various definitions including ''Aggregate lithium

 

content'', ''Lithium content'', ''Lithium ion cell or battery'', ''Lithium

 

metal cell or battery'', ''Short circuit'', and ''Watthour'' based on

 

definitions found in the UN Manual of Tests and Criteria.

 

•     Require manufacturers to retain results of satisfactory completion of UN

 

design type tests for each lithium cell and battery type and place a mark on

 

the battery and/or cell to indicate testing has been completed successfully.

 

PHMSA and the FAA will coordinate with the appropriate international

 

organizations to ensure consistency.

 

•     For air transportation, eliminate regulatory exceptions for lithium cells

 

and batteries, other than certain exceptions for extremely small lithium cells

 

and batteries that are shipped in very limited quantities such as button cells

 

and other small batteries that are packed with or contained in equipment

 

and those required for operational use in accordance with applicable air

 

worthiness requirements and operating regulations.

 

•     For all transport modes, require lithium cells and batteries to be packed

 

to protect the cell or battery from short circuits.

 

•     Unless transported in a container approved by the FAA Administrator,

 

when transported aboard aircraft, limit stowage of lithium cells and

 

batteries to crew accessible cargo locations or locations equipped with an

 

FAA approved fire suppression system.

 

•     Consolidate and simplify current and revised lithium battery

 

requirements into one section of the HMR.

 

•     Apply appropriate safety measures for the transport of lithium cells or

 

batteries identified as being defective for safety reasons, or those that have

 

been damaged or are otherwise being returned to the manufacturer. To

 

expedite compliance with the amendments in this notice, we are proposing a

 

mandatory compliance date of 75 days after the date of publication of the

 

final.

 
 
Federal Register: January 19, 2010 (Volume 75, Number 11)]

 

Page 2938-3052 
 

ENVIRONMENTAL PROTECTION AGENCY 

 

40 CFR Parts 50 and 58 

 

[EPA-HQ-OAR-2005-0172; FRL-9102-1] RIN 2060-AP98   
 

National Ambient Air Quality Standards for Ozone  
 

AGENCY: Environmental Protection Agency (EPA). 

 

ACTION: Proposed rule.

 

SUMMARY: Based on its reconsideration of the primary and secondary

 

national ambient air quality standards (NAAQS) for ozone (O3) set in

 

March 2008, EPA proposes to set different primary and secondary

 

standards than those set in 2008 to provide requisite protection of public

 

health and welfare, respectively. With regard to the primary standard for

 

O3, EPA proposes that the level of the 8-hour primary standard, which

 

was set at 0.075 ppm in the 2008 final rule, should instead be set at a

 

lower level within the range of 0.060 to 0.070 parts per million (ppm), to

 

provide increased protection for children and other ``at risk'' populations

 

against an array of O3-related adverse health effects that range from

 

decreased lung function and increased respiratory symptoms to serious

 

indicators of respiratory morbidity including emergency department

 

visits and hospital admissions for respiratory causes, and possibly

 

cardiovascular-related morbidity as well as total non-accidental and

 

cardiopulmonary mortality. With regard to the secondary standard for

 

O3, EPA proposes that the secondary O3 standard, which was set identical

 

to the revised primary standard in the 2008 final rule, should instead be a

 

new cumulative, seasonal standard expressed as an annual index of the

 

sum of weighted hourly concentrations, cumulated over 12 hours per day

 

(8 am to 8 pm) during the consecutive 3-month period within the O3 season

 

with the maximum index value, set at a level within the range of 7 to

 

15 ppm- hours, to provide increased protection against O3-related adverse

 

impacts on vegetation and forested ecosystems.  
 
DATES:
Written comments on this proposed rule must be received by

 

March 22, 2010. 
 
 
 
Federal Register / Volume 75, Number 11 Tuesday, January 19, 2010
 

Pages 2926-2927

 

DEPARTMENT OF TRANSPORTATION 

 

Pipeline and Hazardous Materials Safety Administration 

 

[Docket No. PHMSA-2009-0408]  

 

Pipeline Safety: Reporting Drug and Alcohol Test Results for

 

Contractors and Multiple Operator Identification Numbers 

 

AGENCY: Pipeline and Hazardous Materials Safety Administration

 

(PHMSA),  DOT. 

 

ACTION: Notice; Issuance of Advisory Bulletin.

 

SUMMARY: This notice advises operators of gas, hazardous liquid, and

 

carbon dioxide pipelines and liquefied natural gas facilities that the Pipeline

 

and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline

 

Safety (OPS), is modifying the Drug & Alcohol Management Information

 

System (DAMIS) to allow the reporting of contractor data without duplication

 

and will begin collecting annual drug and alcohol  testing data for contractor

 

employees with Management Information  System (MIS) reports due March

 

15, 2010. The collection of contractor MIS reports will provide data for the

 

entire pipeline industry to calculate the required minimum annual percent rate

 

for random drug testing. Operators will also identify all OPS issued operator

 

identification numbers (OpID) covered by a MIS report of operator employees. 

 

FOR FURTHER INFORMATION CONTACT: Stanley T. Kastanas, Program

 

Manager, Substance Abuse Prevention Program at 202-550-0629 or by e-mail at

 

Stanley.Kastanas@dot.gov
 

 

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Chapter Partners
 
 
 
Congratulations to NCC-ACHMM members, George Campbell
and Robin Spencer, named Fellows of the
Alliance of Hazardous Materials Professionals!