The Fall 2008 Regulatory Agendas Are Out!
On November 24, 2008, Federal regulatory agencies published their semiannual regulatory agendas and regulatory plans as required under the Regulatory Flexibility Act [5 U.S.C. 602]. The agenda is where agencies summarize all current and projected rulemakings, reviews of existing regulations, and completed action. The detailed agendas are no longer published in the Federal Register; the complete Unified Agenda (for all departments and agencies) is now available online at www.reginfo.gov.
Highlights from the agendas of the U.S. Department of Homeland Security, Environmental Protection Agency, Department of Transportation, and
Department of Labor are provided below. To learn more about a rule, or to read the full agenda, go to the Current Unified Agenda of Regulatory and Deregulatory Actions, select the agency you are looking for from the drop-down menu, and look for the entry with the matching Rule Identifier Number (RIN).
Department of Homeland Security
- TWIC Card Readers (RIN: 1625-AB21) The Coast Guard is establishing electronic card reader requirements for maritime facilities and vessels to be used in combination with TSA's Transportation Worker Identification Credential. An advanced notice of proposed rulemaking is targeted for December 2008.
- Rail Transportation Security (RIN: 1625-AA51) The Transportation Security Administration (TSA) will issue requirements that will codify the scope of TSA's existing inspection program and require regulated parties to allow TSA and Department of Homeland Security (DHS) officials to enter, inspect, and test property, facilities, conveyances, and records relevant to rail security. This action will also require that regulated parties designate rail security coordinators and report significant security concerns to DHS. TSA further will identify a list of rail security-sensitive materials and require that freight rail carriers and certain facilities handling rail security-sensitive materials be equipped to report location and shipping information to TSA upon request and to implement chain-of-custody requirements to ensure a positive and secure exchange of specified hazardous materials. A final rule is expected November 2008.
- Railroads - Vulnerability Assessments and Security Plan (RIN: 1652-AA58) The rulemaking will propose general requirements for each high-risk railroad carrier to conduct a vulnerability assessment, implement a security plan that addresses security performance requirements, and establish standards and guidelines for developing and implementing these vulnerability assessments and security plans. A proposed rule is targeted for October 2009.
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Environmental Protection Agency
- Universal Waste (RIN 2050-AG39) The agency has proposed adding hazardous pharmaceutical wastes to the universal waste system. A targeted date for a final rule is yet to be determined.
- Electronic Manifests (RIN: 2050 AG20) The EPA would revise the RCRA regulations to establish the standards and procedures under which hazardous waste handlers will be authorized to use electronic manifests in lieu of the existing paper manifest form (EPA Form 8700-22). EPA's current RCRA regulations only allow the use of the paper manifest form, which must be carried physically with the waste shipment, signed by hand with each change of custody, and filed among each waste handler's operating records for three years. This revision to the RCRA manifest regulations will specify the conditions under which electronic manifests may be obtained, completed, electronically signed, and transmitted, so that the electronic manifests may be used and accepted as the legal equivalent of the current paper manifest form. A final rule is planned in September 2009.
- Solvent Contaminated Wipes (RIN 2050-AE51) The agency is considering regulation to provide relief for two types of solvent-contaminated wipes: (1) wipes disposed of in a landfill or by combustion after use (conditional exclusion from the definition of hazardous waste), and (2) wipes that are laundered after use to remove the solvent and then are used again (exclusion from the definition of solid waste). There is no timetable for a final rule.
- Drinking Water Quality (Radon) (RIN: 2040-AA94) The agency is considering the addition of a maximum contaminant level (MCL) for radon in public water drinking supplies. A final rule is targeted for May 2011.
- Potential to Emit (RIN: 2060-AN65) This rule would revise the definition of the term "potential to emit" (PTE) used in numerous regulations to determine the applicability of major source requirements for three programs: (1) Major New Source Review (NSR) program, (2) the National Emission Standards for Hazardous Air Pollutants (HAPs), and (3) the Title V state operating permit programs. A proposed rule is targeted for January 2009.
- Revised Definition of VOC (RIN: 2060-AN75) EPA has proposed adding two compounds (propylene carbonate and dimethyl carbonate) to the list of negligible reactive compounds in EPA's regulatory definition of VOC. Granting VOC exemption status to these compounds will remove a regulatory burden from industries that want to use these compounds, and states will be relieved of the burden of controlling these compounds without adversely affecting air quality. A final rule is targeted for May 2009.
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Department of Transportation
Pipeline and Hazardous Materials Safety Administration (PHMSA)
- Combination Packages Containing Liquids Transported by Aircraft (RIN: 2137-AE32) The administration is considering measures to reduce the incidents of package failures and to minimize the consequences of failures should they occur. PHMSA is soliciting comments on how to accomplish these goals, including measures to verify packaging integrity, such as performance testing, and revisions to packaging requirements, such as the addition of liners or absorbent material. A proposed rule is targeted for April 2009.
- Miscellaneous Packaging Amendments (RIN: 2137-AD89) This rulemaking would add provisions for large packagings and revise the specification requirements for non-bulk packagings and portable tanks. It would address issues raised through enforcement actions and requests for clarification of the regulations by packaging manufacturers, third-part labs, and shippers. Also, this action would address packaging closures, design modifications that may or may not require recertification. A final rule is targeted for July 2009.
- Harmonization With International Standards (RIN: 2137-AE31) This rulemaking would amend the Hazardous Materials Regulations to maintain consistency with international standards. The amendments are necessary because of recent changes to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transportation of Dangerous Goods, and the United Nations (U.N.) The most significant revisions include (1) incorporation by reference of the updated ICAO Technical Instructions, IMDG Code, and UN Recommendations; (2) amendments to the Hazardous Materials Table (HMT); (3) revisions to requirements for the transportation of fuel cells; (4) expanded exceptions for small quantities of certain hazardous materials; and (5) revision and clarification of the rules for batteries and battery-powered devices. A final rule is targeted for December 2008.
- Emergency Response Telephone Numbers (RIN:2137-AE21) The rulemaking would amend the Hazardous Material Regulations by requiring a third party to provide emergency response information by telephone to identify the person registered with the third-party provider on shipping papers. The rulemaking would ensure a third-party provider is able to identify the shipment for which it is responsible and provide necessary information to transport workers and first responders in the event of a hazardous materials incident. A final rule is targeted for November 2008.
Federal Motor Carrier Safety Administration (FMSCA)
- Unified Registration (RIN: 2126-AA22) This rulemaking would replace three current identification and registration systems: the U.S. DOT number identification system, the commercial registration system, and the financial responsibility system, with an online Federal unified registration system. A supplemental notice of proposed rulemaking is expected in November 2009.
- Electronic On-Board Recorders for Hours-of-Service Compliance (RIN: 2126-AA89) This rulemaking would amend the Federal Motor Carrier Safety Regulations to incorporate new performance standards for electronic on-board recorders (EOBRs) to document compliance with the Federal hours-of-service rules. The rulemaking would consider the potential benefits and costs of requiring motor carriers to install and use EOBRs and evaluate alternative approaches including: (1) mandating such practice industry-wide, (2) limiting the requirement to motor carriers with certain characteristics, and (3) allowing EOBR use to remain voluntary. A final rule is targeted for December 2008.
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Department of Labor
Occupational Safety and Health Administration (OSHA)
- Hazard Communication (RIN: 1218-AC20) OSHA is considering revisions to its Hazard Communication Standard (HCS) to harmonize the classification and labeling requirements with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS). There is an international goal to have as many countries as possible implement the GHS by 2008. OSHA's revisions would involve changing the criteria for classifying health and physical hazards, adopting standardized labeling requirements, and requiring a standardized order of information for safety data sheets. A proposed rule is targeted for December 2008.
- Standards Improvement (RIN: 1218-AC19) OSHA is continuing its efforts to remove or revise duplicative, unnecessary, and inconsistent safety and health standards. This effort builds upon the success of the Standards Improvement Project (SIPs) Phase I published on June 18, 1998 (63 FR 33450), and Phase II published on January 5, 2005 (70 FR 1111). A proposed rule is expected in February 2009.
- National Consensus Standards (PPE) (RIN:1218-AC08) The administration intends to publish a final rule updating the consensus standards adopted by reference in the General Industry Standards for personal protection equipment (PPE). A final rule is targeted for December 2008.
- Employer Duties to Provide PPE and Train Employees (RIN: 1218-AC42) OSHA is considering amending its standards for general, maritime, and construction industry to clarify that when a standard requires the employer to provide PPE to employees, or train employees, each employee not provided PPE or trained is a separate instance of a violation of the standard. The amendment will clarify the remedy available to OSHA for violations of the PPE and training standards; it will not change the standards' substantive requirements in any way and will add no new regulatory burden. A final rule is expected in December 2008.
- Walking and Working Surface/Personal Fall Protection (RIN: 1218-AB80) The Agency has been working to address slip, trip, and fall hazards and establish requirements for personal fall protection systems. A proposed rule is targeted for March 2009.
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