PHMSA ISSUES ANPRM ON MODERNIZING HAZMAT REGULATIONS
August 7, 2023
On July 5, 2023, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an Advance Notice of Proposed Rulemaking (“ANPRM”) to obtain feedback on proposed initiatives to modernize the Hazardous Materials Regulations (“HMR”), improve efficiencies, and maintain or improve safety. PHMSA noted that it has received regulatory modernization topics through petitions and internal review efforts based on changing technologies, transportation trends, and economic conditions warranting the collection of additional information from commenters to help it develop specific changes to the HMR. The ANPRM will allow PHMSA to gather comments on the safety, environmental, and economic impacts of regulatory modernization initiatives suggested by the regulated community and stakeholders. More specifically, PHMSA has requested public comments on questions related to 46 different topics, including:
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Evaluation of Carrier Maintenance of Emergency Response Information
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Non-Bulk Packaging, Intermediate Bulk Container, and Large Packaging Periodic Retest Extension
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Use of Non-Bulk Package Test Samples for Multiple Tests
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Requirements for Damaged, Defective, or Recalled Lithium Cells and Batteries
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Sampling and Testing Program for Unrefined Petroleum-Based Products
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Recycling Safety Devices
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Creation of Basic Description and Shipping Description Definitions
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Removal of the 60-Day Renewal Requirement for Approvals and Special Permits
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Emerging Technologies
A full list of the topics under consideration and the applicable questions on which public comment has been sought can be found in the published ANPRM, available here. Interested parties may submit comments until October 3, 2023.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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