News & Analysis as of

Hazardous Substances Department of Transportation (DOT)

Williams Mullen

Communication is Key: OSHA’s Amended Hazard Communication Standard

Williams Mullen on

OSHA is amending its Hazard Communication Standard (HCS) regulations which require chemical manufacturers and importers to classify the hazards of chemicals they produce or import and to provide their employees information...more

Holland & Knight LLP

Chemical Transporters Face Ongoing Challenges from EPA's Focus on "Transit-Related" Activity

Holland & Knight LLP on

Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final...more

BCLP

EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Womble Bond Dickinson

Looking Back and Looking Forward: What Has Happened in the Year Since the East Palestine Train Derailment

Womble Bond Dickinson on

In the year since the East Palestine train derailment, rail safety has been a hot button issue in the United States. After the East Palestine derailment dominated news headlines in late February and March of 2023, there...more

Benesch

Hazmat Modernization Comment Period Approaching

Benesch on

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”) is accepting comments through December 4, 2023 regarding forty-six (46) topics for proposed updates to the Hazardous...more

Cozen O'Connor

The State AG Report – 11.2.2023

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • 23andme Is Asked to Confirm if Data Security Is Part of...more

Cozen O'Connor

AGs Express View that Hazardous Materials Regulation Is on the Right Track

Cozen O'Connor on

A coalition of 13 AGs wrote a comment letter to the U.S. Department of Transportation supporting a proposed rulemaking meant to close the informational gaps between railroads and first responders regarding hazardous material...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 28th letter the application of the Hazardous Materials Regulations (“HMR”) applicable to the maintenance of Department of...more

Goldberg Segalla

Executive Order Aims to Increase Oversight of East Palestine, Ohio Train Derailment Response

Goldberg Segalla on

Just before 9 p.m. ET on February 3, a 150-car, 9,000 foot long, Norfolk Southern freight train derailed in East Palestine, Ohio, a quarter mile west of the Ohio-Pennsylvania state line. Twenty of the affected cars contained...more

K&L Gates LLP

LNG by Rail Rule Suspension

K&L Gates LLP on

The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule...more

Bergeson & Campbell, P.C.

PHMSA Requests Feedback on Recycled Plastics Policy

On April 14, 2023, the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a request for feedback on its recycled plastics policy. 88 Fed. Reg. 23140. PHMSA states...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Materials Regulations Proposed Rulemaking: Pipeline and Hazardous Materials Safety Administration Adoption of...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a Notice of Proposed Rulemaking (“NPRM”) that includes amendments to the federal Hazardous Materials Regulations (“HMR”). See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a December 22, 2022, interpretive letter clarification of Hazardous Materials Regulations (“HMR”) as to what constitutes a “contiguous facility...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a December 6th interpretive letter the application of the Hazardous Materials Regulations (“HMR”) to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an October 13th letter the application of the Hazardous Materials Regulations (“HMR”) to a...more

Bergeson & Campbell, P.C.

PHMSA Publishes First Set of FAQs Specific to HMR Applicability, Will Address Incident Reporting Requirements Next

On December 9, 2022, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice responding to comments received on its initiative to convert historical...more

King & Spalding

Regulatory Compliance and Product Stewardship

King & Spalding on

In the proposed rule, EPA outlines the limited direct effects of the proposal – Businesses must report releases of PFOA and PFOS of one pound or more within a 24-hour period; and transport substances or mixtures that contain...more

Bergeson & Campbell, P.C.

PHMSA Seeks Comment on Initiative to Convert Historical LOIs into HMR FAQs

The U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) announced on March 22, 2022, an initiative to convert historical letters of interpretation (LOI) applicable to the...more

Cozen O'Connor

Louisiana AG Leads Coalition Protesting LNG Transportation Regulation

Cozen O'Connor on

A 25-state coalition of AGs, led by Louisiana AG Jeff Landry, has written a letter to Tristan Brown, Acting Administrator of the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Roadway Striping/Use of Non-DOT Specification Cargo Tanks: Pipeline and Hazardous Materials Safety Administration Issues Safety...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an August 12th Safety Advisory Notice titled: Roadway Striping and Use of Non-DOT Specification Cargo Tanks (“Safety Notice”) PHMSA states...more

Jackson Lewis P.C.

Manufacturers Should Prepare For OSHA’s New And Altered Proposed Hazard Communication Requirements

Jackson Lewis P.C. on

Manufacturers, suppliers, distributors, and importers have often struggled with communicating product hazards to downstream employees and users, due to complex hazard communication requirements in international standards, as...more

Jackson Lewis P.C.

New And Altered Hazard Communication Requirements Coming Soon

Jackson Lewis P.C. on

Earlier this month, the Occupational Safety and Health Administration (“OSHA”) announced proposed amendments to the Hazard Communication Standard (“HCS”) in 29 CFR 1910.1200. The last time OSHA amended the HCS was in 2012 to...more

Fisher Phillips

Preparing Hazardous Materials Shipping Papers

Fisher Phillips on

The Federal Motor Carrier Safety Administration enforces the Hazardous Materials Regulations on our nation’s highways, requiring anyone who offers, ships, or transports a hazardous material to include shipping papers that...more

Morgan Lewis - Up & Atom

Indictment for Improper Radioactive Waste Disposal Highlights More Compliance Concerns for Fracking Companies and Uranium Miners

A federal grand jury in the Eastern District of Kentucky issued an indictment against an individual for transportation of radioactive material generated from fracking activities without compliance with US Department of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials Regulations: Pipeline and Hazardous Materials Safety Administration Interpretive Letter...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a May 19th letter the applicability of the Hazardous Materials Regulations (“HMR”) to the transportation of internal combustion...more

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