By Jeryl L. Olson and Craig B. Simonsen

The Pipeline and Hazardous Material Safety Administration (PHMSA) has proposed to modify its hazardous materials regulations as it affects the retail industry by adding a definition for “reverse logistics.” 79 Fed. Reg. 46748 (August 11, 2014).

PHMSA has been working on the proposal since July 2012, when it had requested public comment
Continue Reading Retail Industry Update: DOT’s “Reverse Logistics” Rulemaking to Add Exception for Transportation of Hazardous Materials

By Ilana R. Morady and Craig B. Simonsen

Oil Tanker Train CarsThe U.S. Department of Transportation (DOT) yesterday released details of a “comprehensive rulemaking proposal to improve the safe transportation of large quantities of flammable materials by rail – particularly crude oil and ethanol.”

According to DOT Secretary Anthony Foxx “safety is our top priority, which is why I’ve worked aggressively to improve
Continue Reading Transportation Department Proposes Big Changes to Rail Transportation of Crude Oil and Flammable Materials

By James L. Curtis and Craig B. Simonsen

Members of the U.S. Senate Committee on Health Education Labor and Pensions, including sixteen Senators, have asked the Occupational Safety and Health Administration to extend its extended public comment period on its Notice of Proposed Rulemaking on Occupational Exposure to Crystalline Silica for a full ninety days.

We had previously blogged on
Continue Reading Senators Ask OSHA to Consider the Fracking Industry Economy and to More Fully Extend the Comment Deadline for Proposed Silica Worker Exposure Hazards Rule

By James L. Curtis and Craig B. Simonsen

The Occupational Safety and Health Administration has just proposed a rule that is intended to lower worker exposure to crystalline silica, which it claims “kills hundreds of workers and sickens thousands more each year.” 78 Fed. Reg. 56274 (September 12, 2013). The proposal is aimed at curbing lung cancer, silicosis, chronic obstructive
Continue Reading OSHA Proposes Silica Worker Exposure Hazards Rule

By Jeryl L. Olson and Philip L. Comella

After more than 10 years of negotiations with U.S. EPA, industry can claim a victory in exempting from full RCRA regulation, solvent-contaminated industrial wipes used to clean equipment or spills.

The victory comes in the form of a Final Rule issued by EPA on July 22, 2013 which provides an exclusion from
Continue Reading Victory For Industry – EPA Excludes Most Solvent Contaminated Wipes From RCRA

By Ilana R. Morady and Eric E. Boyd

Earlier this month in Geneva, the U.N. Subcommittee of Experts on the Transport of Danger Goods (Subcommittee) convened to consider additions and revisions to the U.N. Model Regulations (Regulations). The Subcommittee approved two noteworthy proposals.

By way of background, the Regulations cover all aspects of the transportation of dangerous goods (known as

Continue Reading U.N. Subcommittee of Experts on the Transport of Danger Goods Approves Proposals for the Transportation of Small Quantities and Lithium Batteries

By Ilana R. Morady and Eric E. Boyd

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently released a five-year Strategic Plan that sets targets to improve the safe handling and transportation of hazardous materials.  PHMSA is the principle arm of the U.S. Department of Transportation (DOT) that promulgates and enforces regulations pertaining to the movement of hazmat by all

Continue Reading PHMSA Strategic Plan Setting Goals for Pipeline and Hazardous Materials Safety

By Lee Braem and Ilana R. Morady

Seyfarth attorney Ilana Morady, along with Lee Braem, Senior Corporate Counsel at Evonik Dugussa Corporation, published an article, “Hazardous Material Enforcement is Spilling Into Unexpected Areas,” in the May 2012 issue of ACC Docket. In the article, the authors discuss how the types of materials that can be “hazardous” under

Continue Reading Hazardous Material Enforcement is Spilling Into Unexpected Areas