The Research and Special Programs Administration (RSPA) has delayed the effective date to June 1, 2005, for a rule applying to loading, unloading, and storage operations for hazardous materials.
The rule establishes when transportation actually begins, and expands hazardous materials authority to federal, state, or local regulations that govern occupational safety and health and environmental protection.
The effective date was delayed because RSPA was unable to coordinate decisions as expeditiously as it had hoped after receiving various industry appeals.
In the comment period, RSPA received information that raised a number of issues related to the consistency of the final rule with:
•Federal hazardous materials transportation law.
•State and local regulation of hazardous materials facilities.
•The relationship of the hazardous materials regulations to regulations promulgated by other federal agencies such as the Occupational Safety and Health Administration (OSHA), and the Environmental Protection Agency.
•The definitions adopted in the final rule for "unloading incidental to movement," "transloading," and "storage incidental to movement."
•The consistency of the HM-223 final rule with security regulations adopted in a final rule issued under Docket No. HM-232.
See more information about the delay published in the Federal Register today (December 8) by clicking here.