No. 31090 (Amendment): R909-75. Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Wastes

DAR File No.: 31090
Filed: 03/31/2008, 04:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Pipeline and Hazardous Materials Safety Administration amends the Hazardous Material Regulations (HMR) by revising the list of hazardous substances and reportable quantities (RQs) and by correcting editorial errors to the list of hazardous substance and RQs.

Summary of the rule or change:

This rule enables shippers and carriers to identify the affected hazardous substances, comply with all applicable regulatory requirements, and make the required notifications if the release of hazardous substance occurs.

State statutory or constitutional authorization for this rule:

Sections 72-9-103 and 72-9-104

This rule or change incorporates by reference the following material:

73 FR 1089-1115, January 7, 2008

Anticipated cost or savings to:

the state budget:

None--There is no added cost to the state budget because the rule simply clarifies and revises the list of hazardous materials without making substantial changes.

local governments:

None--There is no added cost to local governments for the same reason as given above. The rule simply clarifies and revises the list of hazardous materials without requiring action by local governments.

small businesses and persons other than businesses:

None--There is no additional cost to small business and persons other than business because the rule simply clarifies when an affected business is required to utilize its existing reporting apparatus and to undergo the same procedures that would ordinarily be required in the event of a spill.

Compliance costs for affected persons:

None to minimal--The reason there are no substantial compliance costs is there are no significant changes in the hazardous materials list adding materials that were not already identified prior to this revision. As a result, costs will not likely change to any significant degree as a result of this rule adopting the revision.

Comments by the department head on the fiscal impact the rule may have on businesses:

Costs will not likely increase since the great bulk of hazardous materials already exist on the list prior to the enactment of this rule. John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Motor Carrier
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

Direct questions regarding this rule to:

Shirleen Hancock at the above address, by phone at 801-965-4781, by FAX at 801-965-4211, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2008

This rule may become effective on:

05/22/2008

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R909. Transportation, Motor Carrier.

R909-75. Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes.

R909-75-1. Adoption of Federal Regulations.

Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes, 49 CFR, Sub-Chapter C, Parts 100 through 180, of the [October 1, 2006 edition of the Code of Federal Regulations]January 7, 2008 (Volume 73, Number 4) edition of the Federal Register, are incorporated by reference. These changes apply to all private, common, and contract carriers by highway in commerce.

 

KEY: hazardous materials transportation, hazardous substances, hazardous waste, safety regulations

Date of Enactment or Last Substantive Amendment: [February 8, 2007]2008

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104