Applicability Many in the US will be disappointed by PHMSA's response to appeals against the contentious rulemaking on the applicability of the Hazardous Materials Regulations. Some accommodation has been offered, but many concerns remain unaddressed. When the Research and Special Programs Administration (RSPA) issued its final rule under docket HM-223 in October 2003, many in the US hazardous materials transport business were appalled at the prospect that their operations could end up being regulated not by the Department of Transport (DOT) but by the Occupational and Safety Health Administration (OSHA) or, worse, the US Environmental Protection Agency (EPA). A flood of appeals against the ruling landed on RSPA's desks in DC, causing implementation to be delayed and giving the regulators quite a headache. The depth of feeling against the rulemaking was apparent at various industry meetings - notably the Dangerous Goods Advisory Council (DGAC) annual conference and the Council on the Safe Transportation of Hazardous Articles (COSTHA) congress - as was reported in previous issues of the Bulletin, and still reverberates today.
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