Current Issue
Volume 23, Number 5
March/April 2013
RULEMAKING ACTIVITY
Summary of U.S. D.O.T. Rule & Rulemaking Activity
(Also go to www. hazmatship.com, Critical Dates)
PHMSA PENALTY VIOLATIONS
U.S. DOT, PHMSA CLOSED PENALTY CASES
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HAZMAT TRANSPORTATION GUIDANCE - Packaging component suppliers and DOT employee training requirements - Hazardous waste reconditioned packaging reuse - Lack of requirement for re-used stainless steel reconditioned drums to be retested with air - Highway transportation of vehicles containing hazardous residue - Difference between a contract and a private carrier - HMR obligations on individual who replaces a relief valve on a DOT specification cargo tank |
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PHMSA RULES & RULEMAKINGS
PHMSA Publishes HM-219 Final Rule: Miscellaneous Petitions for Rulemaking
By Ed Mazzullo, Technical Advisor
On March 7, 2013, PHMSA published a final rule in the Federal Register (77 FR 30976) responding to seven petitions. Proposed were revisions concerning package marking, recordkeeping, and plastic drum and construction material of intermediate bulk containers (IBCs). Mr. Mazzullo covers the proposals addressed in the NPRM and actions taken by PHMSA. Final rule becomes effective on May 6, 2013.
PHMSA Publishes HM-218G Miscellaneous Amendments Final Rule; Withdraws Proposal on Closure Notification for Packages Containing Residues
By Ed Mazzullo, Technical Advisor
PHMSA’s final rule on HM-218G included one rejected proposal, several amendments that were incorporated as proposed, and amendments that were accepted after revision. Not adopted was Sec. 178.2, a proposal that would require packaging manufacturers and subsequent distributors to notify recipients of all requirements in Part 178 not met at time of transfer, and applicable closure requirements for the packagings. Mr. Mazzullo summarizes and expounds on the rulings.
Hazardous Materials Transportation Regulations: A Review of Rule and Rulemaking Activity in 2012 and What’s to Come in 2013
By Ed Mazzullo, Technical Advisor
Contains a summary of the seven final rules issued by PHMSA since January 1, 2012. Mr. Mazzullo also highlights some anticipated rules of 2013.
HAZMAT SECURITY
American Chemical Council Provides Alternative to DHS Site Security Plan
By Patrick Coyle, Staff Writer
When the Chemical Facility Anti-Terrorism Standards (CFATS) program was authorized by Congress, it included provisions for DHS to accept information from chemical facilities through alternative security programs (ASPs). A recent ASP has been published by the American Chemistry Council and approved by the DHS. It is essentially a template for a facility to fill in to provide instructions on information gathering and transmission.
HAZMAT Q&A
Q&A
- Sequence of Proper Shipping Name
- Empty Packagings Containing the Residue Of A Limited Quantity
By Ed Mazzullo, Technical Advisor
Mr. Mazzullo clears up confusion over shipping name standards and empty packaging exceptions.
CANADA
Proposed Amendments to Canada’s TDG Solve Many Problems, But May Introduce New Ones
By Barbara Foster, Senior Regulatory Specialists for ICC The Compliance Center
Canada’s Transportation of Dangerous Goods Regulations (TDG) is currently working to update its regulations to harmonize better with international standards, in particular incorporating the 17th edition of UN regulations. The Safety Mark Amendment aims to cover three areas: providing a definition for overpacks, new safety marks, and revised placarding system. In general these changes should be beneficial, though more training be required.
Containers for Transport of Dangerous Goods by Rail: Transport Canada Considers Adoption of Canadian General Standards Board Rail Car Standards
By James H. Rader, Senior Vice President, Watco Compliance Services, Inc.
Transport Canada plans to publish TP 14877, “Containers for Transport of Dangerous Goods by Rail” for adoption into the TDG regulations after the consultative committee agrees to the standard. The standard will replace standard CGSB 43.147-2005, as amended in 2008. This article focuses on a few areas of the revised standard, including a quality management system; registrations, approvals, and certifications; among others.
PACKAGE TESTING
Review and Analysis of PHMSA's New Approvals Issued to Third-Party Packaging Certification Agencies
By Frits Wybenga, Senior Technical Advisor
PHMSA’s new approvals for authorized third-party labs went into effect on the day of issuance, giving little time for implementation. Changes seem motivated by a desire for greater detail in the description given of tested packaging and on required testing, giving inspectors more material for enforcement. Third-party labs might now be held to a higher standard than self-certifiers for UN performance packaging testing.
RADIOACTIVES
User Requirements for Radioactive Material Type A Packages
By Wade Winters, President, Regulatory Resources, Inc.
Radioactive materials have distinct and separate packaging requirements, some not applicable to UN standards. This article addresses the variance in responsibility in recordkeeping as a key difference, covering requirements as well as an exception to Type A packaging, regarding empty packaging with radioactive residue.
RAIL
FRA Adjusts Minimum and Maximum Civil Monetary Penalties for Hazardous Materials Violations
By Ed Mazzullo, Technical Advisor
The Federal Railroad Administration (FRA) published a final rule in the Federal Register (78 FR 9845) to align its regulations with civil monetary penalty provisions. Changes include revisions to FRA enforcement procedures, civil penalty assessment guidelines, and maximum penalty costs.
HIGHWAY TRANSPORTATION
Classification of Carriers in the HMR:
Common Carrier, Contract Carrier, Private Carrier and their Limitations
By Glenn P. Wicks, Ronce Almond, and Arielle Pacer, The Wicks Group, PLLC
An analysis of the role of carrier classification in the transportation of limited quantity and ORM-D material in light of specific HMR text and regulatory history, as well as related PHMSA letters of interpretation.
COMMENTS ON DOT INTERPRETATIONS
The Journal of HazMat Transportation’s Exclusive Comments on the U.S. DOT Letters of the Hazardous Materials Regulations
By Frits Wybenga, Senior Technical Advisor
-Limits on Shipments under the IMDG Code
-Waste Transport Requirements § 173.12(c)
-Location of Document for Small Lithium Batteries, Special Provision 188
U.S. DOT INTERPRETATIONS OF THE HMR
U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: January and February 2013. Forty-six letters sorted, indexed and provided verbatim.
Copyright 2013 by PRI International, Inc.
All Rights Reserved.
RULES AND RULEMAKINGS
PHMSA Responds to Industry Appeals on Final Rule 215K
By Frits Wybenga, Senior Technical Advisor
On December 30, 2011, PHMSA published a revised HM-215K Final Rule in the Federal Register that "responds to administrative appeals, provides clarifications, and corrects typographical and other minor errors”. This is the first PHMSA response to the submitted appeals. In this report, Mr. Wybenga outlines the salient changes introduced in this version of the HM-215K Final Rule including extension of the use of the previous limited quantity marking, fuel cells, the 173.27(f) Table, and use of the Y LQ mark.
Hazardous Materials Transportation: 2011 in Review and What to Expect in 2012
By Edward Mazzullo, Regulatory Analyst
This report offers a comprehensive review of important 2011 rules and rulemakings. Following are a few of the many rules and rulemakings examined by Mr. Mazzullo: HM-215K: Harmonization with International Standards, HM-218F: Miscellaneous Amendments, HM-233B: Revisions of Special Permit Procedures, HM-238: Requirements for Storage of Explosives During, HM-256: Limiting the Use of Electronic Devices by Highway, PHM-7: Enhanced Enforcement Authority Procedures, HM-247: Bulk Loading and Unloading Operations, and HM-250: Compatibility with the Regulations of the IAEA.
PHMSA Makes Revisions to Final Rule HM-218F--Miscellaneous Amendments
By Edward Mazzullo, Regulatory Analyst
On December 28, 2011, PHMSA amended its July 20, 2011 Final Rule, HM-218F: Miscellaneous Amendments. The new variation of the Final Rule makes corrections and addresses several appeals. In this report, Mr. Mazzullo discusses original changes by section number, appeals to each area, and new revisions based on these appeals. Topics include non-odorized liquefied petroleum gas, infectious substance and Class 9 labels, lithium battery-powered mobility devices aboard aircraft, and more.
DANGEROUS GOODS BY HIGHWAY
Applicability of Tank Vehicle Endorsement Expanded in FMCSA Final Rule
By Edward Mazzullo, Regulatory Analyst
On May 9, 2011, the FMCSA published a final rule entitled “Commercial Driver’s License Testing and Commercial Learner’s Permit Standards” amending the commercial driver’s license and skills testing standards and establishing new minimum standards for States to issue the commercial learner’s permit. This rule includes a change to the definition of "tank vehicle". In this report, Mr. Mazzullo reviews this change in definition and discusses how the change extends the applicability of the tank vehicle endorsement to intermediate bulk containers (IBCs) and certain previously excluded portable tanks.
HAZARD COMMUNICATION
Placarding of Toxic Inhalation Materials
By Frits Wybenga, Senior Technical Advisor
This report is based on a December 21, 2011 DOT Letter of Interpretation requesting clarification on the Placarding of Toxic Inhalation Materials. This letter was sent to PHMSA with the intent of receiving written confirmation of TIH placarding requirements to make DOT inspections go smoothly. Unfortunately, the company's interpretation of these requirements did not easily align with PHMSA's. Senior Technical Advisor Frits Wybenga summarizes the request for interpretation, delves into the subtleties of these particular requirements, and clears things up.
HAZMAT SECURITY
Securing the Global Supply Chain: Rationalizing TSA’s Screening and Credentialing Programs
By Glenn Wicks, Esq. and Ronce Almond Esq., The Wicks Group
As part of President Obama's new strategy to secure the global supply chain, the TSA is taking action to reform and consolidate its screening and credentialing programs. This reform is intended to remove the redundancies created by establishing a myriad of TSA screening and credentialing programs under various legal and regulatory authorities at different times and to reduce internal control weaknesses, which limit the programs ability to secure U.S. critical infrastructure. This Report, by the Wicks Group, details the rationalization of TSA’s screening and credentialing programs by examining the strategy of the White House, congressional oversight, and TTAC infrastructure modernization program.
STATE EMERGENCY PLANNING AND TRAINING
DOT OIG Issues Audit Report on PHMSA’s Hazardous Materials Emergency Preparedness Grants Program
By Edward Mazzullo, Regulatory Analyst
On January 12, 2012, DOT’s Office of the Inspector General issued an audit report responding to the March 2010 request from the House Committee on Transportation and Infrastructure concerning potential program mismanagement and misuse of grant funds. The yearlong audit, which ended in October 2011, evaluates PHMSA's effectiveness in multiple areas. In this report, Mr. Mazzullo reviews the major findings of the DOT OIG audit as well as the ten recommendations made to improve PHMSA's management and oversight of the program.
UN DECISIONS
Results of the 40th Session of the UN Subcommittee of Experts on the Transport of Dangerous Goods: Listing, Classification, Packing, Lithium Batteries, and More
By Frits Wybenga, Senior Technical Advisor
From November 28 to December 7, 2011, the UN Subcommittee of Experts on the Transport of Dangerous Goods held the second of four subcommittee meetings in their current biennium in Geneva, Switzerland to discuss potential revisions to the UN Model Regulations. Significant issues addressed include listing and classification, lithium batteries, packaging, portable tanks, marking and labeling, radioactive materials, GHS/harmonization of classification criteria, and deliberations on ICAO amendments. In his report, Mr. Wybenga provides a breakdown by agenda item and presents analysis of the UN Proposals.