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The Journal of HazMat Transportation

A Publication of PRI International, Inc.

 

Volume 25, Number 6 March/April 2015

 

In This Issue 1

RULEMAKING ACTIVITY

Summary of U.S. D.O.T. Rule & Rulemaking Activity 

Also go to www.hazmatship.com, Critical Dates. Summaries are linked to our reports and Federal Register notices.

 

Compliance Dates:  For a summary of important international and U.S. compliance dates, also go to www.hazmatship.com, Compliance Dates.  Summaries are linked to our reports and Federal Register notices. 

 

PHMSA PENALTY VIOLATIONS 

U.S. DOT, PHMSA CLOSED PENALTY CASES

 

HAZMAT TRANSPORTATION GUIDANCE

A Summary Review of Recent and Important DOT Letters of Interpretation of the Hazardous Materials Regulations from January and February 2015.

  • Size of PSN and ID Numbers on IBCs Labeled instead of Placarded
  • Highway Shipment of Drums Containing only the Residue of a Hazardous Material
  • Handling Document for Small Lithium Batteries 
  • Approval of Foreign Air Bag Inflators Produced at Multiple Locations
  • Shipment of Liquid Nitrogen in Open Cryogenic Receptacles 
  • Continued Use of Packages Pre-Printed with "DOT-SP 9275" 
  • Name of Lading on a Cargo Tank under Special Provision B85 
  • Reflective Color for MC-331 Cargo Tanks
  • Passenger Aircraft Quantity Limits for Div 2.2 Gas with Subsidiary Hazard  

By Ed Mazzullo, Technical Advisor

UN REPORTS

A Report on the Changes and Decisions Made by the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods in the last Biennium (2013-2014) 

By Frits Wybenga, Senior Technical Advisor

Mr. Wybenga combines his experiences in Geneva over the last biennium with a UN document listing amendments to be introduced in the 19th revised edition of the Model Regulations.  In this report, he summarizes significant changes he expects to see reflected in PHMSA’s next HM-215 rulemaking, as well as updates to editions of international regulations.

The UN’s Continuing Effort to Establish a Generic Approach for Dangerous Goods in Machinery, Apparatus, and Articles

By Frits Wybenga, Senior Technical Advisor

The UN Sub-Committee of Experts on TDG will be carrying its efforts over from the last biennium to develop a generic approach for dealing with articles containing dangerous goods. This report covers principles of the United Kingdom’s draft proposal, potential safety concerns, and thus far unresolved issues.

PHMSA RULES AND RULEMAKINGS

PHMSA Publishes HM-218H Miscellaneous Amendments Proposed Rulemaking

By Ed Mazzullo, Technical Advisor

PHMSA published HM-218H Notice of Proposed Rulemaking on January 23, intending to update and clarify provisions of the Hazardous Materials Regulations. In it, PHMSA addresses seven petitions for rulemaking and two National Transportation Safety Board recommendations. PHMSA is proposing over 40 changes to the HMR to update, clarify or correct current provisions of the HMR; this report synopsizes those proposed changes.

PHMSA Issues HM-233F Proposed Rulemaking to Incorporate Almost 100 Special Permits into the Hazardous Materials Regulations

By Ed Mazzullo, Technical Advisor

PHMSA published a notice of proposed rulemaking proposing to amend the HMR to adopt provisions contained in certain widely-used or long-standing special permits that have an established safety record. Under section 33012(b) of MAP-21, regulations must be issued by October 1, 2015. Read this report for a summary of rulemaking proposals addressing: Cylinders - NDT/Aerosols; Cargo Tanks/Rail Cars/Portable Tanks; Operational Air/Vessel; Operational Highway/Rail/Shipper/Other; and Bulk Packaging Specifications/IBCs.

 

HAZARD COMMUNICATION

Enforcement Guidance for OSHA’s Hazard Communication Standard’s June 1, 2015 Effective Date

By Michele Sullivan, PhD

The June 1 deadline of OSHA’s revised Hazard Communication Standard is fast approaching, and in response to petitions by trade associations to extend the deadline for HCS 2012-compliant labels and SDSs, OSHA issued Enforcement Guidance for the Hazard Communication Standard’s June 1, 2015 Effective Date. Dr. Sullivan examines this enforcement guidance for its key elements, suggestions for documentation, and time periods given for compliance.

Marking/Labeling/Placarding Requirements between the U.S. HMR and the IMDG; and

Class 9 Materials En Route to a Port Facility for Marine Transport 

Answered by Frits Wybenga, Senior Technical Advisor

These questions come from an overseas shipper of hazardous materials by vessel. The first question regards conforming to the HMR or IMDG Code for marking IBCs containing certain liquid dangerous goods; the second question concerns the applicability of driver hazmat certification requirements when transporting placarded class 9 materials to port facility.

Marine Pollutant Exceptions under § 171.4

Ed Mazzullo, Technical Advisor

Mr. Mazzullo responds to concerns that recent changes under HM-215M may have affected the broad exception from marine pollutant requirements for non-bulk packagings transported by motor vehicle, rail car, or aircraft.

Marine Pollutants in the IMDG Code

Frits Wybenga, Senior Technical Advisor

Mr. Wybenga takes a question about the classification of zinc oxide as a marine pollutant and examines the larger picture of the difficulties that can arise in classification of items for international shipping. His answer provides valuable information for international shippers concerned with variance in national criteria.

GHS Comes to Canada – the New Hazardous Products Regulations

By Barbara Foster, Dangerous Goods Specialist

Under Health Canada’s Hazardous Product Act, the Controlled Product Regulations (CPR) regulation established criteria for classifying hazardous workplace substances, as well as the requirement for supplier labels and Material Safety Data Sheets (MSDSs). The CPR is the core regulation of Canada’s Workplace Hazardous Materials Information System (WHMIS), in use since 1988. On February 11, Health Canada published the Hazardous Products Regulations (HPR) in the Canada Gazette, introducing the GHS classification system. Read this report for information on implementation, differences and similarities between the HPR and Hazcom 2012, and how to prepare for GHS in Canada.

 

DANGEROUS GOODS BY RAIL

Who Will Pay For Cleanup Of Crude Oil Derailments?

By Edward W. Pritchard, Senior Partner, Paladin Consulting Group

As shipments of crude oil by rail continue to increase in North America, so have reported incidents. A large-scale disaster can bankrupt those held liable, with cleanup costs exceeding insurance coverage. Mr. Pritchard looks at current insurance requirements for railroads as well as proposed amendments to Canadian rail regulations, which include a new liability and compensation regime for federally-regulated railways, minimum insurance requirements, among other proposed changes.

DANGEROUS GOODS BY HIGHWAY

Limited Quantity Exceptions for Transport by Motor Vehicle

By Ed Mazzullo, Technical Advisor

Mr. Mazzullo summarizes and paraphrases PHMSA’s responses to a lengthy list of questions from a company located in Mexico. The issues concern the requirements for transporting limited quantities by motor vehicle.

 

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

  • Co-location of UN number and proper shipping name on a package
  • Damaged package
  • Return of empty packages containing residue

U.S. DOT INTERPRETATIONS OF THE HMR  39-52

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: January and February 2015. Twenty-two letters sorted, indexed and provided verbatim. 

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  • 2015-21 May 01, 2015 DOT Announces HM-251 Final Rule: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains

  • 2015-20 April 22, 2015 ICAO Dangerous Goods Panel Meets Next Week, login for The Journal's review of working and information papers; FAA/PHMSA public meeting tomorrow

  • 2015-19 April 17, 2015 DOT Addresses High Hazard Flammable Trains: FRA Issues Emergency Order, Safety Advisories, Notice and Request for Comment; Joint Safety Advisory with PHMSA

  • 2015-18 April 8, 2015 NTSB Issues New Recommendations to PHMSA Addressing DOT-111 and CPC-1232 Tank Cars

  • 2015-17 April 6, 2015 PHMSA Issues Notices In Response to a Court Order Regarding Carriage of Spare Fuel Cell Cartridges Containing Flammable Gas on Aircraft and to Clarify Fireworks Approval Policy