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In This Issue: March/April 2015 Issue

A sampling of topics of interest in the January/February 2015 issue of The Journal of HazMat Transportation.

HM-218H: MISCELLANEOUS AMENDMENTS
PHMSA published the latest in a series of “miscellaneous amendments” rulemakings intended to update and clarify provisions of the Hazardous Materials Regulations. The notice of proposed rulemaking addresses seven petitions for rulemaking, two NTSB recommendations, and over 40 proposed changes to the HMR intended to update, clarify, or correct current provisions.
PHMSA Publishes HM-218H Miscellaneous Amendments Proposed Rulemaking 

COMPETENT AUTHORITY CLASSIFICATION DECISIONS FOR MARINE POLLUTANTS/ENVIRONMENTALLY HAZARDOUS SUBSTANCES
This article reviews some of the difficulties encountered, and possible steps to be taken, by shippers, when national governments class certain materials as Marine Pollutants or Environmentally Hazardous Substances even though the materials are not so classed under international standards or the HMR. 
Marine Pollutants in the IMDG Code

OSHA ISSUES ENFORCEMENT GUIDANCE ON HCS 2012 IMPLEMENTATION
Enforcement guidance was recently issued by OSHA concerning the upcoming June 1, 2015 implementation date for the Hazard Communication Standard (HCS 2012). The guidance applies to HCS 2012 compliance inspections of chemical manufacturers, importers, and distributors in their classification of hazardous chemicals and development of SDSs and labels for chemical mixtures. It provides limited relief to entities which satisfy certain conditions. Enforcement Guidance for OSHA’s Hazard Communication Standard’s June 1, 2015 Effective Date

REPORT ON CHANGES TO THE UN RECOMMENDATIONS FROM LAST BIENNIUM
Based on our four previous reports, this presentation highlights the more significant changes to the recommendations and gives an indication of what to expect when PHMSA issues its next HM-215 rulemaking.
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) 

CANADA’S WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM
Over the next few years Canada will incorporate the Globally Harmonized System (GHS) for classification and hazard communication for workplace substances. This article reviews the Canadian regulatory framework and implementation dates for the new Hazardous Products Regulations (HPR). Also reviewed are the similarities and differences between the HPR and the U.S. OSHA’s HCS 2012.
GHS Comes to Canada – the New Hazardous Products Regulations

COMMENTS ON DOT LETTERS OF INTERPRETATIONSComments are provided on recent interpretations from DOT addressing size and location of the UN identification number on a non-bulk packaging, what constitutes “damage” to a packaging for explosives, and return of empty packages containing residue.
Comments on DOT Interpretations
 

LIABILITY REQUIREMENTS FOR RAILROADS
The U.S. Government predicts that trains hauling crude oil or ethanol will derail an average of 10 times a year over the next two decades, with the potential for billions of dollars in damages and large numbers of deaths and injuries. Will railroads have the liability insurance needed to cover the costs of derailments? This article reviews insurance issues for rail carriers in Canada and the U.S.
Who Will Pay For Cleanup Of Crude Oil Derailments?

DANGEROUS GOODS IN MACHINERY
An informal draft proposal being developed for the UN SCE TDG under leadership of the United Kingdom deals with dangerous goods in machinery, apparatus, and articles.This review outlines the principles of the proposal and highlights some safety concerns.
The UN’s Continuing Effort on Establishing a Generic Approach for Dangerous Goods in Machinery, Apparatus, and Articles 

HM-233F: INCORPORATION OF SPECIAL PERMITS
PHMSA published a notice of proposed rulemaking proposing to incorporate provisions contained in 98 existing special permits (SPs) into the HMR. This report provides background information and a summary of the proposals in the notice.
PHMSA Issues HM-233F Proposed Rulemaking to Incorporate Almost 100 Special Permits into the Hazardous Materials Regulations

VESSEL TRANSPORT ISSUES
In response to reader questions, guidance is provided on requirements for placing identification numbers on transport units for vessel transport under the IMDG Code and on whether a hazardous materials endorsement to the commercial driver’s license is needed when placards are required under the IMDG Code for a Class 9 material but are not required under the HMR.
Marking/Labeling/Placarding Requirements between the U.S. HMR and the IMDG; Class 9 Materials En Route to a Port Facility for Marine Transport

In This Issue: January/February 2015 Issue

A sampling of topics of interest in the January/February 2015 issue of The Journal of HazMat Transportation.

PHMSA’S HM-215M INTERNATIONAL HARMONIZATION FINAL RULE
PHMSA’s international harmonization final rule aims to align the HMR with international standards such as the UN Model Regulations and the IACO Technical Instructions. This report examines major provisions of the rule, such as new provisions for lithium batteries, exceptions for marine pollutants, changes to label specifications and updated incorporations of international standards.
International Harmonization; HM-215M Final Rule

HAZCOM 2012 PROVISIONS COMING INTO EFFECT
Further deadlines for compliance with OSHA’s HazCom 2012 hazard communication standard are fast approaching. Read this review of what is coming and what you should be doing to facilitate implementation of the new GHS-based requirements.
HazCom 2012: Are You Prepared for the Impending Changes?

GHS PICTOGRAMS ON TRANSPORT PACKAGES
Will the appearance of GHS pictograms on properly marked and labelled transport packagings bring about increased frustration of shipments? This article reviews the issues of concern as GHS pictograms begin to appear on packages of hazardous materials in transport.
The Potential for Confusion in Transport with Implementation of the GHS

NORTH DAKOTA IMPOSES STANDARDS FOR PROCESSING CRUDE OIL
The Industrial Commission of North Dakota has issued an order which address the processing of Bakken crude oil prior to transportation. This report reviews the Commission’s order limiting the vapor pressure of crude oil to no more than 13.7 pounds per square inch (psi) and imposing other restrictions on operators.
One State Takes Initiative in Addressing Bakken Crude Oil

RESULTS OF THE 46TH SESSION OF THE UN SUB-COMMITTEE ON THE TRANSPORT OF DANGEROUS GOODS
Amendments from the 46th session of the UN SCTDG will be incorporated into the 19th edition of the UN Model Regulations and the 6th revised edition of the UN Manual of Tests and Criteria and eventually lead to changes in the HMR and international standards such as the ICAO Technical Instructions and the IMDG Code. This report looks at significant issues and outcomes from the 46th session.
Report on the 46th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods, page

AMENDMENTS TO THE TRANSPORT OF DANGEROUS GOODS REGULATIONS
Amendment SOR/2014-306 to the Transport of Dangerous Goods Regulations (TDGR) makes significant changes to the TDGR to align with the UN Model Regulations and other international standards. This HazMat Alert reviews significant provisions of the amendment, including adoption of ICAO’s ban on lithium metal batteries on passenger-carrying aircraft and requirements for emergency response assistance plan (ERAP) requirements for large quantities of ethanol, petroleum crude oil, and other flammable liquids.
Canada’s Revision of the Transport of Dangerous Goods Regulations

2014 REGULATORY REVIEW/2015 PREVIEW
This article reviews hazmat-related rulemakings of PHMSA and the DOT modal administrations (FAA, FMCSA and FRA) in 2014, and previews those rules that may get published in 2015.
A Look at Regulatory Activity in 2014; Rules We May See In 2015

28TH SESSION OF THE UN SUB-COMMITTEE OF EXPERTS ON GHS
The GHS Sub-Committee held its 28th session in Geneva from December 10 to 12. Decisions from the session will be reflected in Revision 6 of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). This report addresses decisions of interest and some of the ongoing work of the Sub-Committee.
Results of the 28th Session of the UN Sub-Committee of Experts on the Globally Harmonized System

In This Issue: September/October 2014 Issue

A sampling of topics of interest in the September/October 2014 issue of The Journal of HazMat Transportation.

RAILROAD SAFETY ADVISORY COMMITTEE ACTIVITIES

                This report highlights recent rulemaking activities taken on by the Railroad Safety Advisory Committee (RSAC) and how industry, through RSAC, works alongside Federal officials from the DOT, the National Transportation Safety Board, and others to establish regulations for the safe movement of trains and hazardous materials in North America. Further Reporting on Actions by Federal Railroad’s Railroad Safety Advisory Committee

PHMSA ISSUES HM-215M INTERNATIONAL HARMONIZATION PROPOSED RULE

This article reviews provisions in PHMSA’s latest biennial proposal to revise the Hazardous Materials Regulations (HMR) to harmonize with international regulations. Proposed changes include lithium battery provisions, standardized specifications for markings, labels and placards, revisions of vessel stowage requirements, and many others. HM-215M NPRM: HARMONIZATION WITH INTERNATIONAL STANDARDS

UN PROPOSAL TO REVISE CORROSIVE SUBSTANCE CRITERIA RAISES CONCERNS

The Netherlands has submitted a proposal to revise the UN Model Regulations criteria for classification of corrosive substances. This article presents a number of reasons why adoption of the proposal as written may be cause for concern. Alert on Netherlands UN Proposal to Revise Corrosive Substance Criteria

COMMENTS ON DOT LETTTERS OF INTERPRETATION

                Comments are provided on recent interpretations from DOT addressing transport of empties after an IMDG Code shipment; motor vehicle incident reporting; and portable radiation detectors containing boron trifluoride. Comments on DOT Interpretations

DOT RULEMAKINGS FOR “HIGH HAZARD FLAMMABLE TRAINS”

Two rulemakings address the risks posed by petroleum crude oil and other materials transported in large volume by trains. This alert reviews an NPRM proposing improvements to tank car standards and other safety enhancements, an advance NPRM proposing changes to crude oil spill response planning, and a status report on Operation Classification sampling and analysis. PHMSA Publishes Proposed Rules for High Hazard Flammable Materials Transported by Rail

PHMSA ISSUES NPRM ON SPECIAL PERMITS AND APPROVALS OPERATING PROCEDURES

On August 12, 2014, PHMSA published an NPRM under HM-233E, proposing to include in the HMR the standard operating procedures and criteria used by the agency to evaluate applications for special permits and approvals. This rulemaking responds to a mandate in the Moving Ahead for Progress in the 21st Century Act (MAP-21). Special Permits and Approvals Operating Procedures and Evaluation Process

COMPARING US AND CANADIAN ACTIONS TO IMPROVE RAIL TRANSPORT OF FLAMMABLE LIQUIDS

                US and Canadian regulators are working hard to improve safety for transporting flammable liquids in tank cars. This article looks at proposed and adopted regulations and orders addressed to the risks posed by this transportation and compares the major actions taken by both governments. A Comparison of Recent US and Canadian Regulatory Actions Affecting Rail Transport of Crude Oil and Other Flammable Liquids

REVERSE LOGISTICS

This alert reviews a recent DOT proposed rulemaking to revise the HMR to define “reverse logistics” and add a section containing provisions and broad exceptions applicable to return shipments of certain hazardous materials in the reverse logistics supply chain. PHMSA Publishes HM-253 NPRM on Reverse Logistics

REPORT ON PHMSA'S HM-224F LITHIUM BATTERY FINAL RULE

                This report provides a comprehensive review and analysis of the final rule on lithium batteries issued by PHMSA on August 6, 2014, revising HMR provisions for lithium batteries to align with applicable provisions in the UN Model Regulations, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the IMDG Code.Analysis: Report on PHMSA's HM-224F Lithium Battery Final Rule

In This Issue: November/December 2014 Issue

A sampling of topics of interest in the November/December 2014 issue of The Journal of HazMat Transportation.

PHMSA’S HM-253 REVERSE LOGISTICS PROPOSED RULEMAKING
This article examines the scope, purposes and provisions of PHMSA’s Reverse Logistics notice of proposed rulemaking and identifies a number of reasons why adoption of this rule as proposed may be a cause for concern. PHMSA’s HM-253 NPRM on Reverse Logistics: Caution Advised

NON-COMPLIANCE AT CHEMICAL FACILITIES THAT SHIP HAZMAT BY RAIL
This report highlights what FRA inspectors are looking for, and the regulatory and safety shortfalls they are finding, during inspections of rail tank car loading and unloading operations at chemical facilities. Recent Shortcomings Observed at Chemical Facilities that Ship by Rail

HM-250 FINAL RULE-ANALYSIS OF CHANGES TO 49 CFR 173.443
This is the second part of a comprehensive review of the HM-250 final rule on radioactive materials. The Contamination Control provisions of 49 CFR 173.443 are analyzed, with identification of areas that may need further clarification by DOT. HM-250 FINAL RULE-A Dissection of the HM-250 Revised 173.443

PHMSA’S FIELD OPERATIONS
This review provides an overview of the Pipeline and Hazardous Materials Safety Administration’s field operations and enforcement approach, including a look at how the agency prioritizes and conducts its enforcement activities. Report from the Field: An Update from PHMSA Field Operations

ICAO DANGEROUS GOODS PANEL WORKING GROUP
The first ICAO Dangerous Goods Panel Working Group of the biennium met from October 20-24, 2014. This article provides a summary of all working documents and informal papers discussed at the meeting, most of which are focused on provisions for the transport of lithium batteries and cells. Report on the October 2014 Meeting of the International Civil Aviation Organization’s Dangerous Goods Panel Working Group

ICAO LITHIUM BATTERY INITIATIVE
An ICAO Working Group on Lithium Batteries recently held a second meeting to discuss issues surrounding transport of lithium batteries by air. The first meeting of the group in February resulted in a decision to prohibit the carriage of lithium metal batteries, UN3090, as cargo on passenger aircraft beginning January 1, 2015. The second meeting, in September, resulted in fourteen recommendations to enhance transport safety. Results of the Second Meeting of the Multi-Disciplinary ICAO Working Group on Lithium Batteries

COMMENTS ON DOT LETTERS OF INTERPRETATIONS
Comments are provided on recent interpretations from DOT addressing flashpoint notation for vessel transport and service life limits for TIH rail tank cars. Of particular note is our review of two recent interpretations issued by DOT concerning use of CLASS 9 labels and placards which may not be identical to the graphic images appearing in the Hazardous Materials Regulations. Comments on DOT Interpretations

IMO UPDATES:
This alert reviews the 2014 edition of the International Maritime Dangerous Goods Code, including Amendment 37-14, which goes into effect for maritime shipments on January 1, 2015 on a voluntary basis and become mandatory January 1, 2016. Also reported is the recent adoption by the Maritime Safety Committee of IMO of an amendment to the Safety of Life at Sea Convention which will require shippers to verify the weight of loaded containers prior to being loaded on a ship. IMO UPDATES: IMDG AMENDMENT 37-14; MSC 94 SOLAS AMENDMENT: CONTAINER WEIGHT VERIFICATION

In This Issue: July/August 2014 Issue

A sampling of topics of interest in the July/August 2014 issue of The Journal of HazMat Transportation.

NON-ACCIDENT RELEASES FROM TANK CARS
This report reviews the incident reporting requirements for non-accident releases (NARs) from tank cars, and how incident data are used by the rail industry and FRA to target causes of NARs and reduce their occurrence, thus reducing injuries from NARs. Reporting of Non-Accident Releases, page 7-8

COMMENTS ON DOT LETTTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT addressing US variations and competent authority approvals for large lithium batteries, the role of the carrier in transloading operations, and conversion of liquid volumes to net mass for air transport. Comments on DOT Interpretations, page 25-29

IMPROVING THE EFFECTIVENESS OF HAZMAT TRAINING
This article describes training methods used for dangerous goods training in the United Kingdom, identifies areas of concern, and provides suggestions for making training more interesting and effective. Dangerous goods training: The Critical Components to an Effective Safety Program, page 14-17

HM-250 FINAL RULE-COMPATIBILITY WITH INTERNATIONAL ATOMIC ENERGY AGENCY REGULATIONS
This article summarizes and comments on a final rule intended to harmonize Class 7 (radioactive) material requirements of the Hazardous Materials Regulations with those of the International Atomic Energy Agency (IAEA). An Exposition on HM-250: Compatibility with the Regulations of the International Atomic Energy Agency, page 36-45

DOT RULEMAKINGS FOR “HIGH HAZARD FLAMMABLE TRAINS”
Two announced DOT rulemakings address the risks posed by petroleum crude oil and other materials transported in large volume by trains (designated as high-hazard flammable trains or “HHFTs”). A notice of proposed rulemaking (NPRM) proposes improvements to tank car standards and other safety enhancements, and an advance NPRM proposes changes to crude oil spill response planning for HHFTs. DOT Announces Proposed Rulemakings for High Hazard Flammable Materials Transported by Rail, page 30

HAZARDOUS MATERIAL TRANSPORTATION SECURITY PLANS
This article reviews the development of security planning requirements in the Hazardous Materials Regulations, the specifics of complying with regulatory requirements, and the potential for enforcement action for violations of the requirements. Understanding the Elements, Application and Importance of Hazardous Material Transportation Security Plans, page 18-21

REPORT ON THE 45TH SESSION OF THE UN SCTDG
From June 23 to July 2, 2014, the UN Sub-Committee of Experts on the Transport of Dangerous Goods (SCTDG) met in Geneva, Switzerland. This article summarizes the issues addressed and decisions reached during the proceedings. Report on the 45th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods, page 9-13

CHANGES TO TRANSPORT CANADA’S TRANSPORT OF DANGEROUS GOODS REGULATIONS
Two recent amendments to the TDG Regulations and a new proposal for further safety enhancements for rail transport are reviewed in this article. The amendments address hazard communication, updates to standards and adoption of new standards for packagings, including rail tank cars. Transport Canada adopts two series of amendments to its TDG regulations and proposes new tank car requirements for pre-consultation, page 31-35

BULK VEHICLES USED FOR EXPLOSIVES
This alert reviews a recent DOT proposed rulemaking to adopt provisions from special permits into the HMR and incorporate by reference an Institute of Makers of Explosives safety standard for the transport of certain explosives and other hazardous materials in specialized bulk packagings. PHMSA Proposes Adoption into HMR of Provisions for Bulk Vehicles Used for Explosives under Special Permits, page 22-23

  • 2015-28 May 21, 2015 Results of the 2015 ICAO Dangerous Goods Panel Working Group Meeting April 27 – May 1

  • 2015-27 May 19, 2015 Pre-Meeting Report on Proposals to be Discussed at the 47th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods

  • 2015-26 May 18, 2015 PHMSA Issues Best Practices Guide for Cargo Tank Loading/Unloading

  • 2015-25 May 11, 2015 Analysis: PHMSA’s HM-251 Final Rule: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains

  • 2015-24 May 8, 2015 PHMSA Issues HM-251 Final Rule: Enhanced Tank Car Standards and Operational Controls for High Hazard Flammable Trains