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In This Issue: July/August 2016 Issue

Topics of interest in the July/August 2016 issue of The Journal of HazMat Transportation.

Report on the 49th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods: June-July 2016
By Frits Wybenga, Senior Technical Advisor

Applying DOT HMR to Regulated Precious Metals Destined for Recycling
By Wade Winters, President, Regulatory Resources Inc.

Criminal Case Concludes Against Airgas Doral, Inc. for Violations of Federal Hazardous Materials Law
Roncevert Almond, Esq., The Wicks Group LLC

The Journal of HazMat Transportation’s Exclusive Comments on the U.S. DOT Letters of the Hazardous Materials Regulations
(links provided to 49 CFR sections and original DOT letters)
By Frits Wybenga, Senior Technical Advisor

  • Criteria for passing the vibration test
  • Leakage testing of cargo tank trucks
  • Sufficient capacity of vacuum relief for portable tanks
  • Lithium battery compliance
OTHER REPORTS IN THIS ISSUE
 

Update on and Review of PHMSA’s HM-218H Miscellaneous Amendments Final Rule 
By Ed Mazzullo, Technical Advisor

PHMSA Issues HM-219A NPRM Responding to Petitions for Rulemaking
By Ed Mazzullo, Technical Advisor

National Transportation Safety Board Round Table Discussion a Dialogue on What's Next in Rail Tank Car Safety
By Edward W. Pritchard, Senior Partner, Paladin Consulting

Update on SOLAS Requirements for Container Weight Verification
By Ed Mazzullo, Technical Advisor

Airgas Doral, Inc. Pleads Guilty to Fatal 2008 Incident, Sentenced by Department of Justice: $4.3 Million Fine, Organizational Probation, and $2.7 Million in Restitution
By JHMT Staff


Go to the full Digital Edition of The Journal at hazmatship.com to read:

U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations: May through July 2016.  34 Interpretations sorted and provided verbatim

HazMat Transportation Guidance: 8 guidance tips 

Summary of U.S. DOT Rule & Rulemaking Activity

In This Issue: May/June 2016 Issue

Topics of interest in the May/June 2016 issue of The Journal of HazMat Transportation.

LEGAL ANALYSIS OF WARRANTLESS SEARCHES
Through delegations of authority by the DOT, agencies such as PHMSA assert the ability to conduct warrantless searches, without prior notice or approval, of regulated persons or entities. This article analyzes the “closely regulated industry” exception to Fourth Amendment protection against warrantless searches and its application to the hazardous materials transportation industry, and identifies open issues potentially subject to further judicial review.
Unwarranted Intrusion? Investigating the Closely Regulated Industry Exception to the Fourth Amendment

HM-253 REVERSE LOGISTICS FINAL RULE
In this article we present a comprehensive analysis of PHMSA’s March 31, 2016, final rule implementing provisions to facilitate return shipments of retail products that are hazardous materials. This review covers both a summary of the rule’s provisions and identification of problem areas that may need further clarification or changes to the rules.
PHMSA’s HM-253 Final Rule on Reverse Logistics

ATA PETITION FOR RECONSIDERATION OF CERTAIN HM-253 PROVISIONS
The American Trucking Associations (ATA) has petitioned PHMSA for reconsideration of the HM-253 Reverse Logistics final rule. This article examines ATA’s petition addressing a definition for “private carrier,” expansion of reverse logistics exceptions for dedicated carriers and clarification of responsibility for proper packaging.
ATA Files Petition for Reconsideration of HM-253 Reverse Logistics Final Rule

SELECTIVE TESTING OF SINGLE PACKAGINGS
In Part A of this review, published in the March/April Edition of The Journal, we looked at selective testing provisions addressed to non-bulk combination packagings and related guidance derived from letters of interpretation. In Part B, we look at selective testing provisions addressed to non-bulk single packagings.
A Look at Selective Testing Provisions for Non-Bulk Packagings and Related Interpretations—Part B: Single Packagings

PHMSA’S ADMINISTRATOR SHARES VIEWS ON THE HAZMAT PROGRAM
Marie Therese Dominguez, Administrator of the Pipeline and Hazardous Materials Safety Administration, responds to questions from the Journal and shares her views concerning the future of the hazardous materials safety program and insights into other issues of concern to hazardous materials transportation stakeholders.
Questions for Marie Therese Dominguez, Administrator, Pipeline and Hazardous Materials Safety Administration

PRE-MEETING REPORT FOR THE 49TH SESSION OF THE UN SCETDG
From June 27-July 6, 2016, the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) will hold its 49th session in Geneva, Switzerland. The SCETDG agenda will address 49 formal proposals (working papers) in nine general topic areas as well as 11 informal (INF) papers addressing classification and listing of materials, provisions for explosives and gases, proposals related to the UN Model Regulations and the GHS, and other issues. This is the third of four sessions which will lead to changes in the 20th revised edition of the UN Model Regulations.
Pre-Meeting Report on Proposals to be Discussed at the 49th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods

STATE REGULATORY ACTION: CALIFORNIA SB-84 HEARING—Part 2
Under recently enacted legislation, California’s newly created Regional Railroad Accident Preparedness and Immediate Response Fund Advisory Committee is charged with assessing fees to chemical companies shipping the top 25 hazardous materials transported by rail. This article provides an update on recent activities of the committee.
State Regulatory Action, Part Two in the Series on California SB-84 Hearing

Highlights from the 30th Session of the UN SCGHS
In December of 2015, the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (SCGHS) held its 30th session in Geneva, Switzerland. This article reviews the work of the SCGHS which focused on labeling of small packagings, GHS labels and transportation, classification and hazard communication for flammable gases, among other issues.
Highlights from the 30th session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification

Pre-Meeting Report for the 31st Session of the UN SCGHS
From July 5-8, 2016, the UN SCGHS will hold its 31st session in Geneva, Switzerland. The SCGHS agenda will focus on joint work with the TDG Sub-Committee, classification criteria, hazard communication and other issues addressed in informal papers.
Pre-Meeting Report on Proposals to be Discussed at the 31st Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT concerning training requirements for Safety Data Sheet preparers, classification of chlorosilanes and requirements for “empty” oxygen cylinders.
Comments on DOT Interpretations

In This Issue: January/February 2016 Issue

A sampling of topics of interest in the January/February 2016 issue of The Journal of HazMat Transportation.

HAZMAT LEGISLATION
On December 4, 2015, the President signed into law the “Fixing America’s Surface Transportation Act” or “FAST Act.” Included in this law is the “Hazardous Materials Transportation Safety Improvement Act of 2015” (HMTSIA 2015). HMTSIA 2015 authorizes appropriations for DOT’s hazardous materials transportation programs.
FAST Act – What's in it? Hazardous Materials Safety and Improvement

PHMSA ADOPTS 96 SPECIAL PERMITS INTO HMR
Final Rule HM-233F, “Hazardous Materials: Adoption of Special Permits,” was published on January 21, 2016, incorporating widely-used or long-standing special permits (SPs) into the Hazardous Materials Regulations.
PHMSA Issues HM-233F Final Rule Adopting 96 Special Permits into the HMR

REPORT FOR THE 48TH SESSION OF THE UN SCETDG
The United Nation Sub-Committee of Experts on the Transport of Dangerous Goods (UN SCETDG) held its 48th session in Geneva, Switzerland, from November 30 to December 9 2015. The meeting discussed a range of issues from explosives to lithium batteries. The results of discussion here and in the next biennium will culminate in the 20th edition of the UN Model Regulations.
Report of the 48th UN TDG Sub-Committee Meeting: November/December 2015, Second of the Biennium

REPORT FOR THE 25TH SESSION OF THE ICAO DGP
The International Civil Aviation Organization Dangerous Goods Panel (ICAO DGP) met for its 25th session in Montreal, Canada, from October 19 to 30 2015. Amendments agreed to at this meeting will be included in the 2017-2018 Technical Instructions. The DGP also considered decisions made by two previous DGP working group meetings.
A Review of Decisions by the 25th Session of the ICAO Dangerous Goods Panel (October 2015): Part I - Lithium Battery Related Changes; Part II - Other Amendments Discussed at the 25th Session of the ICAO Dangerous Goods Panel

INTERNATIONAL PROVISIONS FOR MARITIME TRANSPORT
Amendment 37-14 to the International Maritime Dangerous Goods (IMDG) Code became mandatory at the start of this year, with SOLAS container weight verification becoming in effect in July. Next year holds voluntary and then mandatory dates for Amendment 38-16, pushing further changes to the IMDG Code.
IMO Update: Changes to International Standards for Transportation by Vessel

GHS HARMONIZATION IN THE US
Incorporating labels from the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) into the US hazcom system is raising many issues for those looking to conduct international trade, such as translation requirements and HCS2012 labeling for exports and imports.
Challenges for Supply Chain Hazard Communication Labeling

CLARIFYING AND CORRECTING LIBATT PROVISIONS
Final Rule HM-260 “Hazardous Materials: Editorial Corrections and Clarifications” was published in the Federal Register to correct misspellings, section references, restore text inadvertently deleted in the process of publishing past final rules and, in response to requests for clarification, clarify certain HMR regulatory provisions.
PHMSA’s HM-260 Editorial Corrections Rule Clarifies Lithium Battery Provisions

OVERPACKS AND PACKAGE MARKINGS
The International Air Transport Association (IATA) includes two requirements relating to the marking size requirements for proper shipping names. Finding a basis in the ICAO TI provides a point of reference for interpretation.
Examining the IATA Size Requirements for Proper Shipping Name Markings

DIFFERING MODAL REQUIREMENTS FOR COMBUSTIBLE PLACARDS
Different provisions exist in the HMR for requiring the lower portion of a COMBUSTIBLE placard depending on the mode of transportation.
Placard Requirements for Combustible Goods in Transport

OSHA’S INSPECTION AUTHORITY AND PRIORITIES
The Occupational Safety and Health Administration (OSHA) has authority to inspect workplaces and conduct investigations. Due to its workforce restrictions, it must prioritize inspections according to capacity. Employers are advised to be prepared accordingly.
OSHA Inspections: Agency Process and Employer Prerogative

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT concerning the definition of non-bulk and bulk, definition of a “tank car facility,” and inclusion of “limited quantity” on the NOPIC.
Comments on DOT Interpretations

In This Issue: March/April 2016 Issue

Topics of interest in the March/April 2016 issue of The Journal of HazMat Transportation.

COMPARING OSHA AND DOT HAZCOM REQUIREMENTS FOR BULK TRANSPORT CONTAINERS
The issue of how and what must be displayed on large volume hazmat containers in transportation is receiving attention with the implementation of the GHS under OSHA’s Hazard Communication Standard, 29 CFR 1910.1200 (HCS) and recent OSHA interpretive documents. This review takes a critical look at DOT requirements/interpretations and new OSHA HCS requirements and interpretations.
OSHA and DOT HazCom Requirements for Bulk Containers

SELECTIVE TESTING OF NON-BULK PACKAGING --INTERPRETATIONS
The Hazardous Materials Regulations (HMR) provide relief from rigorous design qualification testing requirements of Part 178, Subpart M, for non-bulk packagings which differ only in minor aspects from packagings which have undergone design qualification testing. This article looks at selective testing provisions for non-bulk combination packagings and related guidance provided in letters of interpretation issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA).
A Look At Selective Testing Provisions for Non-Bulk Packagings and Related Interpretations—Part A: Combination Packagings

TRANSPORT CANADA SEEKS CLOSER HARMONY WITH U.S. AND INTERNATIONAL STANDARDS
Transport Canada has opened consultation with stakeholders on how to best update and harmonize Canadian Transport of Dangerous Goods regulations with international standards such as the United Nations Model Regulations on the Transport of Dangerous Goods (UN Recommendations) and the U.S. Hazardous Materials Regulations. This article examines the goals and proposed changes of this harmonization initiative.
Transport Canada Move to Increase Harmony with International Regulations

OSHA GUIDANCE FOR HAZCOM 2012
OSHA recently published guidance, titled Hazard Classification Guidance for Manufacturers, Importers, and Employers, to provide assistance for those classifying chemical substances and mixtures under OSHA’s revised Hazard Communication Standard (29 CFR 1910.1200). This article reviews the guidance document and provides information on OSHA’s request for comments on a draft companion document, Guidance on Data Evaluation for Weight of Evidence Determination.
OSHA Publishes Guidance for HazCom 2012

HAZMAT REGULATORY REVIEW FOR 2015/ PREVIEW OF 2016 REGULATORY AGENDA
This review highlights the hazardous materials-related rulemaking activities of PHMSA and other DOT modal administrations for 2015 and looks at anticipated rulemaking activities for 2016.
HAZARDOUS MATERIALS TRANSPORTATION — Part A: Regulatory Highlights For 2015
Part B: Preview of the 2016 Regulatory

STATE REGULATORY ACTION: RAIL FEE COLLECTION AND EQUIPMENT SHARING
Under recently enacted legislation, the State of California’s newly created Regional Railroad Accident Preparedness and Immediate Response Fund Advisory Committee is charged with assessing fees to chemical companies shipping the top 25 hazardous materials transported by rail. The money collected will be used by the State of California to help pay for equipment, training, and resources for emergency preparedness and response. The railroads are not being assessed fees but are held accountable for collecting the fees from the shippers. This article describes recent activities arising from the legislation.
State Regulatory Action

THE JOURNAL ANSWERS READERS’ QUESTIONS
This article responds to recent questions from readers on four topics: use of a UN-certified packaging for limited quantities, reuse of US-manufactured UN drums for export to the US, provision of emergency response information under the ICAO Technical Instructions, and how use of an overpack should be reflected on a transport document for air shipments.
Readers’ Inquiries

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT concerning the proper shipping description for diesel fuel shipped as a combustible liquid, package testing requirements for biological substances, use of a secondary means of closure, and external inspections for rail tank cars.

Comments on DOT Interpretations

QUALIFICATION OF INDUSTRIAL PACKAGINGS UNDER ISO 1496-1
This article explores the complexities of, and provides guidance for, qualifying a freight container for use as a Type IP-2 or IP-3 industrial packaging under § 172.411 of the HMR and the freight container certification provisions of the ISO 1496-1 standard.
Type IP-2 or IP-3 Qualification under the Alternate ISO 1496-1 Standard

NTSB RECOMMENDATIONS ON LITHIUM BATTERY SEGREGATION IN SHIPMENTS
The NTSB recently issued two safety recommendations, A-16-001 and -002, to PHMSA addressing the transportation of lithium batteries as cargo on aircraft, concerning segregation from flammables and establishment of requirements for maximum loading densities. This HazMat Alert reviews the recommendations.
NTSB Issues New Safety Recommendations for Lithium Batteries Transported as Cargo on Aircraft

In This Issue: November/December 2015 Issue

A sampling of topics of interest in the November/December 2015 issue of The Journal of HazMat Transportation.

TIANJIN DISASTER LEADING TO CHANGES IN CHINA
Catastrophic explosions rocked Tianjin Port, northern China, on August 12, causing 173 deaths and an estimated 11 billion USD in direct economic losses. This article reviews impacts on hazardous chemical logistics arising from the incident. Impact of Tianjin Disaster on Hazardous Chemical Logistics in China

CANADA’S PROOF OF CLASSIFICATION REQUIREMENT
A regulatory change found in the Canadian (TDGR) stemming from the July 2013 train accident in Lac-Mégantic, Quebec, can be found in TDGR section 2.2.1. It requires consignors to establish and keep available a “proof of classification” for all dangerous goods imported or offered for transport. This article examines the provisions and impacts of the requirement. Canadian “Proof of Classification” Is Unique Canadian Requirement for Dangerous Goods

PHMSA RESPONSES TO INDUSTRY CONCERNS IN THE HM-233E FINAL RULE
PHMSA published the HM-233E final rule, Special Permit and Approvals Operating Procedures and Evaluation Process, on September 10, 2015. This article examines industry concerns and PHMSA’s responses to those concerns in the final rule, in areas such as application backlog and processing time; the scope of an on-site inspection; the fitness determination process, and the legal effect of SOPs. HM-233E: Special Permit and Approvals Operating Procedures and Evaluation Process--Industry’s Comments and PHMSA’s Response

GHS LABELS ON TRANSPORT PACKAGES
With the ongoing implementation of the GHS worldwide, GHS labels are appearing more frequently on the outside of transport packagings. This article looks at the GHS labeling requirements, how they are being implemented and the implications for transport. GHS Implications for the Transport of Hazardous Materials in Packagings

CALIFORNIA STATE BILL COULD IMPACT RAIL TRANSPORT OF HAZMAT
California State Bill – SB84, if enacted, would require fees to be paid by a person owning any of the 25 most hazardous material commodities that are transported by rail in California. In this article the purpose, provisions and potential impacts of this bill are reviewed. California State Bill – SB84

PRE-MEETING REPORT FOR THE 48TH SESSION OF THE UN SCETDG
From November 30 to December 9, 2015, the UN Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) will hold its 48th session. The agenda includes over 30 papers. This is the second of four sessions which will lead to changes in the 20th revised edition of the UN Model Regulations. The Journal will provide a full report on the proceedings in its January/February 2016 edition. Pre-Meeting Report on Proposals to be Discussed at the 48th Session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods

PRE-MEETING REPORT FOR THE 30th SESSION OF THE UN SCGHS
From December 9 to 11, 2015, the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (SCGHS) will hold its 30th session in Geneva, Switzerland. The SCGHS agenda will address 9 formal proposals (working papers) in nine general topic areas and one or more informal (INF) papers. The Journal will provide a full report on the proceedings in its January/February 2016 edition. Pre-Meeting Report on Proposals to be Discussed at the 30th Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals

PHMSA RESPONDS TO HM-251 APPEALS
On November 18, 2015, PHMSA published a notice responding to five appeals to the HM-251 Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains final rule. This article reviews the issues raised in those appeals and PHMSA’s responses to appellants. PHMSA Responds to HM-251 Appeals to Final Rule: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains

THE JOURNAL ANSWERS READERS’ QUESTIONS
This report responds to three recent questions from readers: using Section 14 of the Safety Data Sheet for an environmentally hazardous substance that is in an excepted quantity; using an emergency response guidebook for shipments by vessel; and, time limits, if any, on movement of a tank car filled prior to a past due test date. Reader’s Questions

COMMENTS ON DOT LETTERS OF INTERPRETATION
Comments are provided on recent interpretations from DOT concerning the classification of aqueous solutions of alcohol, use of the DANGEROUS placard, and the definition of “unrefined petroleum products” as used in the new § 173.41. Comments on DOT Interpretations