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In This Issue: May/June 2015 Issue

A sampling of topics of interest in the May/June 2015 issue of The Journal of HazMat Transportation.

COMPARISON OF DOT AND CANADIAN TANK CAR RULES
DOT’s HM-251 final rule was published in the Federal Register on May 8, with an effective date of July 7, 2015, and the Canadian amendment to the TDG Regulation known as TC 117 Tank Car was published in Canada Gazette II on May 20 (SOR/2015-100), coming into force on date of publication with a 6 month transition period. This article provides a comprehensive review and comparison of these two significant rules. Comparison of US DOT and Transport Canada Recent Rules for Safer Rail Transportation of Flammable Liquids, page 32-39

UNAPPROVED TANK CAR VALVES
A recent FRA railworthiness directive addresses leakage from certain valves on tank cars used for hazardous materials. FRA indicates the valves are not authorized and, in this directive addressed to all owners of tank cars used to transport hazardous materials in the U.S., requires these valves to be removed and replaced with authorized valves. Railworthiness Directive Identifies Unapproved McKenzie Tank Car Valves, page 26-28

RESULTS OF THE ICAO DGP MEETING
From April 27 to May 1 of this year, a Dangerous Goods Panel (DGP) working group meeting was held in preparation for the 25th session of the DGP to be held this fall. At DGP25, amendments will be adopted for inclusion in the 2017-2018 edition of the ICAO Technical Instructions. This report reviews discussions and actions taken with regard to lithium batteries, restrictions on e-cigarettes, packaging, shipper responsibilities, and other subjects. Results of the 2015 ICAO Dangerous Goods Panel Working Group Meeting, page 7-8

EMERGENCY ORDER 30 AND OTHER INTERIM RAIL SAFETY ACTIONS BY DOT
This article reviews recent interim actions taken by DOT intended to further address the continuing risks posed by the transportation in tank cars of large volumes of flammable liquids, particularly petroleum crude oils and ethanol. These actions, consisting of an FRA Emergency Order and three safety advisory notices issued by FRA and PHMSA, preceded DOT’s issuance of the final rule under HM-251, and most likely will remain in place until the safety enhancements embodied in the HM-251 final rule are in effect. DOT Interim Rail Safety Actions: An Emergency Order and Three Safety Advisories, page 40-42

DOMESTIC AND INTERNATIONAL GHS-RELATED LABELLING ISSUES
This article explores labelling issues related to the Occupational Safety and Health Administration’s requirements under HCS 2012, such as for labelling of combination packaging, and OSHA labelling versus that of the Consumer Product Safety Commission. It also reviews GHS labelling as implemented in Canada in the Hazardous Products Regulations and in Europe by EU regulations. Hazard Communication Label Challenges, page 9-12

COMMENTS ON DOT LETTERS OF INTERPRETATIONS
Comments are provided on recent interpretations from DOT addressing securement of IBCs and the definition of “lithium battery” and packaging and hazard communication for a large lithium battery contained in equipment. Comments on DOT Interpretations, page 19-21, and Lithium Batteries, page 17

PRE-MEETING REPORT FOR THE 47TH SESSION OF UN SCETDG
This report reviews proposals to be considered at the 47th session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods (SCETDG) to be held from June 22 to 26, 2015, in Geneva, Switzerland. Summarizes are provided for both formal papers and informal papers concerning potential changes to the UN Model Regulations. 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, page 46-47

HAZMAT EMPLOYEE TRAINING INTERPRETATIONS
PHMSA is frequently called on to answer questions concerning requirements for the training of “hazmat employees.” This report looks at a number of interpretations PHMSA has issued in the past concerning various aspects of hazmat employee training. Looking at Hazmat Training as Addressed in DOT Letters of Interpretations, page 13-16

BEST PRACTICES FOR CARGO TANK LOADING AND UNLOADING
This HazMat Alert reviews “best practices” for loading and unloading cargo tank motor vehicles (CTMVs), as recommended by PHMSA in a recent publication. The recommended practices are intended to enhance the safety of CTMV loading and unloading operations. PHMSA Issues Best Practices Guide for Cargo Tank Loading/Unloading, page 22-23

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: 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: 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

  • 2015-33 July 2, 2015 Report of the 47th UN TDG Sub-Committee Meeting: June 2015, First of the New Biennium

  • 2015-32 June 18, 2015 Improving Chemical Facility Safety and Security Webinar: Implementation Updates

  • 2015-31 June 17, 2015 Transport Canada Proposes New TDG Amendments

  • 2015-30 June 2, 2015 OSHA Issues Interim Enforcement Guidance

  • 2015-29 June 1, 2015 FRA and PHMSA Administrators Nominated; FAA Director Selected; ICAO Issues Addendum 1 to TI; Secretariat's DGP Report Now Available