Announcements from regulatory agencies of the US Government in the Federal Register can have a significant impact on your business.  Therefore it’s important for you to continuously monitor Federal Register publications for announcements applicable to your operations.  I can help you to do this.

Sometimes an announcement in the Federal Register calls for a more thorough explanation than just what is conveyed by the headline.  That is the point of this article.  Here I will briefly summarize, and provide access to more information, on a specific Federal Register announcement:  Hazardous Materials: Transportation of Lithium Batteries. (more…)

Are the GHS-compliant pictograms required by the revised OSHA HazCom Standard allowed to be displayed on a packaging that also displays the HazMat Labels (and other markings) required by the USDOT/PHMSA?

The short answer is yes.  Though current OSHA regulations have confused the issue (more on that below) you can rest assured that a packaging regulated as hazardous by both the USDOT/PHMSA and OSHA can display both the new pictograms and the HazMat labels and markings.  To clarify this confusing situation I will present the issue from the distinct perspective of each regulatory agency.

Learn more about the GHS, OSHA’s HazCom, and its relation to the HMR… (more…)

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

 February 1, 2015 through February 28, 2015

USEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Approval of Other Solid Waste Incineration Units State Plan for Designated Facilities and Pollutants: Indiana Pages 10357 – 10359 [FR DOC # 2015-03792] PDF | Text | More

Proposed Rules:

Approval of Other Solid Waste Incinerator Units State Plan for Designated Facilities and Pollutants: Indiana Pages 10441 – 10442 [FR DOC # 2015-03790] PDF | Text | More

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System Pages 8306 – 8307 [FR DOC # 2015-03153] PDF | Text | More

The Hazardous Waste Electronic Manifest System Advisory Board: Request for Nominations Pages 8643 – 8645 [FR DOC # 2015-03300] PDF | Text | More

Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption Reissuance-Class I Hazardous Waste Injection; Lucite International, Inc. Beaumont Site, Nederland, TX Pages 9267 – 9267 [FR DOC # 2015-03463] PDF | Text | More

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

Minimum Training Requirements for Entry-Level Drivers of Commercial Motor Vehicles: Negotiated Rulemaking Committee Membership and First Meeting Pages 7814 – 7815 [FR DOC # 2015-02967] PDF | Text | More

Notices:

None

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Hazardous Materials: Transportation of Lithium Batteries Pages 9217 – 9218 [FR DOC # 2015-03500] PDF | Text | More

Proposed Rules:

None

Notices:

International Standards on the Transport of Radioactive Material Pages 6567 – 6568 [FR DOC # 2015-02222] PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 8133 – 8135 [FR DOC # 2015-03049] PDF | Text | More

Actions on Special Permit Applications Pages 9307 – 9308 [FR DOC # 2015-02984] PDF | Text | More

Notice of Application for Special Permits Pages 9308 – 9310 [FR DOC # 2015-02977] PDF | Text | More

Research and Development Program Forum Pages 9306 – 9307 [FR DOC # 2015-03488] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department Of Transportation.

HERE IS A QUESTION I RECEIVED THROUGH THE CONTACT ME PAGE OF MY WEBSITE.

Names and references to locations and companies have been changed to preserve anonymity.  Other minor editing changes have been made as well.

Subject: Help
Message: Hi Daniel,
My name is <<John Smith>> and I work for a construction company in a <<U.S. State>>. I drive a fuel/lube truck with a 1000 gallon diesel tank. I also haul engine, transmission, coolant, slop oil, and grease that are 100 gallons or less. I fuel off road construction equipment to our sites. My company does not or should I say certain individuals in the company do not know about HazMat DOT regulations.
What kind of shipping paper do I need? Would I need a permanent for diesel only or do I need to have the other chemicals listed as well?
I am personally getting the items I need from a well known company in this field. I purchased the orange book, placards 1993, and another HazMat book. I believe the company needs to have the HazMat Registration Permit also right. Please help. It seems I am alone with people who don’t know or don’t care. Call me, ###-###-####, so we can discuss this and perhaps if the price is right I would take one of your courses.
Respectfully for the cause,

AND HERE IS MY RESPONSE:

Thanks for contacting me. I’ll do my best to answer your questions.

First of all, diesel in the quantity and bulk packaging you describe is a hazardous material subject to the regulations of the USDOT when transported in commerce. Therefore, the following is required (at a minimum):

• A shipping paper that describes the hazardous material (diesel) and any others you transport. A permanent diesel shipping paper would work as long as it is handled properly.
• Placards on all four sides of the vehicle.
• Markings on all fours sides of the vehicle: 1993, “Diesel”, or “Combustible”.
• Emergency response information immediately available to the driver. The 2012 ERG is good for this. You must also have a 24 hour emergency response phone number.
• The vehicle is a Commercial Motor Vehicle, subject to regulations for its operation on the highway. Depending on its weight, the driver may require a Commercial Driver’s License and be subject to hours-of-operation limits, &etc.
• A placarded quantity of HazMat requires registration with the USDOT and payment of the fee.
• Anyone involved in the transportation of the HazMat (not just the driver) must receive initial and triennial (every 3 years) HazMat Employee Training. Drivers require an additional component to HazMat Employee Training to include operation of the vehicle.

The other materials you mention may not be hazardous materials (or they might!). It is up to the Shipper to determine if a material is hazardous or not and therefore subject to the regulations.

You are right to be concerned about compliance issues at your company. I’d be happy to answer any other questions you may have.

Anyone who transports dangerous goods (aka: hazardous materials or HazMat in the U.S.) must be aware of the latest news from the Canadian government’s Transport Canada.  One way to do this is to subscribe to the Transport Dangerous Goods Newsletter.

Before you subscribe you might be interested in checking out the TDG Newsletter for the first quarter of 2015.  I honestly don’t know how often they publish this thing, it doesn’t seem regular at all – unlike my monthly newsletter which appears every month predictable as a gas bill.  It’s not quarterly or anything.  I think they just publish it when they feel they have enough stuff to justify a newsletter.

Curious about what you’ll find inside?

• Word from the Director General
• Recent Changes in the TDG Directorate
• Spring 2013 TDG Newsletter Survey – Thank you for participating!
• Transportation of Dangerous Goods Research – What’s New?
• Implementing Lean Management in the Transport Dangerous Goods Directorate
• Association Québécoise du Propane – Annual Training for Emergency Response Advisors
• Protective Directions Issued by the Transport Dangerous Goods Directorate
• Lithium Batteries Are Dangerous Goods
• Transport Canada’s Chemical, Biological, Radiological, Nuclear and Explosive Response Program Update
• Petroleum Crude Oil Transloading Facilities in Western Canada
• Dealing with sodium chlorate at a derailment site
• Reportable Accidents across Canada in 2012 and 2013
• CANUTEC Communication System – Canada’s New Safety Hotline for the Transportation of Dangerous Goods
• Raising CANUTEC Awareness in Salmon Arm, British Columbia
• Two amendments to the Transportation of Dangerous Goods Regulations
• Contacts

Are the regulations of TDG Canada that different from PHMSA/USDOT?  Not really.  As a matter of fact, our two great nations have a reciprocal compliance agreement for the transportation of dangerous goods between the U.S. and Canada by highway or rail.  In short, compliance with the regulations of one country is accepted as compliance with the regulations of the other (with a few exceptions).  Read here for more:  Transportation of Dangerous Goods Between U.S. and Canada.

If you ship, receive, or transport dangerous goods from, to, or within Canada, then you must provide training for your employees engaged in regulated functions, e.g. preparing shipping papers; filling, closing, or loading (and unloading) packages; applying labels, markings, or placards; supervising employees engaged in these functions; and more!  Contact me for the training you need to remain compliant.

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

January 1, 2015 through January 31, 2015

USEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Definition of Solid Waste Pages 1693 – 1814 [FR DOC # 2014-30382] PDF | Text | More

Georgia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 3888 – 3891 [FR DOC # 2015-01040] PDF | Text | More

Proposed Rules:

Lead-Based Paint Programs; Amendment to Jurisdiction-Specific Certification and Accreditation Requirements and Renovator Refresher Training Requirements Pages 1873 – 1880 [FR DOC # 2015-00473] PDF | Text | More

Is the waste generated during lead-based paint removal from a home a hazardous waste? Find out here:  The Household Hazardous Waste Exclusion

Georgia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 3936 – 3936 [FR DOC # 2015-01039] PDF | Text | More

Notices:

None

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Petition for Waiver of Compliance Pages 1469 – 1470 [FR DOC # 2015-00114] PDF | Text | More

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Hazardous Materials: Harmonization With International Standards (RRR) Pages 1075 – 1169 [FR DOC # 2014-30462] PDF | Text | More

Proposed Rules:

Hazardous Materials: Miscellaneous Amendments (RRR) Pages 3787 – 3838 [FR DOC # 2015-00265] PDF | Text | More

Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR) Pages 5339 – 5449 [FR DOC # 2015-01263] PDF | Text | More

Notices:

Delayed Applications Pages 105 – 106 [FR DOC # 2014-30557] PDF | Text | More

Notice of Application for Special Permits Pages 104 – 105 [FR DOC # 2014-30538] PDF | Text | More

Notice of Application for Modification of Special Permit Pages 275 – 276 [FR DOC # 2014-30550] PDF | Text | More

Actions on Special Permit Applications Pages 920 – 921 [FR DOC # 2014-30546] PDF | Text | More

Delayed Applications Pages 2777 – 2778 [FR DOC # 2015-00707]                PDF | Text | More

Notice of Application for Special Permits Pages 2778 – 2779 [FR DOC # 2015-00706] PDF | Text | More

Notice of Application for Modification of Special Permit Pages 3012 – 3013 [FR DOC # 2015-00705] PDF | Text | More

Actions on Special Permit Applications Pages 3311 – 3312 [FR DOC # 2015-00678] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department Of Transportation.

PHMSA’s Hazardous Materials Safety Assistance Team conducts workshops specialized to meet the needs of industry or the public safety community. These free one-day events are scheduled across the nation (see below).

The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) specify requirements for the safe and secure transportation of hazardous materials in commerce by rail car, aircraft, vessel, and motor vehicle. These comprehensive regulations govern transportation-related activities by offerors (e.g., shippers, brokers, forwarding agents, freight forwarders, and warehousers); carriers (e.g., common, contract, and private); packaging manufacturers, reconditioners, testers, and retesters; and independent inspection agencies.

The HMR apply to each person who performs, or causes to be performed, functions related to the transportation of hazardous materials such as determination of, and compliance with, basic conditions for offering; filling packages; marking and labeling packages; preparing shipping papers; handling, loading, securing and segregating packages within a transport vehicle, freight container or cargo hold; and transporting hazardous materials.

This free one-day workshop provides an overview of how to use the HMR and a summary of many of the requirements found in the HMR which can affect transportation safety to include: Training Requirements, Packaging, Hazard Communications, and Security.

Who should attend?

Anyone who offers or transports hazardous materials in commerce or has a desire to learn more about US DOT’s Hazardous Materials Regulations.

What does it cost?

Nothing.  There is no cost for this one-day workshop on the hazardous material regulations.  It is sponsored by the Pipeline and Hazardous Materials Safety Administration.

Is prior registration required?

Yes, please register yourself and any others you wish to attend with you.  Information about the venues for the workshops and to register can be found here:  Registration page for PHMSA HazMat Transportation One-Day Workshops in 2015.

What information is covered at the one-day workshops?

The transportation workshops provide a basic overview of the regulatory requirements – what they are, how they apply, and how to comply with them, for shipping and transporting Hazardous Materials. The workshops address the same information as the Hazmat Basics track given at the Multimodal Seminars and include overviews of the Training and Security Requirements.

Will attendance at this PHMSA workshop fulfill my HazMat Employee training requirements (initial and/or triennial)?

Likely not, since the PHMSA workshop does not include a test, which is a requirement of HazMat Employee training per 49 CFR 172.702(d).  Also, the requirement to provide Function Specific Training at 49 CFR 172.704(a)(2) may be difficult to meet given the general nature of the PHMSA workshop.  However, a HazMat Employer may use a PHMSA workshop as the basis for his/her HazMat Employee training and may meet the regulatory requirements by providing any additional Function Specific Training that may be necessary and by administering a test (either written or verbal).  The final requirement would be to document the completion of the training per the requirements of 49 CFR 172.704(d).

Where and when are the PHMSA workshops being held?

Currently there are 30 workshops scheduled through September 2015.  Check back to the PHMSA website (Seminars, Workshops, and Meetings) for up-to-date information.

These PHMSA workshops are a great learning opportunity for all experience and knowledge-levels of HazMat Employees.  If this isn’t enough for you, consider the PHMSA’s two-day multimodal seminars.  I will definitely attend at least one of these workshops in 2015, and I hope you do as well.  You will likely come away with an improved knowledge of the HMR including the requirement to provide training for all of your HazMat Employees.  That’s where I come in.  Contact me for your mandatory HazMat Employee training and your Hazardous Waste Personnel (RCRA) training as well.

Here’s a question I received through my website:

Good afternoon, I was wondering if you could tell me if a CDL driver needs a HAZ-Mat endorsement to haul asbestos, either friable or Non-friable?

Thank you,

My response:

Asbestos is listed as a hazardous material (Class 9 Miscellaneous) in the Hazardous Materials Table at 49 CFR 172.101.

 Asbestos that is immersed or fixed in a natural or artificial binder material, such as cement, plastic, asphalt, resins or mineral ore, or contained in manufactured products is not subject to the requirements of this subchapter.

Though the terms friable and non-friable are not used, it seems clear that PHMSA/USDOT is saying that a non-friable form of asbestos is not regulated as a hazardous material, whereas a friable form is.

However, just because it is a hazardous material doesn’t necessarily mean the driver needs the HazMat endorsement on their CDL.  The HazMat endorsement is required on the CDL when the vehicle transports an amount of hazardous material that requires placarding (More…)  In the U.S., a vehicle transporting only Class 9 Miscellaneous is not required to be placarded (More…)  Therefore, a driver of a motor vehicle transporting only Class 9 is not required to have the HazMat endorsement on their CDL.

There are exceptions, but in most cases the transportation in commerce of any quantity of a hazardous material will require the display of placards on each side and each end of each of the following:

• Bulk packaging
• Freight container
• Unit load device
• Transport vehicle; this includes a motor vehicle (see below for a definition)
• Rail car

When it comes to placards, compliance with the Hazardous Material Regulations (HMR) requires three things:

1. Determine what placards are required pursuant to 49 CFR 172.504.
2. Select a placard of the correct specifications at 49 CFR 172.519.
3. Display the placard properly according to the requirements of 49 CFR 172.516.

This article will address the requirements of 49 CFR 172.516 Visibility and display of placards. (more…)

I’ve seen a lot of markings on cargo tanks before, but never one like this.  What’s it mean?

Truck Transport, Inc. is a name of a St. Louis, MO company I know nothing about.  It’s the letters and numbers next to the name that have my interest; what does DOT-SP 11903 on a cargo tank motor vehicle mean?

DOT-SP 11903 refers to a Special Permit (“SP”) issued by the Pipeline and Hazardous Material Safety Administration (PHMSA) within the USDOT – hence the “DOT” and “11903” is the identification number it’s assigned.  So we know what DOT-SP 11903 symbolizes, but what does it mean?

A Special Permit – which used to be known as an Exemption and identified by the prefix DOT-E – is a specifically issued document that authorizes a regulated shipper, carrier, or HazMat packaging manufacturer (as in this case) to conduct operations in a manner not allowed in the Hazardous Material Regulations.  Basically, by complying with the requirements of the special permit you may disregard certain regulations of the HMR.

I won’t go through all the tedious details of this special permit, if interested you can do that yourself, instead I’ll summarize its high points:

• The current (tenth) revision issued May 16, 2012 expires on February 29, 2016.  The Grantee or a representative will have to apply for a renewal of the special permit prior to that date.  Or, it is possible that the conditions of the special permit will be incorporated into the HMR and thereby negate the need for the Special Permit.
• This Special Permit was granted to Comptank Corporation of Bothwell, Ontario, Canada.  I assume that this company wanted to manufacture a type of cargo tank for sale within the US that was not authorized by the HMR.  This special permit allows them to manufacture such a cargo tank and for a shipper and carrier to utilize them for the transportation in commerce of a hazardous material.  From the Special Permit:

This special permit authorizes the manufacture, marking, sale and use of non-DOT specification cargo tank motor vehicles constructed from glass fiber reinforced plastics (GFRP) conforming with all regulations applicable to a DOT 407 or DOT 42 cargo tank motor vehicle except as specified herein, for the transportation in commerce of the materials listed in paragraph 6 below.

• Only the following hazardous materials may be transported in a cargo tank under this Special Permit (summarized from paragraph 6):
  • Class 8 Corrosive materials authorized for transport in a lined MC-312 cargo tank and Class 8 liquid and semi-solid wastes of various descriptions and packing groups I, II, & III.
  • Class 3 Flammable or Combustible liquid and semi-solid wastes of various descriptions and packing groups I, II, & III.
  • Class 6.1 Poisonous/Toxic liquid and semi-solid wastes of various descriptions and packing groups I, II, & III.
  • Class 9 Miscellaneous liquid and semi-solid wastes of various descriptions and packing group III.
• Section 7 Safety and Control Measures includes the following:
  • Acceptable specifications for the cargo tank authorized by this Special Permit.  A lot of details of interest solely to the manufacturer of the cargo tank.
  • Operational controls for the shippers of HazMat and cargo tank owners using cargo tanks authorized by this Special Permit; including:
    • If transporting Class 3 Flammable and Combustible Liquids the cargo tank must be equipped with a spring loaded relief valve.
    • The compatibility of the cargo tank with the HazMat must be confirmed by both the shipper and the carrier prior to being offered for transportation.
• Special Provisions of Section 8:

  

  • The use of this Special Permit is not limited solely to those identified by name as its holders.  A person may re-ship a HazMat they received in this packaging as long as the packaging is not modified and it is offered for transportation in compliance with the HMR and DOT-SP 11903.
  • A copy of the Special Permit must be maintained by the shipper of the HazMat and the manufacturer of the cargo tank.  Section 10 requires a copy to be kept by the carrier as well.
  • Each cargo tank authorized by this Special Permit must be marked with one of the following (I apologize; I didn’t get a picture of either one):
    • Name of the manufacturer and location (city and state) of the facility where manufactured.
    • A registration symbol approved by the Agency for a specific manufacturing facility.
  • Information specified in Section 8(g) of the Special Permit must be plainly and durably marked on the cargo tank.  Once again, I failed to get a picture!
• All HazMat Employees must receive training on the requirements of this Special Permit as it applies to their job responsibilities.

Don’t overlook the value a carefully crafted Special Permit can provide to your company.