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 2014.

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 15 workshops scheduled through the middle of August 2014.  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 2014, 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.

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) 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.

December 1 through December 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

None

Proposed Rules:

Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code Pages 79363 – 79388 [FR DOC # 2013-31046] PDF | Text | More

Notices:

Information Collection Activities Pages 72972 – 72977 [FR DOC # 2013-29015] PDF | Text | More

New Jersey Regulations on Transportation of Regulated Medical Waste Pages 75672 – 75676 [FR DOC # 2013-29604] PDF | Text | More

Research and Development; Public Meeting Pages 78506 – 78506 [FR DOC # 2013-30707] PDF | Text | More

Research and Development; Public Meeting Pages 78506 – 78507 [FR DOC # 2013-30789] PDF | Text | More

Information Collection Activities Pages 79561 – 79563 [FR DOC # 2013-31162] PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Land Disposal Restrictions  Pages 74127 – 74128 [FR DOC # 2013-29449] PDF | Text | More

Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption-Class I Hazardous Waste Injection; Mosaic Fertilizer, LLC Uncle Sam, LA Pages 76294 – 76294 [FR DOC # 2013-29983] PDF | Text | More

Vermont: Proposed Authorization of State Hazardous Waste Management Program Revisions Pages 79654 – 79655 [FR DOC # 2013-31125] PDF | Text | More

Vermont: Final Authorization of State Hazardous Waste Management Program Revisions Pages 79615 – 79619 [FR DOC # 2013-31121] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it, 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 do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.

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) 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.

November 1 through November 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans Pages 69310 – 69310 [FR DOC # 2013-27733]  PDF | Text | More

Proposed Rules:

Hazardous Materials: Rail Petitions and Recommendations To Improve the Safety of Railroad Tank Car Transportation (RRR) Pages 66326 – 66327 [FR DOC # 2013-26402]        PDF | Text | More

Notices:

International Standards on the Transport of Dangerous Goods Pages 68501 – 68502 [FR DOC # 2013-27235] PDF | Text | More

Safety and Security Plans for Class 3 Hazardous Materials Transported by Rail Pages 69745 – 69746 [FR DOC # 2013-27785] PDF | Text | More

Paperless Hazard Communications Pilot Program Pages 70399 – 70410 [FR DOC # 2013-28168] PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

Civil Monetary Penalty Inflation Adjustment Rule Pages 66643 – 66648 [FR DOC # 2013-26648] PDF | Text | More

West Virginia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 70225 – 70231 [FR DOC # 2013-28151]    PDF | Text | More

Proposed Rules:

West Virginia: Final Authorization of State Hazardous Waste Management Program Revisions  Pages 70255 – 70255 [FR DOC # 2013-28150]    PDF | Text | More

Notices:

None

Information can be helpful but it’s useless if you are not able to make sense of it, 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 do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.

By this Order I find Heritage-Crystal Clean, LLC committed two (2) violations of the Hazardous Materials Regulations (HMR), 49 C.F.R. Parts 171-180. Accordingly, I assess Respondent a $4,680 civil penalty for the violations.

I. Summary
Respondent: Heritage-Crystal Clean, LLC
950 Northland Boulevard
Cincinnati, OH 45240
ATTN: Ms. Catherine McCord, Vice President
No. of Violations: 2
Total Payment Due: $4,680

II. Finding
This matter comes before me after Respondent and the Pipeline and Hazardous Materials Safety Administration (PHMSA) agreed to a disposition of this case. I find Respondent committed the violations described in the Compromise Agreement (Agreement), which I have attached hereto. I have reviewed the Agreement and I find that the terms as outlined therein are in the best interest of justice. The Agreement, in its entirety, is incorporated in and attached to this Order. All of the terms and conditions of the Agreement shall be given the full force and effect of an Order issued pursuant to the Federal hazardous materials transportation law, 49 U.S.C. § 5101, et seq., or the Hazardous Materials Regulations, 49 C.P.R. Parts 171- 180.

Read the Final Order

A situation like this reinforces a point I made in an earlier article, Do Big Companies Know the Regulations?  That is, that big companies, even those with names you recognize, frequently violate the Hazardous Material Regulations  of the USDOT/PHMSA through ignorance of the regulation.  So don’t rely on a “Big Company” when your compliance with the regulations are at stake.  Make certain you have the training and the knowledge necessary to ensure compliance with the regulations.  Please contact me with any questions.

By this Order, I find that D & M Propane (Respondent) committed two (2) violations of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $6,000 civil penalty.
On July 29, 2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $6,000 civil penalty for two (2) violations of the HMR. On August 27,2013, Respondent submitted a payment in the amount of $6,000. By paying the full amount ofthe civil penalty proposed in the Notice, Respondent admitted the violations as alleged in the Notice (49 CFR § 107 .315).
Therefore, I find that Respondent committed the violations as set forth in the Notice.
These violations shall constitute a prior violation under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.
By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts Respondent’s August 27,2013 payment in full satisfaction of the civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order

As both a Shipper and Carrier of a hazardous material, D & M Propane is subject to more of the HMR than a company that operates solely as one or the other.  My Onsite Training can be directed toward a Shipper or Carrier, or a company that does both.

By this Order, I find that Hennepin County Medical Center (Respondent) committed four (4) violations of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $8,795 civil penalty.
On September 10,2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $8,795 civil penalty for four (4) violations of the HMR. On September 24, 2013, Respondent submitted a payment in the amount of $8,975. By paying the full amount of the civil penalty proposed in the Notice, Respondent admitted the violations as alleged in the Notice (49 CFR § 107.315).
Therefore, I find Respondent committed the violations as set forth in the Notice.
These violations shall constitute a prior violation under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.   By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts Respondent’s September 24, 2013 payment in full satisfaction of the civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order.

Even minor violations of the HMR can result in significant civil penalties, as in this case.  A good defense against violations, enforcement actions, and civil penalties is training.  HazMat Employee Training.  MY HazMat Employee Training, to be precise.  Contact me with questions about the HMR or to schedule your Onsite HazMat Employee Training.

By this Order, I find that Flow Chem Technologies, LLC (Respondent) committed five (5) violations of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $7,775 civil penalty.
On July 16, 2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $7,775 civil penalty for five (5) violations of the HMR. On August 6, 20 13 Respondent submitted a payment in the amount of $7,775. By paying the full amount ofthe civil penalty proposed in the Notice, Respondent admitted the violations as alleged in the Notice (49 CFR § 107.315).
Therefore, I find Respondent committed the violations as set forth in the Notice. These violations shall constitute a prior violation under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.
By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts Respondent’s August 6, 2013 payment in full satisfaction of the civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order.

HazMat Employee Training can help to prevent violations of the HMR and penalties such as these at a fraction of the cost.  Contact me to schedule training for your HazMat Employees to ensure compliance with the Hazardous Material Regulations of the USDOT/PHMSA.

By this Order, I find that Interstate Chemical Company, Inc. (Respondent) committed one (1) violation of the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and I assess Respondent a $2,531 civil penalty.

On September 3, 2013, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $2,531 civil penalty for one (1) violation of the HMR. On September 27, 2013, Respondent submitted a payment in the amount of $2,531. By paying the full amount of the civil penalty proposed in the Notice, Respondent admitted the violation as alleged in the Notice (49 CFR § I 07.315).

Therefore, I find Respondent committed the violation as set forth in the Notice. This violation shall constitute a prior violation under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.

By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts Respondent’s September 27, 2013 payment in full satisfaction ofthe civil penalty proposed in the Notice and PHMSA shall close this case with prejudice.

Read the Final Order.

Though the violation of the HMR is not included in the final order, It is my opinion that proper HazMat Employee Training could have prevented this unfortunate incident.  Contact me with any questions you may have about the hazardous materials regulations of the PHMSA, including the requirement to provide triennial training for your HazMat Employees.

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) 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.

October 1 through October 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

Clarification on Fireworks Policy Regarding Approvals or Certifications for Firework Series Pages 60763 – 60766 [FR DOC # 2013-24082] PDF | Text | More

Clarification on Fireworks Policy Regarding Approvals or Certifications for Specialty Fireworks Devices Pages 60766 – 60766 [FR DOC # 2013-24092] PDF | Text | More

Hazardous Materials Regulations: Penalty Guidelines Pages 60726 – 60745 [FR DOC # 2013-23887] PDF | Text | More

Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR) Pages 60745 – 60755 [FR DOC # 2013-23873] PDF | Text | More

Hazardous Materials: Enhanced Enforcement Procedures-Resumption of Transportation Pages 60755 – 60763 [FR DOC # 2013-23894] PDF | Text | More

Hazardous Materials: Corrections and Response to Administrative Appeals (HM-215K, HM-215L, HM-218G and HM-219) Pages 65453 – 65488 [FR DOC # 2013-24714] PDF | Text | More

Proposed Rules:

None

Notices:

Information Collection Activities Pages 64049 – 64051 [FR DOC # 2013-25105] PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

Information can be helpful but it’s useless if you are not able to make sense of it, 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 do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.

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) 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.

September 1 through September 30, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

None

Proposed Rules:

Hazardous Materials: Rail Petitions and Recommendations To Improve the Safety of Railroad Tank Car Transportation (RRR) Pages 54849 – 54861 [FR DOC # 2013-21621]         PDF | Text | More

Hazardous Materials: Failure To Pay Civil Penalties Pages 58501 – 58507 [FR DOC # 2013-22952]                PDF | Text | More

Notices:

Safety Advisory: Unauthorized Marking of Compressed Gas Cylinders Pages 58604 – 58604 [FR DOC # 2013-23104]                PDF | Text | More

Safety Advisory: Unauthorized Filling of Compressed Gas Cylinders Pages 58604 – 58605 [FR DOC # 2013-23080]                PDF | Text | More

Notice of Application for Special Permits Pages 59420 – 59422 [FR DOC # 2013-23461]       PDF | Text | More

Notice of Applications for Modification of Special Permit Pages 59422 – 59422 [FR DOC # 2013-23460]       PDF | Text | More

Delayed Applications Pages 59422 – 59423 [FR DOC # 2013-23458]           PDF | Text | More

Special Permit Applications Pages 59423 – 59424 [FR DOC # 2013-23459]               PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

Virginia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 54178 – 54182 [FR DOC # 2013-21378]        PDF | Text | More

Louisiana: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program Pages 58890 – 58897 [FR DOC # 2013-22972]            PDF | Text | More

Proposed Rules:

Virginia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 54200 – 54201 [FR DOC # 2013-21371]        PDF | Text | More

Louisiana: Final Authorization of State-initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program Pages 58988 – 58988 [FR DOC # 2013-22969]         PDF | Text | More

Notices:

None

Information can be helpful but it’s useless if you are not able to make sense of it, 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 do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.