The Hazardous Material Regulations (HMR) of the PHMSA/USDOT require the use of the four (4) hazard communication methods whenever a hazardous material is transported in commerce.   Its purpose:  to communicate the potential hazards of a material to anyone who may come into contact with it while it’s in transportation.  It does this by utilizing a variety of symbols, numbers, colors, and text.  This article will take a closer look at each of the Four Hazard Communication Methods:

• Shipping papers
• Placards
• HazMat labels
• Markings

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In the Hazardous Material Regulations (HMR) at 49 CFR 173.29(a) you learn that as far as the PHMSA/USDOT is concerned, the transportation in commerce of an “empty” packaging that still contains the residue of a hazardous material is subject to the same regulations as when it was full.

Except as otherwise provided in this section, an empty packaging containing only the residue of a hazardous material shall be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material.

The regulation also identifies an exception to full regulation under the HMR for “empty” packagings with hazardous material residue and identifies the standards to be met in order for a packaging to be considered free of any hazard and therefore not subject to any of 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) of the US DOT on the subject of Transportation of Hazardous Materials. (more…)

The transportation of a hazardous material (HazMat) is subject to the Hazardous Material Regulations (HMR) of the PHMSA/USDOT.  This includes but is not limited to the following:

• Classification of the HazMat.
• Selection and use of specification packaging.
• Application of the four hazard communication methods.
• HazMat Incident Reporting.
• Load securement and segregation.
• Registration as a shipper or carrier of HazMat.
• Training of HazMat Employees.

However, exceptions to the HMR exist; their purpose is to allow the safe transportation in commerce of certain hazardous materials without the full regulatory burden.  These exceptions, however, come with requirements of their own which you must be aware of if you are to make use of them.  One of these exceptions to the HMR, the Small Quantity Exception, will be explained in this article.

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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. (more…)

Unless excepted by regulation, the transportation of a hazardous material in commerce will require the use of a shipping paper.  (Read my article:  What is a Shipping Paper?)    49 CFR 172, Subpart C contains the requirements of the Pipeline and Hazardous Materials Safety Administration (PHMSA) for a shipping paper accompanying a HazMat Shipment.  However, the shipment of a HazMat may be subject to the regulations of more than just the PHMSA.  If that is the case, then your shipping paper must be completed in a way that ensures compliance with all applicable regulations.  The purpose of this article is to describe the requirements of the Federal Motor Carrier Safety Administration (FMCSA) for including information on a Bill of Lading. (more…)

The Hazardous Material Regulations (HMR) of the PHMSA/USDOT require the reporting of certain types of incidents that occur during the transportation of hazardous materials (HazMat).  As a shipper or carrier of a HazMat you must be aware of the regulatory requirements and your responsibility for reporting a Hazardous Material Incident.  This article will identify who is responsible for the reporting of a Hazardous Material Incident pursuant to the HMR.

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Just like Nigel Tufnel’s amp that went up to 11, the new DOT Chart 15 is one more than the DOT Chart 14 it just replaced, making it TWO more than the DOT Chart 13.  Whatever the number the DOT Chart 15 is the latest version of a guidance document created by the PHMSA of the USDOT.  It contains a wealth of information – both text and images – of three of the four hazard communication methods (Markings, HazMat Labels, & Placards; only Shipping Papers are missing) and is invaluable to anyone involved in the transportation of hazardous materials:  shippers, carriers, receivers, HazMat Employers, HazMat Employees, training providers, etc.  Given the amount of helpful information it contains regarding the hazardous material regulations (HMR) it is hard to believe that it is only four pages.  The purpose of this article is to briefly explain the content in a DOT Chart 15 to the uninitiated and to provide direction to where you may obtain copies of it for yourself. (more…)

QC Laboratories Inc. located in Orlando, FL has been assessed a fine of $7,950 for seven (7) violations of the hazardous material regulations of the USDOT/PHMSA.

Background

On May 25, 2011, investigators from PHMSA’s Office of Hazardous
Materials Safety Field Operations (OHMSFO) conducted a compliance inspection at
Respondent’s facility, in Orlando, Florida, pursuant to 49 U.S.C. § 5121 and 49 C.F.R.
§ 107.305. PHMSA’s investigator reported eight (8) alleged violations of the HMR. On
or about May 23, 2011, after the conclusion of the compliance inspection, PHMSA’s
Investigator contacted and interviewed the Respondent, and then conducted an “exit
briefing” during which the investigator discussed the alleged violations and the required
corrective actions with Respondent’s representative.

Based on a preliminary assessment of the apparent nature, circumstances,
extent, and gravity of the probable as set forth in the inspector’s report, on
January 18, 2012, an attorney from PHMSA’s Hazardous Materials Safety issued a
Notice of Probable Violation (NOPV) alleging seven violations of the HMR and
proposing a $9,550 civil penalty.

Reply to Notice:

On February 16, 2012, the Respondent submitted a timely reply Notice.

Corrective Action:

In letters dated June 20, 2012, February 16, 2012, March 27,2012, September 18, 2012, and December 12,2012, Respondent submitted evidence of corrective actions it had taken in response to the exit briefing. The following
is a summary of all of Respondent’s documented corrective actions.
1. Respondent has registered as a party to the USNRC packaging approval.
2. Respondent has acquired a certificate of approval for the Type B package related to violation number 2.
3. Respondent has added a risk assessment for its security plan.
4. Respondent has provided in-depth security training to all employees.
5. Respondent is now using the correct USNRC package ID on its shipping papers and has identified monitoring times for all emergency response numbers.
6. Respondent is now listing correct activity and transport index on Yellow II labels.

HMR Violations:

• Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, while failing to register with the United States Nuclear Regulatory Commission (USNRC) as a party to the packaging approval in violation of 49 C.F.R. §§ 171.2(a, b, f, i)-and 173.471(a).
• Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, Special Form, while failing to maintain a complete safety analysis or certificate of competent authority in violation of 49 C.F.R. §.§ 171.2(a, b, e, f and 173.476(a).
• Offering and transporting in commerce a known radionuclide listed by the USNRC as a quantity of concern while failing to develop a security plan with a written risk assessment in violation of 49 C.F.R. §§ 171.2(a, b, e, f), 172.800(b)(5), and 172.802(b, c).
• Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive material, Type B(U) Package, 7, while failing to provide in·depth security training to hazmat employees in violation of 49 C.F.R. §§ 171.2(b), 172.702(a), and 172.704(a)(5).
• Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive material, Type B(U) Package, 7, while failing to list the correct USNRC package identification number on the shipping paper in violation of 49 C.F.R. §§ 171.2(a, b, e, f) and 172.203(d)(l).
• Offering and transporting in commerce a hazardous material in a type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, while listing multiple emergency response telephone numbers on a shipping paper, that are not monitored 24 hours a day, without specifying times for each in violation of 49 C.P.R. §§ 171.2(a. b e) and 172.604(a)(2).
• Offering and transporting in commerce a hazardous material in a Type B(U) package, RQ, UN2916, Radioactive Material, Type B(U) Package, 7, Special Form, Ir-192 777TBg, (21Ci) Transport Index 0.3, while failing to enter the correct activity and transport index on the Radioactive Yellow II labels in violation of 49 C.F.R. §§ 171.2(a. b, e, f) and 172.403(a)(2 3).

Read the full Compromise Order here.

No matter what hazardous materials you offer for transportation:  Radioactive, Explosive, Flammable and Combustible Liquids, or Miscellaneous; as a shipper of a HazMat you must comply with all the regulations of the USDOT/PHMSA known as the HMR.