Handlers of hazardous waste have expressed to USEPA their concern with the customer interaction required to obtain the generator’s signature on the uniform hazardous waste manifest and requested that transporters be allowed to sign the name of the generator on the Manifest to maintain social distancing during the COVID-19 public health emergency. USEPA responded to this concern May 18, 2020 with a memorandum explaining a temporary policy to allow for transporter signature for the generator on the Manifest. This temporary policy was set to expire on August 31, 2020. However, on August 20, 2020 USEPA released another memorandum updating and revising this policy in light of some states experiencing an increase in COVID-19 cases following efforts to reopen.

The purpose of this article is to explain USEPA’s new temporary policy for obtaining the necessary signatures on the uniform hazardous waste manifest during the COVID-19 public health emergency as it was updated and revised by the USEPA memorandum of August 20, 2020.

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Because of the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency, there is a growing need for transportation of COVID-19 diagnostic samples (e.g., nasal swabs, vials of sputum, and other related items) from the points of sample collection to the labs for analysis. It is the responsibility of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) to ensure the safe transportation of all hazardous materials (HazMat) to, from, or through the U.S. The purpose of this article is to identify and explain the two available methods for the transportation of COVID-19 diagnostic samples.

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Sooner or later most generators of hazardous waste must prepare that waste, and offer it, for transportation to an off-site treatment, storage, and disposal facility (TSDF) for final disposal. The off-site transportation of the hazardous waste must be done in compliance with Federal regulations of the U.S. Environmental Protection Agency (USEPA), a state environmental agency if the state has an authorized hazardous waste program, and the Federal regulations of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA). At a minimum this will require the completion of the Uniform Hazardous Waste Manifest (the Manifest), which must be completed by the generator of the hazardous waste, and signed by both the generator / offeror of the hazardous waste and the initial transporter before it can begin transportation to the designated facility.

Handlers of hazardous waste have expressed concern with customer interaction to obtain the generator’s signature on the Manifest and have requested that transporters be allowed to sign the name of the generator on the Manifest to maintain social distancing during the COVID-19 public health emergency. USEPA responded to this concern with a memorandum issued May 18, 2020 explaining a temporary policy.

The purpose of this article is to explain USEPA’s temporary policy of May 18, 2020 for obtaining the necessary signatures on the Uniform Hazardous Waste Manifest during the COVID-19 public health emergency.

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The Bullet:

Due to the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency, USDOT/PHMSA and USDOT/FMCSA will not take enforcement action against any person operating a CTMV or portable tank that is not more than 90 days beyond its testing or inspection date.

Read the notice

Who:

• The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
• The Federal Motor Carrier Safety Administration within the U.S. Department of Transportation (USDOT/FMCSA).
• Department of Health and Human Services (HHS).

What:

Cargo tank motor vehicles (CTMVs) and portable tanks are subject to the following requirements for periodic testing and inspection:

• Per 49 CFR 180.407(a)(1) a CTMV may not be filled with a HazMat and offered for transportation if it has exceeded its periodic test or inspection due date as indicated in §180.407(c).
• Per §180.605(a) a portable tank may not be returned for transportation if it has exceeded its periodic test or inspection due date as indicated in §180.605(c).

The enforcement discretion applies only to the following:

• CTMVs and portable tanks transporting HazMat along Alaska’s state highways.
• CTMVs / portable tanks are no more than 90 days beyond required periodic testing or inspection dates.

USDOT/PHMSA  and USDOT/FMCSA will not take enforcement action against any person operating a CTMV or portable tank that is not more than 90 days beyond its testing or inspection date, as required by 49 CFR §§ 180.407(a)(1) and (c), or 180.605(a) and (c).

To qualify for this enforcement discretion a motor carrier must complete the following:

• CTMVs and portable tanks are not more than 90 days beyond the required periodic testing or inspection date.
• Comply with the HMR to the maximum extent practicable.
• Document why COVID-19 travel restrictions make compliance with the periodic testing and inspection regulations impracticable prior to operating CTMVs or portable tanks.
• Make such documentation available for inspection by USDOT/FMCSA or USDOT/PHMSA.

Where:

• This relief applies only to CTMVs and portable tanks transported by highway within the State of Alaska.
• Shipments by other modes of transportation and in other states and territories of the U.S. must meet all requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) unless relief has been provided elsewhere.

When:

• Date of issuance: May 08, 2020.
• This Notice of Enforcement Discretion is effective as long as the public health emergency due to COVID-19 declared by HHS is in effect, or 90 days from its date of issuance (August 08, 2020).
• UPDATE: July 09, 2020 USDOT/PHMSA announced an extension of this enforcement discretion until October 31, 2020. Read: Notice of Extension of Relief of Requirements for Periodic Tests and Inspections of Cargo tanks and Portable Tanks =within the State of Alaska

Why:

USDOT/PHMSA acknowledges the following:

• The ongoing COVID-19 public health emergency has created travel restrictions throughout the U.S.
• Travel restrictions within the state of Alaska and between Alaska and the contiguous 48 states have reduced the number of available inspectors.

How:

USDOT/PHMSA plays a leading role in the safe transportation of hazardous materials by all modes: highway, rail, air, & vessel. This includes the testing and inspection requirements for CMTVs and portable tanks.

Conclusion:

Yet another example of a regulatory agency providing relief from compliance with full regulations when necessary but in a very limited scope. Make certain your operations comply with all other requirements of the HMR – and the Federal Motor Carriers Safety Regulations (FMCSR) – if you are a motor carrier or a person operating a CTMV or transporting a portable tank. Contact me if you require HazMat Employee Training required by USDOT/PHMSA and Driver Training.

The COVID-19 public health emergency within the U.S. has created an unprecedented challenge for EHS professionals. One challenge: what to do with the waste generated during the testing for the coronavirus and the treatment of those with COVID-19? An earlier article (FAQ: Are wastes associated with COVID-19 a hazardous waste?) explained the status of this waste under Federal regulations of the USEPA and state regulations – primarily for its on-site management.

This article will address the regulatory requirements of the U.S. Environmental Protection Agency (USEPA), state environmental regulatory agencies, and the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) for the off-site transportation of waste contaminated – or potentially contaminated – with SARS-CoV-2 (the virus that causes COVID-19). (more…)