COVID-19

US Department of Transportation Issues National Emergency Declaration for Commercial Vehicles Delivering Relief in Response to the Coronavirus Outbreak (Extension and Expansion of 04.08.20)

The Bullet:

On March 13, 2020, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued a national emergency declaration to provide hours-of-service regulatory relief to commercial vehicle drivers transporting emergency relief in response to the nationwide coronavirus (COVID-19) outbreak.  This declaration was expanded on March 18, 2020 and again expanded and extended on April 08, 2020.

Read the 04.08.20 press release

Note:

The situation is changing rapidly.  Please stay up-to-date on this topic by going directly to the FMCSA website.
Who:
  • The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued the relief.  The FMCSA was established as a separate administration within the U.S. Department of Transportation (DOT) on January 1, 2000.
    • Press Contact:
      • FMCSA Office of Public Affairs/1200 New Jersey Avenue, SE/Washington, DC 20590
      • Email: FMCSA.PublicAffairs@dot.gov
      • Phone: 202-366-9999
  • Relief is applicable to commercial motor vehicle operations providing direct assistance supporting emergency relief efforts intended to meet immediate needs of the current COVID-19 public health emergency.
  • Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.

Note:

Centers for Disease Control and Prevention (CDC) recommends consumers use an alcohol-based hand sanitizer that contains at least 60% ethanol or 70% isopropanol.
What:
  • Motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks are granted emergency relief from Parts 390 through 399 of the FMCSRs, except as restricted herein.
  • Covered activities include transportation to meet immediate needs for:
    1. Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
    2. Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants.
    3. Food, paper products and other groceries for emergency restocking of distribution centers or stores.
    4. Immediate precursor raw materials — such as paper, plastic or alcohol — that are required and to be used for the manufacture of items in categories (1), (2), or (3).
    5. Fuel
    6. Liquefied gases to be used in refrigeration or cooling systems.
    7. Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19.
    8. Persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes.
    9. Persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.
  • Once delivery is complete, the driver must receive a minimum of off duty hours as applicable:
    • Ten (10) hours off duty if transporting property.
    • Eight (8) hours if transporting passengers.
  • Direct assistance does not include:
    • Routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the emergency declaration.
  • Direct assistance terminates in either of the following circumstances:
    • A driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks.
    • The motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce.
  • Motor carriers and drivers providing direct assistance to the Nationwide emergency are not granted emergency relief from, and must continue to comply with, the following Federal Motor Carrier Safety Regulations and conditions:
    • 49 CFR § 392.2 related to the operation of a commercial motor vehicle in accordance with State laws and regulations, including compliance with applicable speed limits and other traffic restrictions.
    • 49 CFR § 392.3 related to operation of a commercial motor vehicle while a driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the motor vehicle.
    • Motor carriers shall not require or allow fatigued drivers to operate a commercial motor vehicle. A driver who informs a carrier that he/she needs immediate rest shall be given at least ten consecutive hours before the driver is required to return to service.
    • A motor carrier whose driver is involved in a crash while operating under this emergency declaration must report any recordable crash within 24 hours, by phone or in writing, to the FMCSA Division Office where the motor carrier is domiciled. The carrier must report the date, time, location, driver, vehicle identification, and brief description of the crash.
    • Nothing in this Emergency Declaration shall be construed as an exemption from any of the following:
      • Controlled substance and alcohol uses and testing requirement (49 CFR Part 382).
      • The commercial driver’s license requirements (49 CFR Part 383).
      • The financial responsibility (insurance) requirements (49 CFR Part 387).
      • The hazardous material regulations (49 CFR Parts 100-180).
      • Applicable size and weight requirements.
      • Any other portion of the regulations not specifically exempted under 49 CFR § 390.23.
    • Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA in writing.

Daniels Training Services, Inc.

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Where:
  • Applicable to the fifty United States of America and the District of Columbia.
Why:
  • This declaration will help America’s commercial drivers get these critical goods to impacted areas faster and more efficiently.
How:
  • The primary mission of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce crashes, injuries and fatalities involving large trucks and buses.
When:
  • Original published 03.13.20.
  • Expanded and published 03.18.20
  • The extension and expansion of Emergency Declaration No. 2020-002 is effective immediately and shall remain in effect until 11:59 P.M. (ET), May 15, 2020, or until the revocation of the Presidentially declared COVID-19 national emergency, whichever is sooner.
Conclusion:

This relief is one of many issued by FMCSA and other regulatory agencies to end the current public health emergency due to COVID-19.  If you are a driver of a CMV, please be safe.

Read FMCSA’s national emergency declaration

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
Didja’ know?
  • This declaration is the first time FMCSA has issued nation-wide relief and follows President Trump issuing of a national emergency declaration in response to the virus.

 

EPA Corrects the Record after Reckless Reporting on Temporary Compliance Guidance

EPA Corrects the Record after Reckless Reporting on Temporary Compliance Guidance

The Bullet:

On March 26, EPA released a temporary policy regarding the agency’s enforcement of environmental legal obligations during the COVID-19 pandemic. Despite some media accounts, this temporary policy is not a license to pollute.  This press release is an attempt to clarify the purpose and practical application of this temporary policy.

Read the press release

Who:
  • U.S. Environmental Protection Agency (EPA), Washington D.C. / CONTACT: press@epa.gov
  • E&E News
  • The Hill
  • The AP
  • The New York Times

Daniels Training Services, Inc.

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What:

USEPA believes some elements of the media have published reckless propaganda regarding the agency’s recent Temporary Policy. USEPA stated, “Instead of including factual information about the policy, outlets such as E&E News, The Hill , the AP, and  the New York Times are relying on sources who falsely claim that the policy provides a blanket waiver of environmental requirements or creates a presumption that the pandemic is the cause of noncompliance.”

Hazardous waste container in poor condition

This is not OK under USEPA’s temporary policy

Here are some of the facts about the temporary policy:

  • The policy says that EPA will not seek penalties for noncompliance with routine monitoring and reporting requirements, if, on a case-by-case basis, EPA agrees that such noncompliance was caused by the COVID-19 pandemic. Regulated parties must document the basis for any claim that the pandemic prevented them from conducting that routine monitoring and reporting and present it to EPA upon request. This action was necessary to avoid tying up EPA staff time with questions about routine monitoring and reporting requirements and instead allow EPA to focus on continued protection of human health and the environment.
  • The policy does not say that the COVID-19 pandemic will excuse exceedances of pollutant limitations in permits, regulations, and statutes. EPA expects regulated entities to comply with all obligations and if they do not, the policy says that EPA will consider the pandemic, on a case-by-case basis, when determining an appropriate response. Further, in cases that may involve acute risks or imminent threats, or failure of pollution control or other equipment that may result in exceedances, EPA’s willingness to provide even that consideration is conditioned on the facility contacting the appropriate EPA region, or authorized state or tribe, to allow regulators to work with that facility to mitigate or eliminate such risks or threats.
Where:

Within the United States

When:

Press release dated 03.30.20

Open Hazardous Waste container

Hazardous waste containers must remain closed

Why:
  • EPA has been inundated with questions from both state regulators and the regulated community about how to handle the current extraordinary situation where contractors are not available because they cannot travel, state and local governments are imposing stay at home orders, and the number of people who have contracted COVID-19 and are in quarantine is rising.
  • EPA developed the Temporary Policy to allow EPA to prioritize its resources to respond to acute risks and imminent threats, rather than making up front case-by-case determinations regarding routine monitoring and reporting.
How:

The development of the policy was a group effort, involving multiple calls and with drafts shared among EPA staff and managers, both career and political, at both headquarters and in the regions.

Daniels Training Services, Inc.

815.821.1550

                    Info@DanielsTraining.com

https://www.danielstraining.com/
Conclusion:
  • It is important to note EPA expects regulated facilities to comply with regulatory requirements, where reasonably practicable, and to return to compliance as quickly as possible, once the COVID-19 threat is over.
  • Additionally, the policy makes clear that EPA expects operators of public water systems to continue normal operations and maintenance during this time, as well as required sampling, to ensure the safety of vital drinking water supplies.
  • The measures in this policy are temporary and will be lifted as soon as normal operations can resume, which may occur sooner in some locations than others.
U.S. EPA Acts to Protect the Public from Unregistered “Virus Shut Out” Product Imported into Honolulu and Guam

U.S. EPA Acts to Protect the Public from Unregistered “Virus Shut Out” Product Imported into Honolulu and Guam

The Bullet:

The U.S. Environmental Protection Agency (EPA) announced it has prevented several shipments of an illegal health product from entering U.S. Pacific ports under federal pesticide laws.

View the News Release

Who:
  • U.S. Environmental Protection Agency (EPA), Region 09
  • U.S. Customs and Border Protection (CBP)
What:
  • Virus Shut Out, is not registered with the EPA. Therefore, its safety and efficacy against viruses have not been evaluated.
  • Its labeling – including directions for use – is not provided in the English language as required by law.
  • On-line advertising materials contain misleading claims about its safety and effectiveness.  Like this: https://toamit.shop/Japan-Virus-Shut-Out?gclid=EAIaIQobChMI0Ourw4DD6AIVF6SzCh0-zgz9EAAYASAAEgKMC_D_BwE
Where:
  • The unregistered product is being imported from Japan and Hong Kong through U.S. ports in Honolulu and Guam.
When:
  • News release dated 03.25.20.
Why:
  • Unsubstantiated claims to protect against viruses threaten public health.
  • Public health claims can only be made regarding products that have been properly tested and are registered with the EPA.
  • The agency will not register a pesticide until it has been determined that it will not pose an unreasonable risk when used according to the label directions.
  • Products not registered by EPA can be harmful to human health, cause adverse effects, and may not be effective against the spread of germs.
  • “It is critical that people only use EPA-registered disinfectants and follow label directions for proper use,” said EPA Pacific Southwest Regional Administrator John Busterud. “EPA will not tolerate companies selling illegal disinfectants and making false or misleading public health claims during this pandemic crisis.”
How:
  • Under the Federal Insecticide, Fungicide and Rodenticide Act, products that claim to kill or repel bacteria or germs are considered pesticides and must be registered with the EPA prior to distribution or sale.

Daniels Training Services, Inc.

815.821.1550

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Conclusion:
  • EPA and CBP will continue monitoring for products with illegal pesticidal claims. In addition, EPA has reached out to Amazon to remove the product from their online marketplace. Amazon has taken this step.
  • EPA has released an expanded list of EPA-registered disinfectant products that have qualified for use against SARS-CoV-2, the novel coronavirus that causes COVID-19. The list contains nearly 300 additional products—including products that went through the expedited review process for emerging viral pathogens.
  • To view the most up-to-date list of EPA-registered disinfectant products, visit https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2
  • For more information on EPA resources on the coronavirus disease (COVID-19): https://www.epa.gov/coronavirusFor more information on pesticides, please visit: http://www.epa.gov/pesticides

"Virus Shut Out" Package - FrontPackaging showing the front and back of the Virus Shut Out product."Virus Shut Out" Package - Back

 

FAQs: What is webinar training?

If the applicable regulations mandate you provide training for you and/or your personnel you may wish to consider a web-based training format (webinar training) to deliver that training. Below are some frequently asked questions about my webinar training.

  1. Is your webinar training just a pre-recorded message?
    • No.  Webinar training is delivered live.  You will be able to see the training presentation and hear the trainer’s (me!) voice in real time.
  2. Will the training content be specific to my operations and what my employees need to know?
    • Yes.  Webinar training can be tailored to your needs to include just the content you require.  For example, if you do not ship HazMat by rail, webinar training won’t address the regulations of 49 CFR 174 – Carriage by rail.
      rail car of HazMat

      Do you offer for transport a HazMat by rail?

  3. What if I or one of my personnel have a question during the webinar training?
    • Trainees may ask questions and have them answered during the webinar training.  Trainees may type a question directly to me or simply speak up.  I can pause training, go back over critical information, clarify content, and even provide additional information that is not part of the training presentation.  I also provide unlimited time at the conclusion of the webinar training for questions.
  4. Due to concerns about COVID-19, I am unable to gather personnel in one location.
    • No problem.  My webinar training platform (GotoMeeting) allows for up to 25 separate log-ins.  Trainees can attend the webinar training from home or private office.
  5. Due to concerns about COVID-19, most personnel are working from home.
    • No problem.  Trainees can attend the webinar training from any location with an internet connection and a telephone.  Up to 25 separate log-ins are allowed for each webinar training.

    • Interested in a Webinar?

      My Webinar Training Schedule
  6. We have a widely-dispersed work-force with locations throughout the U.S.
    • No problem.  Trainees can attend the webinar training from anywhere in the U.S. (anywhere in the world, really).  Any place that has an internet connection and phone service can be a full participant in my webinar training.
      Webinar training from home office

      Attend the webinar training from home

  7. If personnel attend the webinar training from home or private office, how do I ensure they are present and attentive throughout?
    • Attendance and attentiveness are a challenge for any training format.  My webinar training has several ways to ensure trainees actually get something of value from the time spent.  This includes:
      • I provide recordkeeping documents for trainees to complete and provide to the responsible person (i.e., training coordinator).
      • Trainees must log-in to the webinar and display their name.
      • The webinar platform (GotoMeeting) allows for video conferencing so each trainee can be seen.  (This is an option).
      • Training will include a test at the conclusion.
      • Training may include a series of questions throughout the presentation to require trainees to engage in and interact with the content.  Trainee answers to the questions are submitted to the responsible person.
  8. How many personnel can attend webinar training?
    • There is no limit on the number of trainees.  Cost (see below) is a flat fee and is not affected by the number of trainees.
  9. When can I schedule webinar training?
    • Any time day or night is OK for webinar training.  Webinar training may be scheduled on a Saturday, but not a Sunday.  Additional fees may apply to training held outside of normal business hours.

    • Interested in a Webinar?

      My Webinar Training Schedule
  10. What if some of my personnel miss the scheduled date and time of the webinar training?
    • I can create a recording of the webinar training and make it available for a fee.  This recording can be viewed as a movie by personnel at any time.
  11. May I speak directly to my personnel during the webinar?
    • Yes.  I am able to ‘share the mic’ with you at any point during the webinar training if you wish to speak directly to trainees.
  12. What if I have questions after the webinar training has concluded?  Perhaps days, weeks, or months later?
    • No problem.  Feel free to contact me any time with questions.
  13. What if I require specialized training such as for lithium batteries, loading or unloading cargo tanks, filling IBCs, &etc.?package of lithium ion battery
    • Once you decide on site-specific webinar training I will send you a Questionnaire I have developed to gather information about your operations.  I will then create a site-specific training presentation.  Specialized training is part of the webinar training I provide.
  14. What does your webinar training cost?
    • That depends on the content (see below) and delivery options (see belower).  Below are cost guidelines for site-specific training delivered at a date and time of your convenience:
      • Four (4) hours: $999.
      • Six (6) hours: $1,249.
      • Eight (8) hours: $1,749
      • Twelve (12) hours: $1,999
      • Sixteen (16) hours: $2,499
    • Costs are lower for webinars that do not provide site-specific content, i.e., Public Webinar or Scheduled Webinar (see below).
    • All webinar training costs are a flat fee.  There are no additional costs for printing, travel, number of log-ins (up to 25), or number of trainees (unlimited).
  15. What if copies of the applicable regulations are necessary for the webinar training?
    • If copies of the regulations are necessary they can be purchased by the customer (I can provide purchase options) or I can provide copies to use during the webinar training for a fee.

    • Interested in a Webinar?

      My Webinar Training Schedule
  16. What training content does Daniels Training Services offer?
  17.  What are my options for webinar training?
    • Public Webinar – These are regularly scheduled (1/month) webinars that meet the training requirements for either HazMat Employees or  Hazardous Waste Personnel.  As they are open to all they are general in content and not site specific.  This is a good option for those wishing to fulfill the training requirements for themselves and/or a small number of employees at the least expense.  My Public Webinar Training Schedule.
    • Site-Specific Webinar – This webinar is scheduled at your convenience.  I will work with you to ensure the training addresses the Federal and State regulations that impact your operations.  There is no limit to the number of trainees who participate, you may even include off-site locations.  This training option is the best way to receive site-specific training with the least expense and disruption to your operations.
    • Scheduled Webinar – This webinar combines the best features of the Public Webinar and the Site-Specific Webinar.  If you are satisfied with the content of a Public Webinar but have many people to train and/or a schedule conflict, you may wish to consider a Scheduled Webinar.  This training helps you to meet the regulatory requirements for all of your employees at a time and date of your convenience.  There is no limit to the number of trainees or off-site locations you may include.
  18. What if I have other questions?

Wisconsin DNR Extends Deadline for 2019 Annual Hazardous Waste Report

In response to COVID-19, the Wisconsin DNR is aware that facilities may need additional time to complete and submit their annual reports.

The 2019 hazardous waste annual report was due March 1, 2020, per ss. NR 662.041(1) Wis. Adm. Code. While this regulatory requirement does not specifically allow for extensions to this deadline, it is understood that between the delayed launch of the report and current workforce limitations due to COVID-19, facilities may need additional time to complete the report. We do encourage generators to complete and submit the report as soon as possible, to allow for the department to submit the required reporting data to the U.S. EPA in a timely fashion.

Daniels Training Services, Inc.

815.821.1550

                    Info@DanielsTraining.com

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A large quantity generator of hazardous waste (LQG) must provide intial training for all hazardous waste personnel with an annual review of the inital training.  I can provide this training.  If Onsite Training is not possible right now, how about a webinar?  Advantages to web-based training:

  • Same content as my Onsite Training.
  • Webinar is live, interactive, and – with your assistance – can be made site-specific.
  • I provide all the necessary documents for training, testing, and recordkeeping.  All documents emailed to you prior to the webinar.
  • Low cost and easy to schedule.
  • Up to 25 separate log-ins (no need to gather trainees in one place). Unlimited number of trainees.

Wisconsin DNR Offers Haz Waste Generators 30 Day Extension to On-Site Accumulation Time Limits due to COVID-19

In response to COVID-19, the Wisconsin Department of Natural Resources has developed an online method for requesting an extension to generator accumulation time limits.

Wisconsin’s hazardous waste regulations allow both large quantity generators (LQG) and small quantity generators (SQG) to request an accumulation (storage) time limit extension in the event of unforeseen, temporary or uncontrollable circumstances that prevent shipment of hazardous waste off-site within the 90-day time frame (LQGs) and or 180-day time frame (SQGs). An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis pursuant to s. NR 662.034(3) and NR 662.192(3), Wis. Adm. Code.

A request for an extension must be made prior to the expiration of the required time limit. Potential reasons for requesting an extension must be identified to submit a request (i.e., transporter unable to meet schedule shipping date, or scheduled facility unable to accept wastes due to facility backlog or closure). To request an extension, follow the link below to submit your information to the DNR electronically. You can also contact a regional hazardous waste specialist, or Hazardous Waste Program Coordinator Mike Ellenbecker, to submit a request directly to program staff.

2020 Hazardous Waste Storage Facility Accumulation Time Extension Request

If a 30-day extension request is granted but the hazardous waste shipment the extension was requested for cannot occur within the extended period, contact Hazardous Waste Program Coordinator Mike Ellenbecker to discuss the regulatory requirements.

Annual Hazardous Waste Personnel training for large quantity generators of hazardous waste must still be completed. Contact me to schedule a webinar during the shelter-in-place.

Daniels Training Services, Inc.

815.821.1550

                    Info@DanielsTraining.com

https://www.danielstraining.com/