In a series of publications the U.S. Department of Transportation (USDOT) seeks to inform the public of its different responsibilities managed under its various bureaus and administrations.  This article refers to a particular issue of that series focusing solely on the Pipeline and Hazardous Materials Safety Administration (PHMSA).

Before we begin…

Created under the Norman Y. Mineta Research and Special Programs Improvement Act (P.L. 108-426) of 2004, PHMSA develops and enforces regulations for the safe, reliable, and environmentally sound operation of the nation’s 2.6 million-mile pipeline transportation system, and the nearly 1 million daily shipments of hazardous materials (HAZMAT) that travel by land, sea and air within the United States.

1. Safety is the priority.
   Everything PHMSA does ultimately serves the purpose of promoting and improving safety; safety is why PHMSA exists.
2. Regulations are important in ensuring safety.
   To minimize threats to life, property or the environment due to hazardous materials-related incidents, PHMSA develops regulations and standards for the classifying, handling and packaging of all hazardous materials (HAZMAT) shipments within the U.S., and the transportation of critical energy sources via our nation’s pipeline infrastructure. Click here to read more about HAZMAT and pipeline regulations.
3. PHMSA monitors what’s happening with pipelines.
   The administration provides raw data, yearly summaries, multi-year trends of safety performance metrics, and inventories tracking the removal of aging pipeline infrastructure. Click here for data and statistics on all pipelines under PHMSA’s jurisdiction.
4. PHMSA Monitors what’s happening with hazardous materials transportation.
   The administration tracks and provides statistical information on all incitements related to the transportation of HAZMAT within the U.S. Click here for data and statistics on HAZMAT transportation incidents within the U.S.

   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://dev.danielstraining.com/

5. PHMSA works with first responders.
   PHMSA’s works closely with the emergency response communities to ensure they’re fully primed to deal with any type of HAZMAT or pipeline incident. One way it does so is producing critical training and reference materials. Click here to access one example of this, the Emergency Response Guidebook.
6. PHMSA promotes and supports research.
   The agency sponsors projects focused on providing near-term solutions that will improve pipeline and HAZMAT safety. Click here for more information on research and development.
7. PHMSA partners with states.
   The Office of Hazardous Materials Safety and the Office of Pipeline Safety each award about 70 grants every year to state agencies and Native American tribes through various grant programs.Click here to learn more about hazardous materials safety grants.  Click here to learn more about pipeline safety grants.
8. PHMSA has a regional presence.
   Hazardous materials and pipeline offices are located in five regions to better serve the public. Click here to find PHMSA regional offices.
9. PHMSA trains those who protect the public.
   The agency provides pipeline inspectors with the nation’s only specialized training for understanding and applying federal pipeline safety regulations and standards.The activities at the PHMSA Training Center, located in Oklahoma City, include in-depth classroom training and expanded outdoor/ lab areas to provide inspectors with hands-on opportunities to experience actual field scenarios.
10. PHMSA can help members of the public find pipelines in their communities.
    The National Pipeline Mapping System’s (NPMS) Public Map Viewerincludes interactive maps showing the locations of hazardous liquid and gas transmission pipelines, and Liquefied Natural Gas (LNG) plants nationwide. Interested individuals also can access information about related pipeline incidents going back to 2002.

Did you learn something?  Not mentioned here is the requirement for HazMat Employers to provide initial and triennial training for their HazMat Employees (Read: What is HazMat Employee Training?)

Another month and another raft of regulatory agency publications in the Federal Register.  As an EHS Professional you may find it too much to stay on top of all these changes in the regulations.  That’s the reason for my monthly search through the Federal Register to identify for you the applicable regulations of the following agencies:

• Environmental Protection Agency (EPA)
• Federal Aviation Administration (FAA) – an administration within the Department of Transportation (DOT).
• Federal Motor Carrier Safety Administration (FMCSA) – an administration within the Department of Transportation (DOT).
• Federal Railroad Administration (FRA) – an administration within the Department of Transportation (DOT).
• Pipeline and Hazardous Materials Safety Administration (PHMSA) – an administration within the Department of Transportation (DOT).

I couldn’t find any publications related to the management of hazardous waste or the transportation of hazardous materials from the FAA, FMCSA, or FRA.  There were, however, some publications by EPA and PHMSA that may have an impact on how you manage hazardous waste and/or ship hazardous materials.

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.

As you review this document note the different types of publications in the Federal Register and their relative import:

Rules and Regulations – These are notifications of rules and regulations that have passed the review process and will – now or at a later established date – become regulations in the CFR (Code of Federal Regulations).  Complying with them is not an option.

Proposed Rules – These are notifications of a new rule or a modification to an existing one that the agency has in the works.  Interested parties may still submit comments and possibly affect the outcome of a proposed rule.

Notices – For all the things the government does that don’t rise to the level of regulations.  These could be safety notices or announcements of meetings for interested parties regarding proposed rules.

FEBRUARY 1, 2016 THROUGH FEBRUARY 29, 2016

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:

Additions to List of Categorical Non-Waste Fuels Pages 6687 – 6743 [FR DOC # 2016-01866] PDF | Text | More

Proposed Rules:

None

Notices:

Inquiry To Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export Pages 7788 – 7791 [FR DOC # 2016-03102] PDF | Text | More

Proposed Information Collection Request; Comment Request; Recordkeeping and Reporting-Solid Waste Disposal Facilities and Practices  Pages 8956 – 8957 [FR DOC # 2016-03744] 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:

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:

NONE

PHMSA – PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION:

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

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Hazardous Materials: Public Meeting Notice for the Research and Development Forum Pages 6103 – 6104 [FR DOC # 2016-02146]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.

One of the hardest challenges for an EHS Professional is staying aware of changes to the Federal Regulations that affect your compliance.  Luckily, these new rules and regulations don’t just appear overnight.  Often they are the result of years of Notices of Proposed Rulemakings by the respective regulatory agencies followed by requests for comment from the regulated industry (that’s you!)  These comments may cause the agency to change the proposed rule which results in further notices until – perhaps months or years later – a Final Rule is published.  Usually the Final Rule is published months before it becomes effective. The Rulemaking Process is designed to encourage participation of the regulated industry and to ensure no one is caught flat-footed by changes to the Code of Federal Regulations.  This entire process is published periodically in the Federal Register.

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.

What I have done for the month of June 2015 is reviewed the list of publications in the Federal Register from the agencies listed below.  I have only included published notices that affect the management of waste and the transportation of hazardous materials.

• Environmental Protection Agency (EPA) publications related to the generation, management, and disposal of solid waste, hazardous waste, universal waste, and used oil.
• The following agencies – all within the Department of Transportation – for publications solely related to the transportation of hazardous materials (HazMat).
  • Pipeline & Hazardous Materials Safety Administration (PHMSA).
  • Federal Motor Carrier Safety Administration (FMCSA).
  • Federal Railroad Administration (FRA).
  • Federal Aviation Administration (FAA).

DISCLAIMER:  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.

 June 1, 2015 through June 30, 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:

None

Proposed Rules:

Idaho: Authorization of State Hazardous Waste Management Program Revision Pages 31338 – 31342 [FR DOC # 2015-12932] PDF | Text | More

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Criteria for Classification of Solid Waste Disposal Facilities and Practices, Recordkeeping and Reporting Requirements Pages 34154 – 34155 [FR DOC # 2015-14658] PDF | Text | More

Agency Information Collection Activities; Proposed Collection; Comment Request; Hazardous Remediation Waste Management Requirements (HWIR Contaminated Media) Pages 34156 – 34157 [FR DOC # 2015-14657] 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:

Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits Pages 34839 – 34841 [FR DOC # 2015-14961] PDF | Text | More

State Compliance With Commercial Driver’s License Program: Correction Pages 36930 – 36932 [FR DOC # 2015-15906] PDF | Text | More

Proposed Rules:

Parts and Accessories Necessary for Safe Operation: Federal Motor Vehicle Safety Standards Certification for Commercial Motor Vehicles Operated by United States-Domiciled Motor Carriers Pages 34588 – 34593 [FR DOC # 2015-14934]     PDF | Text | More

Hazardous Materials Safety Permit (HMSP) Program: Amendment to Enforcement Policy Pages 35253 – 35255 [FR DOC # 2015-15091] 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:

None

Proposed Rules:

None

Notices:

None

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.

Announcements from regulatory agencies of the US Government in the Federal Register can have a profound 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:  Falure to Pay Civil Penalties. (more…)