PHMSA's Quarterly Newsletter for Hazardous Materials Safety January-March 2022
A Message from the Associate Administrator for Hazardous Materials Safety
The Bipartisan Infrastructure Law was signed into law on November 15, 2021.
How does this transformative law affect us, a small agency tasked with overseeing the transportation of more than 1.2 million shipments of hazmat daily?
In addition to a modest increase in operating expenses over the next four years, the law makes three direct changes to our program—increased grant funding for emergency preparedness; codification of the ALERT grant program; and improvements to the real-time train consist information requirement established in the FAST Act that enable agency action.
The most significant of these changes is the near doubling of the grant amounts available to PHMSA's Emergency Preparedness Grant Program that ensures communities are prepared and trained to safely respond to hazmat transportation incidents. While we work to implement these requirements, we are also making changes to focus on the administration's priorities through the grants program. In the fiscal year 2022 grants process, PHMSA is placing emphasis on equity and underserved communities.
Other areas of the law include changes that provide a larger role for PHMSA. For instance, the increase in electric vehicles will put emphasis on our important work ensuring lithium battery transportation safety.
We look forward to the opportunities ahead as we implement change and continue our vital work that safeguards and improves the lives of the American people every day.
Stay up to date on the great things we are doing by subscribing to this newsletter!
Bill Schoonover
Associate Administrator, PHMSA
Rulemakings and Regulatory News
Publication of HM-264A NPRM - Suspension of HMR Amendments Authorizing Transportation of Liquefied Natural Gas by Rail
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a notice of proposed rulemaking (NPRM) in the Federal Register titled, "Hazardous Materials: Suspension of HMR Amendments Authorizing Transportation of Liquefied Natural Gas by Rail." This NPRM proposes to amend the Hazardous Materials Regulations to suspend authorization of liquefied natural gas (LNG) transportation in rail tank cars pursuant to the LNG by Rail final rule published in July 2020, pending the earlier of either completion of a separate rulemaking under RIN 2137-AF54 evaluating potential modifications to requirements governing rail tank car transportation of LNG, or June 30, 2024.
The NPRM may be viewed here: https://www.federalregister.gov/documents/2021/11/08/2021-23132/hazardous-materials-suspension-of-hmr-amendments-authorizing-transportation-of-liquefied-natural-gas.
Fireworks Standard Change
The American Pyrotechnics Association (APA) Standard 87-1 version 2001 will become obsolete and archived beginning on November 26, 2021. Any applications submitted to PHMSA after this date under the old standard will be denied. All new applications submitted to PHMSA after November 26, 2021 must be in compliance with the 2018 APA Standard 87-1 A, B, or C version. Additionally, the publications and outreach materials for fireworks transportation on the PHMSA website are currently being updated with information from the new 2018 standard and will be made available soon.
Lithium Battery Test Summary Phase-in
Effective January 1, 2022, lithium cell and battery manufacturers and subsequent distributors of lithium cells and batteries manufactured after January 1, 2008 must make a lithium battery test summary available to others in the supply chain. The test summary verifies that the lithium cells and batteries have successfully passed the tests prescribed in Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria. The test summary includes a standardized set of elements that provide traceability and accountability to ensure that lithium cell and battery designs offered for transport meet UN 38.3 test requirements. This requirement was introduced into the HMR via the Final Rule “Hazardous Materials: Harmonization with International Standards” (HM-215O), published on May 11, 2020.
The Final Rule can be viewed here: https://www.federalregister.gov/documents/2020/05/11/2020-06205/hazardous-materials-harmonization-with-international-standards.
The comment period for this NPRM closed on December 23, 2021. Keep an eye out for new outreach materials from PHMSA introducing and describing this new HMR requirement!
Interested in being the first to know when PHMSA posts notices and rulemakings to the Federal Register? You can subscribe to receive email notifications from the Federal Register whenever PHMSA posts by visiting the Federal Register site and clicking ‘Subscribe’ at https://www.federalregister.gov/agencies/pipeline-and-hazardous-materials-safety-administration.
PHMSA routinely issues Special Permits, Approvals, and Interpretations for federal hazmat safety laws. To search for current permits and approvals please visit https://www.phmsa.dot.gov/approvals-and-permits. Interpretations and regulations listed by the part number and subject can be found here https://www.phmsa.dot.gov/regulations/title49/b/2/1.
Workshops, Webinars, and Events
PHMSA offers hazardous materials transportation training workshops and webinars. These free training opportunities are for anyone who offers or transports hazardous materials in commerce or has a desire to learn more about the HMR.
For more information, visit: https://www.phmsa.dot.gov/hazmat/seminars/webinars.
New PHMSA Regional Directors
PHMSA has selected April Charnota and Randy Dick as the new Western region and Central region directors. Their contact information is below:
April Charnota
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
United States Department of Transportation
Office of Hazardous Materials Safety
3401 Centrelake Drive, Suite 550B
Ontario, CA 91761
Phone: 909-937-3279
Randy Dick
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
United States Department of Transportation
Office of Hazardous Materials Safety
901 Locust Street, Suite 480
Kansas City, MO 64106
Phone: 816-329-3802
Check the Box® Reminder
Before you offer hazardous materials for shipment, you—the shipper—are responsible for properly classifying and packaging your material with the correct hazard communications (e.g., marks, labels, and shipping documentation). Remember: if you ship products, it is your responsibility to know whether those products are hazardous materials and to communicate their hazards appropriately in accordance with the HMR.
PHMSA has created several fact sheets for individual consumer commodities and other information resources on how to "Check The Box®" available at: https://www.transportation.gov/check-the-box.
You can find a list of common hazardous materials and fact sheets for shipping those commodities at: https://www.transportation.gov/check-box/resources.
Publications and Resources
PHMSA develops compliance assistance materials that make it easier to understand and comply with the HMR. All resources below are available at: https://www.phmsa.dot.gov/training/hazmat/publications.
Lithium Battery Guide for Shippers and Webinar Recording
The Lithium Battery Guide for Shippers and Instructional Webinar Recording are now available on YouTube! This compliance resource and accompanying webinar were developed to assist shippers to safely package lithium cells and batteries for transport by all modes, according to the latest regulatory requirements in HM-215O, published on May 11, 2020. The webinar directs the reader to scenario-based shipping guides that outline the applicable requirements to ship packages of lithium cells and batteries in various configurations. Each distinct shipping guide in the publication refers to the regulatory requirements for a specific lithium cell/battery type, configuration, and size, and allows shippers to easily find the applicable transport provisions.
Link to the webinar recording: https://www.youtube.com/watch?v=nfZ6nhdbvJI
Link to the Lithium Battery Guide for Shippers: https://www.phmsa.dot.gov/training/hazmat/lithium-battery-guide-shippers
The Facts on Small Arms-Related Hazmat
PHMSA is developing an informational resource guide for shippers who transport packages containing small arms ammunition or components. Examples of small arms-related components that might be regulated as hazardous materials include ammunition, propellants, primers, percussion caps, empty primed cartridge cases, firearm cleaning materials and more!
Outreach materials for small arms-related hazmat will be published soon to the Publications webpage above.
Hazmat Transportation Training Modules
PHMSA has developed a free online training module program for hazmat employees and employers to meet the requirements for general awareness/familiarization training and security awareness training, both of which are required by the HMR. New features and interactivity have been added to the modules in 2021.
Link to the Hazmat Transportation Training website is here: https://dothazmat.vividlms.com/.
Grants
PHMSA provides comprehensive grant programs that are designed to improve hazardous materials safety and damage prevention and develop new technologies. Additionally, hazardous materials safety grant programs have fostered great partnerships with local communities and universities to promote awareness campaigns, provide resources for emergency preparedness, develop hazardous materials safety resources and information, and implement best practices nationwide.
For more information on grants and for a full list of available grants, refer to: https://www.phmsa.dot.gov/grants/hazmat/hazardous-materials-grants-program.
For additional information contact:
The Hazardous Materials Info Center
1.800.HMR.4922 or (1.800.467.4922)
E-mail: infocntr@dot.gov
PHMSA National is a quarterly news and information publication for the hazmat community at-large. Please submit any questions or requests to Training@dot.gov, with the SUBJECT: “PHMSA NEWSLETTER REQUEST.”
Last updated: Thursday, September 22, 2022