DOT Proposes Rule Incorporating Cargo Tank Permits into HAZMAT Regulations

(Lexology – Shook Hardy & Bacon LLP)

The U.S. Department of Transportation’s (DOT’s) Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a notice of proposed rulemaking (NPRM) that would amend hazardous materials regulations to incorporate provisions contained in six cargo tank special permits. 75 Fed. Reg. 42,364 (7/21/10). According to PHMSA, these permits “allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained.” Read more here.

New Guide Prepares for Upcoming Changes to WHMIS

(CIFFA eBulletin)

The Workplace Hazardous Materials Information System (WHMIS) is working towards adopting the new Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

The Canadian Centre for Occupational Health and Safety (CCOHS) has created a new guide to introduce Canadians to GHS and to help prepare workplaces for potential changes. The goal of GHS is to have the same set of rules for classifying hazards and the same format and content for labels and safety data sheets (SDS) adopted and used around the world.

WHMIS – “After GHS: Preparing for Change” will help guide organizations through the anticipated changes, assist in the understanding of the new requirements and facilitate a successful transition to “WHMIS After GIS”.

For more information click here.

Congress Introduces Landmark Chemical Control Reforms

(World Trade Interactive)

“America’s system for regulating industrial chemicals is broken” – Frank Lautenberg (D-NJ), Chairman of the Subcommittee on Superfund, Toxics and Environmental Health of the Senate Committee on Environment and Public Works

[Friday] Congress revealed its initial plan to reform the Toxic Substances Control Act. TSCA is the primary law with which the Environmental Protection Agency regulates chemicals in U.S. commerce. It has not been updated since its enactment in 1976. While a full bill was introduced in the Senate by Frank Lautenberg (D-NJ), the House released a discussion draft which will be worked on in the coming months by a broad group of stakeholders including government, industry and non-governmental organizations.

The Lautenberg bill and the House draft reflect congressional priorities such as:

• requiring manufacturers to provide minimum data on chemicals

• requiring EPA to prioritize a list of hazardous chemicals

• creating a public database of information about priority chemicals

• creating incentives to promote green chemistry

U.S. Chemical Regulation – Update of State Initiatives

(Mondaq – Heather Demirjian and Margaret A. Hill, Blank Rome LLP)

Against the backdrop of efforts by Congress to reform the Toxic Substances Control Act of 1976 ("TSCA"), 15 U.S.C. § 2601 et seq., states like California, Washington and Maine have moved forward with the adoption of "Green Chemistry" laws. The laws will have wide-ranging impacts by restricting the presence of hazardous chemicals in consumer products and establishing mandatory priority chemical notification requirements.

These state "Green Chemistry" laws contain provisions that are very similar to the European Union's chemical regulation governing the "Registration, Evaluation, Authorization and Restriction of Chemical Substances" ("REACH"), which requires the pre-registration of all chemical products and substances that will be sold, used, and distributed in the markets in the European Union. Importantly, these state initiatives are merely the first in a wave of chemical reforms that will forever change chemical regulation at the state, federal and international levels. Read more here.

TIACA Seeks Review of Hazmat Rule [Lithium Batteries]

(Journal of Commerce Online – Thomas L. Gallagher)

Air cargo group says restrictions on lithium batteries deviate from international standards

The International Air Cargo Association is calling for modifications to changes proposed by the U.S. government to the way lithium batteries are carried onboard aircraft, warning it will have a significant impact on not only the air cargo sector but also manufacturers, retailers and consumers of electronic products, medical devices, motor vehicles and many other products.

A new ruling by the Pipeline and Hazardous Materials Safety Administration proposes regulations that would require lithium batteries to be stowed in a crew-accessible location except if they are shipped in an FAA-approved container or a Class C cargo compartment. Read more here.

Factors to be Considered in Determining Civil Penalties for Consumer Product Safety Violations

(Levine & Slavit)

The Consumer Product Safety Commission has issued a final rule providing its interpretation of the factors it must consider in determining the amount of civil penalties for knowing violations of the Consumer Product Safety Act, the Federal Hazardous Substances Act and the Flammable Fabrics Act.

These penalties increased substantially as of Aug. 14, 2009, to a maximum of $100,000 per violation (from $8,000) and $15 million (from $1.825 million) for a related series of violations. This final rule clarifies certain information and terms based on comments received concerning and further CPSC review of, the Commission’s Sept. 1, 2009, interim final rule. Read more here.

DOT Increases Hazmat Registration Fees

(World Trade Interactive)

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration has issued a final rule that, effective April 29, will adjust the registration and fee assessment program for persons who transport or offer for transportation certain categories and quantities of hazardous materials. Under this rule, for registration years beginning in 2010-2011 the annual fee to be paid by those registrants not qualifying as a small business or not-for-profit organization will increase from $975 (plus a $25 administrative fee) to $2,975 (plus a $25 administrative fee). The fee for small businesses and not-for-profit organizations will remain $250 (plus a $25 administrative fee).

DOT Looks to Tighten Requirements for Transportation of Lithium Batteries

(World Trade Interactive)

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration is proposing to amend the requirements in the Hazardous Materials Regulations on the transportation of lithium cells and batteries, including those packed with or contained in equipment, as follows. Comments on this proposal are due by March 10. Read more here.

DOT Considers Standardizing Amendments to Hazardous Materials Regulations

(World Trade Interactive)

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration is considering amending the Hazardous Materials Regulations by incorporating various amendments to international standards and modal regulations, including changes to proper shipping names, hazard classes, packing groups, special provisions and packaging authorizations. […]

PHMSA is soliciting public comment by January 19 on the safety consequences, regulatory burden and cost implications of some of the more significant amendments adopted or under consideration for adoption in these international standards. Read more here.

Canada Signs Agreement for the Safe Management of Harmful Chemicals in North America

(Environment Canada)

Canada’s Environment Minister Jim Prentice, and his counterparts Stephen Johnson, Administrator of the United States Environmental Protection Agency, and Environment Minister Juan Rafael Elvira Quesada of Mexico, have signed a joint Statement of Intent affirming their commitment to developing a regional framework for the safe management of harmful chemicals.

“Our government has committed to protecting the health and environment of Canadians”, said Minister Prentice. “This agreement is a cost-effective way for all countries involved to assess harmful chemicals as quickly as possible by reviewing existing research and taking action on those chemicals that need to be regulated.”

The agreement builds on Canada’s world-leading Chemicals Management Plan by ensuring that Mexico, Canada, and the United States have access to consistent information that can be used to strengthen chemical management in North America. Canada is agreeing to share its analysis of over 23,000 chemicals in use today and in turn, will gain access to critical research and expertise that is being gathered in the United States and Mexico to take action on harmful chemicals.

This announcement builds on existing cooperative initiatives between the United States, Mexico and Canada towards increased capacity building and improved chemicals management in North America. “By sharing scientific information and approaches to chemical testing and risk management, countries have been able to make significant progress on initiatives like the United States’ Chemical Assessment and Management Program” explained Minister Prentice.

The Ministerial Statement of Intent on North American Chemicals Cooperation consolidates and clarifies the nature of these activities, and reaffirms that the three countries remain strongly committed to the sound management of chemicals in North America.

Shipments of Radioactive Materials Requiring DOT Placarding

(CBP — U.S. Customs)


Due to the significant hazards that may be posed to the traveling public, port personnel, and the disruption of the importation of other commercial shipments, the Area Service Port of Champlain is instituting the following requirements for the importation of radioactive materials requiring placarding under U.S. DOT regulations:

1) Carriers must notify the Commercial Operations Duty Supervisor at least 8 hours prior to the projected arrival of the conveyance at the port.

2) Copies of US State Department Licenses and shipping documents must be faxed to the Radiation Determination Office (VACIS) at least 8 hours prior to the projected arrival.

3) The Commercial Operations Duty Supervisor and/or the Non-Invasive Inspection (NII) Supervisor will determine the actual allowable arrival time of the conveyance within the confines of the port.

4) Carriers not adhering to this timeframe may be denied clearance and returned to Canada.

5) Circumstances that make it impossible for a carrier to adhere to this timetable must be fully explained – in detail – to the Commercial Operations Duty Supervisor. Such circumstances will be considered on a case-by-case basis.

The authority and rationale to institute this policy is found in the CBP Hazardous Materials Handbook, CIS HB 5200-18, Chapter 5 and is cited below:

“Port Directors may limit the importation and/or exportation of dangerous cargo to a specified location within the port, and to specify the hours of service for the importation and exportation of hazardous or dangerous goods based on availability of properly trained personnel, and/or in the interest of the safety of Customs employees and the traveling public. Other considerations are the port’s or facility’s ability to properly and safely inspect shipments of hazardous materials or dangerous goods without adversely affecting the importation or exportation of other commercial shipments.”

U.S. DOT Updates Regulations on Transporting Hazardous Materials

(World Trade Interactive)

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration has issued a final rule, effective Oct. 1, amending the Hazardous Materials Regulations to update, clarify or provide relief from certain requirements governing the classification, packaging or labeling of hazardous materials transported in commerce. PHMSA’s amendments include:

• adding a new entry to the Hazardous Materials Table for ethanol and gasoline blends with more than 10 percent alcohol;

• expanding the exceptions from regulation for small quantities of hazardous materials;

• updating provisions incorporating consensus standards issued by the Chlorine Institute and the Compressed Gas Association;

• adding a definition for “household wastes” to clarify the current exception in the HMR for transportation of such materials;

• revising the HMT to harmonize certain entries with international standards by removing, adding and revising certain proper shipping names;

• revising certain hazard communication provisions to address shipping paper requirements for marine pollutants, marking requirements for limited quantities, proper shipping name markings on packages and labeling of intermediate bulk containers;

• clarifying requirements applicable to the transportation of dry ice on aircraft, detonator assemblies and packagings authorized for the transportation of certain explosives;

• clarifying that a shipper must use a carrier with a safety permit to transport hazardous materials for which safety permits are required as specified under the federal motor carrier safety regulations; and

• clarifying segregation requirements for hazardous materials transported by motor carrier.

The Federal Register notice is available here.