Feds seek input on FAQs regarding hazmat regulations

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration is taking measures to “facilitate better public understanding and awareness” of the hazardous materials regulations.

In March 2022, the agency began an initiative to convert previously received letters of interpretation concerning hazmat regulations – which come directly from stakeholders – into a “broadly applicable” page of frequently asked questions. In December, PHMSA finalized the first set of questions, which pertained to the applicability of hazmat regs to persons and functions, and announced the topic for the second set of questions.

In a notice scheduled to post to the Federal Register on Aug. 18, the agency will share the second set of questions, along with the corresponding answers. This subsequent set addresses common concerns regarding hazardous materials incident reporting.

Some of the issues the agency seeks to answer in this set of FAQs include:

• Who is responsible for completing and submitting a detailed hazardous materials incident report?
• How long do I have to submit a written incident report?
• Must the person who files an incident report keep a copy of the incident report?
• Is an incident report required if, during the loading/unloading operation, the consignee discovers or observes a leak from a cargo tank motor vehicle or other bulk packaging?
• Federal regulations dictate a hazardous materials incident report must be filed when an undeclared hazardous material is discovered. What is an “undeclared hazardous material”?

According to PHMSA, offering solutions to FAQs under one umbrella will allow time for other important endeavors.

“This initiative will allow resources to be made available for other improvement-related operations such as petitions for rulemakings, public outreach and engagement, and economically beneficial regulatory and policy improvements,” the agency said in the notice.

Once the notice is published, the agency is encouraging “interested parties” to provide input on the second set of FAQs. The comment period will be available for 30 days after the date of publication. Comments should be identified by the Docket Number PHMSA-2021-0109 and can be filed online here. LL