PHMSA Publishes Next Set of Hazmat FAQs – 8-18-23
Incident Reporting
Today, DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice in the Federal Register (88 FR 56702-56705) on “Hazardous Materials: Frequently Asked Questions – Incident Reporting”. This is part of a continuing effort at PHMSA to convert existing Letters of Interpretation into more broadly applicable frequently asked questions (FAQs) that was started [removed from paywall] in March of 2022.
Proposed FAQ’s
This set of proposed FAQ’s and responses deals with regulatory requirements to provide immediate notice of certain hazardous materials incidents and detailed hazardous materials incident reports under 49 CFR §171.15 and §171.16.
1. Question: Who is responsible for completing and submitting a detailed hazardous materials incident report?
2. Question: How long do I have to submit a written incident report?
3. Question: Who is responsible for providing immediate notice by telephone if an incident occurs that meets the criteria in § 171.15(b)?
4. Question: How long do I have to provide notice by telephone to the National Response Center (NRC) when an incident occurs that meets the criteria in § 171.15(b)?
5. Question: If an incident occurs resulting in the closure of an access road ( i.e., on-ramp, off-ramp, jug-handle, or slip-road) to a major highway, is the closure of the access road leading to a highway considered a “road closure” and subject to the hazmat reporting requirements in § 171.15?
6. Question: Is an incident report required if, during the loading/unloading operation, the consignee discovers or observes a leak from a cargo tank motor vehicle (CTMV) or other bulk packaging?
7. Question: Under § 171.16, a hazardous materials incident report (DOT Form F 5800.1) must be filed when an undeclared hazardous material is discovered. What is an “undeclared hazardous material”?
8. Question: What information is required on the incident report form for an undeclared shipment?
9. Question: Is immediate notification to the National Response Center (NRC) required if a package of radioactive material is damaged during transportation but the radioactive material itself has not been released from its inner packaging—which provides shielding—and the damage does not result in radioactive contamination or excessive radiation exposure?
10. Question: Must the person who files an incident report keep a copy of the incident report?
11. Question: Where must I keep a copy of an incident report after I file it with PHMSA?
12. Question: Where can a filer get a copy of the DOT Form F 5800.1?
13. Question: How much hazardous materials may be unintentionally released during the hookup and breakdown of loading and unloading hoses before a person would be required to submit a Hazardous Materials Incident Report on DOT Form F 5800.1?
14. Question: Is a carrier required to file an incident report in accordance with § 171.16 for a release from a motor vehicle fuel tank or from a motor vehicle's hydraulic, cooling, or lubrication systems?
15. Question: Is an incident report required if a box, drum, or similar packaging is discovered to be leaking after the shipment is delivered to the consignee?
16. Question: Is immediate notice required under § 171.15 for an incident that leads to a “road closure” when no hazardous material is released as a result of the incident?
17. Question: When an incident occurs involving a package of hazardous material containing only a residue of hazardous material, as described in § 173.29, is an incident report required?
18. Question: A discovery of a hazardous materials incident is made after transportation has ended. May the consignee file an incident report?
Public Comments
PHMSA is soliciting public comments on this proposed set of FAQ and responses. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket #PHMSA-2021-0109). Comments should be submitted by September 18th, 2023.
Commentary
I think that this project of converting existing historical letters of interpretation into broadly applicable FAQ’s is a commendable information sharing effort on the part of PHMSA. The only problem is I am unable to find the FAQ’s from the initial tranche published by PHMSA in March of 2022 on the PHMSA website. There is a “Hazardous Materials Safety FAQs” page, but it was last updated on August 23, 2019 and contains none of the questions proposed in the earlier notice.
If PHMSA is going to continue with this program, each subsequent notice in the Federal Register should contain a link to the web site where PHMSA is going to make these FAQ’s and responses readily available to the public. And to be fair, this notice should be updated with that link.
I will be posting this commentary as a comment on this notice.