Enhance Regulatory Understanding: PHMSA Unveils Second Set of FAQs
On August 18, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice for its second set of Frequently Asked Questions (FAQs). While the second set of FAQs isn’t final yet, they are intended to address questions regarding the incident reporting requirements for hazardous materials.
The FAQs are intended to enhance regulatory understanding of the Hazardous Materials Regulations. PHMSA also hopes to reduce the number of repeat letters of interpretation they receive on the same subject.
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Questions
The notice contains 18 FAQs taken from previous letters of interpretation from Sections 171.15 and 171.16. We have included simplified versions of the first six FAQs, see below:
Q1: Who is responsible for completing and submitting a detailed hazardous materials incident report?
A1: Each person in physical possession of a hazardous material when an incident occurs must file a Hazardous Materials Incident Report on DOT Form F 5800.1 to the Department.
Q2: How long do I have to submit a written incident report?
A2: A person must submit a detailed incident report within 30 days of discovery of the incident to the Department.
Q3: Who is responsible for providing immediate notice by telephone if an incident occurs that meets the criteria in 171.15(b)?
A3: Each person in physical possession of a hazardous material when an incident occurs must provide notice by telephone to the National Response Center (NRC) 1–800–424–8802 (toll free).
Q4: 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)?
A4: A person must provide notice by telephone as soon as practical but no later than 12 hours after the occurrence of any incident described in 171.15(b).
Q5: If an incident occurs resulting in the closure of an access 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?
A5: Yes. Components of a highway, such as access roads and interchange areas that provide access to highways—including interstate highways—are considered components of a “major transportation artery or facility,” and are thus subject to the requirements in 171.15(b)(1)(iv).
Q6: 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?
A6: If an incident occurs while the carrier that delivered the hazardous material is observing or participating in the unloading operation, the incident must be reported because the carrier is deemed to be in possession of the hazardous material at that point.
However, if an incident occurs or is discovered while a consignee is unloading a hazardous material from a transport vehicle or emptying a bulk packaging after the carrier has delivered the material and left the premises, the incident is not required to be reported because the incident occurs or is discovered after transportation has ended.
Keep in mind, these FAQs are not legal requirements. They are meant to clarify, explain, and assist stakeholders to interpret the regulations. By making this information easier to understand, PHMSA hopes to eliminate repeated requests for specific Letters of Interpretation.
Key to remember: While not final, PHMSA released the second set of FAQs that are intended to make the incident reporting requirements easier to understand and therefore reducing the repeat request for letters of interpretation.