New Emergency Response Information From PHMSA Effective October 1, 2010 - HM-206F

Emergency Response Information

There is a new rule effective on October 1, 2010, concerning emergency response information on hazardous materials shipping papers for USA territorial purposes (into, out of or through USA).

Summary

In this final rule, PHMSA (Pipeline and Hazardous Materials Safety Administration) is amending the Hazardous Materials Regulations to clarify requirements governing emergency response information services provided by arrangement with hazardous materials offerors (shippers). In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA is requiring basic identifying information (offeror name or contract number) to be included on shipping papers. This information will enable the emergency response information provider to identify the offeror on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident and obtain additional information about the hazardous material as needed.

Comments

This rule primarily effects shippers by all modes of transporation. If the person responsible for the emergency response information is other than the person listed on the shipping paper (e.g. a third party company like Chemtrec or Chemtel who provides the emergency response information), then the responsible person name or contract number must appear on the shipping as well.

This would appear normally in the Additional Handling block of the Air Shippers Declaration for Dangerous Goods under the telephone number. On a Bill of Lading (BOL), this additional information must appear where it will be readily identified from other information under the telephone number. On a Vessel Shippers Declaration Form, it will normally appear in the Additional Handling block under the telephone number or in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found.

Most carriers (airlines, truck companies, vessel operators) will not have the ability to know when this requirement is to be present on shipping papers. Only the shipper (offeror) will know when this information is required, unless the shipper volunteers the fact on shipping papers that a third party, such as Chemtrec or Chemtel is the emergency response information provider (ERIP). Therefore, in most cases, airlines, trucking companies, and vessel operators will take the emergency response information with or without the "Registered Name or Contract Number" being reflected.

Please use this hyperlink for the full rule HM-206F.

PHMSA Releases 2008 Enforcement Notice for Hazmat Fines and Penalties; Don't Be Caught With Undeclared Hazmat or Without Hazmat Training!

Receiving fines and penalties for improperly declaring hazardous materials (or failure to declare hazmat at all) can unnecessarily drive up the cost of doing business. It can even put you out of business!

The Pipeline and Hazardous Materials Safety Administration (PHMSA), a division of the U.S. DOT, has published its Enforcement Notice for 2008 regarding fines and penalties incurred on businesses for failing to comply with hazmat regulations.

During the 2008 calendar year, PHMSA has closed 130 cases of Hazardous Materials Regulations (HMR) violations and served $1,135,256.81 in fines for hazmat compliance failure.

To read the full report on PHMSA's website, click on the link below:

PHMSA 2008 Enforcement Notice

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