On July 6, 2012, President Obama signed into law the “Moving Ahead for Progress in the 21st Century Act”, which includes the “Hazardous Materials Transportation Safety Improvement Act of 2012” (the “Act”). The Act includes provisions for hazardous materials transportation safety and authorizes appropriations for fiscal years 2013 and 2014 for the Department of Transportation’s (DOT’s) hazardous materials transportation program. A number of the provisions of the Act will be discussed below:
v The Hazmat Act includes amendments to the training standard for hazardous materials inspectors and investigators. The act requires the Secretary to develop uniform standards for these inspectors and investigators no later than 18 months after enactment that are to be established as guidelines.
v The Act included a new paperless hazard communications pilot program. This program will allow the Secretary to conduct pilot projects to evaluate the effectiveness of wireless communication devices.
v The Act removes some language regarding criteria for special permits but includes new language requiring rulemaking to incorporate the provisions addressed in special permits and approval into the Hazardous Materials Regulations (HMR). Specifically, the Hazmat Act directs a review and analysis of special permits that have been in continuous effect for a 10-year period to determine which permits can be incorporated into the HMR. In the instance where special permits are not appropriate for incorporation into the HMR, the Department of Transportation must publish a notice in the Federal Register explaining why.
v The Act requires the Secretary to conduct a review of the implementation of the Hazardous Materials Safety Permit (“HMSP”) program. Specifically, the Pipeline and Hazardous Materials Safety Administration must consider several factors including (1) the list of materials for which a HMSP is required, (2) the criteria used by PHMSA to determine whether a HMSP issued by a state is equivalent to a Federal permit, and (3) what steps can be taken to improve the program- potentially including an additional level of fitness review.
v The Act amends civil penalties by removing the minimum penalty amount of $250 for hazardous material violations. In addition, it adds new language about penalties for training violations. A violation related to training will result in a minimum penalty of $450.
v In regards to the appropriations, PHMSA is authorized to be appropriated $42,338,000 for fiscal year 2013 and $42,762,000 for fiscal year 2014.
For further information or questions regarding the Act, please contact Ronce Almond at (202) 457-7790.