PHMSA: Notice

Low Risk Explosives?

I know the title may seem a bit misleading or confusing which is why the Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) is soliciting hazardous materials (HAZMAT) shippers to submit information on what if any small quantities or low concentrations of explosives they ship pose a low risk (e.g. negligible severity, remote possibility, etc.) to life, property, and the environment. Currently there are no small quantity exceptions for Class 1 explosives. However, there are exceptions for small quantities of HAZMAT in transport which include:

• Small quantities for highway and rail within the U.S. (49 CFR 173.4).
• Excepted quantities (49 CFR 173.4a).
• De minimis exceptions (49 CFR 173.4b).

PHMSA intends to use HAZMAT shippers responses and information to help define the focus of a research project investigating the risk of small and/or de minimis quantities of explosive substances. To better understand what PHMSA is looking for, negligible severity and remote probability are defined as:

• Negligible severity —Could result in one or more of the following: injury or occupational illness not resulting in a lost workday, minimal environmental impact (air/water/solid waste pollutant emissions, inadvertent hazardous releases, or adverse change upon resources/ecosystems), or monetary loss less than $100K.

• Remote probability —Unlikely, but possible for an incident to occur in the life of the item.

There are 8 questions and a few subcategory questions PHMSA would like answered specifically to better help them craft and narrow their project. To view the notice in its entirety you can click HERE NOW!

If you think you have the knowledge and drive to help shape PHMSA’s research and possible future regulations, interested parties are invited to submit comments on or before the September 16^th deadline through the following avenues:

• Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
• Fax: 1-202-493-2251.
• Mail: Docket Management System; U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
• Hand Delivery: Docket Management System; Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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