On Sept. 22, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an advance notice of proposed rulemaking (ANPRM) to solicit feedback on potential adjustments to the statutorily mandated hazmat registration and fee assessment program.

PHMSA is seeking stakeholder comments and input on questions related to the scope of the registration and fee assessment program. The ANPRM includes several scenarios and options for public comments.

PHMSA conducts a national hazardous materials registration program under the mandate in 49 U.S.C. 5108 for a person who offers for transportation or transports certain hazardous materials in intrastate, interstate, or foreign commerce. The registration program implements the mandate for persons to file a registration statement with the Secretary of Transportation — as delegated to PHMSA — and collects registration and processing fees from persons required to file a registration statement to fund Emergency Preparedness (EP) grants. EP grants support hazardous materials emergency response planning and training activities by states, local governments, and Native American Tribes. EP grants also fund non-profit organizations to provide “train-the-trainer” programs for hazardous materials emergency response training and hazardous materials employee training. Additionally, EP grants support the development of the Emergency Response Guide  and provides funds for grantee monitoring and technical assistance.

ACA, through its Transport Committee, will coordinate any industry comments to PHMSA by the agency’s Dec. 21, 2022 deadline.

Contact ACA’s Rhett Cash for more information.