Effective Wednesday, October 1, 2008, no person may offer a motor carrier any hazardous material specified in FMCSA 385.403 unless that motor carrier holds a safety permit issued by the Federal Motor Carrier Safety Administration.  The HAZMAT safety permit requirement took effect back in January 2005.  Anyone hauling a hazardous material such as anhydrous ammonia or hazardous materials listed in FMCSA 49 CFR 385.403 are required to obtain a hazardous material safety permit. 

According to the new regulation effective October, 1 2008, the ammonia terminal can not load an NH3 transport semi unless the motor carrier shows proof of possessing a HAZMAT Safety Permit issued by the Federal Motor Carrier Safety Administration (FMCSA).  HAZMAT permits are good for two years after the issuance date so if it is time to renew your permit make sure you send in the renewal application at least 45 days prior to the expiration of the permit.  DOT OFFICERS WILL BE CHECKING FOR COMPLIANCE THIS FALL. 

 

Part of the original HAZMAT Safety Permit application required motor carriers to have in place a current security plan, communications plan and hazmat employees must have security awareness training.  As part of the communications plan, the motor carrier or driver must make contact with the carrier at the beginning and end of each duty tour, and at the pickup and delivery of  each permitted load.  Contact may be by telephone, radio, GPS tracking or monitoring systems.  The motor carrier must maintain a record of communications for 6 months after the initial acceptance of a shipment of hazardous material for which a safety permit is required. 

 

FMCSA regulations state a copy of the safety permit or another document indicating the permit number provided that document clearly indicates the number is the FMCSA safety permit number.  In other words, the motor carrier can either carry the actual safety permit with the number on it or clearly indicate on other documents such as shipping papers the number is the HAZMAT safety permit number.

 

These regulatory topics will be discussed in greater detail at the IFCA sponsored Transportation Regulatory Workshop held in Bloomington, IL on Wednesday, October 1, 2008.   The Asmark Institute in a partnership with IFCA has been instrumental in assisting IFCA members gain regulatory compliance with USDOT required safety plans, security plans and communication plans.  For more information regarding the new regulation effective October 1, 2008 or for more detailed information required in a security or communications plan, please contact the IFCA office. 

Two NH3 Releases This Week

Two IFCA members experienced significant anhydrous ammonia releases this week.  One was the loss of a nurse tank due to attempted theft, and the other release was from a storage tank (cause yet to be determined).   

We can not stress how important it is to contact the proper authorities within 15 minutes of a reportable quantity release.  Failing to call the Illinois Emergency Management Agency, the National Response Center and your Local Emergency Planning Committee within 15 minutes of a reportable release (for ammonia, 100 lbs) is a major violation and you can expect to be penalized by the State of Illinois and the USEPA.   You must also provide a written follow-up report to IEMA within 7 days of the incident. 

Instructions for reporting a release can be found on the IFCA website at www.ifca.com then click on Regulations and then "Emergency Response Info" or call IFCA for assistance.