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DHS, Coast Guard Increase Hazmat Shipping and CFATS Penalties

Posted on 11/22/2021 by Roger Marks

Last month, October 2021, the US Coast Guard—which enforces hazardous materials regulations in vessel transportation—adjusted their maximum civil penalties to keep pace with inflation. The annual penalty increase occurred separately from US DOT’s penalty adjustments because the Coast Guard is part of the Department of Homeland Security (DHS).

US DOT sub-agencies including PHMSA, FAA, FMCSA, and FRA increased civil penalties for violations of the Hazardous Materials Regulations (HMR) twice in 2021 to keep pace with inflation. Now, the Coast Guard has maximum civil penalties to match. 

Adjusted Hazmat Civil Penalties for Vessel Shippers
Penalty name Was Now
Hazardous Materials: Related to Vessels $83,439 $84,425
Hazardous Materials: Related to Vessels–Fatalities,
Serious Injury/Illness, or substantial property damage
$194,691 $196,992
Hazardous Materials Related to Vessels; Training $502 $508
 
Along with higher penalties for hazmat shipping and employee training violations, penalties related to hazardous substance releases, oil discharges, and other Coast Guard regulatory programs were also inflation adjusted.

Max CFATS Penalty Increased to $35,905

The maximum civil penalty for violations of Chemical Facility Anti-Terrorism Standards (CFATS) also increased, to $35,905 per day. 

CFATS applies to chemical facilities that present "high levels of security risk," as determined by the Department of Homeland Security. Because large volumes of hazardous chemicals may be attractive targets for terrorists, facilities covered by CFATS must take precautions to stop bad actors who seek to gain control of these materials or sabotage operations at the facility. 

How the Coast Guard Regulates Hazmat Transport 

The US Coast Guard's Hazardous Materials Division develops regulatory standards for safe transportation of hazardous materials by vessel. They also collaborate with US DOT PHMSA to develop consistent hazmat rules for shipments in and out of the United States.

The Coast Guard represents the US in the United Nations’ International Maritime Organization (IMO). The IMO develops international dangerous goods vessel transportation rules and produces the IMDG Code.

IMDG Code Compliance in 2022 

Hazmat vessel shippers must comply with standards set in the International Maritime Dangerous Goods Code (IMDG Code). The IMO publishes a new edition of the IMDG Code in every even numbered year. 

The 2020 IMDG Code (incorporating Amendment 40–20) will come into force on a delayed scheduled. Mandatory compliance for hazmat vessel shippers will start on June 1, 2022. The new edition can be applied voluntarily as of January 1.  

Last 49 CFR and IMDG Code Webinars for 2021!

Join Lion for the final live, instructor-led hazmat shippers webinars in 2021 to keep your hazmat shipping certifications up to date and help satisfy US DOT and IMO training mandates for hazmat employees. 

Live webinars blend the convenience of online training with the expert-led learning experience you expect from Lion's instructors. Enroll now and wrap up required hazmat training before the holidays!
 
Recurrent Hazmat Ground Shipper Certification (DOT)    Dec. 1
Initial Hazmat Ground Shipper Certification (DOT)  Dec. 14–15
Hazmat Vessel Shipper Certification (IMDG)  Dec. 17

Tags: hazardous materials, hazmat shipping, hazmat vessel shipping, IMDG Code

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