PHMSA on Monday issued Emergency Waivers for persons conducting EPA-directed recovery and cleanup operations in areas affected by hurricanes Harvey and Irma. This waiver will provide reprieve from compliance requirements under the Hazardous Materials Regulations (HMR) under certain conditions.
PHMSA has determined that regulatory relief is in the public
interest and will help ensure a speedy, efficient recovery and cleanup in areas affected by hurricanes Harvey and Irma. The waivers will remain in place until October 25.
This waiver applies to persons conducting operations under the direction of EPA Region 6 within the disaster and emergency areas in Texas and Louisiana.
Waiver #2 waiver applies to persons conducting operations under the direction of EPA Region 2 or Region 4, or the US Coast Guard, within the disaster and emergency areas in Florida, Puerto Rico, South Carolina, and the US Virgin Islands.
The third waiver applies to persons conducting operations under the direction of EPA or the US Coast Guard in the Hurricane Irma emergency area of Georgia
PHMSA’s Authority to Grant Hazmat Waivers
Under 49 CFR 1.97(b)(3), PHMSA is authorized to waive compliance with any part of the HMR, provided that the waiver is:
- In the public interest;
- Not inconsistent with the safety of hazmat transport; and
- Necessary to facilitate safe movement of hazardous materials into, from, and within an area of major disaster or emergency.
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