Civil Penalties for Hazmat Violations Adjusted by PHMSA

PHMSA issues final rule to increases maximum and minimum fines 10% for violations of the the hazardous materials regulations.

PHMSA adjusts civil penalties for hazmat violations

PHMSA has adjusted their maximum and minimum civil penalties for hazardous materials violations. These adjustments were made through the authority of the goverments Civil Penalties Act of 1990 which provides the formula for the increase based on cost of living analysis. Adjustments were also made in accordance with Section 7120 of the Hazardous Materials Safety and Security Reauthorization Act of 2005 part of Title VII of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LU.

Effective as of December 31 of 2009 maximum civil penalties for violations of hazardous materials regulations, orders, special permits or approvals increased to $55,000 from $50,000. Violations that result in death, serious illness, or severe injury to any person or substantial destruction of property increased to $110,000 from 100,000. The minimum civil penalty is increased to $275, and to $495 for a violation related to training.

PHMSA states that the final rule will not have a significant economic impact on substantial numbers of small entities. The rule applies to shippers and carriers of hazardous materials and persons who manufacture, mark, certify or sell packagings, containers, and packaging components as qualified for use in transporting hazardous materials in commerce, some of whom are small entities. However, there is no economic impact on any person who complies with Federal hazardous material transportation law and the regulations, orders, special permits, and approvals issued under that law.

For more info on rate increases, contact PHMSA's Douglas S. Smith, Office of Hazardous Materials Enforcement, 202-366-4700, or Joseph Solomey, Assistant Chief Counsel for Hazardous Materials Safety, 202-366-4400. PHMSA's mailing address is:  Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Reference final rule FR29DE09-15