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DOT Issues COVID-19 Enforcement Discretion for Cylinder Requalification Requirements

On April 6, 2020, the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Enforcement Discretion (Notice) regarding periodic requalification requirements for certain cylinders used to transport non-flammable gases, such as oxygen or carbon dioxide, in recognition of the business disruptions and supply challenges resulting from the COVID-19 public health emergency. [1]

PHMSA has indicated that it will not take enforcement action against any person who fills a DOT-specification cylinder used to transport Division 2.2 non-flammable gas that is overdue for periodic requalification (in contravention of 49 CFR 173.301(a)(6)), as long as the cylinder is not more than 12 months overdue and is otherwise in compliance with all DOT Hazardous Materials Regulations (HMR) requirements. Pre-fill inspection requirements remain applicable and the relief is limited to cylinders transported by motor vehicle. It does not extend to transport by air, vessel or railroad.

This Notice of Enforcement Discretion expires on July 6 or when the public health emergency related to COVID-19 is declared over by the Department of Health and Human Services (whichever is sooner).

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Trent Doyle Environmental Compliance Attorney Keller Heckman Law Firm
Partner

Trent M. Doyle advises clients on all types of environmental matters, including compliance with U.S. and international chemical control laws, transportation of dangerous goods regulations, hazardous materials regulations, and community right-to-know laws. He also has special expertise in environmental permitting.

Mr. Doyle counsels clients on a wide spectrum of environmental and transportation matters, including those pertaining to chemical control, facility permitting (e.g., Clean Air Act, Clean Water Act), hazardous materials shipping...

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Taylor D. Johnson ASSOCIATE Keller Heckman California's Proposition 65 Chemical Control Environmental Litigation Transportation Workplace Safety and Health
Associate

Taylor Johnson is an environmental lawyer specializing in the area of environmental regulation of products, including chemical control, pesticides, energy efficiency regulation, and importantly, domestic and international transportation of hazardous materials. Mr. Johnson also advises clients on community-right-to-know laws, Proposition 65, occupational safety and health matters, and supports a wide variety of commercial tort and other litigation issues.

Mr. Johnson has special expertise in the area of hazardous materials transport, including enforcement defense and compliance counseling. Mr. Johnson helps companies secure competent authority approvals, special permits, and letters of interpretation from regulatory authorities around the world. He has also prepared successful petitions to PHMSA on behalf of shippers seeking regulatory relief.

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