{"id":2012,"date":"2013-05-01T09:48:46","date_gmt":"2013-05-01T13:48:46","guid":{"rendered":"http:\/\/regulatory.blog\/?p=2012"},"modified":"2013-05-01T09:48:46","modified_gmt":"2013-05-01T13:48:46","slug":"phmsa-increases-potential-fines-for-non-compliance","status":"publish","type":"post","link":"https:\/\/www.thecompliancecenter.com\/ca\/help-center\/articles\/phmsa-increases-potential-fines-for-non-compliance\/","title":{"rendered":"PHMSA Increases Potential Fines for Non-Compliance"},"content":{"rendered":"

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has increased the potential penalties for failing to comply with the Hazardous Materials Regulations <\/em>(HMR).<\/p>\n

Under Title 49, Code of Federal Regulations<\/em> (49 CFR), hazardous materials must be transported in accordance the rules set out in Parts 100-185 of the HMR. Failing to follow these minimum standards can result in serious risk to the public, as well as environmental and property damage. Therefore, the potential penalties for lack of compliance must be appropriate. These penalties are set by Congress, but must be reflected in the HMR itself. Civil penalties are fines; there are criminal penalties involving prison sentences for violations that are \u201cwillful or reckless\u201d.
\n<\/p>\n

Penalties must be kept current, and reflect not only inflationary changes, but also the government\u2019s concern ab that the regulations are taken seriously by stakeholders. Therefore, on July 6, 2012, the U.S. Congress revised the maximum and minimum civil penalties for a \u201cknowing violation\u201d of the Federal hazardous material transportation law, or legal requirements under that law, such as regulations, special permits, inspectors\u2019 orders or special approvals issued under that law. Details on these new penalties may be found in 49 U.S.C. 5123(a). The new penalties take effect on violations that occurred on or after October 1, 2012.<\/p>\n

To follow Congress\u2019 lead, PHMSA issued a Final Rule ([Docket No. PHMSA\u20132012\u20130257 (HM\u2013258)], RIN 2137\u2013AE96) on April 17, 2013, that incorporated the new civil penalties. These involve:<\/strong><\/p>\n