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What’s Coming: Hazardous Materials Harmonization Rule Proposed
Last week, on August 24, 2010 (at 75 FR 52070), the U.S. Department of Transportation Pipeline and Hazardous Material Safety Administration (PHMSA) promulgated a notice of proposed rulemaking (NPRM) to amend the Hazardous Material Regulations (HMR) to harmonize with changes to the international standards that come into effect on January 1, 2011.
PHMSA is accepting public comments on this proposal until October 25, 2010. You have until then to study the issues and tell PHMSA what you think of the changes the Agency wants to make. Here is our report on the major issues:
Hazardous Material and Organic Peroxide Tables (49 CFR 172.101; 173.225(c)): Many minor amendments to the 172.101 Table to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limitations, and vessel stowage provisions. The amendments to the Organic Peroxide Tables will add, revise, or remove certain hazardous materials and provisions. Minor conforming amendments to the hazardous materials and organic peroxide tables are generally non-controversial.
Incorporation by Reference: PHMSA will update its incorporation by reference of international regulations (ICAO TI, IMDG Code, UN Model Regulations) to reflect the most recent editions.
Limited Quantity Exceptions: This is a significant set of changes. PHMSA is proposing to adopt the new international limited quantity provisions for ground and vessel transportation, including the new marking and the removal of the shipping paper requirement. Because the American provisions for limited quantities and consumer commodities have traditionally been so different from international standards, there will be a lengthy transition and phase-in period for the new standards.
In Vitro Classification of Corrosive Materials: In response to a petition for rulemaking (P-1550) from the the People for the Ethical Treatment of Animals (PETA), PHMSA intends to incorporate by reference OECD Guidelines 430, 431, and 435 into the HMR that prescribe in vitro (animal-safe) testing methods for determining corrosivity.
The NPRM also discusses alternate methods for classifying “sour crude oil” and certain Division 1.4S explosive devices, as well as standards for IBC rebottling and metal hydride storage systems in vehicles. These topics are discussed in depth in the ANPRM comment summary.
What Isn’t Being Considered?
PHMSA does not automatically adopt every amendment to the international dangerous goods regulations. While some items are off-topic, unnecessary, or outside the scope of the Department of Transportation’s authority, others are contrary to domestic interests and ignored. In other cases, PHMSA handles amendments in other distinct rulemakings. The following is a listing and discussion of significant amendments to international regulations that PHMSA is not proposing to adopt in this NPRM.
Requirements for Radioactive Materials: Due to the complexity of the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Materials, PHMSA is handling amendments to the provisions for the transport of Class 7 (radioactive) materials in a separate rulemaking.
Requirements for Lithium Batteries: Due to the high-profile nature and great public interest in any revisions to the requirements for transporting lithium batteries, PHMSA is handling all rule changes for lithium battery shipments in a separate proposed rulemaking (HM–224F; 75 FR 1302) originally published January 11, 2010.
Requirements for Air Packaging: PHMSA is considering amendments to the HMR related to the reformatted packing instructions in the 2011–2012 ICAO TI in a separate rulemaking docket. PHMSA published an ANPRM on July 7, 2008 (73 FR 38361) and, on May 14, 2010, an NPRM (75 FR 27273).
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