Lion's office will be closed on Friday, July 4, in observance of Independence Day. For help with online training, please contact support@lion.com.
Search

PHMSA OK’s Use of DG Hazmat Rules for Highway, Rail Transport

Posted on 2/7/2025 by Lion Technology Inc.

Move Should Simplify Compliance for Sodium Ion Batteries

In a memo to the regulated community late last year, PHMSA made two important enforcement-related announcements for shippers of hazardous materials in 2025. The first part of the announcement will streamline regulatory compliance for shippers of hazardous materials by air or vessel. The second part provides flexibility for shippers of certain types of hazmat by highway or rail.  

Shipping by Hazmat Air and Vessel in 2025 (ICAO TI, IMDG Code) 

First, PHMSA announced that the agency will not take enforcement action against any person who offers or accepts hazardous materials for transportation in violation of US regulations if: 
 
  • the shipment complies with the 2025-26 editions of the ICAO Technical Instructions or IMDG Code, and 
  • all or part of the journey is by air or vessel. 
This part of the enforcement memo is typical from PHMSA. To facilitate international commerce and streamline compliance for stakeholders in the US, the agency allows shippers to use international rules like the ICAO Technical Instructions and the IMDG Code to prepare their shipments, as long as the consignment will travel by air or vessel or at least part of the trip. 

Most major air and cargo ship carriers require compliance with the international rules. Without this enforcement “break” from PHMSA, some shippers would be forced to follow the 49 CFR Hazardous Materials Regulations (HMR) to ship cargo to the airport, only to then re-label or re-package the cargo at the airport to comply with the ICAO TI. 

Using ICAO or IMDG for Highway or Rail Transportation

Later in the memo, PHMSA also says this: 

"In addition, for transport by rail and highway to, from, or within the United States, PHMSA will not take enforcement action against any offeror or carrier who offers or accepts hazardous materials identified and described on a shipping paper and/or packages marked and/or labeled in accordance with these standards—provided that appropriate emergency response information consistent with 49 CFR Part 172, Subpart G, accompanies the shipment." 

This new policy provides flexibility for shippers of hazardous materials that are newly regulated under the latest ICAO and/or IMDG regulations but are not yet regulated domestically—namely sodium ion batteries.

PHMSA OK’s Use of DG Hazmat Rules for Highway, Rail Transport

The current edition of the ICAO Technical Instructions, for example, includes dangerous goods list entries for sodium ion batteries—UN 3551 and UN 3552. These batteries are not yet regulated as hazardous materials in the US. Therefore, a shipper in the US who offers sodium batteries for transportation by air or vessel might run into confusion or shipping delays because they marked or labeled an "unregulated" product as hazmat. 

By clarifying that these batteries may be offered in line with the international standards, even when shipped by highway and rail, PHMSA hopes to simplify supply chain logistics for shippers of sodium batteries, stateside freight forwarders, and carriers, It should also improve supply chain safety overall, as shippers apply more stringent standards to a "non-hazmat" product.  

 

Tags: hazardous materials, international regulations, sodium ion batteries

Find a Post

Compliance Archives

Lion - Quotes

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

Lion does a great job summarizing and communicating complicated EH&S-related regulations.

Michele Irmen

Sr. Environmental Engineer

As always, Lion never disappoints

Paul Resley

Environmental Coordinator

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

The course was very well structured and covered the material in a clear, concise manner.

Ian Martinez

Hazmat Shipping Professional

I love that the instructor emphasized the thought process behind the regs.

Rebecca Saxena

Corporate Product Stewardship Specialist

Download Our Latest Whitepaper

This guide will help you identify 25 of the most -cited errors in RCRA training, recordkeeping, hazardous waste ID, container management, universal waste, and laboratories.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.