On July 20, 2011, at 76 FR 43510 the Pipeline and Hazardous Materials Safety Administration (PHMSA) amended the Hazardous Material Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements.
These amendments were based on petitions from the regulated community and PHMSA’s own initiative. The amendments are intended to update, clarify, or provide relief from existing regulations in order to promote safer practices, eliminate unnecessary requirements, finalize outstanding petitions, facilitate international trade, and make the HMR easier to understand
Significant provisions of this final rule include:
Updated Incorporations by Reference (IBR) of Industry Consensus Standards
Aluminum Association—New Address
American Society for Testing and Materials—New Standard: ASTM E 290-97a “Standard Test Methods for Bend Testing of Material for Ductility”
Association of American Railroads—New Guidance: “Intermodal Loading Guide for Products in Closed Trailers and Containers”
Institute of Makers of Explosives—Revised Recommendation: “IME Safety Library Publication No. 22 Recommendation for the Safe Transport of Detonators in a Vehicle with Certain Other Explosives”
More Revisions to Special Permit Applications
Applications for special permits, including renewals and party status, must identify the applicant as a shipper (offeror), carrier (transporter), or both.
New Definition of “Person”
The HMR’s official definition of person included anyone who transports hazmat or offers it for transportation. The revised definition of “person” now includes those who manufacture, test, repair, and recondition packages. This brings the regulatory definition into conformance with the DOT’s statutory authority.
New entry in the Hazardous Materials Table for “Formaldehyde solutions (with not less than 10% and less than 25% formaldehyde)”
New special provision to clarify differences between Class 3 and Class 9 formaldehyde solutions
New exceptions and packing instructions for “permeation devices” used to calibrate air quality monitoring equipment
New Special Provision 173 provides packaging exceptions for certain adhesives, inks, paints, and resin solutions assigned to UN3082
New Special Provision 176 clarifies differences between Class 3 and Class 9 formaldehyde solutions
Labels and Placards
Intermediate Bulk Containers (IBCs) that display labels rather than placards, may be marked as non-bulk packages rather than as bulk
Revised specifications for Division 6.2 and Class 9 Labels
PHMSA is eliminating the obsolete transitional provisions in Section 171.14, some of which date back to 1991. All remaining transitional provisions are moved to the applicable section of the HMR.
Revised loading and carriage provisions for explosives
New pressure relief procedures for unloading tank cars
Motor carriers can now use bins to consolidate hazmat shipments
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This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.