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Final Rule Alert: Hazmat Harmonization Rule HM-215P

Posted on 7/26/2022 by Roger Marks

Update: 10/10/22

On September 21, PHMSA hosted a webinar and Q&A session to discuss changes to the Hazardous Materials Regulations (HMR) in the final harmonization rule that took effect on August 25 (HM-215P). 

A recording of the webinar was posted to PHMSA's YouTube page.  

 


Update: 08/16/22

On August 16, PHMSA issued a correction to its recent Final Rule (HM-215P) to align the Hazardous Materials Regulations with international standards. In the Rule published last month, PHMSA inadvertently removed paragraphs (i) and (ii) from 49 CFR 173.27(c).

The correction restores those paragraphs. The Final Rule takes effect on August 25, 2022.
Update 07/26/22

On July 26, DOT PHMSA published a Final Rule (HM-215P) to align the Hazardous Materials Regulations (HMR) with international regulations and standards. The Final Rule takes effect on August 25, 2022.

PHMSA is also withdrawing an October 2020 Notice of Enforcement policy that allowed shippers to follow the latest editions of the ICAO Technical Instructions (TI) and IMDG Code while this Final Rule was pending. 

Lion Members: Get a full breakdown of changes in the new harmonization rule in the Member Bulletin sent on July 27. 


Original Article (Posted 07/01/22) 

US DOT is working on two rules to harmonize the 49 CFR Hazardous Materials Regulations (HMR) with international standards like the UN Model Regulations, the ICAO Technical Instructions (TI), and the IMDG Code over the next 18 months. 

Called “harmonization rulemakings,” these rules are completed every two years (approximately) to facilitate international transportation of hazardous materials and keep US regulations up to date with evolving safety standards. 

The most recent 49 CFR harmonization rule to be finalized was HM-215O, in May 2020.

Next Up: HM-215P

The first rule will harmonize the US regulations with international standards that took effect on January 1, 2021. DOT proposed this rulemaking (HM-215P) on August 10, 2021.

The proposal includes revisions that impact the transportation of lithium batteries, including changes related to the marking required on smaller cells or batteries (173.185(c)(3)), shipping paper requirements for damaged/defective batteries, and a new exception for data loggers attached-to or contained-in packagings.

Other noteworthy revisions expected in HM-215P include:
  • Incorporating-by-reference the 2021—22 ICAO TI, Amendment 40-20 of the IMDG Code, the 21st revised edition of the UN Model Regulations, and various industry consensus standards; 
  • Adding a new entry on the 49 CFR 172.101 Hazmat Table for certain Category A medical wastes, and other amendments to the Table; 
  • Removing wall thickness requirements for certain metal Intermediate Bulk Containers (IBCs); and
  • Updating the packaging options for UN 2211 and UN 3314.

Lion Members: View a breakdown of HMR revisions expected in HM-215P in the Member Bulletin posted in August at Lion.com/Members.

Next Year: HM-215Q

DOT plans to propose a second harmonization rulemaking soon as well. HM-215Q will harmonize the HMR with international regulations that take effect on January 1, 2023.

Lithium batteries will figure prominently in this Rule too. HM-215Q is expected to remove the requirement to include a phone number on the lithium battery handling marking. In addition, DOT plans to except button cells installed in equipment from the requirement for the lithium battery Test Summary.

DOT expects to publish a proposed rule for public comment this summer.  

Final Rule Alert: Hazmat Harmonization Rule HM-215P


Member Exclusive: Spring 2022 Unified Agenda

Lion Members can view a full breakdown of all the hazardous materials, environmental, and workplace safety regulations that US DOT, EPA, and OSHA are working on now in a recent Member Bulletin.

Upcoming Hazmat Training Workshops 

Develop a step-by-step process to ship hazardous materials/dangerous goods by ground and air, in full compliance with US DOT and international regulations. These upcoming workshops are built to help satisfy 49 CFR (DOT) and IATA DGR training mandates for shippers and "hazmat employees."  
 
Hazmat Ground Shipper Certification (DOT)
Hazmat Air Shipper Certification (IATA) 

  Ground Shipper (DOT)       Air Shipper (IATA)
Orlando Aug. 3–4 Aug. 5
Houston Aug. 16–17 Aug. 18
Los Angeles        Sept. 14–15 Sept. 16
Chicago Oct. 5–6 Oct. 7
 

Hazmat training workshops come to St. Louis, Atlanta, Philadelphia, and Hartford in Fall/Winter 2022. Find upcoming training at Lion.com/Hazmat

US DOT requires training once every 3 years for all hazmat employees (49 CFR 172.704).
For air shippers, the IATA DGR requires training once every 2 years (IATA DGR 1.5)

 

Tags: dangerous goods, hazmat shipping, HM 215P, HM 215Q, new rules

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