Final Rule: 18 Hazmat Rule Petitions Adopted

Update 05/10/24

Update: A Final Rule to adopt 18 hazardous materials petitions-for-rulemaking from the regulated community was published recently and took effect on April 3, 2024. Petitions adopted address topics such as an exception for lithium-ion button cells, more flexible packaging options, harmonized requirements for extremely small quantities for PG I poisons, and others more.

The Final Rule (Docket ID HM-219D) revises the Hazardous Materials Regulations (HMR) by adopting these petitions—submitted between May 2018 and October 2020—to update, clarify, and improve the regulations. 

Changes to the HMR include revisions to: 

• Allow more flexible packaging options for compressed natural gas in cylinders.
• Streamline the approval process for repairing specific cylinders. 
• Harmonize with international standards for de minimis amounts of Division 6.1, PG I materials.
• Clarify exceptions for marking packages that contain lithium button cells in equipment. 
• Clarify rules for filling cylinders used to transport hydrogen and hydrogen mixtures. 
• Require a marking on cylinders to indicate compliance with certain HMR provisions. 
• Allow shippers to use additional descriptions for certain gas mixtures. 
• Update explosives safety documents incorporated in the HMR by reference. 
• Modify the definition of “liquid” to incorporate an additional test method for fluidity.
• Incorporate-by-reference five Compressed Gas Association (CGA) publications.

Updated 04/26/23: Comment Period Extended

PHMSA has extended the public comment period for a recent proposed rule to adopt petitions for rulemaking and update certain hazmat regulations. PHMSA will now accept public comments on the rulemaking (HM-219D), until June 16, 2023.. 

Who Petitioned PHMSA?

PHMSA occasionally revises the hazmat regulations to incorporate petitions from shippers, carriers, packaging manufacturers, industry associations, and others.

When stakeholders with practical hazardous materials experience suggest improvements or clarifications to the rules, PHMSA listens. While the agency does not adopt every petition submitted, the process is a productive way for the regulator and the "regulated" to work together to improve hazardous materials transportation safety. 

Lion will provide an update on this proposal, if and when it is finalized with or without change. 

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