PHMSA Proposes to Harmonize Hazmat Regs with Int'l Standards

(PHMSA issued an advanced notice of proposed rulemaking in October 2009 highlighting issues under consideration for harmonization with international standards and requesting comments as to whether the HMR should be amended to incorporate specific international standards and the potential benefits and costs of doing so. See ITT’s Online Archives or 10/23/09 news, 09102330, for BP summary.)

Comments on the proposed rule are due by October 25, 2010.

Revisions Would Harmonize HMR with Recent Changes Made to International Standards

PHMSA states that the proposed revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI), and the United Nations Recommendations on the Transport of Dangerous Goods-Model Regulations (UN Model Regulations).

Specifically, PHMSA is proposing:

Amendments to Hazardous Materials Table. Amendments to the HMT 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.

Limited quantity exceptions. Amendments for the highway, rail, and vessel transportation of limited quantities, based on the recently adopted limited quantity provisions in the UN Model Regulations and IMDG Code. Amendments for the air transportation of limited quantities, based on the 2011-2012 revision of the ICAO TI.

In addition, amendments are proposed to provide a transition period for complete alignment of the HMR limited quantity eligibility (including consumer commodities and certain articles of Class 2 and Division 1.4S reclassed as ORM-D), when transported by all modes (domestic and international), in accordance with HMR requirements that are based on international standards for limited quantities and consumer commodities.

Amendments to Organic Peroxide Tables. Amendments to the Organic Peroxide Tables to add, revise, or remove certain hazardous materials and provisions.

Incorporation of standards by reference. Amendments to incorporate by reference the 2011-2012 ICAO TI, Amendment 35-10 to the IMDG Code, and the Sixteenth Revised Edition of the UN Model Regulations.

Additionally, PHMSA is proposing to update its incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 6 (SOR/2008-34) February 7, 2008 (pertains to miscellaneous amendments); and Amendment 7 (SOR/2007-179) August 22, 2007 (pertains to highway cargo tanks). This incorporation by reference augments the broad reciprocity provided in 49 CFR 171.12 where the HMR allow the use of the Canadian TDG Regulations under certain conditions when transporting hazardous materials to or from Canada by highway or rail.

Classification of sour crude oil. Amendments to include the new proper shipping name in the UN Model Regulations -- “Petroleum sour crude oil, flammable, toxic” -- with the letter “I” in Column (1) of the HMT indicating that this description may be used for international transportation. PHMSA notes that it is not proposing to require use of the new proper shipping name for domestic transportation.

Additionally, PHMSA is proposing a new marking be applied to bulk packagings containing sour crude in order to communicate the potential inhalation risk in transportation.

Classification of certain Division 1.4S explosives. For eight Division 1.4 explosive articles (UN0323, UN0366, UN0441, UN0445, UN0455, UN0456, UN0460, and UN0500), the UN Model Regulations have been amended to require a Type 6(d) test to determine whether an article may be assigned to Compatibility Group S.

PHMSA proposes to require the incremental testing of all new and previously approved designs, depending on the intended mode of transport, under the newly adopted criteria for those affected articles expected to obtain or retain a Division 1.4S classification. For newly produced explosive articles, a person who successfully performs the Type 6(d) test would not be required to also perform the Type 6(a) test.

Definition of “repair” for IBCs. To adopt the UN Model Regulations’ revised definition of “repair” for composite intermediate bulk containers (IBCs). (Under both the UN Model Regulations and the HMR, replacement of the rigid plastic receptacle of a composite IBC is considered a “repair” under certain conditions and, thus, not subject to design qualification testing as a new or different design.)

Metal hydride storage system in conveyances. To adopt the standards for the construction, qualification, marking and requalification of hydrogen in metal hydride storage systems adopted in the UN Model Regulations.

OECD in vitro methods. To adopt and authorize the use of the Organization for Economic Cooperation and Development (OECD) in vitro methods (Nos. 430, 431, and 435) to determine the corrosivity of certain substances.

(PHMSA notes that it is not proposing to adopt certain significant amendments to the international regulations, such as: requirements for radioactive materials, requirements for lithium batteries, and requirements for air packaging as they have been or will be addressed in separate rulemakings.

See ITT’s Online Archives or 01/11/10 news, 10011115, for BP summary of PHMSA’s proposed rule on lithium batteries. See ITT’s Online Archives or 05/14/10 news, 10051418, for BP summary of PHMSA’s proposed rule on air packaging.)

(FR Pub 08/24/10, D/N PHMSA-2009-0126 (HM-215K))