Details of PHMSA Final Rule Amending HMR to Align With International Standards

While the final rule is effective January 19, 2011, PHMSA is authorizing voluntary compliance beginning January 1, 2011. Compliance is only required beginning January 1, 2012.

Highlights of PHMSA Responses to Comments

The following are highlights of PHMSA responses to the 2,200 comments¹ the agency received on its August 2010 proposed rule:

Revisions Harmonize HMR with Recent Changes Made to International Standards

PHMSA states that the final rule’s 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). PHMSA adds that it has issued eight international harmonization rules since it first published a final rule in 1990 which comprehensively revised the HMR to harmonize it with international regulations.

More Flexibility on Hydrogen Sulfide Warning on Bulk Packaging of Sour Crude

In this final rule, PHMSA is amending the marking requirement originally proposed toprovide more flexibility to shippers and carriers by allowing a text warning such as ‘‘Danger, Possible Hydrogen Sulfide Inhalation Hazard’’ on bulk packagings containing sour crude to communicate the potential inhalation risk in transportation.

Highlights of Final Rule

The following are highlights of the amendments made by the final rule, which PHMSA sources confirm is substantially similar to its proposed rule (partial list):

Amendments to Hazardous Materials Table -- adopts 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 provisions -- adopts 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; and amendments for the air transportation of limited quantities, based on the 2011-2012 revision of the ICAO TI.

In addition, the final rule provides a transition period for limited quantity markings under 49 CFR 172.315 which states that except for transportation by aircraft (which has until December 31, 2012 to comply), until December 31, 2013, a package properly marked in accordance with 49 CFR 172.316 is not required to be marked with the limited quantity marking required by the final rule.

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

Incorporation of standards by reference - incorporates by reference the 2011-2012 ICAO TI, Amendment 35-10 to the IMDG Code, the Sixteenth Revised Edition of the UN Model Regulations, and the fifth revised edition of the UN Manual of Tests and Criteria.

Additionally, PHMSA is updating 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 -- A new special provision 357 is added and assigned to the entry ‘‘Petroleum crude oil, UN1267’’ to clarify that when transported internationally, petroleum crude oil containing hydrogen sulfide in sufficient concentration that vapors evolved from the crude oil can present an inhalation hazard must be transported under the entry ‘‘Petroleum sour crude oil, flammable, toxic, UN3494.’’ For domestic transportation, use of the toxic description is not required; however, a bulk package is required to be marked in accordance with the requirement of new 49 CFR 172.327.

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. (Assignment to Compatibility Group S indicates that hazardous effects from accidental functioning are limited to the extent the article or substance does not significantly hinder or prohibit fire fighting or emergency response efforts in the immediate vicinity of a package containing the material.)

Definition of “repair” for IBCs - adopts 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 - adopts 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 -- adopts and authorizes 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 adopting 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.)

¹PHMSA notes that majority of the comments received were from People for the Ethical Treatment of Animals (PETA) and individuals with similar views regarding their support of corrosivity testing that is not based on the results of live animal testing.

(FR Pub 01/19/11, PHMSA-2009-0126)