PHMSA/DOT ISSUE PROPOSED RULEMAKING TO AMEND PROVISIONS OF U.S. HAZMAT REGULATIONS
July 10, 2023
On May 30, 2023, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) along with DOT issued a NPRM to propose amendments to PHMSA’s Hazardous Materials Regulations (“HMR”). Specifically, PHMSA seeks to amend certain sections of the HMR to maintain alignment with international regulations on hazmat standards by adopting several new changes, like changes to proper shipping names (“PSN”), hazard classes, packing groups (“PG”), special provisions (“SP”), packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Some additional proposed amendments to the HMR include the incorporation by reference of certain updated versions of international hazmat regulations and standards into the HMR, amendments to PHMSA’s Hazardous Materials Table, and a proposal to remove the exceptions provided for small lithium cells and batteries for transport by aircraft consistent with the elimination of similar provisions in the ICAO Technical Instructions.
The NPRM also notes that PHMSA is seeking the changes since it believes harmonization of the HMR with international regulations and consensus standards could reduce delays and interruptions of hazardous materials during transportation, and lower greenhouse gas emissions and related safety risks to certain low-income, minority, and disadvantaged populations and communities that live near the storage sites and transportation hubs where hazmat is present. Interested parties are encouraged to submit comments on the NPRM here, until July 31, 2023.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665.
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