November 29, 2021

Volume XI, Number 333

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November 29, 2021

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PHMSA NPRM to Harmonize Limited Quantity Exceptions for Corrosive Materials with UN Model Regulations

Earlier this month, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Proposed Rulemaking (NPRM) in response to various petitions for rulemaking submitted by shippers, carriers, manufacturers, and industry representatives. Overall, the NPRM is expected to reduce the burdens on the regulated community in a number of important areas.

Most notably, PHMSA is proposing to harmonize the limited quantity exceptions of more than 100 entries for corrosive materials in the Hazardous Materials Table (HMT), with the UN Model Regulations. This proposal would see Column (8A) of the HMT contain a reference to 49 CFR § 173.154, as opposed to stating “none”, making these materials eligible for the limited quantity exception for Class 8 corrosive materials. Utilization of this exception can allow these shipments to be excepted from certain labeling, shipping paper, and placarding requirements typically required under the Hazardous Materials Regulations (HMR).

Specifically PHMSA is proposing to (among other proposals):

  • Revise Column (8A) of the HMT for ‘‘UN2014, Hydrogen peroxide aqueous solution’’ to allow limited quantities packaging exceptions for this material by referencing § 173.152 for exceptions for Division 5.1 oxidizers;

  • Allow for all waste materials to be managed in accordance with the lab pack exception and associated paragraphs in § 173.12 irrespective of whether they meet the definition of an EPA/RCRA hazardous waste by adopting a definition of waste material;

  • Revise the HMR, consistent with the International Maritime Dangerous Goods (IMDG) Code, to allow a minimum height of 12 mm (0.47 inches) for proper shipping name markings on portable tanks with a capacity of less than 3,000 L (792.52 gallons);

  • Revise Column (8A) (exceptions) of the HMT consistent with the UN Model Regulations for 114 identified entries;

    • PHMSA has stated that the shipment of limited quantities of similar materials is already permitted under the HMR and expanding the exceptions to these additional materials would not cause a reduction in safety;

  • Prohibit after December 31, 2020, the use of rail tank cars with shells or heads constructed of non-normalized steel used for transportation of poison-by-inhalation (PIH) materials;

  • Remove the reference to Special Provision 103 in § 172.101 from Column (7) for four HMT entries to allow them to be shipped as safety devices and 

  • Remove the words ‘‘manufactured before September 1, 1995’’ from § 180.417(a)(3) to allow for an alternative report for cargo tanks manufactured after September 1, 1985.

Comments on this NPRM must be submitted by October 15, 2019. 

© 2021 Keller and Heckman LLPNational Law Review, Volume IX, Number 239
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About this Author

Trent Doyle Environmental Compliance Attorney Keller Heckman Law Firm
Partner

Trent M. Doyle advises clients on all types of environmental matters, including compliance with U.S. and international chemical control laws, transportation of dangerous goods regulations, hazardous materials regulations, and community right-to-know laws. He also has special expertise in environmental permitting.

Mr. Doyle counsels clients on a wide spectrum of environmental and transportation matters, including those pertaining to chemical control, facility permitting (e.g., Clean Air Act, Clean Water Act), hazardous materials shipping...

202-434-4161
Taylor D. Johnson ASSOCIATE Keller Heckman California's Proposition 65 Chemical Control Environmental Litigation Transportation Workplace Safety and Health
Associate

Taylor Johnson is an environmental lawyer specializing in the area of environmental regulation of products, including chemical control, pesticides, energy efficiency regulation, and importantly, domestic and international transportation of hazardous materials. Mr. Johnson also advises clients on community-right-to-know laws, Proposition 65, occupational safety and health matters, and supports a wide variety of commercial tort and other litigation issues.

Mr. Johnson has special expertise in the area of hazardous materials transport, including enforcement defense and compliance...

202-434-4255
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