In response to twenty petitions for rulemaking submitted by the Chlorine Institute, Compressed Gas Association, and other members of the regulated community, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a notice of proposed rulemaking on June 30, 2016 that, if finalized, will amend its hazardous materials regulations to update, clarify, or provide relief from the following miscellaneous regulatory requirements:

  • Testing for Aerosols: Revise approved testing methods to incorporate special permits that allow for alternatives to the hot water bath test.
  • Cargo Tank Specifications: Revise the pressure test requirements in 49 C.F.R. § 180.407(g)(1)(iv) to be consistent with applicable packaging specifications.
  • Chlorine Institute Publications: Update the incorporation by reference citation for chlorine tank cars in 49 C.F.R. § 171.7 to include the following updated Chlorine Institute publications: Emergency Kit “A” for 100-lb. & 150-lb. Chlorine Cylinders, Edition 12, Revision 2 (July 2014); Emergency Kit “B” for Chlorine Ton Containers, Edition 11, Revision 1 (July 2015); Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, Edition 6 (June 2015); and Pamphlet 168, Guidelines for Dual Valve Systems for Bulk Chlorine Transport, Edition 2 (July 2015).
  • International Label and Placard Consistency: Revise 49 C.F.R. §§ 172.519(f) and 172.407(f) to allow for the use of labels and placards conforming to the specifications of UN Recommendations, ICAO Technical Instructions, the IMDG Code, or the Transport Canada TDG Regulations.
  • Limited Quantities of Ammonium Nitrate by Vessel: Add an exception to the requirement to obtain a permit for ammonium nitrate UN1942. The exception requires providing notification to the nearest Captain of the Port at least twenty-four hours prior to loading or unloading quantities of ammonium nitrates in excess of 1,000 pounds from a vessel at a waterfront facility.
  • Use of Combination Packages Tested with a Liquid: Revise testing requirements for packages to allow liquids to be used in place of solid materials.
  • Toxic by Inhalation Tank Car Lifespan: Extend the service life of interim complaint toxic inhalation hazard (TIH) tank cars to the full service life of other tank cars authorized under 49 C.F.R. § 215.203 of the Federal Railroad Administration (FRA) regulations. PHMSA is proposing to revise § 173.31(e)(2)(iii), which specifies a 20-year allowable service life for tank cars transporting TIH materials that were built to specifications contemplated in the HM-246 tank car rulemaking, because it is still working toward developing and implementing an enhanced performance standard for TIH materials tank cars.
  • Limited Quantity Pallets: Permit the use of pallets made of non-wood materials for limited quantities.
  • Emergency Response Numbers: Revise requirements to no longer require emergency response numbers on shipping papers for excepted quantities of hazardous materials.
  • Cylinder Valves and Protection Caps: Add valve and protection cap requirements for cylinders as outlined in the Compressed Gas Association Standard for Compressed Gas Cylinder Valves, Seventh Edition.
  • Recordkeeping Requirements for Portable Tanks: Revise recordkeeping requirements for portable tanks certified in accordance with the ASME Code.
  • Service Pressure Marking for DOT 8 and DOT 8L Cylinders: Revise 49 C.F.R. § 178.35 to no longer require the marking of service pressure on DOT 8 and DOT 8L cylinders.
  • Incorporation of CGA Publication: Incorporate by reference the Compressed Gas Association’s Guide to Classification and Labeling of Compressed Gases, Tenth Edition.
  • Printing Tolerances for Labels and Placards: Revise the printing tolerances for label and placard sizes.
  • Definitions for “Basic Description” and “Shipping Description”: Revise 49 C.F.R. § 171.8 to include definitions for “basic description” and “shipping description,” which are used to describe the information required on shipping papers in accordance with 49 C.F.R. Part 172, Subpart C.
  • Use of Electronic Manifest: Add paragraph (j) to § 172.205 to allow the use of electronic signatures when completing hazardous waste manifests (form 8700-22 and 8700-22A).
  • Marked Date of Manufacture on Composite IBCs: Amend to acknowledge that the marked date of manufacture on a composite Intermediate Bulk Container (IBC) may differ from the marked date of manufacture on the inner receptacle of that IBC.
  • Basis Weight Tolerances for Liners and Mediums Used in the Manufacture of Specification UN 4G Fiberboard Boxes: Revise the basis weight tolerance provided in § 178.516(b)(7) from ± 5 percent to ± 10 percent from the nominal basis weight reported in the initial design qualification test report for 4G boxes.

For additional information on this topic, please contact Amy Wachs.