[ID] => 10367
[post_author] => 34
[post_date] => 2018-11-26 12:33:55
[post_date_gmt] => 2018-11-26 12:33:55
[post_content] => Those subject to the US Hazardous Materials Regulations (HMR) have had a quiet couple of years, with the current presidential administration hostile to the imposition of additional regulatory burdens. However, on 7 November, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a wide-ranging final rule that has resulted in changes throughout HMR.
The final rule, issued under docket HM-219A, came in response to 19 petitions for rulemaking to update, clarify, streamline, or provide relief from miscellaneous regulatory requirements. Adoption of the changes therefore allows more efficient and effective ways of transporting hazardous materials in commerce, achieving current political goals, while maintaining an equivalent level of safety.
While a number of the amendments are editorial in nature or update references to other publications, several provide a substantive degree of change.
- Revisions to §§172.519(f) and 172.407(f) allow for the use of labels and placards conforming to the specifications in the UN Recommendations, ICAO Technical Instructions, IMDG Code, or TDG Regulations. Additionally, the word “approximately” is inserted in §172.407(c) to allow for tolerance in the size of the inner border on labels, with a similar change in §172.519(c) for placards.
- Revision of §172.205 to allow the use of electronic signatures when completing EPA forms 8700-22 and 8700-22A.
- There will no longer need to be an emergency response number shown on shipping papers for excepted quantities of hazardous materials.
- A revision to §173.24a allows packages tested with a liquid material to be filled with a solid material of the equivalent packing group.
- Reference to a 20-year service life for rail tank cars used to transport materials that are poisonous by inhalation in §173.31(e)(2)(iii) has been removed.
- A revision to §173.156(b)(2)(iii) allows pallets used for limited quantities and ORM-D material to be made of metal, plastic or composite materials in addition to wood.
- A revision to §176.415 removes the requirement for the Captain of the Port to be informed in writing ahead of the loading or unloading of Division 1.5 ammonium nitrates when shipped in limited quantities.
These changes took effect on 7 December. Full details can be found in the Federal Register
It is clear from the lengthy document describing these changes that PHMSA has had to justify each of them very carefully, in consultation with industry and with other federal agencies, while taking account of recent Executive Orders.
That process will need to be repeated when it comes to preparing the next major regulatory action, the biennial harmonisation rulemaking, due to be published under docket HM-215O. That will need to be in place by 1 January 2019 in order for US industry to be in step with changes to the international rulebooks, not least the International Civil Aviation Organisation’s (ICAO) Technical Instructions 2019-2020, which takes effect promptly at the turn of the year.
Recent comments make it clear that it is highly unlikely that PHMSA will be able to publish this rulemaking in time; it is thought that PHMSA will dispense with the normal comment period, signalled by the publication of a notice of proposed rulemaking (NPRM). It may also be the case that an interim final rule is published to at least allow the use of the updated versions of the ICAO Technical Instructions and IMDG Code.
[post_title] => US: Get out of that
[post_status] => publish
[comment_status] => open
[ping_status] => open
[post_name] => us-get-out-of-that
[post_modified] => 2018-11-26 12:33:55
[post_modified_gmt] => 2018-11-26 12:33:55
[post_parent] => 0
[guid] => https://www.hcblive.com/?p=10367
[menu_order] => 0
[post_type] => post
[comment_count] => 0
[filter] => raw
PHMSA's biggest rulemaking for some time responds to petitions from industry and provides relief from regulatory requirements throughout the HMR