Harmonizing Hazardous Materials

HM-215O FINAL RULE NOTICE

Earlier this week, on May 11, 2020 the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the finalization of the much-anticipated rulemaking (HM-215O). If you’re not sure what that is, fear not. In November 2018 PHMSA proposed HM-215O aimed at amending the Hazardous Materials Regulations (HMR) to maintain alignment with various international regulations and standards through incorporation of various amendments. Some of these changes include: changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, and vessel stowage requirements.

This process is part of PHMSA’s ongoing biennial process to harmonize the HMR with international regulations and standards. With its passage and finalization, HM-215O incorporates-by-reference the newest versions of various international standards to include:

• The 2019-2020 Edition International Civil Aviation Organization Technical Instructions (ICAO)
• 20^th Revised Edition of UN Model Regulations
• Amendment 39-18 of the International martime Dangerous Goods Code (IMDG)
• Amendment 1 to the 6^th Revised Edition of the UN Manual of Test and Criteria
• 7^th Revised Edition of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

Additionally, PHMSA is incorporating by reference Transport Canada’s Transportation of Dangerous Goods (TDG) regulations and integrating the various updates to International Organization for Standardization (ISO) standards.

Again, this means changes to the 49 Code of Federal Regulations (49 CFR) Hazardous Materials Regulations (HMR) became effective May 11, 2020. These changes include:

·      Amends the Hazardous Materials Table (HMT) 172.101- to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits.

·      Articles containing Dangerous Goods-Adds classification for articles containing hazardous materials that do not already have a proper shipping name.

·      Adds requirements for Lithium Battery Test Summary

·      Baggage Equipped with Lithium Batteries- Often referred to as “smart luggage”

·      Segregation of Lithium Batters from Specific Hazardous Materials- particularly those which are flammable liquids when offered by air.

·      Alternative Criteria for Classification of Corrosive Materials

·      Provisions for Polymerizing Substances- an extension of the sunset dates in regards to transportation of polymerizing substances from January 2, 2019 to January 23, 2023

For a more complete and in-depth look of everything PHMSA has finalized, you can view it HERE!

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