PHMSA Publishes Petition Response Final Rule

Today the DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) published a final rule in the Federal Register (85 FR 7568-075717) for “Adoption of Miscellaneous Petitions To Reduce  Regulatory Burdens”. The notice of proposed rulemakings (NPRM) for this action was published in August of 2019.

Actions taken in this final rule include:

Phase-out of non-normalized tank cars used to transport PIH materials (revising §173.31),

Limited quantity shipments of hydrogen peroxide {revising Column (8A) of the HMT},

Markings on portable tanks {revising §172.302(b)(2)},

Reconditioning of metal drums {revising §173.28(c)(1)(i)},

Limited quantity harmonization {revising  Column (8A) (exceptions) of the HMT},

Mobile refrigeration units (revising §173.5b),

Incorporation by reference of CGA Standards (revising §171.7),

Special provision for explosives (revising §172.102),

Alternative reports for cargo tanks {revising §180.417(a)(3)},

Weight tolerances for paper shipping sacks (revising §178.521),

Markings on closed transport containers {revising §173.308(d)(3},

Finalization of the HM-246 tank car standard {revising §173.314(c) and revising §173.244(a)(2)},

Phase-out of non-HM-246 compliant rail tank cars (revising § 173.31),

Allow non-RCRA waste to use lab pack exception (revising § 171.8),

Incorporation of ASME Code sections II, V, VIII, and IX {revising §171.7(g)(1)},

Import of foreign Pi-marked cylinders (revising § 171.23, revising §173.302, and revising §173.304),

Placement of the word “stabilized” in shipping description {revising §172.101(c)},

Incorporation by reference of an AESC/IME standard {revising §171.7(r), and adding § 173.67},

Incorporation by reference of an updated APA Standard 87-1 {revising §171.7(f)}

PHMSA did not take action on the safety devices petition. It will be addressed in a separate rulemaking.

This final rule is effective on December 28^th, 2020. A delayed compliance date of November 26^th, 2021 is provided for the following changes:

• Phase-out of non-normalized tank cars used to transport PIH materials,

• Finalization of the HM-246 tank car standard, and

• Phase-out of non-HM-246 compliant rail tank cars.