Today the DOT’s Pipeline and Hazardous Material Safety
Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the
Federal Register (
81 FR
61741-61831). PHMSA is initiating this latest version of their biennial
process to harmonize the HMR with international regulations and standards.
According to the
Executive
Summary, PHMSA is proposing to amend the
Hazardous
Materials Regulations (HMR) “to maintain consistency with international
regulations and standards by incorporating various amendments, including
changes to proper shipping names, hazard classes, packing groups, special
provisions, packaging authorizations, air transport quantity limitations, and
vessel stowage requirements”.
Changes
The proposed changes include:
•
Incorporation by
Reference: PHMSA proposes to incorporate by reference the newest versions
of various international hazardous materials standards;
•
Hazardous Materials
Table (HMT): PHMSA proposes amendments to the
§172.101
Hazardous Materials Table (HMT) consistent with recent changes in the Dangerous
Goods List of the 19th • Revised Edition of the UN Model Regulations, the IMDG
Code, and the ICAO Technical Instructions;
•
Provisions for Polymerizing
Substances: PHMSA proposes to revise the HMT consistent with amendments
adopted into the UN Model Regulations, including adding to the HMT four new
Division 4.1 entries for polymerizing substances;
A number of recent changes to international regulations were
specifically not included in the NPRM they include:
•
Large Salvage Cylinders:
The 17th Revised Edition of the UN Model Regulations includes guidelines for
Competent Authorities to use when issuing approvals for salvage pressure
receptacles;
•
Table Tennis Balls:
The 19th Revised Edition of the UN Model Regulations includes a special
provision assigned to “UN 2000, Celluloid” that excepts table tennis balls made
of celluloid from the requirements of the Model Regulations;
•
IMO Portable Tank
Marking: Amendment 38-16 to the IMDG Code includes an amendment to require
IMO portable tanks manufactured before January 1, 2003, to be marked with an
indication of the portable tank instruction for which it meets the minimum test
pressure, minimum shell thickness, pressure relief requirements, and bottom
opening requirements;
•
Classification
Inconsistencies: The 19th Revised Edition of the UN Model Regulations
includes text to address situations in which a consignor who is aware, on the
basis of test data, that a substance listed by name in column 2 of the
Dangerous Goods List in Chapter 3.2 of the UN Model Regulations meets
classification criteria for a hazard class or division that is not identified
in the list, may with the approval of the competent authority consign the
substance;
•
Filling Procedures for
UN Pressure Receptacles: The 19th Revised Edition of the UN Model
Regulations includes text in P200 requiring the filling of pressure receptacles
to be carried out by qualified staff using appropriate equipment and procedures;
•
Intentionally Infected
Animals: The 2017-2018 ICAO Technical Instructions adopted changes to the
classification framework for infected live animals and animal materials;
•
Special Aircraft
Operations: The 2017-2018 ICAO Technical Instructions adopted changes to
the general exceptions for hazardous materials carried by an aircraft in
special aircraft operations;
Interim Final Rule
PHMSA notes that a number of the international rule changes
will become effective on January 1st, 2017. With it being unlikely
that this rulemaking will be complete on that date PHMSA reports that they “will
publish a bridging document in the form of an interim final rule to amend the
HMR by incorporating the 19th Revised Edition of the UN Recommendations and the
2017-2018 Edition of the ICAO Technical Instructions”. IDMG code changes would
not be included in that interim final rule since they do not become effective
until January 1st, 2018.
Polymerizing Substances
The proposed changes to the HMR for polymerizing substances
includes adding
special
provision 387 for the four new “n.o.s.” HMT entries for polymerizing
substances and to
the
52 named substances in the HMT that polymerize, all of which contain the
text “stabilized” as part of the proper shipping name;
The four new HMT entries for polymerizing substances that do
not meet the criteria for inclusion in any other hazard class are:
• UN 3531 Polymerizing substance,
solid, stabilized, n.o.s.
• UN 3532 Polymerizing substance,
liquid, stabilized, n.o.s.
• UN 3533 Polymerizing substance,
solid, temperature controlled, n.o.s.
• UN 3534 Polymerizing substance,
liquid, temperature controlled, n.o.s.
Commentary
The provisions for polymerizing substances are intended to
ensure that chemicals that generate heat during the polymerization process (a
potential hazard to the transporter) that require temperature control to
prevent the polymerization are properly identified and packaged. For the 52
specifically listed materials in the HMR this is a great idea and is long
overdue. Unfortunately, the same cannot be said for the four new ‘n.o.s.’ polymerizing
substance entries added to the HMR.
The major problem with these entries is that there is no
definition of ‘polymerizing substances’ in HMR to guide shippers in applying
these new entries. The closest that we come is temperature requirements in the
new Special Provision 387 or the discussion in the preamble that notes that the
current 52 HMR entries that this SP apply to all contain the word ‘stabilized’
in the description. PHMSA and the international regulating community really
need to provide a specific definition for ‘polymerizing substance’ for these
provisions to be effective.
Public Comments
PHMSA is soliciting comments on the proposed changes to the
HMR. Written comments may be submitted via the Federal eRulemaking Portal {
www.Regulations.gov; Docket #PHMSA-2015-0273
(HM-215N)}. Comments should be submitted by November 7
th, 2016.
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