On May 11, 2020, PHMSA published the long awaited Final Rule HM-215O; Hazardous Materials: Harmonization with International Standards.

SUMMARY:

PHMSA is issuing this final rule to amend the Hazardous Materials Regulations (HMR) to maintain alignment 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. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations. Additionally, PHMSA is adopting several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods Regulations.

Effective Dates:

This rule is effective May 11, 2020, except for instruction 17, which is effective January 2, 2023.

Voluntary compliance: January 1, 2019

Delayed compliance: May 10, 2021

Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of May 11, 2020.

In this Final Rule, PHMSA amends the HMR to maintain alignment with various international standards. The following are some of the more noteworthy amendments:

PHMSA is amending the HMR to incorporate by reference the newest versions of various international hazardous materials (hazmat) standards, including:

  • the 2019–2020 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), which became effective January 1, 2019;
  • Amendment 39-18 to the International Maritime Dangerous Goods Code (IMDG Code);
  • the 20th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations);
  • Amendment 1 to the 6th Revised Edition of the UN Manual of Tests and Criteria;
  • and the 7th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS);
  • Transport Canada, Transportation of Dangerous goods (TDG) Regulations to include SOR/2016-95, published June1, 2016; SOR/2017-137, published July 12, 2017; and SOR/2017-253, published December 13, 2017; and
  • Various updated International Organization for Standardization (ISO) standards.