Feds ask trucking industry for comments regarding hazmat regs

July 5, 2023

Ryan Witkowski

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The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration is seeking input from industry stakeholders regarding the hazardous materials regulatory system.

In an advance notice of proposed rulemaking published to the Federal Register on July 5, the agency has requested comments related to “46 distinct topics under consideration” that could potentially help to “modernize” the hazmat regulatory system.

“As new technologies are developed, understanding of the risks inherent in the transportation of hazardous materials may change. New technologies can potentially provide new opportunities to improve packaging, hazard communication, and incident minimization,” the agency said. “PHMSA recognizes new technologies and techniques can potentially reduce costs and burdens to society but remains focused on our primary mission to protect people and the environment by advancing the safe transportation of hazardous materials, including energy products, that are essential to our daily lives.”

The agency seeks input on multiple questions regarding 46 different topics related to the hazmat regulations.

Some of the topics under consideration include:

  • Evaluation of carrier maintenance of emergency response information
  • Requirements for damaged, defective, or recalled lithium cells and batteries
  • Basic oil spill response plan applicability
  • Removal of the 60-day renewal requirement for approvals and special permits
  • Convention for safe containers data plate and inspection requirements
  • Identification of freight containers in rail transportation
  • Updating requirements for transporting hazardous materials on passenger carrying motor vehicles
  • Cargo tank thickness and corrosion inspection requirements
  • Emerging technologies

According to PHMSA, the hazardous materials regulatory system is “a risk management system that is prevention-oriented and focused on identifying safety or security hazards and reducing the probability and consequences of a hazardous material release.” The agency says the regulations intended to achieve three primary goals:

  • Ensure that hazardous materials are packaged and handled safely and securely during transportation.
  • Provide effective communication to transportation workers, emergency responders, and the general public of the hazards about the materials being transported.
  • Minimize the consequences of an accident or incident should one occur.

The deadline to file comments is Oct. 3, and can be done online using the docket number PHMSA–2019–0031. The agency says that “any comments, data, and information received will be used to evaluate and potentially draft proposed amendments.” LL