Hazardous Materials Transportation Training

Hazmat Articles - HM-215D HAZMAT Regulations Become Law

Changes in docket HM-215D by the U.S. DOT keep 49 CFR updated and in harmony with the latest changes in international hazardous materials / dangerous goods shipping regulations.

By Roy Marshall

New hazardous materials regulations - based on the eleventh revised edition of the UN Recommendations, Amendment 30 to the International Maritime Dangerous Goods (IMDG) Code and the 2001-2002 International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods By Air - have now become law.

On June 21, 2001, the second Final Rule for Docket HM-215D was published by the U.S. Department of Transportation (DOT). The first Final Rule (published on February 1, 2001) authorized the use of these international regulations. This second final rule incorporates the international changes into DOT's Hazardous Materials Regulations (49 CFR) for domestic transportation. This marks the latest efforts by DOT in a continuing series of rulemakings designed to keep the United States in harmony with international law.

Selected highlights of this major rulemaking include:

Updating HAZMAT shipping descriptions to match international changes. This includes the addition, deletion and revision of proper shipping names, hazard classes, packing groups, special provisions and packaging authorizations.
Requiring shipping papers for shipments moving via water to show the minimum flash point if 61 degrees Celsius or below (in deg. C closed cup) and if subsidiary hazards are not communicated in the proper shipping name then they must be shown either following the hazard class or division in parentheses, or in association with the basic description.
Removing the distinction between primary and subsidiary labels and placards. All labels and placards will look like a "primary" label or placard, with the class number appearing at the bottom, except for oxidizers and organic peroxides which must display the division number 5.1 or 5.2, as appropriate.
Addition, removal, and revision of special provisions.
Addition, removal, and revision to the List of Marine Pollutants.
Addition and revision to the list of organic peroxides and self-reactive substances.
Revision of the requirements pertaining to the transportation of samples.
Removal of specifications for DOT 52 and 53 portable tanks and the provisions for their continued use.
Incorporation of a provision for the use of the "W" mark for IBCs, and revision of minimum thickness requirements for metal IBCs.
Adoption of the International Atomic Energy Agency (IAEA) safety standards for international shipments of radioactive materials known as TS-R-1 - with some restrictions for the domestic portion of the transport. Domestic shipments of radioactive materials remain subject to 49 CFR. Docket HM-230 will address the adoption of the regulations in TS-R-1 (aka ST-1) into 49 CFR.

Compliance dates:

Voluntary Compliance Date: June 21, 2001, for most regulations and July 1, 2001, for air shipments moving under the ICAO Technical Instructions.
Mandatory Compliance Date: October 1, 2002 - unless otherwise specified, e.g., a subsidiary hazard label, without the hazard class or division number displayed in the lower corner of the label, may continue to be used as a subsidiary label in domestic transportation by highway or rail until October 1, 2005.

HM-215D has over 2,000 changes that may affect the way you ship hazardous materials. Don't wait until the compliance deadlines are a few months away. Failure to comply could be very costly if you are caught using outdated regulations you think are current. Study the regulations, learn which of these rules will affect your operations, and implement changes now. Keep in mind that your customers may find out from you that new regulations are in effect as they receive your shipments with new descriptions, labels, etc. As always, be on the watch for changes to this final rule, including editorial changes and further revision.

If you would like a free copy of the HM-215D second Final Rule, call the Research & Special Programs Administration's Records Center at 202/366-5046 or on the Web go to http://hazmat.dot.gov/rulemake.htm#final and you can view or download a copy. Make sure you select the second final rule "Published 06/21/2001."

Roy Marshall is President of Regulations Training, Inc., and conducts courses on hazardous materials in both domestic and international transportation via air, highway, rail, and ocean. He can be reached at 1-800-317-0518. For more articles, information, and HAZMAT Web site links, visit RTI's Web site at www.hazardousmaterials.com.

Published in Chemical Distributor, July/August 2001 Copyright © 2001, National Association of Chemical Distributors, Arlington, VA
A publication of the National Association of Chemical Distributors [NACD].

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Disclaimer: The information contained in the hazmat articles is only for the purpose of raising awareness to issues regarding hazardous materials transportation and should not be used to determine compliance actions.