News bulletin – regulations

NEWS BULLETIN

REGULATIONS

PHMSA’S CYLINDER ACTIONS

The US Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule this past 28 December, in response to petitions for a review of the compressed gas cylinder provisions in the Hazardous Materials Regulations (HMR). Apart from updating and expanding the list of Compressed Gas Association (CGA) publications referenced in HMR, the rule, under docket HM-234, also amends the filling requirements, expands the use of salvage cylinders, and revises and clarifies the manufacture and requalification requirements for cylinders. The rule is effective as from 27 January and will be mandatory from 28 December.

The rulemaking has a lengthy history, starting with an advance notice of proposed rulemaking issued in 2012, followed by an NPRM issued in 2016. Both notices generated extensive comments from industry, which are discussed in full in the preamble to the final rule, which can be found in the Federal Register at www.federalregister.gov/ documents/2020/12/28/2020-26264/hazardousmaterials-miscellaneous-amendments-pertainingto-dot-specification-cylinders.

On a similar topic, PHMSA has recognised the challenges facing industry in requalifying cylinders during the Covid-19 emergency and on 30 December issued an enforcement discretion, for road transport only. The enforcement discretion applies to those filling a DOT-specification cylinder used to transport a Division 2.2 non-flammable gas and that has exceeded its periodic requalification testing date by no more than 12 months. The enforcement discretion will expire on 30 June.

PHMSA TIDIES UP

US PHMSA also issued a final rule under docket HM-260A this past 21 December, making various editorial corrections and clarifications in the Hazardous Materials Regulations. The rule ranges widely across each Section of HMR and results from PHMSA’s annual review of the rules.

The final rule corrects typographical errors and erroneous references and citations, addresses inconsistent use of terminology and inadvertent omissions of information, and generally aims to make HMR clearer for users, in order to improve compliance and reduce misunderstandings. As the amendments contained in the final rule are deemed non-substantive, the public comment period was not necessary. Those in scope of HMR should check the changes closely; the final rule is available on the Federal Register website at www.federalregister.gov/ documents/2020/12/21/2020-23353/hazardousmaterials-editorial-corrections-and-clarifications.

IATA UPDATES BATTERY GUIDANCE

The International Air Transport Association (IATA) has issued an updated version of its Lithium Battery Guidance Document. The 2021 edition includes revisions to reflect new provisions included in the 62nd edition of the IATA Dangerous Goods Regulations concerning definitions, classifications, exceptions and prohibitions.

While those involved in shipping or carrying lithium batteries by air still need to have a copy of the latest DGR to hand, the Guidance Document provides a useful summary of the complex rules involved. It can be downloaded from the IATA website at www.iata.org/en/publications/store/lithiumbattery-shipping-guidelines/.

CLP CHANGE TO HELP INDUSTRY

The second amendment to Annex VIII of the EU’s Classification, Labelling and Packaging of Chemicals (CLP) Regulation entered into force on 14 November. The amendment addresses in particular some concerns raised by industry on the administrative burden for companies on providing information to Poison Centres, while still meeting those information requirements. The main changes concern reporting on the composition of mixtures, such as fuels and petroleum products, as well as certain construction products which may be highly variable or sometimes unknown.

The European Chemicals Agency (ECHA) is currently working on an update to its guidance on harmonised information on emergency health response. In the meantime, more information about the amendment and full details about Poison Centres can be found on a dedicated area of ECHA’s website at https://poisoncentres.echa.europa.eu.