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PRESIDENT TRUMP’S POLICY of pursuing a light regulatory touch, with the aim of reducing the burden on American business, was undoubtedly good for many corporations and was probably a vote-winner, but for those in the hazardous materials world – and especially those working internationally – it did cause some problems. Not only did the US become significantly out of step with international regulations, but safety-critical rulemakings were also held up. Nor was it good news for the various agencies of the US Department of Transportation (DOT), which had to cope with a new focus in the oversight of the rulemaking
on Safe Transportation of Hazardous Articles’ (COSTHA) online Annual Forum this past April heard, that has certainly been the case – even if it is not totally clear yet how the new approach will look in detail. The Pipeline and Hazardous Materials Safety Administration (PHMSA) has a lot of catching up to do before it can embark on new rulemakings, and there are other developments in the pipeline. TO COME FROM PHMSA It was left to Shane Kelley, director of the Standards and Rulemaking Division of PHMSA’s Office of Hazardous Materials Safety (OHMS) to bring COSTHA attendees up to
to get the HM-224I rulemaking to a final rule. This is designed to enhance the safe transport of lithium batteries by air and is, in effect, already being observed after an interim final rule was issued in March 2019. PHMSA’s task, Kelley said, is to close out the rulemaking. The next priority is HM-215P, the biennial update to maintain the US Hazardous Materials Regulations (HMR) in harmonisation with international rules. HM-215P will bring the US into line with the amendments introduced from the start of 2021, certainly as far as the air transport regulations are concerned, though the International Maritime Dangerous Goods (IMDG) Code’s latest amendment, 40-20, will only become mandatory on 1 January 2022. PHMSA is keenly aware that the last biennial update, HM-215O, was more than a year late taking effect and does not want a repeat of that delay; Kelley noted that PHMSA is aiming to bring the process back to a timeline that harmonises more closely with international changes and that the new leadership at the agency is receptive to the idea. He also said
process. As a result, new regulatory activity became sclerotic and failed to address some emerging hazards, especially those relating to new fuels and new energy storage concepts. With the change in administration in DC in January this year, it was expected that things would change and, as delegates to the Council
speed with the latest activity. He noted that the politically appointed leadership is still settling in and that there are also some new faces working at PHMSA, so it may take some time to get fully back up to speed. For this year, PHMSA has three main priorities. The first – and perhaps simplest – is
that HM-215P “is in good shape” and that industry should see some action “soon”. There should be few surprises for industry in HM-215P; Kelley pulled out some highlights. There is a new classification for Category A infectious waste; updates to ISO cylinder manufacturing and testing standards (as ever);
THE RULES TO FOLLOW USA • COSTHA’S 2021 ANNUAL FORUM HEARD FROM LEADERS IN DOMESTIC HAZMAT REGULATION, COMING TO TERMS WITH THE CHANGE IN LEADERSHIP IN THE WHITE HOUSE
HCB MONTHLY | JULY/AUGUST 2021
