Hazmat regulatory actions coming in 2022

January 11, 2022

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has numerous hazmat regulatory actions pending and scheduled. Some are overdue. PHMSA has one action in Prerule stage, eight in the Proposed rule stage, and four in the Final rule stage.

The Prerule action is scheduled for publication in December. Of the eight Proposed rules, five were scheduled to publish this Fall. The remaining three are scheduled to publish in February, May, and June 2022, respectively. One of the four Final rules is overdue, one is scheduled to publish in February 2022, and two are scheduled for June 2022.

The chart below lists these pending agency actions. As always, expect some delays.

Date	Stage	Title	Description
December 2021	Prerule	Regulatory Reform Initiatives and Reducing Unnecessary Burdens	Amends package design, regulatory updates, and incident reporting and data to reflect new technologies, improved manufacturing methods, and current economic conditions.
November 2021	Proposed rule	Continued Conversion of Special Permits	Adopts provisions contained in certain widely used or long-standing special permits that have an established safety record.
February 2022	Proposed rule	Advancing Safety of Modal Specific Provisions	Adopts several modal specific amendments that enhance the safe transportation of hazmat.
November 2021	Proposed rule	Compatibility with the Regulations of the International Atomic Energy Agency	Harmonizes packaging and transportation of radioactive material with international safety regulations. Adds a new category of Surface Contaminated Objects (SCO-III) for large solid objects.
December 2021	Proposed rule	Reducing Regulatory Burdens and Adoption of Petitions for Rulemaking	Adopts provisions that reduce regulatory burdens on hazmat transportation and addresses petitions for rulemaking submitted by stakeholders.
December 2021	Proposed rule	Streamlining Requirements for the Approval of Certain Energetic Materials	Amends approval process for certain Class 1 (explosive) hazmat; simplifies requirements for the classification of low-hazard explosives; and provides regulatory relief for numerous energetics manufacturers and shippers.
May 2022	Proposed rule	Improving the Safety of Transporting Liquefied Natural Gas	Amends the hazmat regulations governing transportation of liquefied natural gas in rail tank cars.
November 2021	Proposed rule	Suspension of HMR Amendments Authorizing Transportation of Liquefied Natural Gas by Rail	Amends hazmat regulations to suspend authorization of liquefied natural gas (LNG) transportation by rail pending completion of the companion rulemaking.
June 2022	Proposed rule	Harmonization with International Standards	Ensures that hazmat transportation regulations are consistent with international standards, including removal of the requirement to provide a telephone number on a lithium battery handling mark; exceptions from lithium battery test summary requirements for button cells installed in equipment; and provisions for fiber reinforced plastic portable tanks.
November 2021	Final rule	Incorporation of ASME Code Section XII and the National Board Inspection Code	Revises requirements for cargo tank motor vehicles and cryogenic portable tanks; amends the requirements for cargo tank motor vehicles and portable tanks; and addresses the incorporation of standards in the ASME Boiler and Pressure Vessel Code Section XII.
February 2022	Final rule	Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA Reauthorization Act of 2018)	Prohibits transport of lithium ion cells and batteries on passenger aircraft; requires all lithium ion cells and batteries to be shipped at not more than a 30 percent SoC on cargo-only aircraft; and limits the use of alternative provisions for small lithium cell or battery to one package per consignment.
June 2022	Final rule	Harmonization with International Standards	Amendments to maintain alignment with international standards effective January 1, 2021, including new classification and packaging for infectious waste of Category A; updates to ISO cylinder manufacturing and testing standards; and expanded options to transport large robust articles.
April 2022	Final rule	Editorial Corrections and Clarifications	Corrects editorial errors, makes minor regulatory changes, and improves the clarity of certain provisions.

Publish Date

January 11, 2022

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Industry News

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