On May 30, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published its decision to withdraw the Advance Notice of Proposed Rulemaking (ANPRM) issued on April 5, 2010 and deny Petitions P-1498, P-15231, and P-1536.
The ANPRM issued by PHMSA on April 5, 2010 solicited comments on whether PHMSA should consider harmonization of the HMR related to the transportation of combustible liquids with the UN Recommendations. The ANPRM also intended to clarify certain regulations to facilitate the transportation of these materials while maintaining high standards of safety.
Finally, the April 5, 2010 ANPRM solicited comments on issues relating to three petitions in regards to the transportation of combustible liquids in both domestic and international commerce.
v One petition submitted by the International Vessel Operators Dangerous Goods Association (IVODGA), submitted petition P-1498 concerning differing domestic and international requirements for the transportation of combustible liquids. The UN Recommendations do not include a definition or classification for combustible liquids and IVODGA was concerned that the display of a UN identification number for shipments that are not regulated internationally would confuse foreign inspectors, interlining carriers, and foreign stowage planners.
v A second petition submitted by the Dangerous Goods Advisory Council (DGAC) asked for an amendment to the requirements for combustible liquids in bulk packages. It felt that the regulatory requirements for combustible liquids were disruptive to the flow of goods in port areas and contributed to port congestion.
v The third petition, P-1536 (submitted by the U.S. Custom Harvesters, Inc.), addressed the issue of the economic losses in the specialized industry of custom harvesters as a result of requirements placed on drivers of vehicles carrying bulk volumes of combustible materials, and requested relief from placarding for some agricultural tanks having a capacity of 1,000 gallons.
Generally, PHMSA is now denying these petitions because the cost of implementing the petitions would far exceed the benefits. In addition, any effort to deregulate combustible liquids reduces current safety practices that protect and alert emergency responders in the case of an incident involving the transportation of this class of hazardous materials.
For further information or questions regarding the withdrawal of the ANPRM, contact Ronce Almond at (202) 457-7790.