"Hazardous Matters" is the quarterly newsletter for PHMSA's Office of Hazardous Materials Safety (OHMS). As always, it is packed with the latest news, expert tips, and essential insights for the safe handling and shipment of hazardous materials. Stay informed, stay safe!

January - March 2025
 

Spotlight: Enforcement Discretion on New International Standards

Happy New Year! As we move into 2025, we understand that many offerors and carriers of hazardous materials in international transport will soon be adhering to new requirements—including the 2025–2026 International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and Amendment 42-24 of the International Maritime Organization, International Maritime Dangerous Goods Code (IMDG Code).

Currently, the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) authorize use of the 2023–2024 ICAO Technical Instructions and Amendment 41-22 of the IMDG Code. PHMSA is evaluating whether to adopt the updated ICAO Technical Instructions and new Amendment to the IMDG Code in a future rulemaking.

In coordination with our modal partners, PHMSA has issued the following Enforcement Discretion notice, to clarify that we will not take enforcement action against offerors or carriers who:

• Use the 2025–2026 ICAO Technical Instructions when all or part of the transportation is by air
• Use Amendment 42-24 when all or part of the transportation is by vessel
• Offer or accept hazardous materials identified and described on a shipping paper and/or packages marked and/or labeled in accordance with these standards—provided that appropriate emergency response information consistent with 49 CFR Part 172, Subpart G, accompanies the shipment.

Items described and packaged for transportation under the respective international standards as UN3559 and UN0514, "Fire Suppressant Dispersing Devices," however, must first be approved by the Associate Administrator in accordance with 49 CFR § 173.56.

Information on the notice can be found here: https://www.phmsa.dot.gov/news/notice-enforcement-policy-regarding-international-standards-1

Effective December 9, 2024, this notice will remain in effect until withdrawn or otherwise modified.
 

NPRM: Advancing Safety of Highway, Rail, and Vessel Transportation

On October 28, HM-265 Notice of Proposed Rulemaking (NPRM) titled "Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation" was published to the Federal Register. This NPRM proposes amendments to improve the safety and efficiency of hazardous materials transported by highway, rail, and vessel, as well as several amendments for all modes of transportation. Specifically, some of the proposed amendments include:

• Adopting the 2017 Rail Safety Advisory Committee Hazardous Materials Issues Working Group recommendations
• Removing the delegation to the Association of American Railroads as the sole source for tank car design approvals and tank car facility quality assurance program approvals
• Revising the UN ID number marking requirements for motor carriers who transport different types of petroleum distillate fuels (e.g., gasoline and diesel fuel) in multiple trips in the same day
• Updating cargo tank manufacture and inspection requirements to address safety deficiencies noted during inspections
• Removing the requirement for security awareness training for hazmat employees who manufacture packagings and do not come into contact with hazardous materials in transport.

As with any NPRM, PHMSA needs your input! We've extended the comment period, meaning that all comments must be received by April 28, 2025.

Notice to Public Safety Answering Points (PSAP, e.g., 9-1-1 call centers)

Starting on June 24, 2025, the six Class I railroads are required to begin complying with the requirements of the HM-263 Real-Time Train Consist Information final rule.

This rule requires that, for any accident involving a train transporting hazardous material, or any incident involving the release or suspected release of hazardous materials from a car on a train, railroads must make a telephone call to the primary Public Safety Answering Point (PSAP) informing them of the incident or accident. Then, the railroad must transmit train consist information directly to the primary PSAP, in a form that the PSAP is able to receive and use.

Train consist information includes:

• The railroad's designated emergency response point of contact (including contact phone number)
• The position in the train and contents of each hazardous material rail car, listed by reporting mark and number
• The point of origin and destination of the train
• Shipping paper information (e.g., UN ID number, proper shipping name, hazard class, packing group, technical name (if applicable), number and type of packages
• Emergency response information required by § 172.602(a) of this subchapter.

This information is critical for first responders to protect themselves and their communities during the initial stages of a response to a train accident or incident involving hazardous materials.

Safety Advisory Notice: Unsafe Cylinders Being Sold Online by Major Retailers to Consumers and HVAC Contractors

On January 13, PHMSA issued a Safety Advisory Notice, titled "Unsafe Cylinders Being Sold Online by Major Retailers to Consumers and HVAC Contractors," focused on online sales of cylinders not authorized for hazardous materials transportation.

As detailed in the notice, PHMSA is concerned that unauthorized cylinders are being filled with hazardous materials and transported in commerce in support of a business operation. We have found several instances of empty cylinders being sold to consumers, shippers, and heating, ventilation, and air conditioning (HVAC) personnel and service technicians that were not manufactured to a DOT specification or UN standard and lack certification markings. Filling these cylinders with hazardous materials could cause significant damage to property, physical injury, or death, as these cylinders are not designed to contain and safely transport hazardous materials.

With this safety advisory notice, PHMSA requests that consumers, retailers, shippers, and DOT-regulated entities ensure their cylinders containing hazardous gases are in compliance with the hazardous materials regulations. In addition to explaining the issue and the regulatory scope of the HMR, the notice provides information and visual examples to assist in identifying whether cylinders are authorized for hazmat transportation in the United States.

For more information on cylinder safety, see the following PHMSA resources:

• Is Your Cylinder Safe to Fill?
• PHMSA Cautions Against Refilling DOT-39 Cylinders

PHMSA Letters of Interpretation (LOI): Lithium Batteries

PHMSA's Standards and Rulemaking team issues Letters of Interpretation (LOIs) in direct response to stakeholder requests. These letters are meant to clarify the proper application of the Hazardous Materials Regulations (HMR) in specific scenarios which may not be immediately clear in the regulatory text. While LOIs cover a wide range of hazmat topics, we have received several inquiries related to the transportation of lithium batteries. In response, PHMSA recently issued the following LOIs, focused on:

24-0034 – "DDR battery determination of HMR applicability"
24-0041 – "Lithium Batteries State of Charge"
24-0064 – "Foam Battery Trays"
24-0085 – "Shipper's Agent for Shipping Lithium Batteries."

You can find past LOIs via the search tool on PHMSA's Letters of Interpretation webpage or the PHMSA oCFR tool, which offers search criteria based on keyword, regulatory citation, or date.

PHMSA has also developed a set of FAQs based on common LOI topics, which may help streamline your search. While individual LOIs are based on specific circumstances and are not applicable to other scenarios that may be similar, PHMSA's FAQs have been through a notice and comment process and the responses can be widely applied.

Do you have a regulatory question, and can't find it an answer in previous guidance or LOIs? Reach out to the Hazardous Materials Information Center (HMIC) at 1-800-467-4922 or infocntr@dot.gov for assistance with next steps!

Interested in being the first to know when PHMSA posts notices and rulemakings to the Federal Register? Receive email notifications from the Federal Register whenever PHMSA posts by visiting the Federal Register site and clicking 'Subscribe' at https://www.federalregister.gov/agencies/pipeline-and-hazardous-materials-safety-administration.
 

New Reports from PHMSA RD&T

PHMSA's hazmat Research, Development and Technology Branch (RD&T) recently published two reports to the National Transportation Library's (NTL) Repository & Open Science Access Portal (ROSA-P). The repository is meant to provide public data and report accessibility for all US DOT-funded research.

1. Sodium Ion Batteries: Sodium ion batteries are an emerging battery chemistry and have the potential for widespread use. Though sodium ion batteries are currently less energy dense than comparable lithium ion batteries, they use more abundant materials and have potential for higher safety. Nonetheless, safety has not been widely tested for sodium ion batteries. This report investigates the safety and failure modes of commercially available sodium ion batteries, finding no thermal runaway or catastrophic failure modes. The results of this project can be used to guide classification and potentially inform future regulations on sodium ion batteries in transportation.

The report can be found here: Sodium ion Battery Testing

2. Fine Grain Metal Powders: The Fine Grain Metal Powders study investigated metal powders commonly used in fireworks burst charges. Fine grain metal powders are used for fireworks to create specific sounds and visual effects but have a higher explosive force than black powder or coarser metal powders. This study tested fine metal powders in different compositions to determine risks of burst charges with higher weight compositions of fine grain metal powders. The results of the testing validated existing regulations, which restrict the use of fine grain metal powders in burst charges by size and weight percentage.

You can access the report using the following link: Fine Grain Metal Powder Standards for Consumer Pyrotechnics: Final Report (bts.gov)

Opportunity for Collaboration: RD&T Releases RFI on Pressure Relief Devices

The RD&T Branch is pleased to announce the release of a Request for Information (RFI) titled "Determining the Effectiveness of Pressure Relief Devices (PRDs) on Composite Overwrapped Pressure Vessels (COPVs)". This RFI aims to gather more information to inform bonfire testing for various PRDs on different COPVs. The knowledge gained will help guide the RD&T program's future research efforts and support the development of improved safety guidance for COPVs. We invite professionals and experts in the field of COPVs to contribute their expertise by responding to the RFI. Your input is invaluable in advancing safety and innovation in this important area.

The RFI will be published to the Federal Register in early 2025. We look forward to your responses and collaboration!

Calls for Proposals: Advancing HAZMAT Safety in Unmanned Aerial Systems

The RD&T Branch is seeking innovative proposals for a groundbreaking project on risk assessment for hazardous materials packaging in an unmanned aerial systems (UAS) environment. This initiative aims to evaluate the current safety standards for transporting hazmat in an unmanned aerial systems (UAS) environment. This project will address critical risks unique to UAS delivery operations, including high-altitude drops (up to 400 feet), exposure to extreme environmental conditions such as wind and precipitation, and the safety implications of lithium ion battery thermal events. Through comprehensive testing, including drop simulations and environmental assessments, the project will access the adequacy of current packaging standards and recommend improvements to mitigate risks.

We invite industry experts, innovators, and stakeholders to respond to the Request for Proposals (RFP), available on SAM.gov in early 2025. Join us in shaping the future of safe and reliable HAZMAT transport in UAS operations!

Hazardous Materials Transportation Seminar

PHMSA held a Hazardous Materials Transportation Seminar in Indianapolis, IN, from October 30 – November 1, 2024. Across three days, learning sessions were conducted by PHMSA staff, Transportation Community Awareness and Emergency Response (TRANSCAER), and the Indianapolis Small Business Development Center (ISBDC). Topics of discussion included Practical Hazmat Solutions for Shippers and Carriers, Tank Explosion Lessons Learned, and US DOT/PHMSA Grants, among others.

Thank you to TRANSCAER, the ISBDC, and all who attended for making this event such a success! Over 300 attendees joined us in Indianapolis, representing a diverse range of industries, like Pool Maintenance/Supply, Pest Control, HVAC, Food Trucks, and Landscaping.

Couldn't make it to Indianapolis? All of our workshops are promoted here in Hazardous Matters, so make sure you’re subscribed! Or you can check PHMSA's HAZMAT Webinars & Workshops webpage for upcoming events.

Lithium Battery Guide for Shippers (updated October 2024)
 
The Lithium Battery Guide for Shippers is PHMSA's premier compliance-aid resource on lithium battery shipping. Designed to assist shippers with safely packaging lithium cells and batteries for transport by all modes, it directs readers to scenario-based shipping guides that outline the requirements to ship packages of lithium cells and batteries in various configurations. Each distinct shipping guide in this document refers to the regulatory requirements for a specific lithium cell/battery type, configuration, or size. Spanish version coming soon!

What's new in this edition?

PHMSA published two final rules in early 2024, which revised the provisions for shipping lithium batteries: HM-219D "Adoption of Miscellaneous Petitions" (March 4, 2024) and HM-215Q "Harmonization with International Standards" (April 10, 2024). The Lithium Battery Guide for Shippers has been updated to address these changes, including:

• Extension of the requirement that lithium ion batteries must be marked with the Watt-hour rating on the outside case to include batteries larger than 100 Wh
• Revised test summary requirement, excepting button cell batteries installed in equipment (including circuit boards)
• Quantity limits for cells and batteries packed with equipment
• Removal of exceptions for small lithium cells and batteries shipped by air (when not packed with or contained in equipment)
• Removal of the telephone number requirement from the lithium battery mark (phaseout date of December 31, 2026).

Link: https://www.phmsa.dot.gov/training/hazmat/lithium-battery-guide-shippers

Considerations for Municipalities for Permitting Operations of Lithium Ion Battery-Powered Micromobility Devices

The use of lithium ion battery-powered micromobility devices, such as e-scooters and e-bikes, is expanding. As municipalities of all sizes permit shared micromobility operations in their jurisdictions, they should be aware of the hazards posed by lithium batteries—a Class 9 hazardous material—and the requirements for safe transportation of these materials.

PHMSA developed this document to raise awareness of lithium ion battery issues facing municipalities who allow, or are considering allowing, micromobility rental operations within their jurisdictions. Considerations include verification of regulatory knowledge, charging safety, incident reporting, incident tracking, and end-of-life planning for batteries.

Link: https://www.phmsa.dot.gov/training/hazmat/considerations-municipalities

Do you represent a municipality planning to re-permit your shared eBike or eScooter system or have other best practices to share? Reach out to PHMSA at training@dot.gov and our team would be happy to discuss!

PHMSA develops compliance assistance materials that make it easier to understand and comply with the HMR. Electronic versions of these resources are available at: https://www.phmsa.dot.gov/training/hazmat/publications.