Our Environment, Land Use & Natural Resources Group outlines the Pipeline and Hazardous Materials Safety Administration’s key proposed rule changes to simplify hazardous materials transportation regulations and reduce industry burden.
- PHMSA proposes updates for specific materials such as aerosols and lithium batteries and for alignment with CERCLA
- Proposed updates reflect migration to electronic-based payment, renewal, and document storage systems
- Additional proposals address requirements for packaging, marking, unloading, rail transloading and reporting, and the incorporation of several existing special permits directly into the Hazardous Materials Regulations
Last month, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released a raft of rulemaking proposals related to the transport of hazardous materials by road and rail under the Hazardous Materials Regulations (HMR). These proposals signal PHMSA’s continuing efforts to simplify existing regulations on a variety of topics and reduce burdens on the regulated community. The subjects of these proposed rulemakings are varied, involving procedural updates, responses to past petitions for rulemakings, and incorporation of certain existing special permits into hazmat regulations.
Comments for each proposed rule are due by September 2, 2025.
Updates Proposed for Specific Hazardous Materials
Aerosols (49 C.F.R. § 171.8)
Docket No. PHMSA–2025–0089 (HM–268A).
Gas-only aerosols are currently shipped in transportation as fully regulated compressed gases, but aerosols containing liquid, paste, or powder are subject to separate requirements under the HMR. PHMSA seeks to bring the regulation of gas-only aerosols into alignment with other aerosols by removing the requirement that an “aerosol” be designed for the sole purpose of expelling a liquid, paste, or powder. PHMSA has determined that this change would align internationally with the UN Model Regulations on the Transport of Dangerous Goods, International Maritime Dangerous Goods Code, International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air, and regulations governing European road transport.
Lithium batteries and the materials of trade exception (49 C.F.R. § 173.6)
Docket No. PHMSA–2025–0091 (HM–268C).
PHMSA proposes to specifically authorize lithium metal and lithium-ion batteries under the materials of trade (MOT) exception and allow a net weight of 30 kg (66 lbs.) for each lithium ion and metal battery, a gross weight of 500 kg (1,102 lbs.) of lithium batteries on a vehicle, and no limit for lithium-ion and lithium metal batteries when contained in equipment. The new limitations would come with additional safety standards aimed at preventing short circuits, damage from shifting, and accidental activation of the equipment, as well as ensuring that all lithium batteries conform with the HMR.
Refrigeration equipment
PHMSA has issued two notices of proposed rulemaking for refrigeration equipment.
- Transport of 20 kg of Low-Flammability Gases (49 C.F.R. § 173.307(a)(4)). Many refrigerants with a lower global warming potential (GWP) are flammable and are limited to 12 kg or less for land transport. PHMSA proposes adopting an existing special permit into the HMR to allow for the transportation of 20 kg of low-flammability gases by land, while still prohibiting their transport by air or vessel. PHMSA suggests that this change would benefit retailers that ship household appliances such as refrigerators, window-mounted air-conditioning units, and dehumidifiers by removing the requirement to obtain a special permit.
Docket No. PHMSA–2025–0101 (HM–268M).
- Packaging Requirements for Large Refrigerating Machines Containing Certain Flammable Gases (49 C.F.R. § 173.306(e)(1) and (2)). In another effort to reduce regulatory burdens on shipments of lower GWP refrigerants, PHMSA proposes to extend the exception from certain HMR specification packaging requirements for refrigerating machines containing up to 5,000 lbs. of Group A1 refrigerant to 5,000 lbs. of GHS Category 1B or equivalent ASHRAE A2L refrigerant. PHMSA proposes additional transport conditions, such as vehicle type and markings, for transporting refrigerating machines containing flammable gases.
Docket No. PHMSA–2025–0102 (HM–268N).
Alignment with CERCLA (Appendix A to 49 C.F.R. § 172.101)
Docket No. PHMSA–2025–0093 (HM–268E).
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requires that hazardous substances listed or designated under CERCLA also be regulated as hazardous materials under the hazardous materials transport scheme. Currently, the HMR incorporates the list of CERCLA-designated hazardous materials at 49 C.F.R. § 172.101, Appendix A. PHMSA proposes to remove this list because it is already incorporated into the HMR via the definitions that apply to the transport of hazardous materials in 149 C.F.R. § 171.8.
Updates Proposed for Electronic Information, Payment, and Special Permit Renewal Applications
Electronic emergency response information and PHMSA certificate of registration (49 C.F.R. §§ 172.602 and 107.620)
Docket No. PHMSA–2025–0092 (HM–268D) and Docket No. PHMSA–2025–0097 (HM–268I).
PHMSA proposes to provide domestic hazmat carriers the option to store emergency response information electronically, as opposed to requiring printed copies. PHMSA also proposes to allow motor and vessel carriers to carry their PHMSA certificate of registration in electronic form.
Electronic payment for registration (49 C.F.R. § 107.616(a))
Docket No. PHMSA–2025–0096 (HM–268H).
Currently, the HMR instructs each person subject to the registration requirements to either mail their payment in full to the Department of Transportation (DOT) or submit the statement and payment electronically through the DOT’s e-commerce internet site. 49 C.F.R. § 107.616(b) also requires payment by certified check, cashier’s check, personal check, or money order in U.S. funds and drawn on a U.S. bank that is payable to the DOT or by completing an authorization for payment by credit card or other electronic means of payment acceptable to the DOT. PHMSA proposes to modernize the payment system for hazardous materials registration to require electronic submissions via the DOT e-commerce internet site and eliminate the option to use a paper check.
Special permit renewal application process (49 C.F.R. §§ 107.109(b) and 107.705(c))
Docket No. PHMSA–2025–0095 (HM–268G).
PHMSA proposes to allow a special permit grantee to apply for a renewal any time until the expiration of the current special permit, in contrast with the current requirement that a grantee submit the renewal application at least 60 days before an existing special permit or approval expires. PHMSA concluded that the 60-day period is no longer necessary because the filing process is now completed electronically.
Updates Proposed for Other Packaging, Marking, and Transport Requirements
3A and 3AA cylinder bundles (Special Permits 14175)
Docket No. PHMSA–2025–0103 (HM–268O).
PHMSA proposes to adopt the provisions of DOT–SP 14175 into the HMR to authorize a 10- year requalification for DOT specification 3A and 3AA cylinder bundles used in flammable and nonflammable, nonpoisonous gas service. Currently, the HMR generally requires requalification of DOT specification 3A and 3AA cylinders every five years for continued service in accordance with 49 C.F.R. § 180.209. There are exceptions to the five-year requalification period depending on the use and material contained in the cylinder. PHMSA proposes to adopt these provisions into a new 49 C.F.R. § 180.209(b)(2).
Hazardous materials unloading (Special Permits 11646 and 12412)
Docket No. PHMSA–2025–0100 (HM–268L).
PHMSA proposes to adopt the provisions of Special Permits 11646 and 12412, which permit the discharge of certain hazardous materials liquids from drums or tanks from a DOT specification drum without removing the drum from the vehicle transporting it. PHMSA proposes to adopt the provisions of Special Permit 11646 into a new 49 C.F.R. § 177.834(h)(1) and adopt the provisions of Special Permit 12412 into a new 49 C.F.R. § 177.834(h)(2).
Intermediate bulk containers containing residue (Special Permit 21478)
Docket No. PHMSA–2025–0104 (HM–268P).
PHMSA proposes to adopt the provisions of Special Permit 21478 into the HMR, which would authorize intermediate bulk containers (IBCs) containing a residue of certain hazardous materials to be transported without shipping papers, placards, and motor vehicle marking of the UN identification (ID) number subject to additional operational controls. PHMSA proposes to adopt the provisions of DOT–SP 21478 into 49 C.F.R. § 173.29. PHMSA is also proposing to clarify that IBCs shipped in accordance with the conditions of the empty packaging exception are not subject to placarding.
Limited quantities (49 C.F.R. § § 172.315(a)(2) and 173.25(a)(6))
Docket No. PHMSA–2025–0090 (HM–268B).
PHMSA proposes to allow for a reduced-sized limited-quantity marking on the shipping label of packages containing limited quantities of hazardous materials. The shipping label must also be capable of electronically communicating to carriers that the package contains hazardous materials shipped under a limited-quantity exception and the authorized modes of transportation. PHMSA also proposes to revise the regulations to specifically state that the reduced-sized limited-quantity mark is not authorized on overpacks.
Rail-related requirements (49 C.F.R. Parts 171 and 174)
Docket No. PHMSA–2025–0099 (HM–268K).
PHMSA is proposing to remove the reporting requirement under 49 C.F.R. § 174.20 that requires a carrier to report local/carrier restrictions for hazardous materials to the Association of American Railroad’s Bureau of Explosives when the rail carrier has determined that acceptance, transport, or delivery is unusually hazardous. PHMSA further proposes to remove certain requirements it has deemed unnecessary and outdated from 49 C.F.R. § 174.67 to provide flexibility in protecting open tank cars during transloading. Lastly, PHMSA proposes to remove certain obsolete publications from the table in 49 C.F.R. § 171.7, which lists various documents PHMSA has not incorporated by reference.
Special permit packaging (49 C.F.R. § 173.23)
Docket No. PHMSA–2025–0094 (HM–268F).
The current regulations require packaging that has been approved by special permit to be discontinued solely because the original special permit has expired or was not renewed. PHMSA proposes to allow previously approved packaging for the duration of its usable life, regardless of the status of the original permit grantee or whether the special permit was removed.
Takeaways
PHMSA’s latest round of proposed rulemaking continues efforts to simplify and reduce provisions seen as burdensome to the regulatory community. Some of the current proposed rulemakings stem from previously submitted petitions dating back several years; others seek to capitalize on existing special permits as a basis for regulatory change, relying upon accrued safety evidence and number of parties operating under permit terms.
If you or your company might be affected by any of the above proposed rules, our team of experienced hazardous materials transportation attorneys would be glad to help you evaluate their applicability and potential impact. Participating in the regulatory process through submission of comments on pending rules is often a worthwhile exercise for potentially affected companies. Our team is also well-equipped to help you decide whether to comment and to develop your strategy for doing so.
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