Transitional Provisions for HM-218H Requirements for Nitric Acid Packaging and Emergency Phone Numbers

摘要

Ed. Note: This report was issued originally as HazMat Alert No. 36 on August 9,2017 and is presented here again as action from PHMSA is awaited. PHMSA issued the HM-218H final rule on June 2, 2016, incorporating a number of changes to the Hazardous Materials Regulations (HMR) in response to petitions for rulemaking. With an effective date of July 5,2016, the final rule provided just over one month to implement the changes, including enhanced packaging for nitric acid and a prohibition on the use of alphanumeric phone numbers for emergency response telephone numbers. In letters responding to appeals, discussed below, PHMSA had said the compliance date for changes to nitric acid packaging and emergency response telephone numbers would be extended from July 5,2016 to July 5,2017. PHMSA has yet to make changes to the final rule to provide for a transition period or explain conditions that may be applicable to the transition. Also, a recent interpretation from PHMSA concerning requirements for absorbent material in the new packaging provisions for nitric acid appears to be more restrictive than the regulatory text which was adopted, potentially affecting the costs of packaging nitric acid and other hazardous materials.