American Coatings Association

On Dec. 30, 2011, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule in response to several ACA appeals to the Jan. 19, 2011 final rule published in HM-215K. HM-215K is the final rule which sunsets the Consumer Commodity provisions in the Hazardous Materials Regulations (HMR) and ushered in a new pair of marks, among other requirements, for Limited Quantities (LQ). 

ACA filed an appeal to HM-215K on the elimination of ORM-D Consumer Commodity Hazard Class; the transition period for continued use of ORM-D pre-marked packages; the transition period for continued use of square-on-point diamond with the UN Number LQ mark; clarification of the use of the new LQ mark with “Y”; and the incident reporting requirements for LQ packages with the new mark.

In the final rule, PHMSA agreed with ACA and granted its appeal on two issues:  the transition period for square on point diamond with UN number and the use of the “Y” mark. 

Transition Period for Use of Square on Point Diamond with UN Number LQ Mark Extended to December 31, 2013

In the final rule, PHMSA extends the time period for use of the square on point diamond with the UN Number until Dec. 31, 2013, for LQ packages in highway, vessel, and rail mode.  For the air mode, the transition period does not change and it ends on Dec. 31, 2012, as originally adopted. 

This final rule extends the time for using packages pre-marked with the square on point diamond with UN Number LQ mark for one year later than the recently issued interpretation letter to Dec. 31, 2013.  

Clarification of the Use of the LQ Mark with “Y”

In this final rule, PHMSA also agreed with ACA that LQ packages marked with the “Y,” which comply fully with air transport provisions, are authorized for all modes of transportation.  PHMSA acknowledged that it intended to make this clear in the Jan. 19, 2011 final rule but inadvertently failed to do so. 

The final rule also contains a Summary of Changes for LQ and ORM-D that is very helpful.  This summary is on page 82168 of the Federal Register (76 FR 82163, 82168).  NOTE: the Summary indicates that dual marks on packages (ORM-D/ORM-D-AIR and a new LQ) are only authorized during the transition period.  Once the transition period ends (Dec. 31, 2012 for air, and Dec. 31, 2013 for surface), the ORM-D/ORM-D-AIR must be covered, obliterated, or otherwise not visible. 

In addition, PHMSA includes a resourceful two-page Table of Potential Limited Quantity Packaging Scenarios (pages 82169-82170). 

PHMSA neglected to address ACA’s appeals on the elimination of the ORM-D hazard class, the continued use of packages pre-marked with ORM-D Consumer Commodity, and the impact of the new LQ provisions on incident reporting requirements. ACA is following up with PHMSA to press these matters.  

Text of the final rule is available at http://www.gpo.gov/fdsys/pkg/FR-2011-12-30/pdf/2011-33358.pdf.