On July 1, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued several notices of proposed rulemaking (NPRM) in the Federal Register aimed at reducing existing regulatory burdens that impact the paint and coatings industry. Notably, one of the NPRMs responds to a petition ACA filed in 2017.
PHMSA is seeking information on the economic impact of the proposals and regulatory relief on industry, and is accepting comments on all the NPRMs by Sept. 2, 2025.
ACA will be soliciting feedback from its membership through its Transport Committee and filing comments by the agency’s deadline.
The following provides a summary and initial analysis of several of the PHMSA’s NPRMs with particular implications for the paint and coatings industry.
Revise the Definition of “Aerosol” in the HMR to Align with International Standards (HM-268A)
PHMSA is proposing to revise the definition of “aerosol” in the Hazardous Materials Regulations (HMR) to eliminate unnecessary regulatory burdens and maintain consistency with current international hazmat transport standards. The current definition of “aerosol” in the HMR requires that an aerosol be designed for the sole purpose of expelling a liquid, paste or powder (see 49 CFR 171.8). The proposed new definition of “aerosol” would read as follows:
Aerosol means an article consisting of a non-refillable receptacle containing a gas (compressed, liquefied, or dissolved under pressure), with or without a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder, and fitted with a self-closing release device allowing the contents to be ejected as a foam, paste, or powder or in a liquid state or in a gaseous state.
In 2017, ACA and industry coalition partners submitted a petition asking PHMSA to revise the HMR’s definition of an aerosol to align with definitions found in international regulations (i.e., UN Model Regulations, IMDG Code, ICAO TI, and EU ADR). Specifically, ACA and the coalition noted that the HMR’s definition for aerosol is inconsistent with its international counterparts, which do not include the limitation for gas to be used to expel a liquid, paste, or powder. This particularly affects companies that manufacture, package, or transport hazmat internationally. PHMSA’s proposal is consistent with ACA’s longstanding position, as well as existing special permits allowing shipments of aerosols meeting the international definition.
ACA is generally pleased by PHMSA’s proposal, particularly since the lack of harmonization between the HMR and international standards creates significant challenges for industry engaged in global commerce, leading to confusion, increased compliance costs, and logistical inefficiencies. The lack of harmonization also impedes trade, delays shipments, and reduces the competitiveness of U.S. businesses in the global marketplace.
Improve Efficiencies for Special Permits & Approvals Renewals (HM-268G)
PHMSA is proposing to streamline the filing requirements in the HMR for special permits and approvals by allowing a grantee to file an application to renew a special permit or approval any time before its expiration date rather than requiring the application to be filed 60 days in advance.
ACA believes that the current 60-day requirement is burdensome and no longer necessary due to advances in technology and communication. In fact, the filing process is now completed electronically and longer relies on mail delivery and paper correspondence.
Reduce Recordkeeping & Paperwork Requirements for Domestic Carriers (HM-268I & HM-268D)
PHMSA proposed two separate — but related — proposals to reduce recordkeeping and certain paperwork requirements for domestic carriers. For recordkeeping, PHMSA is proposing to allow motor and vessel carriers the option to carry their PHMSA certificate of registration in electronic form (HM-268I). Similarly, PHMSA is also proposing to revise the HMR to provide domestic carriers the option to maintain electronic copies of emergency response information rather than requiring a hard copy printed on paper (HM-268D).
ACA welcomes these proposals, since current technology allows documents to be just as readily available to inspectors and first responders via electronic means as hard copies printed on paper.
Reduce Costs to Domestic Shippers & Carriers of Limited Quantities (HM-268B)
PHMSA is proposing to allow for a reduced sized marking for limited quantity (LQ) shipments of hazardous materials. The proposal will allow for the transportation in commerce of packages containing limited quantities of hazardous materials with a reduced size LQ marking placed on the package shipping label. PHMSA is also proposing to revise § 173.25(a)(6) to specifically state that this marking is not authorized on overpacks.
Notably, this proposal provides regulatory flexibility for offerors of limited quantities whose shipments will be able to use a consolidated marking on the shipping label— which will eliminate the need for a separate LQ label.
Reduce Burden by Allowing Continued Use of DOT Special Permit Packagings (HM-268F)
PHMSA is proposing to revise the HMR to allow for the continued use of packagings authorized under a manufacturing special permit for the duration of the useful life of the package. Specifically, PHMSA is proposing to add a new exception to 49 CFR § 173.23 to allow approved packagings to be used for the duration of the usable life of the DOT special permit packaging, regardless of the status of the grantee. The current provisions require an otherwise safe and usable package to be discontinued solely because the original special permit has expired or was not renewed.
ACA believes that authorizing the continued use of such packagings for the life of the package — provided the package continues to be in conformance with the terms of the DOT special permit —eliminates that burden without compromising public safety.
ACA will be doing a deeper analysis of all NPRM’s prior to submitting its comments by the Sept. 2 deadline.
Contact ACA’s Rhett Cash for more information.