They say the only thing constant is change and that couldn’t ring more true for those of us in the dangerous goods business. As the transportation, manufacturing, chemical and hazmat industries all keep evolving, so too do the regulations that govern them. At Skolnik, we do our due diligence to ensure all of our products meet, if not exceed, the hefty regulatory standards they face. Part of that due diligence is staying on top of changes to the rules and regulations.
In 2018, a few new rules regarding hazmat containers and shipment will hit the books — here’s a quick look at what those regulations, some of which have already taken effect.
Already in effect:
International Air Transport Associations Dangerous Goods Regulations (IATA DGR), 59th Edition – In effect as of 01/01/2018
Changes include:
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Stricter requirements regarding air-shipment of lithium batteries
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A re-organized list of Class 9 materials (see Subsection 3.9.1)
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A new list forecasting changes for air shippers in 2019 (Appenix I).
Furthermore, IATA has already published an addendum to this year’s DGR that impacts air shippers and airline passengers alike, so look for that as well.
2016 International Maritime Dangerous Goods Code (IMDG Code) — Updates in effect as of 01/01/2018
Reinforces updates that were made in the 2016 edition. Compliance to these updates was voluntary last year, as of this year they are officially mandatory.
Rules include:
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New dangerous goods marking and labeling criteria
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New packing instructions for certain shipments of engines, lithium batteries and aerosols
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Adjustments to the IMDG Code Dangerous Goods list
Coming soon:
Enhanced Safety Provisions for Lithium Batteries by Air (RIN 2137-AF20) — Expected 02/2018
This Interim Final Rule will harmonize the 49 CFR hazmat regulations with evolving international standards for the air shipment of lithium batteries. International requirements already in effect under the latest IATA DGR will be adopted into 49 CFR.
Rules include:
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Prohibiting lithium-ion cells and batteries as cargo on passenger aircraft
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Limiting state-of-charge to 30%
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Limiting the use of alternate provisions for small cells or batteries by air
Response to Industry Petitions (RIN 2137-AF09) — Expected 02/2018
Currently, parties must petition US DOT to amend, remove or add hazmat regulations to enhance safety/efficiency for shippers and carriers. In 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) plans to address 19 of these petitions. This response will likely include new amendments and rules.
Miscellaneous Amendments Pertaining to DOT Specification Cylinders (RIN 2137-AE80) — Expected 04/2018
Likewise, DOT will address various petitions from industry stakeholders. These petitions pertain to the manufacture, maintenance and use of DOT specification cylinders. This ruling will incorporate two existing hazmat special permits into the 49 CFR Hazardous Materials Regulations (HMR)
EPA’s Electronic Hazardous Waste Manifest System — Roll-out to begin 06/2018
The Hazardous Waste Manifest is a shipping paper required for the transport of hazardous waste, and hazardous waste is regulated in transport by US DOT. While this rulemaking has implications across various industries, here are the consequences specific to hazmat shippers:
The new e-Manifest system will be rolled out on/by June 30th. The EPA plans to utilize the e-Manifest to collect domestic hazardous waste manifests and domestic shipments of State-only regulated hazardous wastes. The e-Manifest system will be funded via user fees for the treatment, storage, and disposal facilities and State-only waste receiving facilities.
Oil Spill Response Plans for High-Hazard Flammable Trains (RIN 2137-AF08) — Expected 07/2018
A Final Rule from DOT to expand the applicability of oil spill response plans for trains transporting Class 3 flammable liquids in specific volumes and orientations across the train. This requirement will apply to High-Hazard Flammable Trains (HHFTs).
These are just the new hazmat rules that are already on the horizon. As always, Skolnik will continue to monitor future regulations or updates that may impact operations, shippers, brokers and carriers, and we encourage all other dangerous goods professionals to do the same.
Doing your due diligence now can prevent a disaster (or hefty fine) later.
