More permits into the rules

The US Pipeline & Hazardous Materials Safety Administration (PHMSA) has issued its final rule under docket HM-245, incorporating six long- standing or widely used special permits into the Hazardous Materials Regulations (HMR). This is designed to provide wider access to the regulatory flexibility offered in the special permits and remove the need for renewal requests.

PHMSA issued its notice of proposed rulemaking (NPRM) under HM-245 on July 21, 2010 (HCB September 2010 page 18); the Administration received 16 comments, only one of which questioned the safety implications of the move. More comments urged rapid action as some of the permits involved were due to expire shortly. As a result, PHMSA is moving ahead with the proposals and the effective date of the changes will be March 3, although immediate compliance is authorised.

The six special permits involved in the change all relate to special purpose cargo tanks, mostly in agricultural operations. These are:

SP 11209 – LPG in non-DOT specification movable fuel storage tenders in agricultural applications;

SP 13113 – transport of liquid soil pesticide fumigants of Division 6.1 in DOT-specification MC 306 and DOT 406 cargo tank motor vehicles and DOT 57 portable tanks;

SP 12284 – carriage of hazardous materials used for road striping in non-DOT specification cargo tanks;

SP 13341 – transport of LPG by private motor carriers in consumer storage containers;

SP 10950 – transport of nurse tanks on field trucks; and

SP 13554 – continued use of nurse tanks with missing or illegible ASME plates in anhydrous ammonia service under specified conditions.