On May 30, 2012, the DOT rescinded an April 2010 ANPRM regarding Combustible Liquids. The DOT was soliciting comments whether to consider harmonization of the Hazardous Material Regulations (HMR) applicable to the transport of combustible liquids with the international transportation standards as seen in the UN Recommendations.
The ANPRM was to invite public comments on the amendment to the HMR, and make recommendations on how to revise, clarify or relax requirements to facilitate transport and still ensure safety.
Under the HMR, when packaged in non-bulk packagings, a material with a flash point of 100 -140 oF may be reclassed as combustible liquids and are not subject to the HMR when transported by highway or rail. These materials ARE regulated as flammable liquids when transported by vessel under the International Maritime Dangerous Goods (IMDG) Code and by aircraft under the International Civil Aviation Organization’s Technical Instructions (ICAO Technical Instructions). In addition, there are some exemptions for combustible liquids when transported domestically in bulk quantities.
The classification system in the UN Recommendations has no combustible liquid category or hazard class. The domestic regulation of these materials is in conflict and may be confusing to both domestic and international shippers and carriers of flammable and combustible liquid shipments.
The Results are In
The majority of the commenters opposed harmonization and elimination of the combustible liquid classification and expressed support for the non-bulk and bulk combustible liquid exemptions for domestic transport.
In addition, the DOT after analyzing the economic cost of implementing such a change found it to be “significant” and is thereby denying three petitions from the International Vessel Operators Dangerous Goods Association (IVODGA), the Dangerous Goods Council (DGAC) and the US Customer Harvesters, Inc. which all relate to the current combustible liquid regulations.
Today’s notice withdraws the April 5, 2010 ANPRM.
ICC USA
ICC Canada