After a quick weeklong break last week, we’re back this time with a two week Digest chock full of PHMSA news. Grab your coffee and let’s jump right in:
PHMSA
The agency released a huge tranche of revised rules on Tuesday, August 4, 2026. Several of them are quite significant, among them an allowance in 49 CFR 172.315 for reduced size LQ markings printed right on shipping labels (domestic ground only), as well a jump in allowable lithium battery carriage for the Materials of Trade (MOT) exemption in 49 CFR 173.6. Special guest contributor to the blog and Director of Consulting Operations Jim Shimko provided this excellent and comprehensive summary, seen below:
HM–268A – Reducing Burdens on Domestic Aerosol Shippers
SUMMARY: PHMSA is amending the Hazardous Materials Regulations by updating the definition of an aerosol to eliminate unnecessary regulatory burdens and maintain consistency with current international transportation standards. PHMSA is revising the definition of an aerosol in 49 CFR 171.8 to add aerosols that consist solely of gases instead of requiring an aerosol to expel a liquid, paste, or powder.
HM–268B – Reducing Costs to Domestic Shippers and Carriers of Limited Quantities
SUMMARY: This final rule removes undue regulatory burdens by allowing regulated entities to use a reduced sized marking for limited quantity shipments of hazardous materials by highway, rail, or vessel.
Currently, 49 CFR172.315 specifies the marking requirements for limited quantities of hazardous materials, with paragraph (a)(2) of this section detailing the minimum size requirements. PHMSA is revising 49 CFR 172.315(a)(2) to allow regulated entities to use a reduced sized limited quantity marking (25mm x 25mm) on a package shipping label for certain shipments of hazardous materials in modes other than aircraft. PHMSA is also revising 49 CFR 173.25(a)(6) to specifically state that this marking is not authorized on an overpack.
HM–268C – Reducing Burdens on Domestic Companies Using Battery-Powered Equipment in Trades
SUMMARY: This final rule modernizes the Materials of Trade (MOT) exception in the Hazardous Materials Regulations (HMR) by increasing the maximum allowable quantities of lithium batteries that can be transported as MOTs.
HM–268D – Reducing Undue Paperwork Burdens to Domestic Carriers
SUMMARY: This final rule removes undue regulatory burdens by providing domestic carriers and facility operators the option to maintain electronic copies of emergency response information rather than requiring a hard copy printed on paper.
HM–268E – Remove Redundant List of U.S. EPA CERCLA Hazardous Substances
SUMMARY: This final rule streamlines the Hazardous Materials Regulations by modifying how hazardous substances are listed. Instead of maintaining a duplicative list, the regulations will now rely on the authoritative, comprehensive list already maintained by the U.S. Environmental Protection Agency.
PHMSA is modifying how hazardous substances and their reportable quantities are listed within the Hazardous Materials Regulations (HMR). Specifically, rather than maintaining a duplicative list found in Tables 1 and 2 to Appendix A of 49 CFR 172.101 that must be periodically revised for consistency with the U.S. Environmental Protection Agency (EPA) list found at 40 CFR 302.4, PHMSA is amending Appendix A to reference the EPA list directly. In addition, PHMSA is revising the definitions of ‘‘hazardous substance’’ and ‘‘reportable quantity (RQ)’’ to reference the EPA list in a seamless manner. Finally, PHMSA is making a conforming revision to the requirements for empty packagings to reflect the newly modified structure of Appendix A.
HM–268F – Allowing Continued Use of Department of Transportation Special Permit Packagings
SUMMARY: This final rule removes undue regulatory burdens by allowing for the continued use of packagings authorized under a manufacturing special permit for the useful life of the package.
HM–268G – Improving Efficiencies for Special Permits and Approvals Renewals
SUMMARY: This final rule amends the Hazardous Materials Program Procedures to allow an application to renew a special permit or approval to be filed any time on or before its expiration date rather than requiring the renewal application to be filed 60 days in advance as under the current regulations.
HM–268H – Modernizing Payments To and From America’s Bank Account
SUMMARY: This final rule modernizes the payment system for hazardous materials transportation registration fees by eliminating the option to pay by paper check and requiring electronic payment through the U.S. Department of Transportation (Department or DOT) e- Commerce internet site.
HM–268I – Reducing Recordkeeping Requirements for Domestic Carriers
SUMMARY: This final rule amends the hazardous materials program procedures to allow motor and vessel carriers to carry PHMSA registration documents in electronic form. PHMSA is revising 49 CFR 172.602 to provide domestic carriers and facility operators the option to maintain electronic copies of emergency response information rather than requiring a hard copy printed on paper.
HM–268J – Reduce Training Burdens for America’s Farmers
SUMMARY: This final rule makes an inflationary adjustment to the monetary threshold for farmers to be eligible for an exception from security plan and in- depth security training requirements.
HM–268K – Removing Burdensome Rail Reporting Requirements
SUMMARY: This final rule reduces undue regulatory burdens by eliminating or replacing various rail transportation requirements that are either obsolete, overly burdensome, or conflict with other requirements in the Hazardous Materials Regulations.
HM–268L – Adoption of Department of Transportation Special Permits 12412 and 11646
SUMMARY: The adoption of these special permits will authorize the discharge (i.e., emptying) of certain hazardous materials from specified packaging types without first removing the packaging from the vehicles on which they are transported.
HM–268M – Adoption of Department of Transportation Special Permit 21287
SUMMARY: This final rule is adopting the provisions of U.S Department of Transportation (DOT) special permit (SP) 21287 to streamline the transportation of refrigerating machines—including common household appliances like refrigerators, window-mounted air-conditioning units, and dehumidifiers—that contain small quantities of certain low flammability refrigerant gases.
PHMSA is adopting the provisions of DOT SP 21287 into the Hazardous Materials Regulations (HMR; 49 CFR parts 171–180) by revising 49 CFR 173.307(a)(4) to provide an exception for the transportation of refrigerating machines containing certain low flammability refrigerant gases (i.e., refrigerants). This revision expands the existing exception to include refrigerating machines that use a refrigerant that is a Category 1B refrigerant as specified in the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals (which PHMSA is incorporating by reference) or a Group A2L refrigerant as specified in American National Standards Institute/American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ANSI/ ASHRAE) Standard 34. PHMSA is also incorporating by reference ANSI/ ASHRAE Standard 34–2024, ‘‘Designation and Safety Classification of Refrigerants,’’ which refers users to the list of flammable gases eligible for this exception.
HM–268N – Adoption of Department of Transportation Special Permit 21379
SUMMARY: This final rule is adopting the provisions of U.S. Department of Transportation (DOT) special permit (SP) 21379 to streamline the transportation of refrigerating machines and components containing certain low flammability refrigerant gases.
PHMSA is adopting the provisions of DOT SP 21379 into the Hazardous Materials Regulations (HMR; 49 CFR parts 171–180) by revising 49 CFR 173.306 to streamline the transportation of refrigerating machines containing certain low flammability refrigerant gases (i.e., refrigerants). This revision allows up to 5,000 lbs. of low flammability refrigerants in refrigerating machines if they are a Category 1B refrigerant as specified in the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals (which PHMSA is incorporating by reference) or a Group A2L refrigerant as specified in American National Standards Institute/American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ANSI/ ASHRAE) Standard 34. PHMSA is also incorporating by reference ANSI/ ASHRAE Standard 34–2024, Designation and Safety Classification of Refrigerants, which refers users to the list of flammable gases eligible for this exception.
HM–268O – Adoption of Department of Transportation Special Permit 14175
SUMMARY: This final rule is adopting the provisions of U.S. Department of Transportation (DOT) special permit (SP) 14175 to authorize a 10-year requalification period and the ultrasonic examination (UE) testing method for DOT specification 3A and 3AA cylinders in flammable and non- flammable, nonpoisonous gas service.
HM–268P – Adoption of Department of Transportation Special Permit 21478
SUMMARY: This final rule is adopting the provisions of U.S. Department of Transportation (DOT) special permit (SP) 21478 to allow empty intermediate bulk containers (IBCs) that only contain the residue of a hazardous material to be transported without shipping papers, placards, and United Nations (UN) identification (ID) numbers.
Transportation is only authorized to a reconditioning, remanufacturing, requalification, disposal, or repair facility.
PHMSA also published its latest tranche of Special Permit (SP) actions. See them at the three links provided here:
In yet another release later in the week, the agency published a final rule that allows for fireworks certification agencies to certify professional grade fireworks. See this rule here:
EPA
The agency is finalizing an extension of compliance dates applicable to entities subject to the risk-management rules for perchloroethylene (PCE) and carbon tetrachloride (CTC) under the Toxic Substances Control Act (TSCA). For both PCE and CTC, this action extends the compliance date for initial monitoring for inhalation exposure to June 21, 2027, and extends the compliance date to meet the existing chemical exposure limit (ECEL), establish a regulated area, institute a workplace information and training program, provide any required respiratory personal protective equipment (PPE), and establish a respiratory PPE program to September 20, 2027. This final rule is effective on July 28, 2026. Revieww it here:
The EPA also issued its new TSCA Risk Assessment for Dichlorobenzene. Find the assessment at the link:
FMCSA
A new proposed rule from this agency would declare that “lack of proficiency in English” will be an out of service violation for commercial drivers. See this NPRM here:
The agency released an ICR related to its “Drug & Alcohol Testing Clearinghouse,” which is its central locus for CDL driver test information. See the ICR here:
OSHA
The agency promulgated an ICR related to its safety standard for powered lifts and platforms. See this ICR below:
The agency is also extending its comment period for rule revisions to its Benzene Standard. See that comment extension at this link:
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