By Frits Wybenga, Senior Technical Advisor

PHMSA published its HM-224D/HM-215J final rule on January 14. 2009.  HM-215 dockets are issued every other year and have the objective of harmonizing the Hazardous Materials Regulations (HMR) with changes going into effect in the international regulations. HM-215J is intended to harmonize with UN changes included in the 15th revised edition of the UN Recommendations, the 2009 -10 ICAO Technical Instructions (2009 IATA Dangerous Goods Regulations) which became effective on 1 January 2009 and the 2008 IMDG Code which became effective on a voluntary basis on 1 January 2009 and which will become mandatory on 1 January 2010. In Europe, similar changes also became voluntarily effective through the ADR and RID on 1 January 2009 and become mandatory on 1 July 2009.  The requirements in this final rule may be implemented immediately and unless specifically stated otherwise become effective on a mandatory basis on 1 January 2010.

Unlike past HM-215 rulemakings, PHMSA combined the HM-215J rulemaking with another rulemaking on batteries – HM-224D.  PHMSA reasoned that some battery changes stem from the amendments to the ICAO TI. Interestingly, as will be seen, the battery provisions introduced in this final rule seem far from harmonized with corresponding international requirements calling into question PHMSA’s reasoning.

The majority of the amendments are routine and relatively minor revisions.  While many are of importance to a particular industry segment, they are normally of limited interest to the overall hazmat community.  However, there are some issues of more general interest and these are the focus of this writing.

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