Bob Richard Deputy Associate Administrator

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2. 2 Presentation Outline International Harmonization Objectives UN Model Regulations: Harmonization Status UN 2005-2006 Accomplishments Potential HM-215J Issues UN SCOE � Current Issues International Agenda Staying abreast of change How to keep up

3. 3 International Harmonization Objectives Our Hazardous Materials Transportation Law encourages harmonization Enhances safety, compliance and facilitates trade, and reduces the regulatory burden PHMSA maintains more stringent standards when necessary for public safety PHMSA does not adopt requirements which are not in the public interest; all changes are fully evaluated - i.e. no harmonization merely for the sake of harmonization PHMSA advocates high transportation safety standards that are risk based and supported by data

4. 4 UN Model Regulations Harmonization Status 14th Rev. Ed. adopted Jan 1, 2007 in: IMDG Code, Amdt. 33 2005-2006 ICAO TI U.S. HMR (HM-215I) HM-215I Final rule published December 29,2006 ADR/RID 15th Rev. Ed. Completed Dec 2006 Implementation schedule: January 1, 2009 HM-215J � Work in progress

5. 5 HM-215I � International Harmonization Final rule published 12/29/06 Effective date 1/1/07 Delayed compliance date 1/1/08 unless otherwise specified Purpose: Harmonizes HMR with international standards by incorporating amendments to: UN Model Regulations 14th edition 2007/2008 ICAO Technical Instructions 2006 Edition IMDG Code (33-06)

6. 6 HM-215I Highlights Single shipping paper description sequence (UN# first) Extended transition authorized - through January 1, 2013 Indication of the net quantity of hazardous materials per package on the shipping paper required for air transport Revised ORGANIC PEROXIDE label and placard

7. 7 HM-215I Highlights (cont.) Revised classification criteria for PG III flammable liquids Revised classification criteria and packing group assignments for 6.1 materials Adopts provisions for transport of fuel cells containing flammable liquids

8. 8 UN TDG 2005-2006 Accomplishments 2005-2006 major issues likely to be considered in HM-215J! Excepted Quantity Provisions Provisions for Fuel Cells Lithium Batteries Intermediate Bulk Container (IBC) requirements New proper shipping name for ethanol and gasoline mixtures

9. 9 Excepted Quantities Marking

10. 10 New �EQ� Codes

11. 11 Effect of New EQ Provisions ICAO changes minimal the UN system was developed consistent with existing ICAO excepted quantity provisions Secretary has proposed incorporation of new format for 2009-2010 edition IMDG Code expected to adopt the new provisions Anticipated for the 2008 IMDG Code PHMSA to consider domestic implementation Likely to propose domestic use of the new provisions in HM-215J Stakeholder input requested

12. 12 New Fuel Cell Entries New shipping descriptions added to accommodate fuel cells containing: Hydrogen in a metal hydride Water-reactive substances Liquefied flammable gas Corrosive substances

13. 13 Changes to Lithium Battery Requirements Created two new names and amended existing names to distinguish between lithium metal and lithium ion batteries Replaced gram limits with watt hour limits (1.5 g = 20 Wh, 8g = 100 Wh) Wh marking required on batteries Enhanced packaging, marking and documentation provisions for excepted batteries Reduced number of batteries not subject to marking /documentation from 24 cells/12 batteries to 4 cells/2 batteries Added a telephone number for additional information

14. 14 New Vibration Test and Marking for IBCs Vibration test adopted (finally!) Existing US requirement not previously required internationally New maximum permitted stacking load/do not stack marking applies to all IBCs manufactured, repaired or remanufactured as from 1 January 2011

15. 15 New proper shipping name for ethanol and gasoline mixtures In response to the increasing use of alternative fuels such as �E-85� the following new entry was adopted by the UN: �UN 3475, ETHANOL AND GASOLINE MIXTURE or ETHANOL AND MOTOR SPIRIT MIXTURE or ETHANOL AND PETROL MIXTURE, with more than 10% ethanol� This name has already been proposed for inclusion in the HMR via HM-218D NPRM published 9/25/06

16. 16 2007-2008 TDG Sub-Committee Work Schedule 4 Sub-Committee of Experts on the TDG meetings 31st session, July 2007 32nd session, December 4-8. 2007 33rd session, July 2008 34th session, December 2008 Committee of Experts on the Transport of Dangerous Goods (TDG) and on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) 4th session, December 2008 Amendments to the 16th revised edition of the UN Model Regulations will be approved. Comes into Force from Jan. 2011

17. 17 Results of US Proposals to July 2007 UN Session Amendment to P620 - Adopted Proposes to allow up to 30 ml of certain DG to preserve or neutralize pathogens � based on existing authorization in P650 Triple hazard TIH liquid proposal - Adopted Proposes to allow flammable or corrosive labels to be added for certain TIH liquid PSNs Amendment to Bromine Packing Instruction - Adopted Reinstates requirement for an intermediate packaging when combination packaging is used Transport of solids in portable tanks - Adopted Proposes to allow bottom openings on portable tanks used for transport of solids Amendment to UN 3474 � Deferred Proposes that the monohydrate form of 1-HYDROXYBENZOTRIAZOLE (HOBt) be classified in Division 4.1 and included in the PSN for the anhydrous form

18. 18 UN Public Meeting November 27, 2007 Location: New DOT HQ Review proposals submitted to December UN Session This is your chance to provide input that shapes international regulations!

19. 19 Issues for December, 2007 UN Session - Highlights Electronic dangerous goods transport data U.S. supports efforts to improve supply-chain efficiencies through the use of electronic documentation Training U.S. supports clarification of training provisions to allow for untrained individuals to work under the supervision of a trained person before receiving formal training Alternative corrosivity test methods U.S. supports adoption of alternative OECD method equivalent to the In-Vitro method recognized under a Special Permit Markings for cargo transport units under fumigation or containing dry ice The US is reviewing the proposed amendments by the UK and seeking feedback from affected industry New marking for limited quantities The US is supportive of efforts to facilitate transport of limited quantities and is seeking feedback on approach proposed by July UN Working Group

20. Limited Quantities UN July 2007 Working Group Agreed to focus mainly on marking differences Agreement in principle on a generic marking for limited quantities, such as:

21. 21 Limited Quantities Advantages of a harmonized marking Could potentially replace U.S. ORM-D marking or be allowed as an option U.S. consumer commodity packages would be acceptable for worldwide distribution Costs associated with maintaining dual systems or remarking for onward surface movement at destination would be eliminated

22. Limited Quantities vs. Consumer Commodities Additional requirements for Limited Quantities full documentation required for all modes material-specific hazard communication required on the package HMR allows UN# or PSN UN requires UN#

23. Hazard Communication �Implications of a new generic marking Is there a change in the level of risk in transport considering the following: All hazard classes other than Division 6.1 PG II poisons which are authorized as LQs are also authorized as Consumer Commodities Consumer commodities receive a generic package marking (ORM-D) Does the consumer commodity definition alter the risk of the material in terms of its transportation hazards?

24. 24 Limited Quantities Next steps Feedback from IMO and the Joint Meeting (ADR) on UN approach has been favorable U.S. soliciting feedback from stakeholders; plans to conduct a public meeting in early 2008 Revisions to UN Chapter 3.4 will likely be proposed in July, 2008 PHMSA would likely propose to harmonize to the greatest extent practicable without eliminating relief provided currently for ORM-D materials

25. 25 U.S. International Agenda Enterprise approach to developing U.S. 5-year international agenda Short, medium, and longer term initiatives being defined Limited Quantities/Consumer commodities New technologies Battery and power source safety Mutual recognition of approvals and approval processes Data collection and evaluation � enterprise partnership Intermodal efficiencies to include electronic documentation Amend security plan trigger list Reconciling U.S. regulatory and international United Nations priorities and work programs

26. 26 Our Enterprise Commitment Enhanced collaboration Limiting amendments to those that are risk based and data driven Providing reasonable transitions for changes Writing clearer more easily understood requirements Removing unnecessary and burdensome requirements Seeking practical solutions to complex problems Applying technology solutions to enhancing safety

27. 27 How can I stay abreast of changes? Attending conferences such as this one! Sign up to receive email alerts when we publish rulemakings: http://hazmat.dot.gov/contact/email_request.htm Visit the UN and ICAO websites to monitor proposals (see following slides)

28. 28 UN TDG Sub-Committee Documents Reports - http://www.unece.org/trans/ main/dgdb/dgsubc/c3rep.html Working Papers -http://www.unece.org/trans/main/dgdb/dgsubc/ Agendas - http://www.unece.org/trans/main/dgdb/dgsubc/

29. 29 ICAO Website Now Public! http://www.icao.int/anb/FLS/DangerousGoods/FLSDG.cfm Visit the new site to download papers submitted to the Panel DGP 2007 papers now available! Be the first on your block to know what ICAO is considering for the 2009-2010 ICAO TI

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31. 31 PHMSA�s New Website

32. 32 Questions? Bob Richard Deputy Associate Administrator for Hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 1200 New Jersey Ave, SE East Building, 2nd Floor, PHH-2 Washington, DC 20590-0001 Phone: (202) 366-0656 Fax: (202) 366-5713 E-mail: bob.richard@dot.gov