Announced January 7, 2013 in the Federal Register and effective January 1, 2013, the PHMSA of the US Department of Transportation granted the request of the American Coatings Association (ACA) to extend the authorization for use of the ORM-D classification and the use of the “Consumer Commodity, ORM-D” marking on packages transported by highway, rail, and vessel through the end of 2020!

The use of the ORM-D classification and the Consumer Commodity Exception was originally proposed by the PHMSA to be phased out on the following schedule:

• January 1, 2013:  End use of ORM-D classification and Consumer Commodity Exception for transportation by air.  Instead use internationally-accepted Limited Quantity Exception and Marking.  This regulation remains in effect.
• January 1, 2014:  End use of ORM-D classification and Consumer Commodity Exception for transportation by all other modes of transportation (highway, rail, vessel).  Instead use internationally-accepted Limited Quantity Exception and Marking.  This date has now been extended to January 1, 2021.

The news of this extension came as a surprise to me since I understood that the proposed extension was only to be through 2015!  The extension in this Final Rule is a lot longer and should be a great relief to those who ship hazardous materials that meet the definition of consumer commodities.

In the amendments to the Final Rule the PHMSA also:

• Authorized the continued use of the square-on-point and ID number for limited quantity markings until January 1, 2015.
• Exempted Limited Quantity shipments from reporting requirements under 49 CFR Part 171.
• Authorized Limited Quantity material to be transported as Materials of Trade.

This represents a significant modification of a proposed regulation and will have a great impact on industries that ship Consumer Commodities (think of the hazardous chemicals on store shelves, them).  In subsequent articles I will explain more in depth the scope of these changes and how they will affect your operations.  For now, I refer you to the ACA website and an article by Heidi Mcauliffe.

For more information:

• What is an Other Regulated Material (ORM-D)?
• Other Regulated Materials – Past and Present.
• What is the Consumer Commodity Exception?

I now must modify my HazMat Employee training presentation in order to reflect these changes.  Attending my Public Training Seminar or arranging for Onsite Training is a good way for you to stay on top of changes like these and others that are coming down the pike.