Updated: 2 Hazmat "Rules of the Future" Revealed

Update 08/08/24

Industry stakeholders and the public will have a chance to provide input into the development of regulations for transporting hazmat by unmanned aircraft systems (UAS) or "drones" during a public web conference hosted by PHMSA and FAA on August 22, 2024.

Individuals must RSVP here to participate in the meeting, which will take place from 1 to 4 PM ET.  

Why now for hazmat-by-UAS? The FAA Reauthorization Act of 2024 includes a section that directs US DOT to "establish the operational requirements, standards, or special permits necessary to approve or authorize an air carrier to transport hazardous materials by UAS..." 

For PHMSA and FAA, the first steps toward any new Federal hazmat regulation involve soliciting input from shippers and transporters, packaging manufacturers, and others with unique insight about how to move hazardous materials from place to place.  

Two Hazmat "Rules of the Future" Revealed

US DOT PHMSA plans to initiate two forward-looking hazardous materials rulemakings in 2025 that will address continuing advances in transportation technology. 

One rule would address transportation of hazmat using autonomous systems (e.g., drones). The other would streamline and clarify the requirements for transporting “spacecraft and space-related hazardous materials.”

PHMSA includes both rules on its list of planned actions in the recently updated Unified Agenda of Regulatory and Deregulatory Actions, the twice-annual “status report” on regulations in development at Federal agencies. Stay tuned to Lion News in the weeks to come for more details about the hazmat, EPA, and OSHA regulations to expect (and when to expect them).

Lion Members: Get the full breakdown of hazardous materials, RCRA hazardous waste, and OSHA rules in development now in this recent Member Bulletin. 

Using Autonomous Systems in Hazmat Transportation

Years ago, PHMSA issued a request for information (RFI) about the “development and potential use of automated technologies for surface modes (i.e., highway and rail) in hazardous materials transportation.”

Now, the agency is developing a rule (RIN 2137-AF68) that would revise the HMR to accommodate handling, transportation, and hazard communication issues unique to autonomous systems. The rule would address multimodal transportation of hazmat; PHMSA is coordinating with FAA, FMCSA, FRA, and the US Coast Guard to develop it.

The Rule is currently listed as in the “pre-rule” stage, with PHMSA planning an Advanced Notice of Proposed Rulemaking (ANPRM) for 2025.

Can Hazmat Fly by Drone?

Transportation of hazardous materials by unmanned aircraft system (UAS) is permitted only when the operator is certified as an air carrier under FAA regulation (14 CFR Part 135). To achieve this, a carrier must develop a hazmat/dangerous goods training program and manual and meet other operational and safety requirements. 

The requirements for carrying hazmat by UAS are the same that apply to air carriers using “manned aircraft.” In agricultural operations, drones can be used to disperse hazardous materials like poisons, pesticides, or disinfectants. FAA rules for agriculture operations are in 14 CFR Part 137.

Not any drone can carry hazmat. US FAA regulations prohibit carriage of hazardous materials by “small unmanned aircraft” (14 CFR 107.36). The “no hazmat” rule is one of many restrictions for piloting a drone weighing less than 55 pounds.

Space and Space-Related Hazmat 

The second “future” rule to expect from PHMSA in 2025 is a regulation to “modernize and streamline the HMR…to facilitate the transportation of hazardous materials involved in U.S. space operations.” PHMSA will coordinate with NASA and the Department of Defense on this rule, as well as FAA, the US Coast Guard, and other modal partners. 

Hazardous materials used to prepare for and fly space missions include explosive propellants and fuels, glycols used as antifreeze in on-board instruments, and chemicals used for what NASA calls “simulated planetary environmental testing.” 

NASA’s research and engineering labs also manage substances common across industries like oxidizers, acids, bases, ammonia, and acetone. 

(Source: NASA’s Management of Hazardous Materials. US OIG, Report IG-21-006, December 2020.)

PHMSA aims to publish an ANPRM in 2025 to solicit input from hazmat industry stakeholders about relevant “problems and friction with the current regulatory scheme.” This rule (RIN 2137-AF69) could reduce burdens for the regulated community involved in transportation of space-related hazmat, and for the agency itself. 

Are We There Yet?

As innovations like “self-driving” vehicles, drones/UAS, and commercial space travel become more commonplace, the question is not if hazmat will move by these modes, but when. 

Both the hazmat-by-drone rule and the hazmat-in-space rule show PHMSA following trends to address changing industry needs and new technology to keep the HMR modern. 

Both rules are in the very early stages of development and will face multiple rounds of pubic review and comment before they can be enacted. PHMSA’s hazmat rulemaking process can take one year or more, and sometimes lasts several years.  

So, while PHMSA plans to introduce these rules in 2025, it could be a while until anything is officially proposed or finalized. Who knows, we might even have flying cars by then. 

DOT and IATA Hazmat Shipper Training—Online and In Person

Join Lion for engaging, lively in-person training and develop the expertise you need to classify and name hazardous materials, package hazmat, mark and label packages, fill out shipping papers, and comply with DOT security plan and security training requirements for hazmat employees. US DOT PHMSA requires training ever 3 years for all "hazmat employees" (49 CFR 172.704).

Already got your DOT hazmat training? Expand on your knowledge of US regulations with the Hazmat Air Shipper Certification course to learn the international requirements mandatory for air shipments (IATA DGR).

Hazmat Ground Shipper Certification (DOT) Training
Hazmat Air Shipper Certification (IATA) Training

Train online at your own pace, join a live webinar, or attend an upcoming workshop in Houston, Los Angeles, Chicago, Charlotte, St. Louis, Atlanta, and more. See the full 2024 schedule. 

Tags: hazardous materials, hazmat shipping