Safety & Compliance News

HM-268A: Updating the aerosol definition

PHMSA revised the definition of an aerosol to include aerosols that contain and dispense only gas. Previously, the HMR definition required the gas to expel a liquid, paste, or powder. The change aligns the HMR with international standards and may reduce the need for special permits when shipping qualifying gas-only aerosol products.

HM-268B: Smaller limited quantity markings

Shippers using the limited quantity exception now have greater flexibility when marking packages. PHMSA authorized a reduced-size limited quantity marking that may be incorporated directly into a shipping label for qualifying domestic highway, rail, and vessel shipments. The reduced marking cannot be used for air transportation and certain other applications.

HM-268C: Expanded materials of trade relief for lithium batteries

Industries such as construction, landscaping, entertainment, and food service increasingly rely on lithium battery-powered equipment. PHMSA updated the Materials of Trade (MOT) exception by increasing allowable lithium battery quantities and providing additional flexibility for transporting batteries used in conducting a business.

HM-268D: Electronic emergency response information

Carriers may now use electronic emergency response information (ERI) in place of paper documents. Emergency response information can be maintained and displayed electronically, provided it is immediately available when required.

HM-268E: Eliminating a duplicate hazardous substance list

PHMSA removed its duplicate list of CERCLA hazardous substances and now relies on EPA's list found in 40 CFR 302.4. The change simplifies regulatory maintenance by eliminating the need for PHMSA to maintain a separate list while preserving the underlying hazardous substance requirements.

HM-268F: Continued use of certain special permit packaging

Companies may continue using qualifying packaging authorized under an expired special permit, provided the packaging remains in compliance with the conditions established under the original permit. This addresses situations where packaging remains safe and compliant even though a permit holder no longer renews the authorization.

HM-268G: Simplified special permit renewals

PHMSA removed the requirement to submit special permit and approval renewal applications at least 60 days before expiration. Holders may now submit renewal applications at any time on or before the expiration date.

HM-268H: Electronic payment of registration fees

PHMSA finalized its transition away from paper check payments by requiring hazardous materials registration fees to be submitted electronically.

HM-268I: Electronic registration documents

Motor and vessel carriers may now carry PHMSA registration certificates electronically rather than maintaining paper copies onboard, provided the documents can be presented during an inspection.

Key to remember: These first nine HM-268 final rules highlight PHMSA's efforts to update documentation requirements, digitize administrative processes, improve consistency with international standards, and provide additional flexibility in several areas of hazmat transportation.

Permits are not “one size fits all.”

Some permits can be obtained very quickly, with instant approval being common for trip and fuel permits. Conversely, OS/OW permits can take longer because they may require route review, load details, axle spacing, dimensions, weight, and other trip-specific information before approval.

When planning ahead matters most.

When you are operating solely intrastate, you only need a permit for that state. Once you begin crossing state lines, you will need a permit for each state in which you operate. If you won’t be operating in a state permanently, then you can get a temporary permit, whereas carriers who operate in multiple states regularly will need permanent permits in each state they operate in.

Planning ahead is especially important when a move

• Crosses multiple jurisdictions,
• Involves oversize or overweight freight, and/or
• Requires travel on a specific route.

The cost of waiting too long.

Waiting until the last minute can lead to obstacles that impede your ability to operate as planned. If an application requires additional information, a state office is closed, or a route needs to be adjusted, you may need to pause operations until it is sorted. This can lead to missed delivery windows, driver downtime, added fuel and lodging costs, unhappy customers, and pressure to make risky decisions.

The ROI of planning ahead.

Permit planning is not just about paperwork. It supports safer routing, more accurate dispatching, better customer communication, and stronger compliance records. For oversize/overweight moves, advance planning can also help identify whether secondary permits—such as city, county, or local permits—may be required along the route.