PHMSA Considers Designating Polyurethane Foam and Products as Transport Hazmats
The Pipeline and Hazardous Materials Safety Administration is reopening the comment period for its March 2007 notice regarding the merits of a petition to designate polyurethane (PU) foam and certain finished products containing PU foam (e.g. sofas, insulation)1 as hazardous materials when transported in commerce.
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(In October 2006, the National Association of State Fire Marshals (NASFM) petitioned PHMSA to classify PU Foam and certain finished products containing it as hazardous material for purposes of transportation in commerce, as a matter of safety for emergency responders and the public.)
PHMSA is re-opening the comment period until further notice so that interested persons may submit additional comments.
Petition Says PU Foam is a Hazmat in Transportation
The petition argues that PU foam, whether in bulk shipments or in finished products, is explicitly listed and controlled as a hazardous material in all phases of manufacturing, construction, and consumer applications. It adds that regulations exist across agencies that regulate the use and storage of PU foam, but a gap exists in ensuring its safe transportation.
Because it is not officially classified as a hazardous material for purposes of transportation, the petition argues that the safety of emergency responders and the public is compromised.
Petition Requests Interim Rule Designating Bulk PU Foam as Class 9 Hazmat, Etc.
NASFM proposes that PHMSA issue an interim final rule designating bulk shipments of PU foam as a Class 9 hazardous material. Among other things, the proposed interim final rule would require carriers to display orange panels with the identification number to identify the presence of PU foam for initial responders.
In addition, NASFM proposes that PHMSA issue a proposed rule to explore the need for additional regulatory oversight of products manufactured using PU foam.
PHMSA Seeks Comments to Determine Whether to Proceed with Rulemaking
PHMSA is seeking comments in regard to the safety implications of the proposals contained in NASFM's petition in order to assist PHMSA in making a decision of whether to proceed with a rulemaking.
(PHMSA notes that issuance of the notice re-opening the comment period does not constitute a decision by PHMSA to undertake a rulemaking action on the substance of the petition.)
1PU foam is used in a variety of applications including as fill in sofas and mattresses; as insulation in buildings; as crack filler in homes, etc.
PHMSA contact - Helen Engrum (202) 366-8553
PHMSA extension notice (D/N 2006-26275, FR Pub 05/07/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-10101.pdf
PHMSA notice (D/N 2006-26275, FR Pub 03/30/07) available at http://edocket.access.gpo.gov/2007/pdf/E7-5948.pdf