January 7, 2013: (FR) PHMSA – extension of ORM-D and the square-on-point LTD QTY mark.


Retroactively effective to 1/1/2013, for other than transportation by aircraft (highway, rail, vessel), PHMSA has extended authorization of the ORM-D classification and packages marked as “Consumer Commodity, ORM-D” to December 31, 2020, which is far beyond what they originally proposed in early 2012.

Also effective retroactively to 1/1/2013, PHMSA has extended the use of the white square-on-point for limited quantity (LTD QTY) packages for other than air transportation (highway, rail, vessel) until January 1, 2015. After such time, the “blank” black and white mark will be required.

This final rulemaking also includes relief for limited quantities with regards to incident reporting requirements. With the eventual dissolution of ORM-Ds, PHMSA has also decided to permit materials packaged as LTD QTY to be eligible for the Material of Trade exception.

In response to appeals of HM-213 regarding maintaining package manufacturer notifications including closing instructions, PHMSA has reverted to their original requirement to retain these records 365 days. Only bulk packages and cylinders which have these instructions permanently embossed on each packaged will be exempted from these retention requirements.

Author: Wendy Buckley

Wendy has been in the hazardous materials industry for over 17 years. She worked for both the Federal Railroad Administration and New Jersey State Department of Transportation as a Railroad Hazardous Materials Safety Inspector. Wendy was an Investigator with the Office of Inspector General at Amtrak, a Multi-Modal HazMat Instructor and Auditor with a premier training and consulting company, and managed the Regulatory Affairs department at a multi-billion dollar, multi-national laboratory supply company. Wendy started her career as a Hazardous Materials Technician and Firefighter and today she is the President & Founder of Specialty Transportation and Regulatory Services, a hazardous materials and hazardous waste management consulting firm. Wendy has multiple degrees from several private and public Universities.