{"id":884897,"date":"2025-08-07T07:00:39","date_gmt":"2025-08-07T11:00:39","guid":{"rendered":"https:\/\/www.thecompliancecenter.com\/ca\/?p=884897"},"modified":"2025-12-01T01:46:17","modified_gmt":"2025-12-01T06:46:17","slug":"phmsa-proposes-to-ease-regulations","status":"publish","type":"post","link":"https:\/\/www.thecompliancecenter.com\/ca\/help-center\/articles\/phmsa-proposes-to-ease-regulations\/","title":{"rendered":"PHMSA Proposes to Ease Regulations"},"content":{"rendered":"

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PHMSA Proposes to Ease Regulations on Lithium Batteries as Materials of Trade<\/h2>\n

It wouldn\u2019t be summer if we didn\u2019t find our ears occasionally assaulted by the noise of a power tool somewhere in the neighborhood \u2013 a leaf blower, a lawn mower, a weed trimmer. But nowadays, those sounds are less obtrusive, as equipment running on lithium batteries has started to replace older combustion-engine-powered devices. Not only is this equipment quieter, but it is oftenlighter, more environmentally friendly, and more economical.<\/p>\n

But for contractors and other workers using such devices, there\u2019s a catch \u2013 lithium batteries are hazardous materials, and normally would have to be packaged, documented, marked, and labeled and even placarded as hazardous. Of course, there\u2019s the handy \u201cMaterials of Trade<\/a>\u201d exception in found in Title 49 of the Code of Federal Regulations (49 CFR) section 173.6<\/a>. This allows people in the course of their employment to carry reasonable amounts of hazardous materials without special packaging or hazard communication. But these provisions are showing their age, and don\u2019t have any specifics applicable to lithium batteries. They\u2019re simply lumped in as Class 9, Miscellaneous Hazardous Materials, and the size limits there are not necessarily appropriate for today\u2019s devices.<\/p>\n

For example, packages and pieces of equipment are currently restricted to no more than 30 kilograms gross to qualify. This makes the transportation of tools of the trade for many small businesses unnecessarily expensive and restrictive. Further, there are no special safety rules for lithium batteries, which are known to present unique dangers in transportation.<\/p>\n

PHMSA Proposes a Solution<\/h2>\n

Seeing that this is a significant issue to their members, the Portable Rechargeable Battery Association (PRBA) has petitioned the Pipelines and Hazardous Materials Safety Administration (PHMSA) for relief. In response, PHMSA has issued a Notice of Proposed Rulemaking titled “Hazardous Materials: Reducing Burdens on Domestic Companies Using Battery-Powered Equipment in Trades<\/a>,\u201d with the docket identifier HM-268C. Based on preliminary investigation, PHMSA believes this will reduce costs and improve flexibility for regulated parties, while still protecting workers and the public from the known risks of lithium batteries<\/a>.<\/p>\n

Proposals in this NPRM include:<\/p>\n