When something is “In the Ether”, it means it's there, but you can't see it. Ether, is often used to describe something that is intangible or apparently exists but in a non-physical state. Nikolai Tesla the brilliant and unselfish genius, believed you could pull unlimited amounts of free energy out of the ether. As you might have guessed, that didn’t turn out real well for him.
49 CFR the Pipeline and Hazardous Materials Safety Administration, (PHMSA) is proposing to remove The List of Hazardous Substances and Reportable Quantities from the Department of Transportation, (DOT) regulations. (Link to ANPRM)
Similar to 40 years ago, when PHMSA removed the Combustible Liquid shipping descriptions from the 172.101 Hazardous Materials Table (HMT), at the same time, keeping them in the regulations. DOT is proposing the Hazardous Substances List pull a similar disappearing act. They might not be in the DOT regulations soon, at least not in Appendix A, which will stick around to become the Marine Pollutant List currently residing in Appendix B.
There are six ways for a material to be regulated under the HMR. One, when listed by chemical name in the 172.101 Hazardous Materials Table. Two, when listed in Appendix B the List of Marine Pollutants. Three, by meeting a hazard class definition in 173.2. Four, meeting the definition of an Elevated Temperature. Five, when shipping hazardous waste. Then Six, shipping Hazardous Substances listed in Appendix A.
Does that mean that by removing them from Appendix A, it will now fall to five? No, the regulation stands. They are removing the list from the HMR to eliminate redundancy, but not the DOT Reportable Quantity (RQ) shipping paper and marking requirements.
“Hazardous substance for the purposes of this subchapter, means a material, including its mixtures and solutions, that—(1) Is listed in 40 CFR 302.4 is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in 40 CFR 302.4.”
I'm not sure if you're getting this. If the list is gone how will shippers determine if their material is a DOT Hazardous Substance? Apparently by consulting the 40 CFR Environmental Protection Agency's (EPA) Hazardous Waste Management Regulations, (HMR) in Section 40 CFR 302.4 the List of Hazardous Substances and Reportable Quantities.
EPA Hazardous Waste Regulations, when shipping DOT hazardous material products? Yeah, they are the same list. Only DOT has been updating their duplicate list periodically, so there is a lag.
There is only one regulatory DOT, EPA, OSHA compliance guide that currently contains both lists, our 2025/2026 Hazardous Materials, Substance and Waste Compliance Guide. Order today before the 2025/2026 edition is gone.
DOT wants to eliminate confusion of exactly when a newly listed 302.4 substance is regulated as a hazardous material. Apparently, if DOT gets their way, it will be as soon as the hazardous material is listed in the EPA 302.4 List of Hazardous Substance.
Don’t be surprised if they do the same thing with marine pollutants. DOT might, in the future, use a similar cross reference to Chapter 2.9 of the International Maritime Dangerous Goods Code’s (IMDG) Marine Pollutant Recommendations, for all the same reasons.
Watch for further updates on this Proposed Rule and other Regulatory Changes on our;
FREE Regulatory Update Service Page.
Nikolai, after years of being celebrated as one of the world's true geniuses, died broken and alone. Nothing’s free. There’s a price for everything.
I hope you all have a great 2026 and to see you soon!
Robert J Keegan,
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Incorporated
hazmat.tsp@gmail.com
610-587-3978 text and cell
