NACD Comments on Closure Instruction Requirement in Hazardous Materials Proposed Rulemaking

26 Jun, 2012, 10:59 ET from National Association of Chemical Distributors (NACD)

ARLINGTON, Va., June 26, 2012 /PRNewswire-USNewswire/ -- The National Association of Chemical Distributors (NACD) filed comments yesterday in response to a notice of proposed rulemaking from the Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) published in the April 26, 2012 Federal Register regarding Docket Number PHMSA-2011-0138 (HM-218G), Hazardous Materials: Miscellaneous Amendments (RRR).


In the comments, NACD expressed serious concerns about "the proposed change to Section 178.2 that closure notification requirements apply to packagings containing a residue of a hazardous material. If adopted, this requirement would add unnecessary complexity and expense to the operations of chemical distributors and their customers."

The comments noted that PHMSA fails to make the case for requiring closure instructions for empty containers. NACD Vice President of Regulatory Affairs Jennifer Gibson wrote, "The agency states that the measure will result in fewer packages being improperly closed and thereby reduce the potential for leaks in transportation. However, PHMSA does not provide evidence that leaking empty containers have been a safety problem."

"This requirement would add substantial complexity and expense to distributor operations. These companies would need to obtain closure instructions for each product, which sometimes number in the hundreds, and are often purchased from more than one manufacturer," Gibson said in the comments.

In addition, Gibson stated, "NACD also has concerns about distributors' compliance responsibility. PHMSA has not provided guidance on how the information is to be supplied to customers, and it is unclear where the responsibilities would lie."

To view NACD's full comments, go to

NACD and its over 400 member companies are vital to the chemical supply chain, providing products to over 750,000 end users. They make a delivery every six seconds while maintaining a safety record that is more than twice as good as all manufacturing combined. NACD members are leaders in health, safety, security, and environmental performance through implementation of Responsible Distribution, established in 1991 as a condition of membership and a third-party verified management practice. For additional information on our members, their safety record or NACD, visit NACD at

Contact: Lucinda Schofer

SOURCE National Association of Chemical Distributors (NACD)