Pressure Points
PHMSA Study on
Aerosol Products
For consumers and workers around the world, aerosol
products are convenient packages that are safe, efficient and
easy to use. The unique packaging form allows a wide range
of products to be dispensed in a variety of sprays. Manufacturers
and marketers are able to innovate products and deliver them to
consumers and workers, providing benefits that help to improve
their lives both at home and in the workplace.
For the end-user, the aerosol product is simple—a button is
pushed, the product ejects its contents and the desired job is
accomplished. However, for aerosol manufacturers, making
aerosol products is not a simple task and there are inconsistencies
between global laws and regulations that make it even more
difficult.
In an effort to harmonize U.S. regulations, the Household &
Commercial Products Association (HCPA)1, Council on Safe
Transportation of Hazardous Articles, Inc. (COSTHA), National
Aerosol Association (NAA) and American Coatings Association
(ACA) petitioned the U.S. Dept. of Transportation (DOT)
Pipeline & Hazardous Materials Safety Administration (PHMSA)
in 2017 to align the Hazardous Material Regulations (HMR) with
applicable international regulations by modifying the definition
of an aerosol to include certain non-refillable gas containers with
or without a liquid, paste or powder.
Currently, the HMR2 provides the following definition of an
aerosol:
Aerosol means any non-refillable receptacle containing a gas compressed,
liquefied or dissolved under pressure, the sole purpose of which
is to expel a nonpoisonous (other than a Division 6.1 Packing Group
III material) liquid, paste, or powder and fitted with a self-closing
release device allowing the contents to be ejected by the gas.
This definition is inconsistent with the definition of an aerosol
found in the United Nations Model Regulations (UNMR), the
International Maritime Dangerous Goods (IMDG) Code, the
International Civil Aviation Organization Technical Instructions
on the Safe Transport of Dangerous Goods by Air (ICAO TI) and
the Regulations governing European Road Transport (ADR).
Without the alignment of definitions, the aerosol industry
will have to continue to utilize special permits to authorize small,
pressurized containers of various gases to be reclassified as limited
quantity and shipped with very broad exceptions. Some of these
special permits, DOT-SP 10232, for example, have been around
for decades. The shipment of products under special permits
and classifications has shown excellent safety in distribution and
market; otherwise, the industry wouldn’t be able to continue to
utilize them.
However, using special permits is an extra burden upon shipping
gas-only aerosol products that other aerosol products do
not have. Aligning the definitions of an aerosol would relieve
TOM FERGUSON
Senior Technical
Consultant,
COSTHA
manufacturers and the channels of distribution from the special
permits’ extra requirements.
In February 2019, PHMSA’s Office of Hazardous Materials
Safety (OHMS) contracted with Cambridge Systematics to conduct
a risk assessment for the transportation of aerosol products
to align the U.S. and international regulations. The purpose
of the risk assessment is to determine if the UNMR definition
of aerosols maintains an equivalent level of safety to the HMR
definition and to assess potential risks associated with aligning the
HMR with the UNMR.
Cambridge Systematics’ scope of work includes:
1. A literature review and to identify industry stakeholders at
respected trade organizations for interviews;
2. A supply chain analysis by identifying historical
transportation routes, conveyances, frequencies and
quantities; and
3. A risk analysis for potential consequences that could
potentially result from incidents involving the transport of
aerosols, and an analysis of relevant losses and incidents
involving flammable gases during transport.
Cambridge Systematics is expected to complete its study around
February 2020. If it recommends to PHMSA that the harmonization
of the definition of an aerosol found in the HMR with the
UNMR ensures an equivalent level of safety, PHMSA would be
expected to initiate a rulemaking for the alignment. This alignment
would reduce the burden on the industry and eliminate the
need for special permits that allow for gas-only aerosol products to
be offered under transportation exceptions.
Modifying the current definition in the HMR is a step in
the right direction to reduce regulatory burdens on the aerosol
industry, but there are also other opportunities. These opportunities
include allowing the use of alternative technologies to the hot
water bath test3, reducing regulatory barriers to plastic aerosol
products4 and moving to solely a performance-based standard for
metal containers5. We respectfully encourage you to get involved
to help the aerosol industry align domestic regulations with international
regulations. These efforts would greatly assist in not only
reducing regulatory burdens, but equally important, they would
help to maintain the safety record of the U.S. aerosol industry.
This will almost undoubtedly make it easier for consumers and
workers to purchase and obtain the aerosol products that improve
daily life. Please do not hesitate to contact us at ngeorges@thehcpa.
org and tom@costha.com for more information. Spray
10 Spray May 2019
NICHOLAS GEORGES
Director
Scientific Affairs,
HCPA
1 At the time known as the Consumer Specialty Products Association (CSPA)
249 CFR §171.8
349 CFR § 173.306
449 CFR § 173.306(a)(5), 49 CFR § 178.33b-5, and 49 CFR § 178.33b-6
549 CFR § 178.33-7, 49 CFR § 178.33a-7