Washington-The Fertilizer Institute (TFI) reported on Feb. 1 that the Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued its final rule incorporating several long-standing special permits into the federal hazardous materials regulations. Special permits 10950 and 13554, held by TFI on behalf of its members, were included in this rulemaking. The effective date of the final rule is March 3, but voluntary compliance is authorized immediately. As a result of this final rule, TFI reported, nurse tanks mounted on field trucks (SP-10950) and nurse tanks with missing or illegible dataplates (SP-13554) will no longer need to be marked with the special permit number, but the requirements contained in the special permits for continued operation will still need to be met. TFI said PHMSA is not addressing any alterations to these special permits as several associations suggested. For example, the FarWest Agribusiness Association suggested that PHMSA extend the 50 mile limitation in SP-10950 to 100 miles, and TFI suggested that PHMSA require the same testing of all nurse tanks, not just those with missing or illegible dataplates. PHMSA stated that any modifications will need to be submitted as a petition for rulemaking. In this regard, TFI said it previously submitted a petition for rulemaking for testing of all nurse tanks, and PHMSA will be addressing that petition in a separate rulemaking proceeding.
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