PHMSA Seeks Feedback on Reform of Hazardous Materials Transportation Regulations by August 4, 2025 – The National Law Review

PHMSA Seeks Feedback on Reform of Hazardous Materials Transportation Regulations by August 4, 2025 – The National Law Review

 

Regulatory Review of Hazardous Materials Transportation and its Implications for Sustainable Development Goals

A recent Advanced Notice of Proposed Rulemaking (ANPRM) issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA) initiates a comprehensive review of its Hazardous Materials Regulations (HMR). This review is framed as an effort to reduce regulatory burdens and enhance domestic energy production, creating a critical intersection with several United Nations Sustainable Development Goals (SDGs). The initiative invites stakeholder feedback to guide potential reforms, presenting a pivotal moment to balance economic objectives with commitments to public safety, environmental protection, and sustainable infrastructure.

Core Objectives of the Regulatory Review

H3>Advancing Economic Growth and Energy Access

The primary stated goal of the ANPRM is to identify and amend or repeal HMR provisions that impose “undue burdens” on the energy sector and other industries. This aligns with key economic targets within the SDGs.

  • SDG 7 (Affordable and Clean Energy): By seeking to reduce costs associated with the transportation of energy resources, the review aims to support access to affordable energy. However, the emphasis on all domestic energy resources, including crude oil and nuclear materials, requires careful consideration of the “clean” energy component of this goal.
  • SDG 8 (Decent Work and Economic Growth): The initiative intends to improve government efficiency and reduce compliance costs for a wide range of stakeholders, including manufacturers, carriers, and logistics providers, thereby fostering economic productivity and growth.

H3>Fostering Institutional Integrity and Partnerships

The process established by PHMSA reflects principles of transparent governance and multi-stakeholder collaboration, which are central to the successful implementation of the SDGs.

  • SDG 16 (Peace, Justice, and Strong Institutions): The ANPRM represents a formal, participatory process for regulatory reform, inviting public comment to ensure decision-making is responsive and inclusive. The call for feedback on improving the petition process further strengthens institutional effectiveness.
  • SDG 17 (Partnerships for the Goals): PHMSA is actively soliciting input from the private sector and industry stakeholders. This public-private partnership is essential for developing regulations that are both effective and practical, leveraging industry expertise to achieve shared safety and efficiency objectives.

Alignment with Sustainable Development Frameworks

H3>Infrastructure, Innovation, and Community Safety

The HMR review directly impacts the safety and resilience of national infrastructure and the communities it serves.

  1. SDG 9 (Industry, Innovation, and Infrastructure): The review provides an opportunity to modernize regulations governing critical transportation infrastructure. Incorporating widely used Special Permits with established safety records into the HMR could foster innovation and create more resilient, efficient systems for hazardous material transport.
  2. SDG 11 (Sustainable Cities and Communities): Ensuring the safe transport of hazardous materials is paramount to protecting human settlements. While the review seeks to reduce burdens, it must uphold and enhance public safety standards to mitigate risks to communities located along transportation corridors.

H3>Responsible Production, Consumption, and Climate Action

The potential deregulation carries significant implications for environmental stewardship and long-term sustainability.

  • SDG 12 (Responsible Consumption and Production): The HMR governs the entire lifecycle of hazardous materials transport, from raw chemical inputs to waste products from energy exploration. Any reforms must ensure the environmentally sound management of these materials to align with responsible production patterns.
  • SDG 13 (Climate Action): The administration’s goal to “Unleash American Energy” through deregulation could potentially conflict with climate objectives if it leads to increased reliance on and transportation of fossil fuels. Stakeholder feedback provides a crucial opportunity to advocate for reforms that do not undermine national and global climate action goals.

Procedural Framework and Call to Action

H3>Scope of Requested Feedback

PHMSA is seeking detailed comments from all impacted parties on several key areas:

  • Identification of specific HMR provisions, guidance documents, or letters of interpretation that pose undue burdens.
  • Analysis of the nature and magnitude of compliance costs and implementation challenges.
  • Proposals for specific amendments or rescissions, including their technical feasibility and anticipated impact on costs.
  • Nomination of Special Permits with proven safety records for codification into the HMR.
  • Feedback on improving the efficiency of PHMSA’s compliance with the National Environmental Policy Act (NEPA).

H3>Impacted Parties and Deadline

This regulatory review impacts any entity involved in the transportation of hazardous materials in the United States. Key stakeholders include:

  • Manufacturers and retailers
  • Transportation logistics providers
  • Carriers (rail, truck, air, and vessel)
  • Waste disposal companies
  • The entire energy supply chain

The deadline for submitting written comments is August 4, 2025.

Analysis of Sustainable Development Goals (SDGs) in the Article

Which SDGs are addressed or connected to the issues highlighted in the article?

  1. SDG 7: Affordable and Clean Energy

    • The article directly addresses the energy sector by mentioning the “Unleashing American Energy” Executive Order, the goal to increase “domestic energy resources,” and the impact on the “energy supply chain.” The proposed regulatory reform aims to reduce costs, which connects to the “affordable” aspect of energy.
  2. SDG 9: Industry, Innovation, and Infrastructure

    • The article focuses on the regulations governing transportation infrastructure (pipelines, railroads, truckers, airlines) essential for industry. The initiative to review and amend the Hazardous Materials Regulations (HMR) is aimed at supporting industries that transport hazardous materials by improving efficiency and reducing burdens, thereby affecting industrial and infrastructure policy.
  3. SDG 8: Decent Work and Economic Growth

    • The stated goal of the regulatory review is to “eliminate undue burdens” and “reduce costs” for a wide range of businesses, including manufacturers, retailers, and carriers. This is part of a broader “Unleashing Prosperity through Deregulation” initiative, which directly links to promoting economic growth by improving the business environment.
  4. SDG 12: Responsible Consumption and Production

    • The article’s subject is the regulation of hazardous materials transport. This relates to the sound management of chemicals and wastes. While the article’s focus is on deregulation, it explicitly mentions the need for “maintaining public safety” and considering Special Permits with “established safety records,” which are central to the principles of responsible management of hazardous substances.
  5. SDG 16: Peace, Justice, and Strong Institutions

    • The article describes a government process (the ANPRM) where an agency, PHMSA, is soliciting public and stakeholder feedback to reform its regulations. This action is an example of an institution working towards efficiency, accountability, and participatory decision-making by engaging with those impacted by its rules.

What specific targets under those SDGs can be identified based on the article’s content?

  1. SDG Target 7.1: Ensure universal access to affordable, reliable and modern energy services.

    • The effort to “reduce costs in delivering essential products” and support “domestic energy resources” directly contributes to making energy more affordable and reliable by streamlining the supply chain.
  2. SDG Target 9.1: Develop quality, reliable, sustainable and resilient infrastructure… to support economic development.

    • The review of regulations for pipelines and other transport methods for hazardous materials is a direct action related to the governance of critical infrastructure. The goal is to make the operation of this infrastructure more economically efficient.
  3. SDG Target 8.2: Achieve higher levels of economic productivity through… innovation.

    • By seeking to “eliminate undue burdens” and “reduce costs,” the initiative aims to increase the economic productivity of the industries involved in the transport of hazardous materials and energy products.
  4. SDG Target 12.4: Achieve the environmentally sound management of chemicals and all wastes throughout their life cycle.

    • The Hazardous Materials Regulations (HMR) are the primary tool for ensuring the sound management of these substances during transportation. The review process, which considers “established safety records,” directly engages with the rules governing this target, balancing economic factors with safety.
  5. SDG Target 16.6: Develop effective, accountable and transparent institutions at all levels.

    • The ANPRM process itself, aimed at improving “government efficiency” and reforming regulations based on public input, is an exercise in developing a more effective and accountable institution.
  6. SDG Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.

    • The article highlights that PHMSA is soliciting “feedback from all stakeholders,” including a diverse group of industries. This open call for comments is a clear example of a participatory decision-making process.

Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

  1. Change in Compliance Costs

    • The article explicitly states that feedback should identify “associated compliance costs” and the “resulting anticipated change in compliance costs.” This provides a direct quantitative indicator for measuring the economic impact of the regulatory reform (relevant to SDGs 7, 8, and 9).
  2. Number of Amended or Repealed Regulations

    • The goal to “repeal or amend” regulations and “revoke regulations” implies that a key metric of success for this initiative would be the total number of regulatory changes made to reduce burdens (relevant to SDG 16).
  3. Stakeholder Engagement Levels

    • The call for comments from a wide range of stakeholders implies that the number and diversity of comments received can serve as an indicator of how inclusive and participatory the process is (relevant to SDG 16.7).
  4. Safety Performance Records

    • The article mentions incorporating Special Permits with “established safety records” into the regulations. This implies that safety records (e.g., number of incidents, accidents, or spills per ton-mile) are a critical indicator for ensuring that deregulation does not compromise public safety (relevant to SDG 12.4).

SDGs, Targets and Indicators Identified in the Article

SDGs Targets Indicators (Implied or Mentioned)
SDG 7: Affordable and Clean Energy 7.1: Ensure universal access to affordable, reliable and modern energy services. Reduction in compliance costs for the domestic energy supply chain.
SDG 9: Industry, Innovation, and Infrastructure 9.1: Develop quality, reliable, sustainable and resilient infrastructure to support economic development. Codification of Special Permits into regulations to streamline infrastructure use.
SDG 8: Decent Work and Economic Growth 8.2: Achieve higher levels of economic productivity. Monetary value of eliminated “undue burdens” on manufacturers, carriers, and other stakeholders.
SDG 12: Responsible Consumption and Production 12.4: Achieve the environmentally sound management of chemicals and all wastes. Analysis of “established safety records” of hazardous materials transport procedures.
SDG 16: Peace, Justice, and Strong Institutions 16.6: Develop effective, accountable and transparent institutions.
16.7: Ensure responsive, inclusive, participatory and representative decision-making.
Number of regulations amended/repealed to improve government efficiency; Number and diversity of stakeholder comments received in response to the ANPRM.

Source: natlawreview.com