EMA Regulatory Alert: PHMSA Finalizes Broad Hazardous Materials Deregulatory Package

On August 4, 2026, PHMSA published sixteen final rules aimed at reducing paperwork, authorizing electronic compliance, and folding long-standing special permit relief into the Hazardous Materials Regulations. Most relevant actions for marketers take effect September 3, 2026.

Changes With the Most Immediate Value

Electronic emergency response information. Carriers and facilities may now maintain required emergency response information electronically rather than in hard copy. The information must remain immediately available to employees, inspectors, and responders. PHMSA warns that a dead battery, failed device, or absence of cellular service will not excuse noncompliance. Marketers should confirm dependable offline access before discarding paper backups.

Electronic PHMSA registration certificates. Drivers may carry the PHMSA hazardous materials registration certificate — or another document displaying the registration number — in electronic or paper form, produced on request. Paper copies in every vehicle are no longer required.

Electronic-only registration payments. PHMSA is eliminating payment by paper check. Registration fees must be paid electronically through DOT’s online system; ACH remains available, so payment is not limited to credit cards. Companies still renewing by check must revise procedures before their next filing.

Residue IBC exception (SP 21478). Qualifying “empty” intermediate bulk containers holding only residue, moving for reconditioning, remanufacture, or reuse, may travel without conventional shipping papers, placards, and UN identification numbers. A paper or electronic document must still accompany the load stating, “Residue IBC(s)” and the number of IBCs per hazard class or division. Limits apply to container capacity, residue quantity, materials, and destination. This may cut costs on returns of lubricant, additive, and chemical IBCs — but it is not a general exception for partially filled containers.

Smaller limited quantity marking. For qualifying highway, rail, and most vessel shipments, the limited quantity marking may be reduced to 25 mm by 25 mm and incorporated into the shipping label. Not authorized for air, radioactive materials, international vessel shipments, or overpack exteriors. Relevant to packaged c-store products, aerosols, and automotive chemicals.

Farmer security plan threshold. The gross receipts threshold rises from $500,000 (2005 dollars) to $825,000 (2025 dollars), with future inflation indexing. Farmers below the threshold are exempt from the security plan requirement and in-depth security training — but not from ordinary hazmat training. Estimated $5.7 million in annualized savings. Relevant to agricultural customers hauling fuels, fertilizers, and pesticides.

Special Permits and Packaging

Packaging manufactured under a valid DOT manufacturing special permit may remain in service for its useful life even if the permit expires, is not renewed, or the holder ceases operations, provided the packaging stays qualified, marked, maintained, and properly used. Renewal applications may now be filed any time before expiration rather than at least 60 days out, with continuation protections preserved.

By adopting SPs 12412 and 11646, PHMSA now permits discharge of specified materials from certain drums, IBCs, and portable tanks while still on the vehicle, subject to qualified attendance, bonding and grounding, no manifolding, and secured hoses and outlets. Critically for EMA, PHMSA expressly excluded petroleum distillate fuels. The explicit exclusion means this new regulatory flexibility cannot be used as authority for on-vehicle discharge of those fuels in mobile refueling scenarios. Companies seeking to perform mobile fueling of gasoline/diesel would still need to comply with other applicable rules (or seek separate authorizations if available) and cannot rely on this codified exception.

PHMSA also adopted SP 14175 (10-year requalification for specified DOT 3A/3AA cylinder bundles) and SPs 21287 and 21379 (streamlined transport of refrigerating machines using low-flammability refrigerants).

EMA Advocacy

These actions continue to reflect the Administration's broader appetite for reducing regulatory burdens across the transportation sector. EMA remains actively engaged with PHMSA to identify further opportunities to cut red tape and support safe, efficient fuel distribution for our marketers.

As we prepare to meet with senior PHMSA leadership this month to discuss placarding rules and other transportation issues, please send along any deregulatory ideas you'd like us to raise on the industry's behalf.