Government Redefines Aerosols to Lighten Shipper Loads
Published Date: 8/4/2026
Rule
Summary
PHMSA is amending the Hazardous Materials Regulations by updating the definition of an aerosol to eliminate unnecessary regulatory burdens and maintain consistency with current international transportation standards.
Analyzed Economic Effects
6 provisions identified: 5 benefits, 1 costs, 0 mixed.
Gas-only Aerosols Now Covered
Starting September 3, 2026, offerors of aerosols that consist solely of gases may ship those products as “Aerosol” under the Hazardous Materials Regulations when prepared and shipped in compliance with the HMR. PHMSA revised the aerosol definition in 49 CFR 171.8 to permit gas-only aerosols to be classified as aerosols, aligning with international rules.
Special Permit and Paperwork Relief
The rule removes the need for many special permits for gas-only aerosols and reduces requirements such as certain shipping papers, hazmat surcharges, special marking/packaging, permit renewals every two to four years, and permit-specific employee training when shipments meet HMR requirements.
Estimated Annualized Cost Savings
PHMSA estimates the rule will produce about $254,565 in annualized cost savings (2024 dollars), measured at three percent and seven percent discount rates, from eliminating some special permit needs and reducing shipping paper and review burdens.
Federal Preemption of State Hazmat Rules
The final rule addresses hazardous material classification (the designation and description of hazardous material) and would preempt State, local, and Tribal requirements that are not 'substantively the same' as the Federal Hazardous Materials Transportation Laws for these covered subjects.
Metal Packaging Requirement Over 7.22 cu in
The rule specifies that an aerosol must be in a metal packaging when the packaging exceeds 7.22 cubic inches. This packaging requirement is part of the conforming edits to 49 CFR 171.23(b)(1).
Limited-Quantity Exception for Small Containers
49 CFR 171.23(b)(1) as revised allows the proper shipping name 'Aerosol,' UN1950, to be used except for a limited quantity of a compressed gas in a container of not more than 4 fluid ounces capacity that meets the requirements in 49 CFR 173.306(a)(1).
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