DOT scraps redundant hazmat list, points to EPA instead.
Published Date: 8/4/2026
Rule
Summary
To improve efficiency and eliminate redundancy, this final rule streamlines the Hazardous Materials Regulations by modifying how hazardous substances are listed. Instead of maintaining a duplicative list, the regulations will now rely on the authoritative, comprehensive list already maintained by the U.S. Environmental Protection Agency.
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Switch to EPA Hazardous Substances List
If you offer for transportation or transport materials that may be hazardous, starting December 2, 2026 (120 days after publication) you must use the U.S. EPA's list at 40 CFR 302.4 to determine which substances and reportable quantities (RQs) apply. The rule replaces the duplicative PHMSA list in Appendix A to 49 CFR 172.101 with a direct reference to 40 CFR 302.4, but does not change whether a material is a hazardous substance.
Definitions Now Reference EPA and RQ Table
PHMSA revised the definitions in 49 CFR 171.8 so that a "hazardous substance" and the "reportable quantity (RQ)" are defined by the EPA list in 40 CFR 302.4. For mixtures, the rule keeps the RQ concentration-by-weight table tying RQ pounds to concentrations (for example: RQ 5,000 lb = 10% (100,000 ppm); 1,000 lb = 2% (20,000 ppm); 100 lb = 0.2% (2,000 ppm); 10 lb = 0.02% (200 ppm); 1 lb = 0.002% (20 ppm)).
Empty Packaging Marking Rule Clarified
PHMSA revised 49 CFR 173.29(h) to state a package that contains residue of a hazardous substance (Class 9) may remain marked, labeled, and placarded as when it contained a larger quantity even if the residue no longer meets the hazardous substance definition. This lets you keep existing markings on empty packagings in those circumstances.
PHMSA Certifies No Significant Small-Business Cost
PHMSA certified under the Regulatory Flexibility Act that this final rule will reduce burdens and will not have a significant economic impact on a substantial number of small entities. PHMSA also states the rule will save government resources by eliminating periodic rulemakings to keep lists in sync.
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Key Dates
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