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“Emptying” a Hazardous Material Packaging

May 6

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In the Hazardous Material Regulations (HMR) at 49 CFR 173.29(a) you learn that as far as the PHMSA/USDOT is concerned, the transportation in commerce of an “empty” packaging that still contains the residue of a hazardous material is subject to the same regulations as when it was full.

Except as otherwise provided in this section, an empty packaging containing only the residue of a hazardous material shall be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material.

The regulation also identifies an exception to full regulation under the HMR for “empty” packagings with hazardous material residue and identifies the standards to be met in order for a packaging to be considered free of any hazard and therefore not subject to any of the HMR. Read the rest of this entry »

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What is the Small Quantity Exception to the HMR?

May 3

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The transportation of a hazardous material (HazMat) is subject to the Hazardous Material Regulations (HMR) of the PHMSA/USDOT.  This includes but is not limited to the following:

  • Classification of the HazMat.
  • Selection and use of specification packaging.
  • Application of the four hazard communication methods.
  • HazMat Incident Reporting.
  • Load securement and segregation.
  • Registration as a shipper or carrier of HazMat.
  • Training of HazMat Employees.

However, exceptions to the HMR exist; their purpose is to allow the safe transportation in commerce of certain hazardous materials without the full regulatory burden.  These exceptions, however, come with requirements of their own which you must be aware of if you are to make use of them.  One of these exceptions to the HMR, the Small Quantity Exception, will be explained in this article.

Read the rest of this entry »

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Authorization for use of ORM-D Classification (Consumer Commodity) Extended to end of 2020!

Feb 2

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Announced January 7, 2013 in the Federal Register and effective January 1, 2013, the PHMSA of the US Department of Transportation granted the request of the American Coatings Association (ACA) to extend the authorization for use of the ORM-D classification and the use of the “Consumer Commodity, ORM-D” marking on packages transported by highway, rail, and vessel through the end of 2020!

The use of the ORM-D classification and the Consumer Commodity Exception was originally proposed by the PHMSA to be phased out on the following schedule:

  • January 1, 2013:  End use of ORM-D classification and Consumer Commodity Exception for transportation by air.  Instead use internationally-accepted Limited Quantity Exception and Marking.  This regulation remains in effect.
  • January 1, 2014:  End use of ORM-D classification and Consumer Commodity Exception for transportation by all other modes of transportation (highway, rail, vessel).  Instead use internationally-accepted Limited Quantity Exception and Marking.  This date has now been extended to January 1, 2021.

The news of this extension came as a surprise to me since I understood that the proposed extension was only to be through 2015!  The extension in this Final Rule is a lot longer and should be a great relief to those who ship hazardous materials that meet the definition of consumer commodities.

In the amendments to the Final Rule the PHMSA also:

  • Authorized the continued use of the square-on-point and ID number for limited quantity markings until January 1, 2015.
  • Exempted Limited Quantity shipments from reporting requirements under 49 CFR Part 171.
  • Authorized Limited Quantity material to be transported as Materials of Trade.

This represents a significant modification of a proposed regulation and will have a great impact on industries that ship Consumer Commodities (think of the hazardous chemicals on store shelves, them).  In subsequent articles I will explain more in depth the scope of these changes and how they will affect your operations.  For now, I refer you to the ACA website and an article by Heidi Mcauliffe.

For more information:

I now must modify my HazMat Employee training presentation in order to reflect these changes.  Attending my Public Training Seminar or arranging for Onsite Training is a good way for you to stay on top of changes like these and others that are coming down the pike.

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What is the Consumer Commodity Exception to the Hazardous Material Regulations?

Nov 17

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A substance or material that the US DOT has determined is capable of posing an unreasonable risk to health, safety, and property will be regulated as a Hazardous Material when offered for transportation or transported in commerce.  Some Hazardous Materials are granted an exception from full regulation under the Hazardous Materials Regulations (HMR) if the US DOT believes that under certain specified combinations of packaging, quantity, or form it poses a low enough risk to preclude the need for full regulation.  One example of such an exception is the Consumer Commodity Exception.

The Consumer Commodity Exception is designed to allow for the transportation in commerce of hazardous materials:  bleach, drain cleaners, solvents, aerosols, etc. in small packagings (Limited Quantities) as long as those materials are, or similar to, the consumer products you see on retail store shelves.  The process to determining if a hazardous material may be shipped as a Consumer Commodity involves several steps, they are briefly outlined below:

  1. The hazardous material must first be eligible for the Limited Quantity Exception; the applicability of the Limited Quantity Exception is indicated in Column 8A of the Hazardous Materials Table @ 49 CFR 172.101 for each entry.  If it is available, Column 8A will reference the Section of Part 173 of Title 49 CFR that includes the requirements for shipping the hazardous material as a Limited Quantity.  An example of a hazardous material that may not use the Limited Quantity Exception is:  Iron Pentacarbonyl; one that may is:  Isobutyl Acetate (refer to §173.150 for more information on shipping this HazMat as a Limited Quantity).
  2. In the example of Isobutyl Acetate in the Hazardous Materials Table, a shipper will need to comply with all the requirements of §173.150 in order to ship the HazMat in compliance with the Limited Quantity Exception.
  3. If the Limited Quantity Exception is available and it also meets the definition of a Consumer Commodity you may then change its shipping name to Consumer Commodity and its hazard class to ORM-D.  A Consumer Commodity is defined at §171.8:

Consumer commodity means a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. This term also includes drugs and medicines.

The Hazardous Materials Table entry for a Consumer Commodity looks like this:

Symbols

Hazardous materials descriptions and proper shipping names

Hazard class or Division

ID#

PG

Label Codes

Special Provisions (§ 172.102)

(8)

Packaging (§ 173.***)

Exceptions

Non-bulk

Bulk

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8A)

(8B)

(8C)

D

Consumer commodity

ORM-D

None

156, 306

156, 306

None

Benefits to use of the Consumer Commodity Exception include:

  • No placards.
  • No shipping papers.
  • No labels.
  • Strong outer packaging acceptable instead of specification packaging.
  • No marking, other than ORM-D or ORM-D Air as applicable.

 

 

Unfortunately, the Consumer Commodity Exception and the ORM-D hazard class are not acceptable for international shipments of hazardous materials.  In order to bring our regulations into alignment with the rest of the world, the US DOT is currently phasing out ORM-D and the Consumer Commodity Exception and replacing it with a revised Limited Quantity Exception on the following schedule.

  • ORM-D-Air not acceptable for use after 12.31.12.
  • ORM-D not acceptable for use after 12.31.13.  US DOT has proposed extending this deadline to 12.31.15.

I recently conducted on-site training for a facility that manufactured and shipped Consumer Commodities.  This change to the regulations had a significant impact on their business, but with training and a productive Q & A session, I feel confident I left them with a path forward thr0ugh this revision to the regulations.  Contact me and let me know how this change to the HMR will affect your operations and if you have any questions for me.

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What is an Other Regulated Material (ORM-D)?

Nov 17

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49 CFR 171.8 reads, ”ORM means other regulated material. See §173.144 of this subchapter.”  That’s not much to go on but it’s a start.  §173.144 defines an ORM-D as:

Until December 31, 2013 and for the purposes of this subchapter, “ORM-D material” means a material such as a consumer commodity, cartridges, small arms or cartridges, power devices which, although otherwise subject to the regulations of this subchapter, presents a limited hazard during transportation due to its form, quantity and packaging. It must be a material for which exceptions are provided in Column (8A) of the § 172.101 Hazardous Materials Table.

So, §171.8 refers to all ORM, but §173.144 is specific to just ORM-D.  It is left unsaid that there used to be five different divisions to the ORM hazard class:  ORM-A through ORM-E.  Of these five, only ORM-D remains, and its time is limited; thus the inclusion of “Until December 31, 2013…” in the definition.

For now, we’ll continue to focus on the definition of ORM-D, we’ll come back to “Until December 31, 2013…” later.  The above definition is found in Subpart D of Part 173 – Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7.  Notice then that ORM-D is a type of Hazard Class, similar to Class 3 – Flammable and Combustible Liquid and Class 8 – Corrosive Material.  And, contrary to what you’ve been told, the “D” in ORM-D does not stand for Domestic.  It merely distinguishes it from the other ORM’s that used to exist.

Per the definition, an ORM-D is a hazardous material that normally would be subject to all the requirements of the Hazardous Material Regulations (HMR) but due to its (1) form, (2) quantity, and (3) packaging presents a limited risk in transportation.  All three of those conditions must be met for a HazMat to be re-classed as an ORM-D.

Hazardous Materials that are applicable to be re-classed as an ORM-D are limited to the following:

  • Consumer Commodity.
  • Cartridges, small arms.
  • Cartridges, power devices.

In addition to the above list, the ORM-D exception is available only if a section of  Part 173 is referenced in Column 8A of the Hazardous Materials Table (49 CFR 172.101).  For example, the Hazardous Material Table entries for the above ORM-D’s reads:

So, to learn the packaging exceptions available for a Consumer Commodity classed as an ORM-D, you refer to 49 CFR 173.156 or §173.306 (the sections of Part 173 referenced in column 8A of the Hazardous Materials Table).  For Cartridges, Power Devices and Cartridges, Small Arms, you refer to §173.63.

Benefits to the re-classification of a hazardous material as an ORM-D include:

  • No placards.
  • No labels unless shipped by air.
  • No shipping paper unless shipped by air or vessel.
  • No packing group or identification number.
  • Specification packaging not required as long as applicable packaging requirements are met.

The biggest drawback to using the ORM-D Hazard Class is that it is not recognized by international regulations.  To address this the US DOT is in the middle of a phase out of the Consumer Commodity Exception and the ORM-D hazard class.

The HMR is always changing, and no one will let you know of the changes until it is too late.  Stay on top of these changes by attending my training, it will bring you into compliance and inform you of what you need to do to stay in compliance in the future.

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Former and Present Other Regulated Materials (ORM)

Nov 17

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Currently, and only until December 31, 2013 when it will cease to exist (unless an extension requested by US DOT to December 31, 2015 is granted), there is only one category of Other Regulated Material.  In the distant past (known as “The 90′s”) however, there were five of them:  ORM-A through ORM-E.  What remains today is the one known as Other Regulated Material-D or ORM-D.

The definition of ORM at 49 CFR 171.8 identifies it as an Other Regulated Material and refers to §173.144 (see below) which goes on to define solely the ORM-D; no reference is made to the other types of ORM.  While they no longer impact the Hazardous Material Regulations, an understanding of the history the HMR does help to develop a full appreciation of the existing regulations.  To fulfill your curiosity the full list of Other Regulated Materials – both past and present – are identified below:

  • ORM-A means a material which has an anesthetic, irritating, noxious, toxic, or other similar property.  It is regulated due to concern that a release during transportation could cause extreme annoyance to passengers and crew of transport vehicles.  No longer in use.
  • ORM-B means a material, including a solid when wet with water, that could cause significant damage to the transportation vehicle if it were to leak during transportation. An ORM-B material (no longer in use) is:
    1. Specifically designated by name in §172.101, and/or;
    2. A liquid that has a corrosin rate exceeding 0.250 inch per year (IPY) on non-clad aluminum.
  • ORM-C means a material which has other inherent characteristics not described as an ORM-A or ORM-B, but which make it unsuitable for shipment, unless properly identified and prepared for transportation.  ORM-C materials are specifically designated by name at §172.101.  No longer in use.
  • ORM-D in use at least until December 31, 2013 and defined at §173.144 means a material such as a consumer commodity, cartridges, small arms or cartridges, power devices which, although otherwise subject to the regulations of this subchapter, presents a limited hazard during transportation due to its form, quantity and packaging.  It must be a material for which exceptions are provided in Column (8A) of the §172.101 Hazardous Materials Table.
  • ORM-E means a material that is not included in any other hazard class but is subject to the requirements of this subchapter.  Materials in this class (no longer in use) include:
    1. Hazardous Waste, and;
    2. Hazardous Substances.

The list above is more of a historical record than an identification of current regulations since all but the ORM-D have been eliminated and it will be no more within a few more years.  The Hazardous Material Regulations (HMR) of the US DOT are always changing, and it is your responsibility to stay on top of them, my training will help you to do that.  Contact me with questions about the HMR or the Hazardous Waste regulations of the US EPA.

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Exceptions to the Hazardous Materials Regulations for the Transportation of Aqueous Solutions of Alcohol

Nov 2

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In an earlier article I discussed the exception to the Hazardous Materials Regulations of the US DOT (HMR) available for the transportation in commerce of certain alcoholic beverages that are designed for consumption and not for industrial use.  There is also an exception to the HMR available for the transportation in commerce of aqueous solutions of alcohol that are not intended for consumption and would instead – I assume – have an industrial or commercial application.

The exception for aqueous solutions of alcohol, found at 49 CFR 173.150(e), allows for two options provided the materials is an aqueous solution containing ≤24% alcohol by volume and no other hazardous material…

  1. May be re-classed as a combustible liquid.  The Combustible Liquid Exception, if you haven’t heard of it before, provides relief from all of the HMR if certain conditions are met.  This article of mine reviews the Combustible Liquid Exception to the HMR.
  2. Is not subject to the requirements of the HMR if it contains ≥50% water.

And what does “not subject to the requirements of the HMR” mean in practice?  Well, it means none of the below is necessary for your shipment:

  • Shipping papers
  • Placards
  • Labels
  • Markings
  • Specification packaging
  • HazMat Employee training
  • Registration with the PHMSA

Like many other exceptions to the HMR, this one is allowed by the US DOT because the Agency feels the transportation of this material will not pose an unreasonable risk to human health or the environment when transported in commerce.  Those materials that it determines to pose an unreasonable risk are subject to the full regulations of the HMR.  HazMat Employee training is a good way for you to learn about the transportation of hazardous materials, exceptions to the HMR, and your responsibilities as a HazMat Employer and a shipper of hazardous materials.  Contact me for a free consultation of your training needs.

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Exceptions to the Hazardous Materials Regulations for the Transportation of Alcohol

Nov 2

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Truck Transporting Alcoholic Beverages

Don't see any placards; do you?

You’ve probably noticed that the various alcohol distribution trucks you see on the road do not display placards for flammable liquids as you might expect; why?  The answer is the exception to the Hazardous Materials Regulations of the US DOT (HMR) for the transportation in commerce of alcoholic beverages found at 49 CFR 173.150(d).

An alcoholic beverage is identified as wine defined at 27 CFR 4.10 and distilled spirits defined at 27 CFR 5.11.  You can read the regulatory definitions for yourself, but what the regulations are referring to are alcoholic beverages designed for consumption containing not less than 7% and not more than 24% alcohol by volume.

An alcoholic beverage as defined above is not subject to the HMR (shipping papers, placards, labels, markings, specification packaging, etc.) if it…

  1. Contains ≤24% alcohol by volume, and;
  2. Is in an inner packaging of 5L (1.3 gallons) or less.  If it meets the conditions of #’s 1 & 2 and is transported on passenger-carrying aircraft it must conform to §175.10(a)(4) as checked or carry-on baggage, or;
  3. Is a Packing Group III alcoholic beverage in a packaging of ≤250L (66 gallons).  However, this condition does not apply if the alcoholic beverage is to be transported by air.

The above exception applies solely to alcoholic beverages designed for consumption and specifically excludes an alcohol designed for industrial use.  Read this article for an exception available for aqueous solutions of alcohol.

You may not have anything to do with the shipment of alcoholic beverages, but this article illustrates the fact that hazardous materials, the HMR, and exceptions to the HMR surround us everyday.  Many materials we regard as common:  fuel, wine, batteries, cleaners, and more, are all hazardous materials regulated in some way by the US DOT when transported in commerce.  This includes the hazardous materials, including hazardous waste, received at or shipped from your facility.  Contact me for a free consultation of your training needs.

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Shipment of Empty Division 2.2 Compressed Gas Cylinders

Oct 1

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When transported in commerce, a Division 2.2 Non-Flammable Gas must comply with all of the requirements of the Hazardous Material Regulations (HMR) of the US Department of Transportation.  When empty, a packaging of Division 2.2 Non-Flammable Gas is allowed to use an exception found at 49 CFR 173.29 that allows for the transportation of the empty packaging as a non-hazardous material, not subject to the HMR.  This is important, because 49 CFR 173.29(a) states the US DOT’s position that, besides exceptions to the regulation, like this one, an empty packaging containing residue is regulated the same as if the packaging was full; it reads,

Except as otherwise provided in this section, an empty packaging containing only the residue of a hazardous material shall be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material.

To use this exception to the HMR, the packaging must meet the following conditions:

  1. Packaging contains only the residue of a Division 2.2 Non-Flammable Gas.
  2. The gas is not ammonia, anhydrous.
  3. There are no subsidiary hazards associated with the gas.
  4. The gas is at a gauge pressure of <200 kPA (29.0 psig); at 20°C (68°F).
  5. No material in the packaging is a Hazardous Substance, Hazardous Waste, or a Marine Pollutant as defined at 49 CFR 171.8.

This means that as long as it meets the above 5 conditions, an empty Division 2.2 Non-Flammable Gas may be shipped off-site (eg. returned to the supplier for reuse) without the need for shipping papers, placards, labels, markings, trained personnel, etc.

As the shipper of an empty packaging of a Division 2.2 Non-Flammable Gas you are responsible to ensure that all markings, labels, and placards that identify the empty packaging as a hazardous material are removed, obliterated, or securely covered.  This is not necessary if…

  1. The packaging is not visible in transportation, and;
  2. The packaging is loaded by the shipper and unloaded by the shipper or consignee.  Per 49 CFR 171.8, “Consignee means the person or place shown on a shipping document, package marking, or other media as the location to which a carrier is directed to transport a hazardous material.”

The transportation of hazardous materials can be tricky.  Sometimes there is an exception like this one for certain hazardous materials, and sometimes there isn’t.  It’s up to you to know which regulations apply to your operations and how to comply with them.  Attendance at my HazMat Employee Training is a good way to learn what you need to know in order to safely ship hazardous materials.

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Exception to the Segregation Restrictions of 49 CFR 177.848 for Lab Packs of Hazardous Waste

Feb 20

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49 CFR 173.12 contains many exceptions to full regulation for shipments of hazardous waste in a lab pack.  In an earlier blog post I discussed the exception in 173.12(d)that removes the need to include the technical name of a hazardous material when shipping lab packs of hazardous waste with a generic shipping name such as:  Waste Flammable Liquid, n.o.s.  This article will focus on the relief from the requirements to segregate HazMat -including hazardous waste – in transportation, found in 173.12(e).

If the requirements of this section are met – more on that below – then lab packs of hazardous waste are not subject to the segregation requirements of…

  • 49 CFR 174.81(d) for shipments by rail,
  • 49 CFR 176.83(b) for shipments by vessel, or;
  • 49 CFR 177.848(d) for shipments by highway,

The purpose of the segregation restrictions is to prevent the transportation, or storage in transportation, of hazardous materials that may be incompatible and thus pose an unreasonable risk to life, property, or the environment.  However, PHMSA has determined that if packaged properly, the small volumes of hazardous waste in a lab pack can be transported safely without these restrictions.

Note that this exception to the segregation requirements does not apply to shipments by air.  In that case, the requirements of the International Air Transport Association (IATA) must be complied with in addition to and separate from the regulations of the PHMSA/US DOT.

To be subject to the exception, the hazardous waste must be packaged as a lab pack.  The PHMSA doesn’t define a lab pack, instead it refers you to the Appendix C Glossary of the RCRA Compliance Manual 2011 which defines a lab pack as “Drums filled with many small containers packed in non-biodegradable absorbent materials.”   This type of packaging is most commonly used when a hazardous waste generator – not necessarily a “lab” – has many small containers of hazardous waste for disposal.

To use the exception, the lab pack must meet the requirements of 49 CFR 173.12(b) which first specifically identifies the hazardous wastes that may not take advantage of this exception or any other found in this section, they are:

  1. A material poisonous-by-inhalation
  2. A Division 6.1, Packing Group I material
  3. Chloric Acid
  4. Oleum (fuming sulfuric acid)

173.12(b) goes on to identify the Class and Division of lab packed hazardous waste that are authorized to use this exception as long as they are packaged in combination packagings as required by this section (see below) and are shipped for disposal by highway, rail, or cargo vessel; they are:

  • Class 3 Flammable or Combustible Liquid
  • Division 4.1 Flammable Solid
  • Division 4.2 Spontaneously Combustible
  • Division 4.3 Dangerous When Wet
  • Division 5.1 Oxidizer
  • Division 5.2 Organic Peroxide
  • Division 6.1 Poison
  • Class 8 Corrosive
  • Class 9 Miscellaneous

What are the combination packaging requirements of this section that must be used if the hazardous waste lab packs are to utilize the exception?  Well, briefly…

The inner packaging must either be glass of ≤4 L (1 gal) rated capacity or metal or plastic of ≤20 L (5.3 gal) rated capacity.  Inner packagings of liquids must be surrounded by a chemically compatible absorbent material sufficient to absorb the liquid contents.

The outer packaging may contain only one Class of waste material, may not contain incompatibles (ie. acid and base, some organic and inorganic, etc.), and it must be a type of packaging listed in 49 CFR 173.12(b)(2)(ii).  Note that the US EPA land disposal restrictions at 40 CFR 268.42(c) limit the packaging/container you may use if the entire lab pack is going straight to landfill or incineration.  By and large a open-top steel drum of at least packing group III condition will be OK.  Also The gross weight of the combined packaging (inner & outer packaging, absorbents and contents) may not exceed 205 KG (452 lb).

So, before you prepare a lab pack of hazardous waste for off-site shipment, ask yourself, “Is it…

  • not a prohibited material?
  • an authorized Class or Division?
  • to be shipped by highway, rail, or cargo vessel?
  • packaged in compliance with combination packaging requirements of 49 CFR 173.12(b)(2)(ii)?

If you answered ‘yes’ to all of the above, then lab pack shipments of the hazardous waste are not subject to the transportation segregation restrictions if they also are blocked and braced so that they are separated from incompatible materials by at least 4 feet horizontally and maintained at least 4 inches off the floor of the vehicle.

I suggest you read 173.12(e) as necessary for a full description of additional requirements for shipments of the following incompatible materials.

  1. The vehicle may not contain Class 1 explosives, Class 7 radioactive, or uncontainerized hazardous waste.
  2. Waste cyanides and waste acids must be packaged as specified in 173.12(e)(2).
  3. Waste Division 4.2 Spontaneously Combustible and Class 8 Corrosive Liquids must be packaged as specified in 173.12(e)(3).
  4. Waste Division 6.1, PG I, Hazard Zone A Poison Inhalation Hazards and Class 3, Class 8 liquids, or Division 4.1, 4.2, 4.3, 5.1, and 5.2 materials must be packaged as specified in 173.12(3)(4).
In the scope of a blog post like this, and with so many variable possible, I can only hope to outline the regulations and point you in the right direction to find the answer for yourself.  If you ship lab packs of hazardous waste, you should make you and your HazMat Employees very familiar with 49 CFR 173.12.

 

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