Daniels Training Services

Posts Tagged HazMat

What is a Shipping Paper?

Oct 9

Posted by admin in PHMSA HazMat Transportation Regulations | No Comments

A Shipping Paper is defined at 49 CFR 171.8 as:

Shipping paper means a shipping order, bill of lading, manifest or other shipping document serving a similar purpose and prepared in accordance with subpart C of part 172 of this chapter.

So what is it, exactly…?  A Bill of Lading?  A Uniform Hazardous Waste Manifest?  A Shipping Order?  A Shipping Document?  Half a page of scribbled lines?

Yes to all.

As far as the PHMSA (the Pipeline and Hazardous Materials Safety Administration, the administration within US DOT responsible for hazardous material transportation) is concerned a Shipping Paper is a document whose purpose is to provide information about a material (hazardous or non-hazardous) when in transportation.  The PHMSA doesn’t care (their own words) what the Shipping Paper looks like, what format is used, or whether it is printed by machine or by hand.

Now, if you are transporting (a Carrier) or offering for transport (a Shipper) a Hazardous Material in commerce, then the PHMSA requires the Shipping Paper to meet its requirements at 49 CFR, Subpart C.  Even in this case, the PHMSA does not require a specific type or form of Shipping Paper.  You may create your own, even write one up by hand, as long as it meets the requirements of §172, Subpart C.

There are some hazardous material shipments that require a specific type of Shipping Paper; such as the transportation of a Hazardous Waste for which the US Environmental Protection Agency requires a Uniform Hazardous Waste Manifest.  Or a Bill of Lading which is required pursuant to the regulations (49 CFR 375.505) of the Federal Motor Carrier Safety Administration (FMCSA, another administration within the US DOT).  In both cases however, the use of a specific form is required by an Agency other than the PHMSA.

Whatever its appearance, the regulations of §172, Subpart C are specific about what information must be included on a hazardous material Shipping Paper.  My HazMat Employee Training (on-site or public workshop) covers these requirements and where you must go to get the information.  Contact me to discuss your HazMat transportation requirements.

Tags: ,

Who is Responsible for the Securing of Hazardous Material Packages on a Motor Vehicle: the Shipper or the Carrier?

Apr 13

Posted by admin in PHMSA HazMat Transportation Regulations | No Comments

49 CFR 177.834(a) requires packages of hazardous materials to be secured against shifting within the vehicle and between the packages under normal transportation conditions.  If you offer a hazardous material for transportation (a shipper) to be transported by another company (a carrier), you may be surprised to learn that the shipper may be fined instead of or along with the carrier if the shipment of HazMat is found to be improperly secured.

This is because any person who performs, or is responsible for performing, a regulated function – such as loading and securing packages of hazardous materials on a truck – is responsible for compliance with all the applicable requirements of the Hazardous Materials Regulations (HMR).

Example:  Employees of Company A (the shipper) load packages of hazardous materials on a truck as an employee of Company B (the carrier) looks on.  After loading the Company B employee secures the load, while Company A employees confirm the vehicles readiness for transportation.  Since both the shipper and the carrier were involved in the loading operation, both are responsible for compliance with all applicable requirements of the HMR, including 49 CFR 177.834(a).  Refer to PHMSA interpretation letter 04-0082 for more information on this point.

What, then, are the regulatory requirements for securing a load of hazardous materials in a motor vehicle?  Unfortunately, a specific method is not defined in the HMR.  Agency interpretations indicate the regulatory requirements,”are met when the packages of hazardous materials are secured in a manner that precludes their movement within the transport vehicle, and between the packages themselves, under conditions normally incident to transportation.” (02-0044)  Lacking a specific explanation of the proper methods in the HMR, the regulations of the Federal Motor Carrier Safety Administration (FMCSA) at 49 CFR 393.100-106 includes general requirements for the protection of shifting cargo.

If you are concerned about your responsibility to secure hazardous materials in transportation and need more information I suggest you contact the PHMSA in writing to request an interpretation for your specific situation.  10-0046 is an example of just such a letter you may use as a guide for yours.  You can read here for the PHMSA requirments for the submittal of a letter requesting an interpretation.

If you are interested in topics such as this, then you must be a HazMat Employer with HazMat Employees to train.  I provide HazMat Employee training and RCRA training for hazardous waste personnel in open enrollment events held nationwide and year round and on-site.  Please contact me for a free consultation of your training needs.

Tags: , , ,

Use of the Emergency Response Telephone Number for Shipments of Hazardous Materials and Hazardous Waste

Mar 27

Posted by admin in PHMSA HazMat Transportation Regulations, RCRA Hazardous Waste Regulations | No Comments

If you offer for transportation a hazardous material (HazMat) on a shipping paper or bill of lading or a hazardous waste on the Uniform Hazardous Waste Manifest (required for both large and small quantity generators of hazardous waste) you must provide an emergency response telephone number for use in the event of an emergency.  I have found many shippers to be unaware of their responsibility regarding this matter as they rely on the carrier and/or designated facility to provide the information required by49 CFR 172.604.

The purpose of the emergency response telephone number is that it be a source of helpful information for emergency responders in the event of a HazMat Incident, therefore the number must be:

  1. Monitored at all times the hazardous material is in transportation until it reaches its designated facility and is removed from transportation, and;
  2. The number of a person who is knowledgeable of the HazMat being shipped and has comprehensive emergency response information and incident mitigation information for that material, or;
  3. Has immediate access to a person who has such knowledge and information.  Telephone numbers that require a call back such as an answering service, beeper, or answering machine will not suffice.  Refer to interpretation 01-0176 for more guidance on this topic.

The person identified in #’s 2 & 3 above is known as the Emergency Response Information Provider or the ERI Provider.

It is important that the emergency response telephone number is clearly visible in the event of an emergency, therefore the number must be written on the shipping paper:

  1. Immediately following the description of the hazardous material (this would be Section 9b of the Uniform Hazardous Waste Manifest).
  2. Entered once on the shipping paper in a “prominent, readily identifiable, and clearly visible manner…”  This can be done by using a larger or differently colored font, highlighting, or otherwise setting the number apart.  It must also be indicated on the shipping paper that the number is for emergency response information (eg. “EMERGENCY CONTACT ###”).  This option can only be used if the number applies to each hazardous material on the shipping paper.  Section 3 of the Uniform Hazardous Waste Manifest may be used to fulfill this requirement.

Unfortunately some shippers and carriers were using the phone numbers of ERI Providers that they had not registered with to provide such service and in an emergency first responders were not able to obtain the necessary information from the ERI Provider.  For this reason, effective October 1, 2010, some form of identification of the person who has registered with the ERI Provider must be included on the shipping paper.  Note that the name of the ERI Provider is not required to appear on the shipping paper, merely their phone number (11-0152, 10-0262).  However the name of the person that has contracted or registered with the ERI Provider to perform this service must be identified on the shipping paper.  Identification can be by name, contract number, or other unique identifier of the ERI Provider for the registrant and it must be near the emergency response telephone number unless it appears elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner.

So, if the person offering the hazardous material for shipment is also the ERI Provider, their name or some other acceptable means of identification must appear prominently and clearly on the shipping paper.  For the Uniform Hazardous Waste Manifest this is accomplished by proper completion of Section 5.  If a 3rd party is contracted to be the ERI Provider then some identification linking them to the registrant (name, contract number or other unique identified of the ERI Provider) must be clearly visible on the shipping paper (10-0146).  This information could be recorded in Section 14 of the Uniform Hazardous Waste Manifest.

If using a 3rd party, it is the responsibility of the person registered with the ERI Provider to ensure they have the current information on the material before it is offered for shipment.  This is especially important for hazardous waste shipments as the wastes may be different for each pickup.

49 CFR 172.604(b) can be difficult to read and understand (It was much more challenging for me than I thought it would be) but the intent is clear:  some information linking the ERI Provider to the person offering the hazardous material for shipment must be clearly visible on the shipping paper for emergency responders to find.  As of June 2011, the Agency was aware of the confusing text of this regulation and will be taking steps to clarify it (11-0008).

For telephone numbers outside the US, the international access code or the “+” sign, country code, and city code as appropriate must be included.

If preparing shipping papers for the continued transportation of a hazardous material, it is the responsibility of the subsequent offeror to ensure if the original or previous emergency response telephone number is authorized for that shipment.  In such a situation, the subsequent offeror may choose to use their own ERI Provider (11-0005).

The requirement to include an emergency response telephone number do not apply to:

  1. Limited Quantities offered for transportation pursuant to 49 CFR 173.150-156 & 173.306.
  2. Transportation vehicles or freight containers with lading that has been fumigated and displays the FUMIGANT marking, as long as no other hazardous materials are present.
  3. Materials properly described under the following shipping names:
  • Battery powered equipment.
  • Battery powered vehicle.
  • Carbon dioxide, solid.
  • Castor bean, castor flake, castor meal, or castor pomace.
  • Consumer commodity.
  • Dry ice.
  • Engines, internal combustion.
  • Fish meal, stabilized or fish scrap, stabilized.
  • Refrigerating machine.
  • Vehicle, flammable gas powered.
  • Vehicle, flammable liquid powered.
  • Wheelchair, electric.

Prior to your next shipment, ensure that you are in compliance with these important regulations.  Significant penalties will be assessed if the emergency response telephone number for a shipment of your hazardous waste or hazardous material is discovered to be incorrect or incomplete during a hazardous material incident or emergency.  You must also ensure proper training of your HazMat Employees and the employees of a Large Quantity Generator of hazardous waste who handle the waste, including preparing it for shipment or signing the Uniform Hazardous Waste Manifest.  Please contact me to schedule on-site training or review my schedule to find a date and location to attend my open enrollment training and return your facility to compliance.

Tags: , , ,

Driver Training Requirements of the US DOT

Mar 10

Posted by admin in PHMSA HazMat Transportation Regulations | No Comments

49 CFR 172, Subpart H requires a HazMat Employer to train all of their HazMat Employees every three years on the following topics:

  • General Awareness/Familiarization
  • Function Specific Responsibilities
  • Safety/Emergency Response
  • Security General Awareness
  • In-Depth Security (if applicable)

49 CFR 171.8’s definition of a HazMat Employee includes, “Operates a vehicle used to transport hazardous materials.”  Thus, a driver of a motor vehicle transporting any quantity of a hazardous material in commerce over a public roadway is a Hazmat Employee and must receive full training triennially.  There is some confusion on this point as some motor carriers incorrectly believe that the HazMat Employee training requirements apply only if they transport an amount of HazMat that mandates placarding of the vehicle.  The transportation in commerce of any hazardous material, unless excluded by regulation, such as Materials of Trade and some Combustible Liquids, is subject to the HazMat Employee training requirements.

In addition, 49 CFR 177.816 requires HazMat Employees who will operate a motor vehicle to be trained in the applicable requirements of 49 CFR parts 390 – 397 and safe operating procedures for that motor vehicle.  Training must include:

  • Use of vehicle controls and equipment, including operation of emergency equipment.
  • The basic and advance methods for safe operation of the vehicle in any situation or environment the driver may find themselves.
  • Procedures for maneuvering tunnels, bridges, and railroad crossings.
  • Vehicle attendance requirements and incident reporting.
  • Loading and unloading of materials, including –
    • Hazardous material compatibility and segregation requirements.
    • Handling of packages.
    • Securing packages on the vehicle.

In addition to the above “General Awareness Driver Training”, specialized training is required for drivers of cargo tanks or vehicles with portable tanks of >1,000 gallons, they must also have a State-issued commercial driver’s license (CDL) required by 49 CFR 383.  Specialized training shall include the following:

  • Operation of emergency control features of the vehicle.
  • Special vehicle handling characteristics.
  • Loading and unloading procedures.
  • Properties of the hazardous material being transported.
  • Retest and inspection requirements for cargo tanks.

49 CFR 177.816(c) provides relief from this additional training requirement for drivers of vehicles transporting HazMat.  The requirements for both the General Awareness Driver Training and the Specialized Driver Training may be satisfied by the maintenance of a CDL with a Tank Vehicle or HazMat endorsement.

Note the “may be…”, as the Hazmat Employer the determination if the training and testing received by your HazMat Employees is adequate is your responsibility.  In other words, you are the one who must decide if the maintenance of the CDL with applicable endorsements is enough to meet the training requirements of 49 CFR 177.816(a) & (b).  I suggest you document this determination and maintain with your training records.

49 CFR 177.816(d) requires that the Specialized Driver Training must conform to the frequency of training requirements (within 90 days of employment and triennially thereafter) and recordkeeping requirements of 49 CFR 172.704 which applies to all HazMat Employees.  Again, it is up to you as the HazMat Employer to ensure compliance with this requirement, document your decision.

I provide HazMat Employee training for anyone involved in the transportation of hazardous materials – including hazardous waste – in a variety of formats (open enrollment, on-site, web-based).  Contact me for a free consultation so you can decide what training is required and what is best for you.

Tags: , ,

What is a HazMat Employee?

Feb 29

Posted by admin in PHMSA HazMat Transportation Regulations | No Comments

A HazMat Employee is a term used by the Pipeline and Hazardous Materials Safety Administration (PHMSA), one of several Administrations and Bureaus within the US Department of Transportation, to refer to any person involved in the transportation of hazardous materials in commerce.  A complete understanding of this term is necessary in order to comply with the PHMSA mandate to train all HazMat Employees.  The purpose of this article is to assist you in properly identifying your HazMat Employees so you can take the next step and ensure the required training is completed.

Before we begin to identify a HazMat Employee, I must differentiate this term from a similar sounding one used by the Occupational Safety and Health Administration (OSHA).  OSHA has its Hazardous Waste Operations – or HAZWOPER – regulations at 29 CFR 1910.120.  HAZWOPER addresses clean-up and corrective actions at uncontrolled hazardous waste sites or hazardous waste operations at Treatment Storage and Disposal facilities.  Training required by HAZWOPER regulations is sometimes referred to as:  HazMat Awareness, Hazardous Material Training, etc.  This is separate and distinct from the hazardous material transportation regulations of the PHMSA/DOT.

It is also necessary to understand two other terms from the regulations before we can understand the definition of a HazMat Employee.  Defined at 49 CFR 171.8, these two are:

“A HazMat Employer is someone who employs at least one HazMat Employee and transports or offers for transport a hazardous material in commerce.”

“A Hazardous Material is anything the DOT has determined may pose an unreasonable risk to health, safety, and property when transported in commerce.”  It includes many common materials, such as:  solvents, paints, cleaners, degreasers, resins, corrosive acids and bases, and more.

A full definition of a HazMat Employee can also be found at 49 CFR 171.8.  It includes the self-employed and those employed by others as full-time, part time, or temporary workers; anyone who in the course of doing their job directly affects hazardous materials transportation safety.  It also includes persons who:

  • “Load, unload, or handle hazardous materials” – anyone involved in the transfer of a hazardous material from or to its means of transportation.  The transportation could be by air, vessel, rail, or highway.
  • “Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.” – This includes the reconditioning of containers for reuse as hazardous material packaging.
  • “Prepares hazardous materials for transportation.” – A wide range of pre-transportation activities may be completed by HazMat Employees long before a hazardous material begins transportation.  This might include selecting hazardous materials packaging and inspecting, labeling, or marking the packaging.  It also includes persons who prepares, reviews and/or signs a shipping paper like the Uniform Hazardous Waste Manifest.
  • “Is responsible for safety of transporting hazardous materials.” - EHS Managers, Shipping and Receiving Supervisors, Dispatchers, Route Coordinators, persons who may never see a hazardous material, but are responsible for persons who do are HazMat Employees as well.
  • “Operates a vehicle used to transport hazardous materials.” – Operators of a vehicle over a public roadway transporting hazardous materials (unless excepted from regulation) are HazMat Employees.  This does not include the transfer of a hazardous material across a public roadway if the road divides a single property.
Additional guidance on identifying your HazMat Employees can be found in a PHMSA document:  What you Should Know: A Guide to Developing a Hazardous Materials Training Program.
It has been my experience that many HazMat Employers are not aware of the complete definition of a HazMat Employee and thus fail to identify the entirety of their requirements under the Hazardous Material Regulations.  One of these requirements is to train your HazMat Employees with 90 day of hire and triennially (every three years) thereafter per 49 CFR 172.704(c).  I provide  HazMat Employee training and am willing to discuss your training needs with you at any time.

 

Tags: , , , ,

The Top Six Hazardous Material Transportation Violations

Feb 24

Posted by admin in PHMSA HazMat Transportation Regulations | No Comments

The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the US DOT is tasked with enforcing the nations hazardous materials transportation regulations across all modes of transportation.  The unannounced inspections of its agents of the regulated community, ie. shippers, receivers, and transporters of hazardous materials, just like you; has been found to turn up a relatively stable crop of violations.  This article contains a descriptive list of the top six violations found by the PHMSA.

One thing these violations have in common (especially the first five) are their frequent applicability throughout the HazMat transportation industry.  If you ship or receive any hazardous materials at all, including hazardous waste, then you have a good chance of being subject to the first five of these potential violations.  The sixth one depends on the quantity and type of hazardous material you offer for shipment.

The source of the information for this list is a PHMSA Workshop I attended in St. Louis in August of 2011.  The trainers, who were all active PHMSA inspectors, reported that this list was determined from inspections completed by the Administration within the previous year.  I’m sure that the ranking of these violations may shuffle over the years, but it is my opinion that the violations listed below will always be near the top.

The top six violations of the Hazardous Material Regulations found during inspections by agents of the PHMSA are:

  1. Improper HazMat Employee training record documentation:  An important distinction must be made here, the violation is not due to failure to complete training (see #2) or failure to document the training, but failure to properly document HazMat Employee training.  49 CFR 172.704(d) explains exactly what must be done in order to document the training in a form acceptable to the PHMSA.
  2. Failure to train HazMat Employees:  Not unexpectedly, failure to provide initial and recurrent training for all HazMat Employees as specified in 49 CFR 172.704(c) is right at the top of the list.  If you ship or receive a hazardous material (ie. paint, resin, solvent, cleaners, fuel, corrosives, etc.) in commerce, then your HazMat Employees must be trained and tested within 90 days of new hire or change in employment (supervised by a trained employee during those 90 days), and receive full training at least once every three years thereafter.
  3. Improper marking and labeling of HazMat packages in shipment:  With millions of tons of hazardous materials in transportation every day, it is no surprise that many packages of HazMat are found to be labeled and marked improperly.  The exact nature of each violation will differ for each shipment, however, whatever the violation they all have one solution:  an understanding of the Hazardous Material Regulations (HMR) and how they apply to the hazardous materials you as the shipper are offering for shipment.  It is the requirement of the shipper, not the transporter of the HazMat, to ensure it is properly marked, labeled, and the correct packaging is in the proper condition for shipment.  If you aren’t sure of your responsibility as a shipper, just read the certification statement near your signature the next time you sign a shipping paper.  Which brings us to…
  4. Errors on the shipping paper:  Every shipment of a hazardous material must be accompanied by a shipping paper.  For a commercial product the shipping paper may be known as a Bill of Lading.  For a shipment of a hazardous waste it must be a Uniform Hazardous Waste Manifest.  Whatever the name, it is the responsibility of the shipper to ensure the shipping paper is completed properly.  As in #3 above, whatever the cause of the violation, the solution is a thorough understanding of the HMR, the hazardous material – or hazardous waste – you are offering for shipment, and what information about the hazardous material is required to be documented on the shipping paper.
  5. Not registered with the PHMSA as a shipper or carrier of hazardous materials:  In my experience providing HazMat Employee training I have found it to be quite common that employers are not aware of their requirement to register annually with the PHMSA.  I will have to save a more thorough explanation for another day as the criteria determining registration can be technical, but know that if you transport or offer for transport a hazardous material, including a hazardous waste, in a quantity that requires the vehicle to be placarded then you must register with the PHMSA.  More information about the PHMSA registration requirements can be found here.
  6. No Security Plan:  Since 2003 a person must complete a security plan if they transport or offer for transportation a type and quantity of HazMat subject to the regulation.  The current version of the applicability determination for the security plan can be found at 49 CFR 172.800(b).  ”Current” because on October 1, 2010, the applicability determination was revised to better address real security threats and remove from regulation small amounts of HazMat not thought to be a potential security threat.  The requirements for Security Plan content were changed at that time as well.  If your determination of Security Plan applicability was completed prior to 2010 you may wish to check the regulations again to see if you are still subject.  If you were not aware of this regulation, please check the applicability determination now to confirm your responsibility.  More information about completing the Security Plan can be found on the PHMSA Security website.

There you have it, The Magnificant Six; which of these violations could an inspector find at your facility?  And while we’re talking about inspectors, keep in mind that it is not just the PHMSA which conducts inspections of shippers of hazardous materials.  If your HazMat is ever transported by an applicable method:  Air, rail, highway, or vessel; you may find your facility inspected by the Federal Aviation Administration, the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, or the Coast Guard.  Fines for these violations can quickly go into the thousands of dollars each; much more than the cost of a one day training session that covers all of the above and more.

Avoiding the violations and fines for all of the above, and more not listed here, begins with proper training of all of your HazMat Employees.  Proper training will not only completely eliminate #’s1 & 2 as a potential violation, it will give you the knowledge and tools to avoid #’s 3+ for years to come.

Tags: , , , , , , , , , ,

US DOT Requirements for the Shipment of Empty HazMat Packagings

Nov 28

Posted by admin in PHMSA HazMat Transportation Regulations | No Comments

It’s quite likely that at one time or another you have had to deal with the off-site shipment of empty packagings.  Most manufacturing facilities experience this when they empty various non-bulk (usually 55-gallons or smaller) packagings of their contents and then either return them to the supplier or send to them to a facility for reconditioning, remanufacture, or reuse.   If these packagings contained a hazardous material as defined by US DOT, then the shipment is subject to the requirements of the Hazardous Material Regulations (HMR).  However, the HMR includes exclusions from full regulation if the provisions of 49 CFR 173.29 are met.  Whatever your situation, a good understanding of the provisions and exclusions for shipment of empty packagings will help ensure you maintain compliance with US DOT regulations.

You must first understand that an empty packaging containing only the residue of its original hazardous material contents is subject to the same requirements of the HMR as it was when it contained a greater quantity (ie. when it was full).  This includes use of the four hazard communication methods:  shipping papers, placards, labels, and markings; and the training required in 49 CFR 172, Subpart H for the HazMat Employees who prepare the empty packagings for shipment.  The two most useful exclusions in 49 CFR 173.29 can be found in sections b & c and are explained below.  While section b excludes the shipment from all of the HMR, it also contains the most restrictive provisions to gain that exclusion.  Section c excludes the shipper from only some of the HMR, but is much easier to comply with.

A close reading of 49 CFR 173.29(b) reveals that your empty packaging shipment (bulk and non-bulk) is not subject to any requirement of the HMR if you are able to meet all of the following provisions, as applicable:

First, any hazard communication method that identifies the empty packaging as containing a hazarous material (ie. marking, labels, placards, etc.) are removed, obliterated, or securely covered in transportation.  Note that the requirement to remove all hazard communication is not necessary if the packagings are shipped in a transport vehicle or freight container, are not visible in transportation, and are loaded by you – the shipper – and unloaded by you or the consignee – the destination facility.

Second, the empty packaging is either unused, sufficiently cleaned of residue and purged of vapors to remove any potential hazard, or is refilled with a non-hazardous material such that any residue now won’t pose a threat.  Note that “cleaned of residue and purged…” and “now won’t pose a threat” is intentionally not defined by regulation.  It is your responsibility as the shipper to ensure these provisions are met.

Third, if the empty packaging contains only the residue of an ORM-D Consumer Commodity,  a Division 2.2 non-flammable gas described in 49 CFR 173.29(b)(2)(iv)(B), or the residue does not meet the definition of a hazardous substance, a hazardous waste, or a marine pollutant.  An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it being above the RQ in a single packaging and thus a hazardous substance.  If the amount of material in an empty container is below the RQ, then the material is no longer a hazardous substance and no longer subject to the HMR.  A US DOT interpretation letter on this subject may be seen here.

So in conclusion, 49 CFR 173.29(b) allows you to ship packagings – both bulk and non-bulk – without any of the requirements of the HMR as long as all the hazards are removed – or not judged to be much of a hazard in the first place, such as ORM-D – and any information identifying the packaging as hazardous are removed or not visible in transportation.

49 CFR 173.29(c), while not as extensive in the exclusions from the HMR as is section b, also does not contain as many hoops to jump through.  It is most likely the applicable regulation if you ship empty non-bulk packagings to a drum re-conditioner or back to the material supplier.  There are three provisions you must be aware of.

First, it must be a non-bulk packaging as defined at 49 CFR 171.8 which is a HazMat packaging that is:

  • ≤119 gallon capacity for a liquid.
  • ≤119 gallon and ≤882 pound capacity for a solid.
  • ≤1,000 gallon water capacity for a gas.

Second, the residue in the empty packaging may only be a hazardous material covered by Table 2 of 49 CFR 172.504 (see below) and is not a Poison Inhalation Hazard.

Table 2

Hazard Class or Division Placard Name
1.4 EXPLOSIVES 1.4
1.5 EXPLOSIVES 1.5
1.6 EXPLOSIVES 1.6
2.1 FLAMMABLE GAS
2.2 NON-FLAMMABLE GAS
3 FLAMMABLE
Combustible Liquid COMBUSTIBLE
4.1 FLAMMABLE SOLID
4.2 SPONTANEOUSLY COMBUSTIBLE
5.1 OXIDIZER
5.2 (Other than organic peroxide, Type B, liquid or solid, temperature controlled) ORGANIC PEROXIDE
6.1 (Other than material poisonous by inhalation) POISON
6.2 (Infectious Substance) NONE
8 CORROSIVE
9 CLASS 9 (placard not required for domestic transportation)
ORM-D NONE

If the two above provisions are met for your shipment, then it is not subject to the placarding requirements of 49 CFR 172, Subpart F.

Further, if your shipment of non-bulk packages from Table 2 is transported by a contract or private carrier – not acommon carrier – and is destined for reconditioning, remanufacture, or reuse, then you are not required to use a shipping paper as is required for most HazMat shipments per 49 CFR 172, Subpart C.  An interpretation letter from the US DOT regarding a situation such as this can be found here.

If required, 49 CFR 173.29(e) refers you to the regulations pertaining to shipping papers found at 49 CFR 172.203(e).  For most shipments – bulk and non-bulk – the description on the shipping paper may include, “RESIDUE: Last Contained…” near the basic description of the hazardous material.  For shipments in a tank caronly, which is included in the definition at 49 CFR 171.8 of a railroad car, the description on the shipping paper mustinclude, “RESIDUE: LAST CONTAINED…” before the basic description.

Note that 49 CFR 173.29(c) does not exclude the requirement to train your HazMat Employees per 49 CFR 172, Subpart H.  Therefore any employee that prepares the empty packagings for shipment, completes or signs the shipping papers, or loads/unloads the empty packagings onto the vehicle must receive DOT Hazardous Materials Training.

You must also ensure compliance with the US EPA regulations for emptying the container (US EPA refers to it as a container, not a packaging) in order to ensure the residue is no longer a hazardous waste.  The applicable US EPA regulations can be found at 40 CFR 261.7.  If you generate any hazardous waste, you may be subject to the training requirements of 40 CFR 265.16 for any employees who handle hazardous waste or sign a hazardous waste manifest.

If you are a shipper of empty packagings, then it is quite likely that you and perhaps several of your employees require triennial HazMat Employee training as required by the US DOT and annual RCRA Employee training per US EPA.  Attendance at any one of my training events meets both of these regulatory requirements in one day.  Check out my schedule to find a date and location convenient to you, or contact me to discuss on-site training for all of your employees for one low fee of $1,749.

Tags: , , ,

Non-Routine Shipments of Hazardous Materials

Aug 11

Posted by admin in PHMSA HazMat Transportation Regulations | No Comments

“Other than hazardous waste, we don’t ship hazardous materials, so we don’t need the DOT HazMat Employeetraining for our Shipping Department personnel.”   The preceding statement may be true when its ‘business as usual’, but there are a few situations that arise not infrequently in business that may require you to prepare a ‘one-time’ hazardous material for shipment.  A ‘one-time’ shipment is subject to the entire Hazardous Materials Regulation (HMR) – including training of HazMat Employees – so it’s important to be prepared for any of the following situations:

  1. A hazardous material received as product (paint, cleaner, solvent, plating solution, reactant, epoxy, etc…) must be returned to the supplier. Perhaps the product you received was the wrong color, off-spec, in excess of your needs, or in some other way was not what you wanted and must now be returned to the supplier.  In most cases, returning the material in the original packaging with the original shipping paper will suffice to meet most requirements of the HMR.  However, these items may not always be available.  And, in this case you are the Shipper and therefore responsible for any errors in the shipment, regardless if the same error was made by the entity that shipped it to you.
  2. A customer requires a small amount of your raw material – such as paint – to “touch-up” a product of yours they have received. Typically you receive your product as hazardous materials in quantities ranging from 5-gallon buckets to bulk containers.  A customer request may be for much smaller amounts.  How must the hazardous material be packaged?  What are the shipping paper requirements?  Are there exemptions to the HMR for this type of shipment?  You must be certain of the applicable regulations before you can meet your customer’s request.
  3. A ‘sister facility’ requires some proprietary material you have in stock. If you are offering a hazardous material for shipment in commerce, even if that shipment is across the street, that shipment will be subject to the full HMR unless specific exemptions apply.

Any one of these situations may arise without warning and require a rapid response.  Therefore it’s best to be prepared ahead of time.  HazMat Employee training presented by Daniels Training Services will provide you with three things:

Tags: , ,