A question 02.23.21:

Good morning,

I am the supervisor of the transportation of my organization. We are a small operation and have 2 plastic 5 gallon pails (1H2), that we utilize only for ground transport on our own vehicle (own driver) to move small quantities of samples from our lab to another off-site lab (about 3 miles away). We use these very infrequently if sample size exceeds excepted quantity amounts.

The pails were manufactured in 2011 and I have the UN Certification testing documentation and closure instructions.

My question is whether this packaging is now considered expired? And if not expired, am I required to have updated UN testing documentation (as it has been renewed) for these pails?

I saw a response you had published on an article on-line regarding plastic pails (relevant text is below) and you referred to these two letters of interpretation. I found LOI 99-0246 on-line, but have not found LOI 97-0002. Do you have a copy of LOI 97-0002 for my files?

“Though a clear citation in the HMR is lacking, the following letters of interpretation clarify the DOT’s position on limits on the term of use for a packaging:

· “Non-bulk specification packagings do not ‘expire’” [LOI 99-0246]

· “A shipper may purchase a UN packaging, store it indefinitely and then use it without any testing requirements” [LOI 97-0002]”

Thanks for your help,

My reply the next day (02.24.21):

Thank you for contacting me. Please see below.

• Short answer: No. The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the USDOT (USDOT/PHMSA) do not have an expiration date for an unused UN standard packaging.
• However, the international regulations of the International Air Transport Association (IATA) and the International Maritime Organization (IMO) limit the use of a plastic drum or jerrican as a single packaging to five (5) years from the month and year marked on the packaging.
• Also, the HMR limits the reuse of a plastic packaging to no more than five (5) years if it is intended to contain free liquids and it has not been leakproofness tested.

Read: The Reuse of Hazardous Materials Packaging

• I believe the activity you describe (transporting small amounts of HazMat by highway as a private carrier) is eligible for the Materials of Trade exception.
• Under this exception a UN standard packaging is not required and this entire correspondence is moot.
• Links as old as 97-0002 (from 1997!) are only available through USDOT/PHMSA’s oCFR Tool. However, I have downloaded it and have it available here: LOI 97-0002.

I hope this helps. Please contact me if you have any other questions.

Conclusion:

That did it! The expiration date for certain plastic packagings is one of the significant differences between domestic regulations in the U.S. and the international regulations. Make sure you have identified the regulations applicable to your HazMat transportation and know what is required for compliance.