The new size requirement for the identification number applies to the marking on a non-bulk packaging.
Though possible, it is unlikely that a lab pack for hazardous waste will be shipped in anything other than a non-bulk packaging.
There is no exception to the new size requirement for lab packs that I can find in 49 CFR 173.12.
Therefore, if a lab pack of hazardous waste meets the definition of a hazardous material (the hazardous waste from a CESQG does not) then it must be shipped according to the regulations of the USDOT. Since January 1, 2017, those regulations have mandated the minimum height of the identification number marking (just the identification number, nothing else) on a non-bulk packaging.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
Q&A: Must placards be affixed to a vehicle if visible on the packaging in transport?
Question from the HazMat transportation community (01.13.17):
Is it stated anywhere that the placards have to be mounted to the vehicle? If I’m carrying job site bulk tanks on a high flat can the tanks be visibly placard on 2 sides and front and rear or do placards need to be mounted on sides and rear and front of high flat?
Sent from my iPhone
My reply that same day:
Thank you for contacting me.
The quick answer is that as long as the placards are visible on all four sides of the vehicle it is not necessary to placard the vehicle as well.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
Use of the New Lithium Battery Mark
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
As of September 2017, Ohio is no longer participating in the Alliance for Uniform Hazmat Transportation Procedures. Carriers previously based in Ohio that still operate in participating Alliance states must choose a new base state according to the process contained in the application.
The Alliance for Uniform Hazmat Transportation Procedures is a group of four states — Michigan, Nevada, Oklahoma and West Virginia — that register and permit carriers and shippers of hazardous materials in a uniform manner, utilizing the same application forms and fee assessment calculations.
Below are the remaining HM Alliance member states and the type of hazardous material each regulates under the HM Alliance program:
Hazardous waste only
Michigan
Oklahoma
All hazardous materials (including hazardous waste)
Nevada
West Virginia
Note: At one time the alliance included both Minnesota and Illinois but they ceased participation some time in the past.
The key policy objective of the Uniform Program for regulating hazardous materials transportation is the protection of public health and safety. The Uniform Program is designed to promote safety through increased compliance with a single set of registration and permitting requirements versus the existing myriad of state programs.
On November 28, 2016, the final Generator Improvements Rule was published in 81 Federal Register 85732. These regulatory revisions were promulgated under the authority of the federal Resource Conservation and Recovery Act of 1976. As such, they do not take effect in Michigan, a federally authorized state, until the rules are promulgated at the state level.
States are required to adopt any revisions that are more stringent than the existing federal program. However, less stringent revisions are optional in terms of adoption by authorized states.
The Michigan Department of Environmental Quality is in the process of reviewing these revisions for inclusion in the administrative rules promulgated pursuant to Part 111, Hazardous Waste Management, of Michigan’s Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The Generator Improvements Rule will be part of Amendment 12 to the Part 111 rules. It is anticipated that this rulemaking process will be initiated in summer 2017. There will be an opportunity for public comment consistent with the past hazardous waste management program rule packages.
If you are interested in being placed on a mailing list for information regarding this rulemaking effort, please provide your name, company, address, email address, and telephone number to Ronda L. Blayer, Hazardous Waste Program, Waste Management and Radiological Protection Division, at 517-284-6555 or blayerr@michigan.gov.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
One thing the Generator Improvements Rule hasn’t changed is the need for generators of hazardous waste to provide initial and annual training for their hazardous waste personnel. Contact me if you require this training and if you want it to include the requirements of the new Generator Improvements Rule that are applicable to your operations.
Summary of Significant Changes and Amendments to the 59th Edition of the IATA Dangerous Goods Regulations
The International Air Transport Association (IATA) publishes a new edition of its Dangerous Goods Regulations for each calendar year. In effect for the remainder of calendar year 2017 is the 58th edition. Beginning January 1, 2018 all transport of dangerous goods subject to IATA’s Dangerous Goods Regulations must be in compliance with the 59th edition. The purpose of this article is to summarize the significant changes in store for 2018 in the 59th edition.
The following list is intended to assist the user to identify the main changes introduced in this edition and must not be considered an exhaustive listing.
So, there’s no substitute for doing the necessary research into the regulations to ensure your transport of dangerous goods by air complies with the IATA Dangerous Goods Regulations. That being said, I hope my summary below will assist you in identifying where in the 59th edition you should focus your research – if at all.
Section 2 – Limitations:
Subsection 2.3 – Dangerous Goods Carried by Passengers or Crew
2.3.5.9 – Now includes limitations – with some exceptions – on the number of portable electronic devices (PED) and the number of spare batteries for the PED allowed to be carried by passengers or crew.
Subsection 2.8 – State and Operator Variations
2.8.3 – Several additions, deletions, and amendments to operator variations.
Interesting note!
There is no indication of changes to state variations at 2.8.1.
Section 3 – Classification:
3.9.2 – This subsection has been restructured to bring in all substances and articles assigned to Class 9 Miscellaneous with their respective UN numbers and proper shipping names.
Section 4 – Identification:
Subsection 4.4 – Special Provisions
A70 – Has been revised to require the shipper to provide documentation stating that a flushing and purging procedure for flammable liquid powered engines has been followed.
A203 – Identifies that vehicles powered by an engine using both a flammable liquid and flammable gas must be assigned to the entry Vehicle, flammable gas powered.
Section 5 – Packing:
5.0.1.5.1 – Has been revised to include new restrictions for some lithium batteries (UN3090 and UN3480) placed into an overpack with most Class 1; and Division 2.1, Class 3, Division 4.1, or Division 5.1.
5.0.2.11 – A note has been added: some lithium batteries (UN3090 and UN3480) are not permitted in the same outer packaging with most Class 1; and Division 2.1, Class 3, Division 4.1, or Division 5.1.
Packing Instructions:
PI 951 – Has been revised to require a vehicle powered by an engine using both flammable gas and flammable liquid fuels to meet relevant requirements of PI 950.
PI Y960 – A note has been added to reinforce that dangerous goods in Packing Group I are not permitted.
PI 965 and PI 968 – Text has been added to identify the restrictions on packing some lithium batteries (UN3480 and UN3090) in the same outer packaging with most Class 1; and Division 2.1, Class 3, Division 4.1, or Division 5.1. Restrictions are also identified on placing packages of the same lithium batteries into an overpack with most Class 1; and Division 2.1, Class 3, Division 4.1, or Division 5.1.
Section 7 – Marking and Labeling:
7.1.5.5.2 – Text has been added recommending that the UN number(s) on the lithium battery mark be of a minimum size.
Out with the old……and in with the new.
Section 9 – Handling:
9.3.2 – Has been revised to introduce segregation requirements for some lithium batteries (UN3480 and UN3090) and most Class 1; and Division 2.1, Class 3, Division 4.1, or Division 5.1.
Appendix B – New Cargo IMP codes have been added for UN3090, Section IA and IB of PI 968-RBM and UN3480, Section IA and IB of PI 954-RBI.
Appendix D – Contact details for competent authorities have been updated.
Appendix E – Changes have been made to the list of UN Specification Packaging Suppliers and the Package Testing Facilities.
Appendix F – Changes have been made to the list of Sales Agents, IATA Accredited Training Schools, and IATA Authorized Training Centers.
Appendix I – This new appendix was added to describe the changes that will come into effect as of January 1, 2019 (i.e. the 60th edition). These changes include:
Replacement of most instances of the word “risk” by the word “hazard”.
Significant changes to the provisions for the classification of corrosive substances.
A new requirement for manufacturers and subsequent distributors of lithium cells or batteries to make available a summary of the UN 38.3 tests.
New provisions for the classification of articles containing dangerous goods, n.o.s.
A number of new and modified special provisions.
Removal of the lithium battery handling label.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Distribution of the Uniform Hazardous Waste Manifest in Ohio
In an earlier article I summarized the responsibilities of a hazardous waste generator for the completion and distribution of the Uniform Hazardous Waste Manifest (Manifest). Read: Use and Distribution of the Uniform Hazardous Waste Manifest. That article dealt only with the Federal regulations of the U.S. Environmental Protection Agency (EPA). In this article – and those that follow – I will detail the requirements of individual states regarding the distribution of the Manifest. Since the regulations of a state with an authorized hazardous waste program must be at least as strict as those of the EPA and can be more strict (state regulations can’t be less strict than Federal regulations), state regulations may require more than those of the EPA.
In this article: Ohio!
State regulatory agency:
Ohio Environmental Protection Agency (Ohio EPA).
Manifest copy distribution in Ohio:
Page 1 (top copy): “Designated facility to destination State (if required)”.
Page 2: “Designated facility to generator State (if required)”.
Page 3: “Designated facility to generator”.
Page 4: “Designated Facility’s copy”.
Page 5: “Transporter’s copy”.
Page 6 (bottom copy): “Generator’s initial copy”
State requirements to modify the EPA-required manifest copy distribution outlined above:
None. The Ohio EPA does not require the designated facility to submit copies to it no matter if the designated facility is within Ohio (page 1) or out-of-state (page 2). Pages 1 and 2 are not required to be used by either EPA or Ohio EPA and therefore will likely be retained or destroyed by the designated facility.
Additional state requirements for the management of the uniform hazardous waste manifest:
Use and Distribution of the Uniform Hazardous Waste Manifest
Most generators of hazardous waste are required to use the uniform hazardous waste manifest (Manifest) for the off-site transport of their hazardous waste. In practice, though, all generators will use the manifest when offering their hazardous waste for off-site transportation to its final treatment, storage, or disposal.
Large quantity generator of hazardous waste (LQG) – required to use the Manifest per 40 CFR 262, subpart B.
Small quantity generator of hazardous waste (SQG) – required to use the Manifest per 40 CFR 262, subpart B.
Very small quantity generator of hazardous waste (VSQG)** – not required to use the Manifest per 40 CFR 262, subpart B but its use will likely be mandated by the hazardous waste transporter or TSDF – or your state.
**Note: the name of the conditionally exempt small quantity generator (CESQG) was changed to the very small quantity generator (VSQG) by the Generator Improvements Rule.
Not sure of your hazardous waste generator status?
The Manifest is made up of the two following documents:
EPA Form 8700-22 – uniform hazardous waste manifest
EPA Form 8700-22A – continuation sheet (used if necessary)
Use of the uniform hazardous waste manifest has been mandated nationwide – as opposed to the use of state-specific hazardous waste manifests – since September 6, 2006.
Use of the Manifest is subject to the Federal regulations of the U.S. Environmental Protection Agency (EPA) at 40 CFR 262, subpart B and those of your state if it has an authorized hazardous waste program.
The responsibilities of the hazardous waste generator regarding the Manifest include – but are not limited to – the following:
Obtain the handwritten signature of the transporter and the date of acceptance.
Retain one copy. Page 6 “Generator’s initial copy”
Give the remaining pages to the transporter.
Conduct exception reporting as required by 40 CFR 262.42 if it does not receive page 3 “Designated facility to generator” within the prescribed time frame. Read: What is the Exception Report?
Interestingly, EPA regulations at 40 CFR 262.22 do not specify the number of copies of the manifest that are required. Instead, it reads:
The manifest consists of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.
However, 40 CFR 262.21(f)(5) requires the manifest to be printed as six-copy forms.
Knowing the required distribution of the Manifest is of critical importance to a hazardous waste generator. Helpfully, an indication of the required distribution of the manifest is displayed on each page as indicated below.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The required distribution as printed on the Manifest is identified below:
Page 1 (top copy): “Designated facility to destination State (if required)”
Page 2: “Designated facility to generator State (if required)”
Page 3: “Designated facility to generator”
Page 4: “Designated facility’s copy”
Page 5: “Transporter’s copy”
Page 6 (bottom copy): “Generator’s initial copy”
Note:
“Designated facility” refers to the permitted Treatment, Storage, or Disposal Facility (TSDF) identified as the primary destination for the hazardous waste on the Manifest.
“Destination state” is the state where the TSDF is located.
Some states – but not all – require the TSDFs within their jurisdiction to submit to them a copy of the Manifest.
Some states – but not all – require an out-of-state TSDF to submit to them a copy of the Manifest. It will be up to the generator to ensure this is done.
“Generator” is the hazardous waste generator
“Generator state” is the state where the generator is located.
Pages 1-5 will – upon TSDF acceptance – will have at least three signatures (that of the generator, the transporter, and the designated facility). It may have more if more than one transporter is involved. These copies are sometimes known as the “TSDF Manifest”.
Page 6 will have two signatures (that of the generator and the initial transporter). It is sometimes known as the “Generator Manifest”.
Also, not accounted for here are the regulations of the states that require the generator submit to them a copy of the manifest within a specified time frame. You can view the manifest distribution requirements of specific states by clicking on the links below.
USEPA Region
States That Require Annual Reporting
1
Maine, New Hampshire
2
New Jersey, New York
3
Delaware, District of Columbia
4
Georgia, Kentucky, Mississippi, South Carolina, Tennessee
5
Illinois, Indiana, Michigan, Minnesota, Wisconsin
6
Arkansas, Louisiana, Oklahoma, Texas
7
Kansas, Missouri
8
Montana
9
Arizona, California, Guam
10
Idaho, Oregon, Washington
If a link is not active it is because I have not yet researched the requirements of that state. Please contact me regarding this and I will be glad to conduct the research and update my information.
The Uniform Hazardous Waste Manifest is the sole document that tracks a hazardous waste from “cradle-to-grave”. Make certain yours is completed and distributed correctly.
What are the Size Requirements for the Package Marks of a Salvage Packaging?
Pursuant to 49 CFR 173.3(c)(3), each salvage drum must be marked with the following:
Proper shipping name of the hazardous material inside the packaging.
Name and address of the shipper (consignee).
The word “SALVAGE”.
Each salvage drum must also display the applicable HazMat label.
The lettering of the package mark for “SALVAGE” must be at least 12 mm (0.5 inches) high. An exact conversion from metric to U.S. standards is 12 mm = 0.47 inches. This is the conversion used elsewhere for a similar regulation. Read: The Minimum Height Requirement of the Identification Number. For some reason, PHMSA/USDOT decided to round-up to 0.5 inches for this regulation. Don’t let it confuse you, though. The reference to inches is only for a point of reference. Compliance with the PHMSA/USDOT Hazardous Materials Regulations (HMR) is determined in metric measurements. Read: Units of Measure Used in the Hazardous Materials Regulations.
Interested in a Webinar that covers this topic, and more!
A transitional exception that ended on December 31, 2016 allowed for the continued use of a package mark that did not meet the height requirement.
A packaging marked with “SALVAGE” prior to January 1, 2017 that does not meet the minimum height requirement may continue in use until the end of its useful life.
