Message Body:
I have an on-line shipping training on the IATA Dangerous Goods Regulations for researchers at my institution on shipping biologicals and dry ice by air. A test is given and upon passing they get a certificate with my name and the date on it along with a description of the course: Shipping Dangerous Goods training and Class 6.2 Infectious substances and Class 9 Miscellaneous Goods.
Our parent organization wants to have 1 training for many institutions within the system. Currently the biosafety officers at institutions with biosafety programs have their own programs/tests for this certification. And we are available for consult with any questions. I am not sure that the smaller hospitals that have some shipping needs should be certified by myself or one corporate trainer. I don’t even know where these institutions are located.
The question is, what are the requirements for the actual certificate, (Does the trainer’s name need to be on this?) and does each entity/hospital within the larger corporation need to have a trained trainer on site to cover the needs of these hospitals? Is each individual institution liable for their own shippers?
IATA (the International Air Transport Association) does not require a certificate for trainees upon completion of training. I provide a certificate with my training because people expect it.
IATA regulations at 1.5.1.4 require the following record of training and assessment (initial and biennial):
Individual’s name.
Most recent training and assessment completion month.
Description, copy, or reference to training materials used.
Name and address of organization providing training. Not the name of the trainer, though I put mine on it.
Evidence which shows that personnel have been assessed as competent.
I created a record of the training separate from the certificate that I use in my training. The record is designed to meet the requirements of 1.5.1.4 described above.
Beginning with the 62nd Edition, effective from January 01, 2021 to December 31, 2021, the Dangerous Goods Regulations require applicable personnel to be trained as assessed to determine their competence instead of being trained and tested. The requirement for an assessment of competence instead of a test continued with the 63rd Edition in 2022.
However, the new – and more stringent – requirements do not go become mandatory until 01.01.23. The regulations requiring a test instead of an assessment are found in Appendix H, Attachment A of the IATA Dangerous Goods Regulations and may be used until December 31, 2022.
Each site does not have to have its own trainer. I provide training for multiple businesses.
Each employer is required to ensure its personnel receive the required training and are trained or assessed to determine competence.
I hope this helps. Please contact me with any other questions.
Additional concerns:
Thank you. My concern is if there were an incident, we have our training online, and only admins would have access to the exam results which would need to be presented. What is the liability for the “owner” of the training? When there are incidents, who provides the corrective action letter? I’ve done this for my institution.
I appreciate you advice.
My reply:
Good questions. Legitimate concerns. Please see below.
Any training – at least mine – will provide you with the required record of the training. This may include documents to print or save as pdf.
The Dangerous Goods Regulations do not require the employer to provide access to the exam results to an inspector or anyone else. H.A 1.5.5.1 of Attachment A of Appendix H requires the record of the training to include: “evidence, which shows that a test has been completed satisfactorily.” While providing access to exam results is one may to meet this requirement, it is not the only way.
There is no liability for the owner of the training (if by that you mean the training provider). Regulations of IATA & USDOT/PHMSA put the responsibility for ensuring training and testing are adequate on the employer.
Not quite sure what you mean by “incidents”. If you mean an inspection by a regulatory agency, then the employer must make records of training available for inspection. These records may be a hardcopy or electronic.
If applicable, a corrective action letter would be written by the company faced with the non-compliance. Likely the employer. However a corrective action letter won’t be necessary if training and assessment (or testing) are adequate and records available for inspection.
Please contact me with any other questions.
That settled it!:
Hi Daniel,
Thank you for your help.
I have another issue, I’d like to run by you.
…but that will have to wait for another Q&A.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
International and Domestic
Conclusion:
This person is right to be vigilant about their training records. The best training accomplishes little if an accurate record is not kept demonstrating compliance with the applicable regulations. That’s why I assist my customers until they have completed the recordkeeping for the training I provide them.
The 63rd Edition of the IATA Dangerous Goods Regulations (effective January 1 through December 31, 2022) includes significant changes to the packing instructions for lithium cells and batteries when packed alone (UN3480 for lithium ion or UN3090 for lithium metal). The purpose of this article is to explain the removal of Section II from packing instructions 965 and 968 from the 2022 IATA Dangerous Goods Regulations for lithium cells and batteries.
Background:
IATA is the International Air Transport Association. It is a trade association of the world’s airlines. It supports aviation with global standards for airline safety, security, efficiency and sustainability. The IATA Dangerous Goods Regulations is a “field manual” version of the ICAO Technical Instructions. Written and edited by airline dangerous goods experts, the Dangerous Goods Regulations present the requirements for shipping dangerous goods by air in a user friendly, easy to interpret format.
1.1.4 of the IATA Dangerous Goods Regulations, states that the IATA Dangerous Goods Regulations contain all of the requirements of the ICAO Technical Instructions and include additional requirements and industry standards that are more restrictive.
ICAO is the International Civil Aviation Organization. It is a specialized agency of the United Nations. The ICAO Technical Instructions are a list of requirements for the transportation of hazardous goods by air. The technical instructions are based on the recommended procedures for the transport of dangerous goods created by the UN Sub Committee of Experts on the transport of dangerous goods (TDG Sub-Committee).
The Pipeline and Hazardous Materials Safety Administration within the United States Department of Transportation (USDOT/PHMSA) is responsible for developing and enforcing regulations for the safe, reliable, and environmentally sound transportation of nearly 1 million daily shipments of hazardous materials by land, sea, and air.
At 49 CFR 171.22(a) of the Hazardous Materials Regulations, USDOT/PHMSA authorizes the transport of hazardous materials (aka: dangerous goods) within the U.S. in accordance with the ICAO Technical Instructions with certain restrictions and limitations.
Lithium ion battery
Scope and Applicability:
This article is applicable solely to the 63rd Edition of the IATA Dangerous Goods Regulations. These regulations are in effect from January 1, 2022 to December 31, 2022.
Compliance with this revision is mandatory after March 31, 2022. Until that date the Section II provisions of PI 965 and PI 968 may be used as they are found in the 62nd Edition (2021) of the IATA Dangerous Goods Regulations.
This revision applies solely to the following packing instructions:
PI 965 for lithium ion cells and batteries packed alone (UN3480) on cargo aircraft only (CAO).
PI 968 for lithium metal cells and batteries packed alone (UN3090) on cargo aircraft only (CAO).
Both PI 965 and PI 968 have a multitude of State and Operations variations that may effect the transport of a lithium cell or battery. The effect of these State and Operator variations are not considered in this article.
Contact me with any questions you may have about the transportation of lithium batteries by air, highway, vessel, or rail
From page xxiii of the 63rd Edition: SIGNIFICANT CHANGES AND AMENDMENTS TO THE 63RD EDITION (2022)
PI 965 and PI 968 – Have been revised to remove Section II from these two packing instructions. To provide shippers with time to adapt their logistics processes to ship lithium cells and batteries in accordance with Section IB of Packing Instruction 965 and Packing Instruction 968, as applicable, there is a 3-month transition period until 31 March 2022, during which time shippers may continue to use Section II.
Consequential amendments have been made to 1.6.1, Special Provision A334, 7.1.5.5.1, Table 9.1.A and Table 9.5.A to reflect the deletion of Section II of Packing Instruction 965 and Packing Instruction 968.
Prior to the revision the Packing Instructions for lithium ion (PI 965) or lithium metal (PI 968) cells or batteries packed alone contained three sections:
Section IA applied to:
Lithium cells or batteries with a lithium content above the threshold amount. (see Lithium Content table below)
Or…
Lithium cells or batteries packed in a quantity that exceeded that allowed in Section IB, Table 965-IB or Section IB, Table 968-IB, respectively.
Lithium Content
Status
Lithium Ion Battery
(Watt-hour (Wh) Rating)
Lithium Metal Battery
(Lithium Content (g))
Battery
Cell
Battery
Cell
Eligible for section II packing instructions depending on quantity per package
Does not exceed 100 Wh
Does not exceed 20 Wh
Does not exceed 2 g
Does not exceed 1 g
Subject to section I or IA packing instructions regardless of quantity per package
Exceeds 100 Wh
Exceeds 20 Wh
Exceeds 2 g
Exceeds 1 g
Section IB, Table 965-IB
Contents
Lithium ion cells and/or batteries with a Watt-hour rating of 2.7 Wh or less
Lithium ion cells with a Watt-hour rating of more than 2.7 Wh but not more than 20 Wh
Lithium ion batteries with a Watt-hour rating of more than 2.7 Wh but not more than 100 Wh
1
2
3
4
Maximum number of cells/batteries per package
No limit
8 cells
2 Batteries
Maximum net quantity (weight) per package
2.5 kg
N/A
N/A
Section IB, Table 968-IB
Contents
Lithium metal cells and/or batteries with a lithium content of 0.3 g or less
Lithium metal cells with a lithium content of more than 0.3 g but not more than 1 g
Lithium metal batteries with a lithium content of more than 0.3 g but not more than 2 g
1
2
3
4
Maximum number of cells/batteries per package
No limit
8 cells
2 Batteries
Maximum net quantity (weight) per package
2.5 kg
N/A
N/A
Section IB applied to:
Lithium cells or batteries with a lithium content at or below the threshold amount packed in a quantity that exceeded that allowed in Section II, Table 965-II or Section II, Table 968-II, respectively.
Section II, Table 965-II
Contents
Lithium ion cells and/or batteries with a Watt-hour rating of 2.7 Wh or less
Lithium ion cells with a Watt-hour rating of more than 2.7 Wh but not more than 20 Wh
Lithium ion batteries with a Watt-hour rating of more than 2.7 Wh but not more than 100 Wh
1
2
3
4
Maximum number of cells/batteries per package
No limit
8 cells
2 Batteries
Maximum net quantity (weight) per package
2.5 kg
N/A
N/A
Section II, Table 968-II
Contents
Lithium metal cells and/or batteries with a lithium content of 0.3 g or less
Lithium metal cells with a lithium content of more than 0.3 g but not more than 1 g
Lithium metal batteries with a lithium content of more than 0.3 g but not more than 2 g
1
2
3
4
Maximum number of cells/batteries per package
No limit
8 cells
2 Batteries
Maximum net quantity (weight) per package
2.5 kg
N/A
N/A
Section II applied to:
Lithium cells or batteries with a lithium content at or below the threshold amount and packed in a quantity that did not exceed that allowed in Section II, Table 965-II or Section II, Table 968-II, respectively.
Interested in site specific training at your site that covers this topic, and more!
After the revision the Packing Instructions for lithium ion (PI 965) or lithium metal (PI 968) cells or batteries packed alone contain only two sections:
Section IA remains unchanged.
Section IB now applies solely to lithium cells or batteries with a lithium content at or below the threshold amount and in a quantity that does not exceed that allowed in Section IB, Table 965-IB or Section IB, Table 968-IB, respectively.
Section II has been removed.
What’s it mean?
After the effective date (March 31, 2022), the packing instructions for a lithium ion or lithium metal cell or battery packed alone (PI 965 or PI 968, respectively) will no longer include the packaging exception from full regulation in Section II. Under the packing instructions of Section IB, a lithium ion or lithium metal cell or battery packed alone is subject to all of the applicable provisions of the IATA Dangerous Goods Regulations (including the General Requirements) except for the requirement to use a specification (UN Standard) packaging.
Consequential Amendments to Reflect the Deletion of Section II of PI 965 and PI 968:
1.6.1 Adequate Instruction for Shipping Section II Lithium Batteries removed the reference to PI 965 and PI 968 since these packing instructions no longer contain a Section II.
Special Provision A334 was revised to remove the reference to Table 965-II and Table 968-II. However, the values from those tables were added to A334 resulting in no effective change to the special provision.
7.1.5.5.1 for the lithium battery mark was revised to remove the reference to Section II for both PI 965 and PI 968.
Table 9.1.A Applicable Acceptance Procedures Summary (9.1.3.3) was revised to remove the reference to Section II for PI 965 and PI 968.
Table 9.5.A Dangerous Goods Not Required to Appear on the Information to Pilot-in-Command (9.5.1.1.3.4) was revised to remove the reference to Section II for PI 965 and PI 968.
Compliance with the IATA Dangerous Goods Regulations for the transportation of lithium cells or batteries just got harder. Or did it? While the Section II packing instructions offered some relief from full regulation, having three sections (IA, IB, & II) for both PI 965 and PI 968 made the classification of lithium cells or batteries packed alone very difficult. And while the Section IB packing instructions are more stringent than those of Section II (e.g., Section IB requires initial and biennial training whereas Section II does not), Section IB does not require specification packaging which means a shipper of these batteries can still save money on packaging and transportation costs.
The content of this Q&A is based on the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
PCBs – or Polychlorinated biphenyls – are a highly toxic product whose production was banned by United States federal law in 1978, and by the Stockholm Convention on Persistent Organic Pollutants in 2001. It is an organic chlorine compound.
RCRA is the Resource Conservation and Recovery Act. It is the primary source of law upon which the Federal hazardous waste regulations of the U.S. Environmental Protection Agency (USEPA) are based.
Message Body:
Is DOT hazmat training required to sign the hazardous waste manifest when it is used for PCB transportation pursuant to 40 CFR 761.207? I understand it is for RCRA hazardous waste shipments.
My Answer (11.30.20):
I will try to answer your question below.
HazMat Employee training is required for any person with a direct affect on the safe transport of HazMat. This includes preparation, review, and signing / certifying of a hazardous material shipping paper.
A uniform hazardous waste manifest is a type of hazardous material shipping paper.
A hazardous waste subject to the regulations of the USEPA is one type of a hazardous material regulated by USDOT/PHMSA.
USDOT/PHMSA defines a hazardous waste at 49 CFR 171.8 as a material subject to the Hazardous Waste Manifest Requirements of the USEPA at 40 CFR part 262.
The Hazardous Waste Manifest Requirements of 40 CFR part 262 apply solely to a large quantity generator of hazardous waste (LQG) and a small quantity generator of hazardous waste (SQG). A very small quantity generator of hazardous waste (VSQG) – formerly conditionally exempt small quantity generator of hazardous waste (CESQG) – is not subject to 40 CFR part 262.
Not sure of your hazardous waste generator category?
The USDOT does not extend applicability to the manifest requirements of 40 CFR 761.207 which is the manifest general requirements for PCB waste.
So…
The use of the uniform hazardous waste manifest alone does not make the shipment subject to the HMR and therefore require HazMat Employee training.
However…
PCB waste may be a HazMat for other reasons:
It may contain a concentration of PCBs and be transported in a manner that classifies it as a marine pollutant. Generally speaking this would require a concentration of PCBs in solution of 1% or more and the waste must be transported by vessel or in a bulk packaging by highway or rail. Read: What is a marine pollutant?
It may contain a concentration and weight of PCBs in a single container that classifies it as a RQ of a hazardous substance. In general, this will require a PCB concentration of 20 parts per million or more and a quantity of 1 pound or more in a single package.
So, more information is required before I can fully answer your question. At a minimum I require:
The concentration of PCB in the – I presume – oil.
I did not hear anymore from that questioner. Perhaps my answer was enough? The Hazardous Materials Regulations of USDOT/PHMSA can be difficult to comply with all on their own. If the transportation involves a waste subject to USEPA regulations – or those of your state – it can become even more complicated. Make sure you understand the relationship between the Federal regulations of the USDOT/PHMSA and USEPA when arranging for the off-site transportation of waste.
Aerosols are a common product found in almost every residential and commercial setting. They are also – usually – a hazardous material (HazMat) subject to the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) when transported or offered for transport within the U.S. However, an exception from most of the HMR is available to aerosols – and other compressed gasses – at 49 CFR 173.306. The purpose of this article is to identify and explain the limited quantity exception for aerosols in metal containers at 49 CFR 173.306(i).
Before we begin…
Aerosol v. aerosol container:
Aerosol is defined at 49 CFR 171.8:
Aerosol means an article consisting of any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
Also, the classification of an aerosol as a Class 2 Compressed Gas is found at §173.115(l)
Aerosol container is not defined, but its specifications are described at §178, Subpart B.
Therefore, Aerosol is the HazMat regulated by USDOT/PHMSA and aerosol container is the packaging authorized for its transportation.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
International and Domestic
Scope and Applicability:
This article is limited solely to the following:
The transportation in commerce of HazMat to, from, or through the U.S. International transportation of aerosols will not be considered in this article.
The mode of transportation is by highway, rail, or vessel. The transportation of aerosols by aircraft will not be within the scope of this article.
The use of a metal container for the inner packaging of an aerosol. Plastic aerosol containers may be used in some situations (see §173.306(a)(5)) but will not be within the scope of this article.
What is an aerosol?
As noted earlier, aerosol is defined at §171.8. Key points of its definition include:
It is an article.
It consists of a non-refillable receptacle. This distinguishes it from most compressed gas cylinders which are refillable.
The non-refillable receptacle contains one of the following gas types:
Compressed
Liquefied
Dissolved under pressure.
The sole purpose of the aerosol is to expel one of the following:
Liquid
Paste
Powder
The liquid, paste, or powder must be non-poisonous. However, a Division 6.1 Poison Packing Group III is allowed.
The aerosol is fitted with a self-closing release device which allows the contents to be ejected by the gas.
Q: What about a pressurized metal canister containing a liquefied gas whose sole purpose is to expel that gas as a liquid? In other words, there is no liquid, paste, or powder in the container, just the liquefied gas. Is that an aerosol eligible for the limited quantity exception of §173.306(i)?
A: No. A liquefied compressed gas packaged without a liquid, paste, or powder in the container does not meet the definition of an aerosol and, therefore, is not eligible for the exception. (LOI 17-0098 & LOI 09-0290)
Q: A mixture of propane and silicone oil in a container under pressure is used to both operate (primarily) and lubricate (secondarily) toy guns. Does this meet the definition of an aerosol and therefore be eligible for the limited quantity exception?
A: No. The sole purpose of an aerosol must be to expel a liquid, paste, or powder. In this situation, the sole purpose of this product is not to disperse the lubricant but to both operate and lubricate the toy gun. Therefore it does not meet the definition of an aerosol at §171.8 and is not eligible for the limited quantity exception. (LOI 07-0095)
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Aerosols are classified as a Class 2 gas at §173.115(l). These regulations are summarized below.
An aerosol may be assigned to Division 2.1 Flammable Gas or Division 2.2 Non-Flammable Gas.
An aerosol that is neither Division 2.1 or 2.2 must be classed in accordance with the appropriate tests of the UN Manual of Tests and Criteria. Therefore, it is possible – but unlikely – an aerosol would be classed as something other than a Class 2.
A Division 2.3 Poison Gas may not be transported in an aerosol container.
An aerosol may have a subsidiary hazard class of Division 6.1 Poison (PG III only) or Class 8 Corrosive (PG II or III), as appropriate. However, Packing Group I or II Poisons or Packing Group I Corrosives are forbidden from transport in an aerosol container.
Flammable components of an aerosol must be one of the following:
Class 3 Flammable Liquid
Division 4.1 Flammable Solid
Division 2.1 Flammable Gas
The chemical heat of combustion for the flammable components of an aerosol container must be determined in accordance with the UN Manual of Tests and Criteria.
Classification of Aerosols:
The Hazardous Materials Table contains the following classifications for aerosols:
UN1950, Aerosols, corrosive, Packing Group II or III, (each not exceeding 1 L capacity), 2.2 (8)
UN1950, Aerosols, flammable, (each not exceeding 1 L capacity), 2.1
UN1950, Aerosols, flammable, n.o.s.(engine starting fluid) (each not exceeding 1 L capacity), 2.1
UN1950, Aerosols, non-flammable, (each not exceeding 1 L capacity), 2.2
UN1950, Aerosols, poison, Packing Group III (each not exceeding 1 L capacity), 2.2 (6.1)
And a few others….
Pepper spray, seeAerosols, etc. or Self-defense spray, non-pressurized
Self-defense spray, aerosol, seeAerosols, etc.
Tear gas devices, with not more than 2 percent tear gas substances, by mass, seeAerosols, etc
Column 8 of the Hazardous Materials Table refers to the section in Part 173 of Title 49 where the authorized packing for the HazMat can be found. In this situation, every one of the above classifications – except engine starting fluid – has only one section indicated for authorized packaging: “306”. This means that for almost all aerosol classifications, the sole packing instructions to refer to can be found only at 49 CFR 173.306.
Packing Instructions of 49 CFR 173.306 Limited quantities of compressed gases:
A few things before we proceed through §173.306:
The packing instructions for a limited quantity of UN1950, Aerosols, etc. are found in paragraph (i) of §173.306. However, that is not the place to start. A shipper must go through §173.306 in order, beginning with paragraph (a) and proceeding to (i) when directed to it as an option. That is how this article is arranged.
As noted in Scope and Applicability, this article will only address the transportation of aerosols by motor vehicle, rail, or vessel; transport by aircraft will not be considered.
§173.306 contains packing instructions for many articles containing compressed gases besides aerosols in metal containers, including:
Gas samples at (a)(4).
Division 2.2 non-flammable gases in plastic aerosols (a)(5).
Foodstuffs, soap, biologicals, electronic tubes, and audible fire alarm systems at (b).
(c) – (d) are reserved.
Refrigerating machines at (e).
Accumulators at (f).
Water pump system tank (g).
Lighter refills at (h).
Aerosols and receptacles small, containing gas with a capacity of less than 50 mL at (j).
The following are not required for a limited quantity of a compressed gas:
HazMat labels – unless required by a condition of the exception.
DOT specification packaging.
Placards on vehicles transporting this HazMat.
The rail car operator requirements of Part 174 – except for the requirement for a shipping paper at §174.24.
The motor carrier requirements of Part 177 – except for the requirement for a shipping paper at §177.817.
Each package must not exceed 30 kg (66 lb) gross weight.
Subject to §173.306(a)(1), containers of not more than 4 fluid ounces (7.22 cubic inches) capacity – except cigarette lighters – are eligible for this exception. “Additional exceptions for certain compressed gases in limited quantities and the ORM-D hazard class are provided in paragraph (i) of this section.” That means, if an aerosol container meets the criteria and conditions of this paragraph, it is also eligible for the limited quantity exception at §173.306(i).
§173.306(a)(2) is applicable solely to refillable metal containers. Therefore it is not applicable to aerosols and is not addressed in this article.
§173.306(a)(3) identifies the authorized metal containers for an aerosol – provided certain conditions are met. Authorized containers include the following designs:
Non-specification.
DOT 2P per §178.33.
DOT 2Q per §178.33a.
DOT 2Q1 per §178.33(d).
Those “certain conditions”:
The capacity of the container must not exceed 1 L (61.0 cubic inches).
The liquid content of the material and gas must not completely fill the container at 45.4 °C (130 °F).
The containers must be packed in a strong outer packaging. The strong outer packaging is not required to be a DOT specification packaging.
Each aerosol container, after it is filled, must be subjected to a test performed in a hot water bath per §173.306(a)(3)(v) – unless one of the alternative tests are used.
Alternatives to the hot water bath include:
Alternative water bath test at §173.306(a)(3)(v)(A).
Automated pressure test at §173.306(a)(3)(v)(B).
Weight test at §173.306(a)(3)(v)(C).
Leakage test at §173.306(a)(3)(v)(D).
Each outer packaging must be marked: “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS”
And…
“Additional exceptions for aerosol containers conforming to this paragraph (a)(3) are provided in paragraph (i) of this section.” That means, if an aerosol container meets the criteria and conditions of paragraph §173.306(a)(3), a shipper may refer to paragraph §173.306(i) for additional exceptions as a limited quantity.
§173.306(a)(4) applies to gas samples and is not addressed in this article.
§173.306(a)(5) applies to Division 2.2 non-flammable gases with no subsidiary hazard in a plastic aerosol container. A description of these regulations will have to wait for a later article.
This paragraph describes exceptions for limited quantities of the following compressed gas HazMat:
Foodstuffs
Soap
Biologicals
Electronic tubes
Audible fire alarm systems
This paragraph also directs a shipper to §173.306(i) where additional exceptions as a limited quantity are available with this text: “Additional exceptions for certain compressed gases in limited quantities and the ORM-D hazard class are provided in paragraph (i) of this section.”
Broadly speaking, this exception is very similar to the one offered for metal aerosol containers in §173.306(a) with some less stringent requirements – e.g., a plastic aerosol container is authorized. However, a full explanation of this exception will have to wait until a later article.
§173.306(c) – (h):
This article will not address these paragraphs applicable to several different types of compressed gases. Instead, I will jump to the most critical paragraph of this section for limited quantities or aerosols in metal containers…
§173.306(i):
To be eligible for the limited quantity exception as described in this paragraph, the HazMat must conform to the provisions of one of the earlier paragraphs of this part (addressed earlier in this article):
§173.306(a)(1): containers of not more than 4 fluid oz.
§173.306(a)(3): a metal aerosol container.
§173.306(a)(5): a division 2.2 gas with no subsidiary risk in a plastic aerosol container.
§173.306(b): foodstuffs, soap, biologicals, electronic tubes, and audible fire alarm systems.
§173.306(h) (unless transportation is by aircraft): lighter refills.
Q: So, in order to be eligible for the limited quantity exception at §173.306(i) a shipper of an aerosol in a metal container must first comply with the regulations of §173.306(a)(3)?
A: Yes. Conformity with §173.306(a)(3) – or (a)(1), (a)(5), or (b) as applicable – is required before the limited quantity exception of §173.306(i) is available.
Also…
Each package must display the limited quantity mark per §172.315(a) or (b).
Outside packagings are not required to be marked: “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS”.
Each package must conform with the general packaging requirements of 173, subpart B.
Each package must not exceed 30 kg (66 lb) gross weight.
A metal aerosol container that conforms with §173.306(i) is excepted from the following:
HazMat labels.
Specification packaging when packed in a combination packaging.
Shipping papers. Unless the HazMat is one of the following:
Hazardous substance
Hazardous waste
Marine pollutant
Transported by aircraft or vessel.
Placards
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Q: An aerosol container eligible for the limited quantity exception at §173.306(i) is not required to be marked: INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS”, but is required to display the limited quantity mark?
A: Yes. While the display of the mark: “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS” remains an option, it no longer is a requirement under this exception. The limited quantity mark however, is required.
Conclusion:
The limited quantity exception for aerosols in metal containers as described in §173.306 is not as clear as it might be. However, by navigating through the section correctly, a shipper should be able to find that most metal containers of aerosols are eligible for the limited quantity exception at §173.306(i).
In a separate article I describe the requirements of 49 CFR 173.306 for Limited quantities of compressed gases as they apply to aerosol. A portion of those regulations indicates authorized metal aerosol containers and associated pressure limitations. In order to simplify my separate article on shipping aerosols as a limited quantity, I will detail the general pressure conditions of §173.306(a)(3)(ii) in this article.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
International and Domestic
Before we begin…
§173.306(a) is just the beginning of the limited quantity exception for aerosols. Additional exceptions for limited quantities of aerosols are provided in §173.306(i) and are addressed in this article: Transport of Aerosols in Metal Containers
Scope and Applicability:
§173.306 is applicable to all compressed gases eligible for some form of the limited quantity exception – not just aerosols. For example, gas samples, refrigerating machines, accumulators, lighter refills, and more are eligible for some form of the limited quantity exception at §173.306. This article will solely address the requirements for a limited quantity of a compressed gas in a metal aerosol container.
General Pressure Conditions of §173.306(a)(3)(ii):
If the gauge pressure (psig) at 54.4 degrees C (130 degrees F) is...
Authorized container
140 or less
Non-DOT specification
DOT 2P
DOT 2Q
DOT 2Q1
Greater than 140 but not exceeding 160
DOT 2P
DOT 2Q
DOT 2Q1
Greater than 160 but not exceeding 180
DOT 2Q
DOT 2Q1
Not to exceed 210
DOT 2Q1 (non-flammable only)
Also…
Pressure inside the container may not exceed 180 psig at 54.4 °C (130 °F) except as may be authorized by variations of a DOT specification container type.
The metal container must be capable of withstanding without bursting a pressure of at least one and one-half times the equilibrium pressure of the contents at 54.4 °C (130 °F).
The manufacturer of the aerosol container will likely be the one with this information. However, it is the person who prepares the hazardous material and offers it for transportation (i.e., the shipper) who is responsible for compliance with §173.306(a)(3)(ii) and the remainder of §173.306.
All of the following is based on the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
Question (10.20.20):
You seem to have the most info and the most accurate info regarding highway transportation of hazmat. Recently I hauled this “modular power unit” from NM to NY. At the delivery point the job super asked why it wasn’t placarded, I told him I wasn’t tendered the load as hazmat, so I had no idea. He told me the unit was a battery backup for GE and contained 50,000 lbs of lithium ion batteries. Is that considered hazmat and was it supposed to be marked or placarded?
Thank you for the compliment. Good question. The answer depends on many factors. See below.
This table indicates the regulatory thresholds for lithium battery “size”. It is necessary for the classification and transport of lithium batteries.
Status
Lithium Ion Battery
(Watt-hour (Wh) Rating)
Lithium Metal Battery
(Lithium Content (g))
Battery
Cell
Battery
Cell
Subject to "smaller battery exception"
Does not exceed 100 Wh
Does not exceed 20 Wh
Does not exceed 2 g
Does not exceed 1 g
Subject to full regulation
Exceeds 100 Wh
Exceeds 20 Wh
Exceeds 2 g
Exceeds 1 g
Subject to "smaller battery exception" by highway or rail
Does not exceed 300 Wh
Does not exceed 60 Wh
Does not exceed 25 g
Does not exceed 5 g
If the lithium batteries met the criteria for “smaller” in the HMR i.e., less than 100 Watt/hour (Wh) for lithium ion or less than 2 grams of lithium metal for lithium metal battery, then it is (mostly) not subject to USDOT regulations when in transport. It would not be a “HazMat” load but each package containing a lithium battery would need to display the lithium battery mark. No other regulations would apply. Read: Classification of Lithium Batteries for Transportation in Commerce
If the batteries were larger than indicated above (as I suspect they are), then they would be subject to full regulation as a “HazMat” shipment. However, even then it is not necessary to display placards on the vehicle.
Q: “Why is it not necessary to display placards on a vehicle transporting this quantity of lithium batteries?”
A: “Lithium batteries of all types, all configurations, and all quantities are a Class 9 Miscellaneous. The display of the Class 9 Miscellaneous placard is not required within the U.S. – though it remains an option.
Further, since the vehicle is not required to display a placard, the driver is not required to have the HazMat endorsement on their CDL.
However, if this is a fully-regulated HazMat shipment as I suspect, you should have been provided with a shipping paper describing the consignment and been given emergency response information and an emergency telephone. Also, you must receive HazMat Employee training.
If you are able to provide more information about the batteries I can provide more specific information.
Contact me with any questions you may have about the transportation of lithium batteries by air, highway, vessel, or rail
International and Domestic
That did it!
The transportation of lithium batteries is essential and complicated. Make sure you comply with the Hazardous Materials Regulations of USDOT/PHMSA for any transportation to, from, or through the U.S.
We are reusing plastic drums to send waste back out. The max net mass is 400 kg. Does that mean we cannot fill the drums over 400 kg each drum, even if palletized for transport?
Thank you,
Answer (January 18, 2021):
Thank you for contacting me. I apologize for my delay. There are several issues brought up by your question that I will address in addition to answering your question. Please see below.
Note: all of the following is based on the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
First of all, it is acceptable under the HMR for a HazMat packaging that previously contained a hazardous material to be used for the off-site transportation of a hazardous waste if done subject to the exception at 49 CFR 173.12(c). Read: Reuse of HazMat Packaging for the Shipment of Hazardous Waste
Secondly, under the international regulations of the International Air Transport Association (IATA) and the International Maritime Organization (IMO) a plastic drum, jerrican, or intermediate bulk container (IBC) is limited in its use to no more than five (5) years from its date of manufacture. However, no such limit applies to transportation by highway or rail solely within the U.S. For clarification of this point, read the two following letters of interpretation from USDOT/PHMSA (the HMR lacks a clear statement on this subject but it most certainly does not limit the lifespan of a non-bulk packaging):
From LOI 99-0246: “Non-bulk specification packagings do not ‘expire'”.
And, from LOI 97-0002: “A shipper may purchase a UN packaging, store it indefinitely and then use it without any testing requirements”.
Packagings are limited by their type to a maximum net mass and maximum capacity. No non-bulk packaging may exceed a maximum capacity of 450 L (119 gal) or 400 kg (882 lb). Pursuant to §178.509(b)(7 & 8), a plastic drum can not exceed the following limits:
Maximum capacity of 450 L (119 gal).
Maximum net mass of 400 kg (882 lb).
So, to be clear: the plastic drums can not be filled with a hazardous material to a net mass of more than 400 kg (882 lb). The palletizing of the drums after being filled does not effect the per packaging limit of 400 kg (882 lb).
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
I hope this helps. Please contact me with any other questions.
That did it!
Reusing a HazMat packaging for the off-site transportation of hazardous waste is a compliant way to save money – no sense buying new drums to ship out hazardous waste! However, in addition to the conditions of the exception, the remaining requirements of the HMR remain for the packaging. That includes complying with its capacity and net mass limits.
The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) creates and enforces the Hazardous Materials Regulations (HMR) for the transportation of hazardous materials (HazMat) to, from, or through the U.S.
The Dangerous Goods Regulations of the International Air Transport Association (IATA) are produced in consultation with the International Civil Aviation Organization (ICAO) and are the guide recognized by the world’s commercial airlines for the transportation of dangerous goods by air.
The content of this Q&A is based on the 63rd Edition of the IATA Dangerous Goods Regulations, effective January 01, 2022 until December 31, 2022.
The question:
Subject: IATA certification requirements
Message Body: I have an on-line shipping training for researchers at my institution on shipping biologicals and dry ice. A test is given and upon passing and they get a certificate with my name and the date on it along with a description of the course: Shipping Dangerous Goods training and Class 6.2 Infectious substances and Class 9 Miscellaneous Goods.
Our parent organization wants to have one training for many institutions within the system. Currently the biosafety officers at institutions with biosafety programs have their own programs/tests for this certification. And we are available for consult with any questions. I am not sure that the smaller hospitals that have some shipping needs should be certified by myself or one corporate trainer. I don’t even know where these institutions are located.
The question is, what are the requirements for the actual certificate, (does the trainer’s name need to be on this?) and does each entity/hospital within the larger corporation need to have a trained trainer on site to cover the needs of these hospitals? Is each individual institution liable for their own shippers?
Thank you for your insight.
The answer:
Thank you for contacting me. Please see below.
IATA does not require a certificate for trainees. I provide a certificate with my training because people expect it.
IATA Dangerous Goods Regulations at H.A.1.5.5 (Appendix H) require the following record of training (initial and biennial):
Individual’s name.
Most recent training completion month.
Description, copy, or reference to training materials used.
Name and address of organization providing training. Not the name of the trainer, though I put mine on it.
Evidence which shows test completed satisfactorily.
1.5.1.4 reads differently than the above as the regulations now require an assessment of competence instead of just a test. However, the new – and more stringent – requirements (those found in 1.5.1.4) do not become mandatory until 01.01.23.
I provide a record of the training separate from the certificate.
Each site does not have to have its own trainer. I provide training for multiple businesses.
Each employer is required to ensure its personnel receive the required training.
I hope this helps. Please contact me with any other questions.
A concern:
Thank you. My concern is if there were an incident, we have our training online, and only admins would have access to the exam results which would need to be presented. What is the liability for the “owner” of the training? When there are incidents, who provides the corrective action letter? I’ve done this for my institution.
I appreciate your advice.
My reply:
Good questions. Legitimate concerns. Please see below.
Any training – at least mine – will provide you with the required documents to record the training. This may include documents to print or save as pdf.
There is no liability for the owner of the training (if by that you mean the training provider). Regulations of IATA & USDOT/PHMSA put the responsibility for ensuring the adequacy of training and testing on the employer.
Not quite sure what you mean by “incidents”. If you mean an inspection by regulatory agency, then employer must make records of training available for inspection.
If applicable, corrective action letter would be written by the company faced with the non-compliance. Likely the employer. However corrective action letter won’t be necessary if training and testing adequate and records available for inspection.
IATA training requirements will become more strict as of 01.01.23.
Please contact me with any other questions.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
International and Domestic
Any more questions:
The contact actually had another question, but it was related to the Materials of Trade exception and not the training requirements of IATA. The content of that email exchange will be handled in a separate Q&A.
Subject: Container head space for UN rated drums containing liquids
Message Body:
Are there any regulations in reference to how much liquid can be added to a drum? e.g. 1A1 – 55 gal drum. When dealing with drums containing flammable liquids during summer months to ensure adequate container head space for vapor expansion. Most in the industry have a “rule of thumb”…
Answer:
Thank you for contacting me. There are several regulatory requirements applicable to the filling of packagings with a hazardous material (HazMat) prior to offering it for transportation. Please see below for some initial clarification:
My answers are derived from the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
The HMR applies to the preparation for and transportation in commerce of HazMat to, from, or anywhere through the U.S.
Other agencies – domestic and international – may have regulations applicable to this situation; they won’t be considered here.
The packaging you describe: “1A1 – 55 gal drum” is a non-bulk packaging.
More specifically, a 1A1 is a steel drum with a non-removable head made to the non-bulk performance oriented standard (aka: UN Standard) at 49 CFR 178, subpart L.
Please see below for the relevant regulations of the HMR and a summary of their requirements:
Note: all of the below regulations are found within §173, Subpart B. These are the shipper’s responsibilities for the preparation of HazMat for transportation.
§173.24(b) – each HazMat package must be filled, its contents so limited, and closed…so that under normal transportation conditions there will be no identifiable (without the use of instruments) release of HazMat. Also, there may be no HazMat residue on the outside of the package.
Note: the above regulation does not define what is meant by “its contents so limited”. The person filling the packaging must determine how to limit the contents in order to prevent an identifiable release.
§173.24(h) – when filling packages with a liquid HazMat, sufficient ullage (aka: headspace or outage) must be left to ensure no leakage or distortion of the package will occur due to expansion of liquid caused by temperatures likely to be encountered during transportation.
Note: the above regulation does not specify a limit not to exceed when filling a packaging with a liquid HazMat. Rather, the shipper must determine what is “sufficient ullage”. Also, “sufficient ullage” will vary based on the temperature likely to be encountered during transportation, i.e., summer v. winter and low v. high elevation.
§173.24a(b) – This paragraph describes non-bulk packaging filling limits. However, it is not applicable to your question for the following reasons:
For packagings designed for HazMat liquids, it doesn’t specify a volume limit but instead indicates a maximum relative density for the HazMat liquid that is marked on the packaging.
Packagings designed for solid HazMat have a maximum gross mass that must be marked on the package. However, this is not applicable to a liquid HazMat.
§173.24a(d) – specific to a non-bulk packaging: “Liquids must not completely fill a receptacle at a temperature of 55 °C (131 °F) or less.”
§173.24b(a) – this specifies outage and filling limits for a bulk packaging. It is not applicable to this non-bulk packaging.
Pursuant to §178.2(c), the manufacturer of a packaging and any subsequent distributor must provide the shipper with all the information necessary to ensure the packaging is filled, closed, and prepared for transportation in a form able to pass the packaging’s performance tests at §178, Subpart M. These are usually referred to as the packaging’s closure instructions.
The closure instructions may specify a maximum fill volume for the packaging that is less than its rated capacity and less than the values determined through use of the above described regulations in the HMR. The shipper must obtain the “closure instructions”, follow them to the letter, and maintain a copy of them for at least 90 days after the packaging is offered for off-site transportation.
Contact me the next time your USDOT, training is due to expire.
In conclusion: yes. There are regulations in the HMR affecting the liquid filling of HazMat packagings. Unfortunately, the regulations place the responsibility on the shipper to determine what those limits are. And, no. A “rule of thumb” won’t suffice.
I hope this helps. Please contact me with any other questions.
If our shipments never require placards do we need to have placards available?
Answer:
That’s a good question. Please see below.
The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety administration within the U.S. Department of Transportation (USDOT/PHMSA) require the shipper to provide placards to the driver unless the motor vehicle already displays the required placards. [49 CFR 172.506(a)]
A shipper that offers hazardous materials (HazMat) for transportation in quantities that require the display of placards on the vehicle should therefore have a supply of the applicable placards in order to be able to provide them to the carrier if necessary.
Nowhere does the HMR require the shipper to maintain a supply of placards.
I have read of a shipper fined because it did not have a supply of placards for the HazMat they shipped. Unfortunately, I don’t have documentation for this.
If you do not ship any HazMat that requires the display of placards, then you will never be required to provide placards to the driver and therefore you are not required to maintain a supply of them.
Also, the requirement to provide placards to the driver at 49 CFR 172.506(a) applies solely to the HazMat you offer for transport, not to the combination of your HazMat and what is currently or will later be loaded on the vehicle.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Note: even though the consignment does not require the display of placards, the requirement to provide HazMat Employee training for personnel with a direct affect on its safe transportation remains.
In conclusion: No. A shipper is not required to maintain a supply of placards regardless of whether or not it may offer for transport a type or quantity of HazMat that requires the display of placards.
I hope this helps. Please contact me with any other questions.
