A question on August 06, 2020:

Hi Daniel,
I am long time reader of your publications. Thank you. I have found them most useful on many occasions.

Your recent post concerning specification packaging for NA3077 in IBCs left a question I’d like to ask.

Since a non-DOT specification rail cars and, motor vehicles (Sift proof closed vehicles)… are authorized, could the transport trailer be considered the package rather than the individual packages within?

While I think a box trailer meets “sift proof” I read an interpretation where the fine folk at PHMSA wrote that a package(s) on a flatbed trailer covered with a tarp meets and is considered to be closed and sift proof as well.

My reply 08.07.20:

That’s a good question. The answer is yes: under the right conditions a transport trailer (i.e., the trailer of a motor vehicle) may be the non-DOT specification bulk packaging for a hazardous material. Please see below for my reply.

• The Hazardous Materials Regulations (HMR) of USDOT/PHMSA at 49 CFR 173.240 allow “certain low hazard solid materials” to be transported in non-DOT specification bulk packagings, including the following:
  • Metal, non-DOT specification, sift-proof tank car tanks. FAQ: What is a tank car?
  • Metal, non-DOT specification, sift-proof closed cars. FAQ: What is a rail car?
  • Non-DOT specification, sift-proof cargo tank motor vehicles. FAQ: What is a cargo tank and/or cargo tank motor vehicle?
  • Non-DOT specification, sift-proof closed vehicles. FAQ: What is a motor vehicle?
  • Sift-proof, non-DOT specification portable tanks. FAQ: What is a portable tank?
  • Sift-proof, non-DOT specification closed bulk bins.

• The allowance for non-DOT specification packagings does not include intermediate bulk containers (IBCs). An IBC authorized for “certain low hazard materials” at §173.240 must be a specification packaging.
• As noted in the list of authorized packagings above, a non-DOT specification, sift-proof closed vehicle is authorized. Also (01-0302).
• Per this USDOT/PHMSA letter of interpretation, “a box van trailer is a ‘closed bulk bin'”. (05-0114)
• This may be the USDOT/PHMSA letter of interpretation you refer to. It indicates a sift-proof closed vehicle with a tarpaulin cover meets the requirements of §173.240. (99-0226)
• The following are also authorized as non-DOT specification bulk packagings for hazardous materials:
  • A roll-on/roll-off bulk container. (02-0068)
  • A 24-foor, rear-end loaded freight container. (98-0365)

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail International and Domestic Daniels Training Services, Inc. 815.821.1550 Info@DanielsTraining.com https://www.danielstraining.com/

• Siftproof packaging is defined at §171.8:

Siftproof packaging means a packaging impermeable to dry contents, including fine solid material produced during transportation.

• Also, from 06-0042:

In order to be deemed sift-proof the completed package may not permit the escape of any of the hazard material contained therein.

• A non-DOT specification packaging must comply with the remainder of the HMR. This includes:
  • The general packing requirements of §173.24 and §173.24b. (01-0114)
  • The special provision codes of column 7 in the Hazardous Materials Table. (05-004)
  • The requirements for package marks and placards. (05-0114)

I hope this helps. Please contact me with any other questions.

And that did it!

It may not be common-knowledge that a non-specification packaging for HazMat may include something as simple as a metal box with a tarp, or the vehicle itself. There’s a lot to learn about the HMR and I’m still learning. Contact me when you require HazMat Employee training.