International Maritime Organization (IMO)

The IMDG Code Amendment Cycle – 2016 thru 2025

The IMDG Code Amendment Cycle – 2016 thru 2025

If you ship HazMat/Dangerous Goods by vessel in international waters, then you must comply with the regulations of the International Maritime Organization (IMO) and its International Maritime Dangerous Goods Code (IMDG Code).  But to comply you must make certain that you are using only the latest approved edition of the IMDG Code which is updated every two years.

From the above graphic you can see that the 2014 Edition of the IMDG Code is acceptable for use through the end of 2017.  After that it must be replaced by the 2016 Edition which is then acceptable through the end of 2019.

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Summary of Significant Changes to the 2016 Edition of the IMDG Code

Summary of Significant Changes to the 2016 Edition of the IMDG Code

The international transportation of a dangerous good by vessel – over water – is subject to the dangerous goods code of the International Maritime Organization (IMO).

The IMDG Code is published by the IMO every two years.  In effect until the end of 2017 is the 2014 Edition which includes the 37-14 amendments.  It will be replaced on January 1, 2018 with the 2016 Edition which includes the 38-16 amendments (read: The IMDG Code Amendment Cycle – 2016 thru 2025).  The important thing to realize is this:  as of January 1, 2018, if you offer a dangerous good for international transportation by vessel you must comply with the 2016 Edition of the IMDG Code.  Therefore, as a shipper of dangerous goods you must be aware of any changes to the 2016 Edition from the 2014 Edition.  The purpose of this article is to summarize the significant changes to the 2016 Edition of the IMDG Code. (more…)

Use of the New Hazard Class 9 Lithium Battery Label

The transportation in commerce of a package containing a lithium battery is subject to both domestic and international transportation regulations.  Depending on the classification of the lithium battery package several types of hazard communication methods (labels and/or package marks) may be mandatory.  One significant change to the hazard communication regulations for lithium batteries or cells is the phase in of the new Hazard Class 9 Lithium Battery label to replace the currently used Class 9 Miscellaneous label.

This short Power Point presentation will summarize these changes and the deadlines for compliance.

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It is important to note that the changes summarized here will become effective in all modes of transportation (highway, rail, vessel, air) and both domestic (PHMSA/USDOT) and international (ICAO/IATA and IMO) in the same way at the same time.

Use of the New Lithium Battery Mark

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Use of the New Class 9-Lithium Batteries Label

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Q&A: The Marine Pollutant Exception

This is a question from a customer of mine.  I had provided them with HazMat Employee Training (to meet USDOT regulations), training for the shippers and packers of dangerous goods by air as required by the International Air Transport Association (IATA) and also training for shore-based personnel for dangerous goods by vessel per the International Maritime Organization (IMO).  Afterwards, they had some questions for me about specific shipping challenges.  Like all of my customers, I happily answered their questions at no cost.  For this particular question the customer had already sent me a Safety Data Sheet (SDS) for the product they wished to ship.  We had had a brief telephone conversation where I informed them the product was a marine pollutant and was subject to an exception.

Marine Pollutant MarkThe question (01.09.17):

Daniel –

During our conversation, you said that the IMO and IATA laid out an exception for the product I sent you the SDS for, where as long as it’s in an inner packaging ≤ 5L, it isn’t regulated per IATA.
A) Did I understand you correctly (is that true)?
B) Where did you see that? I’m just looking over the SDS and can’t find anything that would have tipped you off to that information, and I would like to read that exception myself.
C) Is that exception (if it is as I understand it) for the raw material itself, or for the UN 3082 entirely?
Also, did that exception also remove the Ltd. Qty. ‘G’ limitation?
Thanks for your help.
My reply the same day:
Please see below:
  • USDOT, IMO, & IATA have an exception from regulation specific to Marine Pollutants if they are below 5 kg/5 L per package.
  • The exception is not referenced in the SDS.  It can be found as follows:
    • 49 CFR 171.4 of the USDOT HMR.
    • Special Provision A197 of the IATA DGR, referenced from 7.1.5.3.
    • 2.10.2.7 of the IMO Dangerous Goods Code.
  • The exception would apply to any substance that meets the criteria for a marine pollutant.  The exception only applies to it as a a marine pollutant and does not except it from any other regulations.  For example, if a marine pollutant is also a Class 3 Flammable Liquid, it may be subject to the above marine pollutant exception but would remain regulated as a Class 3 Flammable Liquid.
  • The marine pollutant exception has nothing to do with the limited quantity exception.  The ‘G’ in the Dangerous Goods List only applies if you are shipping the HazMat as a limited quantity.
I hope that helps.
Please don’t hesitate to contact me with any other questions.
Some follow-up from the customer:

Daniel –

Thank you so much for your thorough response.
Correct me if I’m wrong, but wouldn’t the Special Provision A197 supersede the Limited Quantity exception in regard to relief of shipping limitations? Basically, as long as we are following the Special Provision, and not shipping it Ltd. Qty., my understanding is that the special provision allows us to ship the product un-regulated, therefore not being subject to any gross weight limitations as long as it’s being shipped below 5kg/L. Is that true?
I just want to make sure that I’m interpreting all of this accurately before I make my case to UPS HazMat. 🙂
Thanks again for your patience with us on this.
My reply:

You are correct.  Sequence is:

  1. Classify to determine if HazMat/dangerous good.
  2. If yes, determine if exception applies.  In this case, both the marine pollutant exception and the limited quantity exception apply.
  3. Choose exception to use or ship as fully regulated HazMat.
  4. If shipping per marine pollutant exception, then material is not regulated (i.e. not HazMat/dangerous good) as long as you comply with the requirements of the exception.
  5. The gross package weight limits of the limited quantity exception only apply if you choose to use that exception.  You are not doing that in this case.
Please don’t hesitate to contact me with any other questions.

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Conclusion:
This exchange represents a common challenge of complying with the Hazardous Materials Regulations: that of taking things step-by-step in an orderly process.  As my last email to the customer details, there is a process to compliance.  An action taken out of sequence – even if a correct action – could lead to a non-compliance.  One thing I strive for in my training is not to simply tell trainees what to do but to show them how it is done, and more importantly, to have them perform the actions themselves.  Identifying hazardous materials by their proper shipping name in the hazardous materials table, determining the proper packaging including what – if any – packaging exception is available, applying the four hazard communication methods (labels, marks, shipping papers, and placards)…it all must be done in the proper sequence.
General Requirements and Provisions for the Transportation of Lithium Batteries

General Requirements and Provisions for the Transportation of Lithium Batteries

The transportation of a lithium cell or battery requires the shipper to ensure it meets certain standards of testing and production before its transportation in commerce can be considered. The purpose of this article is to identify and explain the general requirements applicable to all transportation of a lithium cell or battery.

The regulations this article seeks to explain can be found as follows (current as of August 2017):

  • The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the USDOT at 49 CFR 173.185(a).
  • The Dangerous Goods Regulations (58th Edition) of the International Air Transport Association (IATA) at 3.9.2.6.
  • The International Maritime Dangerous Goods Code (IMDG) at 2.9.4
  • Section 349 of Publication 52 of the United States Postal Service (USPS).

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Regulation:  Cell or Battery Proven to Meet UN Criteria:

Applicability:

  • PHMSA/USDOT:  yes
  • IATA:  yes
  • IMO:  yes
  • USPS:  yes.  USPS contains a specific reference to this requirement and blanket statement: “All packaging must meet all applicable requirements specified in 49 CFR 173.185.”

And…

  • All lithium cells and batteries regardless of lithium content or Watt-hour rating.
  • It is the responsibility of the shipper of the lithium cell or battery to ensure compliance with this regulation.

What it Requires:

  • Each cell or battery must be of a type proven to meet the criteria in part III, sub-section 38.3 of the UN (United Nations) Manual of Tests and Criteria.
  • Cells and batteries – including those that have been refurbished or otherwise altered – must meet the above-referenced UN criteria regardless of whether the cells used to construct the battery are composed of a tested type.
  • A battery or cell manufactured according to a type that meets the requirements of sub-section 38.3 of the UN Manual of Tests and Criteria, Revision 3, Amendment 1 or any subsequent revision and amendment applicable at the date of the testing may continue to be transported, unless otherwise provided in the regulations.
  • A battery or cell type that only meets the requirements of the UN Manual of Tests and Criteria, Revision 3, are no longer valid.  However, a battery or cell manufactured in conformity to the UN Manual of Tests and Criteria, Revision 3 before July 2003 may continue to be transported if all other applicable requirements have been met.

Comments:

  • It is the responsibility of the shipper to obtain confirmation from the battery manufacturer or supplier this requirement has been met.
Regulation:  Maintain a Record of Completion of Testing:

Applicability:

  • PHMSA/USDOT:  yes
  • IATA:  no
  • IMO:  no
  • USPS:  yes, “All packaging must meet all applicable requirements specified in 49 CFR 173.185.”

And…

  • All lithium cells and batteries regardless of lithium content or Watt-hour rating.
  • It is the responsibility of the manufacturer of the lithium cell or battery to ensure compliance with this regulation.

What it Requires:

  • Create a record of satisfactory completion of the required testing (i.e. the UN Manual of Tests and Criteria referred to above).
  • Maintain the record for as long as the lithium cell or battery design is offered for transportation and for one year thereafter.
  • Make the record available to an authorized representative of Federal, state, or local government upon request.

Comments:

  • This regulation – unique to PHMSA/USDOT and, by incorporation, USPS – specifically applies to the manufacturer of the cell or battery.

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Regulation:  Lithium Battery or Cell Design:

Applicability:

  • PHMSA/USDOT:  yes
  • IATA:  yes
  • IMO:  yes
  • USPS:  yes, “All packaging must meet all applicable requirements specified in 49 CFR 173.185.”

And…

  • This requirement does not apply to a lithium cell or battery subject to the “smaller lithium battery exception”.
  • It is the responsibility of the shipper of the lithium cell or battery to ensure compliance with this regulation.

What it Requires:

Each cell or battery must:

  • Incorporate a safety venting device or be designed to prevent a violent rupture under normal transportation conditions.
  • Be equipped with effective means of preventing external short circuits.
  • Be equipped with effective means of preventing dangerous reverse current flow (e.g. diodes or fuses).  This requirement is applicable solely to a battery that contains cells or a series of cells connected in parallel.

Comments:

  • Refer to this table for threshold lithium content for classification of a “smaller lithium battery”.
StatusLithium Ion Battery
(Watt-hour (Wh) Rating)		Lithium Metal Battery
(Lithium Content (g))
BatteryCellBatteryCell
Subject to "smaller battery exception"Does not exceed 100 WhDoes not exceed 20 WhDoes not exceed 2 gDoes not exceed 1 g
Subject to full regulationExceeds 100 WhExceeds 20 WhExceeds 2 gExceeds 1 g
Subject to "smaller battery exception" by highway or railDoes not exceed 300 WhDoes not exceed 60 WhDoes not exceed 25 gDoes not exceed 5 g
Regulation:  Manufactured Under a Quality Management Program:

Applicability:

  • PHMSA/USDOT:  no
  • IATA:  yes
  • IMO:  yes
  • USPS:  no, “All packaging must meet all applicable requirements specified in 49 CFR 173.185.”

And…

  • All lithium cells and batteries regardless of lithium content or Watt-hour rating.
  • It is the responsibility of the shipper of the lithium cell or battery to ensure compliance with this regulation.

What it Requires:

Lithium cell or battery must be manufactured under a quality management program that includes:

  1. A description of the organizational structure and responsibilities of personnel with regard to design and product quality.
  2. The relevant inspection and test, quality control, quality assurance and process operation instructions that will be used.
  3. Process controls that should include relevant activities to prevent and detect internal short circuit failure during manufacture of cells.
  4. Quality records, such as inspection reports, test data, calibration data and certificates.  Test data must be kept and made available to the appropriate national authority upon request.
  5. Management reviews to ensure the effective operation of the quality management program.
  6. A process for control of documents and their revision.
  7. A means for control of cells or batteries that are not conforming to the UN criteria (referred to earlier in this article).
  8. Training programs and qualification procedures for relevant personnel.
  9. Procedures to ensure that there is no damage to the final product.

Also…

  • An in-house quality management program may be accepted.
  • Third party certification of the quality management program is not required.
  • The procedures listed above (1 – 9) must be properly recorded and traceable.
  • A copy of the quality management program must be made available to the appropriate national authority (i.e. USDOT within the U.S.) upon request.

Comments:

  • Interestingly, there is no reference to the quality management program, or anything like it, in the Hazardous Materials Regulations of PHMSA/USDOT.
  • The reference in the last bullet point to “a copy of…” the quality management program implies that it be in the form of a document.
  • The requirements of the quality management program listed above (1 – 9) are almost verbatim as they appear in the dangerous goods regulations of IATA and IMO.  I could find no way to summarize them.

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There you have it!  As a shipper of lithium cells or batteries, don’t overlook the general requirements of the regulations and focus solely on the packaging requirements.  Compliance with these general requirements is what makes the safe transportation of lithium cells and batteries possible.

Quick Take: Determination of Packing Group for a Class 8 Corrosive

Quick Take: Determination of Packing Group for a Class 8 Corrosive

Whether shipping a hazardous material or dangerous good by highway, air, rail or vessel; whether transported internationally or within the U.S.; the shipper of a hazardous material is responsible for its classification.  This includes – among other things – determining the applicable hazard class – or division – and the packing group, if it has one.  This is a requirement of all three regulatory agencies that regulate the transportation in commerce of hazardous materials/dangerous goods:

  • The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation (USDOT).
  • The International Air Transport Association (IATA) whose regulations are based on those of the International Civil Aviation Administration (ICAO).
  • The International Maritime Organization (IMO).

The purpose of this article is to provide the regulatory standard for determining the packing group of a Class 8 Corrosive.

The good news is that all three regulatory agencies for the transport of hazardous materials use the same criteria for the classification of a Class 8 Corrosive.  This includes the determination of its packing group.  Unlike IATA and the IMO, however, PHMSA does not tabulate its data and instead requires the reader to find their way through some confusing text.  The table below can be seen in almost exactly this form in the regulations of IATA and the IMO and neatly clarifies those of PHMSA.

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Packing GroupExposure TimeObservation TimeEffect
I - Greatest DangerUp to but no more than 3 minutesUp to but no more than 60 minutesFull thickness destruction of intact skin
II - Moderate DangerMore than 3 minutes and up to but no more than 60 minutesUp to but no more than 14 daysFull thickness destruction of intact skin
III - Lowest DangerMore than 60 minutes and up to but no more than 4 hours Up to but no more than 14 daysFull thickness destruction of intact skin
III - Lowest DangerN/AN/ACorrosion rate on steel or aluminum more than 6.25 mm/year at test temperature of 55 degrees Celsius

Remember:  there are eight other hazard classes, some of them with their own criteria for determining the packing group.  Make certain you consider each of them and a lot more when you classify your HazMat/dangerous good prior to offering it for transportation.

Class 8 Corrosive PlacardsPlease don’t hesitate to contact me if you require any assistance in the classification of your hazardous material.

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Classification of Lithium Batteries for Transportation in Commerce

Classification of Lithium Batteries for Transportation in Commerce

Persons involved in the transportation in commerce of lithium batteries are subject to the regulations of at least one – or perhaps all – of the following regulatory agencies:

  • The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation (USDOT) for any transportation from, through, or to the United States.
  • The International Air Transport Association (IATA) for any transportation by air – international or domestic – if the carrier airline is a member of IATA.
  • The International Maritime Organization (IMO) for international transportation by vessel.
Note:

Though the dangerous goods regulations of IATA are not authorized for use within the U.S. by USDOT/PHMSA, compliance with its regulations is acceptable since the IATA DGR are based on the Technical Instructions of the International Civil Aviation Administration (ICAO) – and are more strict in some cases.  The ICAO Technical Instructions are authorized for use within the U.S. by USDOT/PHMSA.

Each of these regulatory agencies have very similar regulations applicable to the transportation of lithium batteries.  They each, thankfully, also have very similar – but not the same – requirements for the classification of lithium batteries.  The classification of a lithium battery for transportation requires knowledge of four things:

  1. Is it a cell or battery?
  2. The type of lithium cell / battery.
  3. Its packaging configuration.
  4. The amount of lithium in the cell / battery.
  5. Net weight of cell / battery in the package.
  6. Number of cell / battery in the package.
  7. Number of cell / battery in the consignment.
  8. The condition of the cell / battery.
  9. The mode of transport.
  10. Applicable regulations.

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The purpose of this article is to identify and explain the process of classifying lithium batteries for transportation by both domestic and international regulations. (more…)

Q&A: Using the Marine Pollutant Marking by Land and Water

Here’s a question someone posted to Hazmat101, a Yahoogroup on December 1, 2015:

To  compare notes.

  1. Are marine pollutant placards required on a truck that contains non-bulk packages on its way to the port per 49 CFR? What if the truck has placards for Flammable packages?
  2. Are marine pollutant placards required on a freight  container with non-bulk packages shipped by water from the continental  U.S. to Hawaii  under 49 CFR (not the IMDG code)? What if the freight containers has placards for Flammable packages?
  3. Are marine pollutant placards required on a freight  container with non-bulk packages shipped by water under  the IMDG code? What if the freight container has placards for Flammable packages?

Citations appreciated.

Thanks in advance.

My reply that day (I must have been in the office!):
  • Just a point of clarification, the Marine Pollutant marking is not a label nor a placard even if it is the size of one or the other.  It is a marking (49 CFR 172.322).
  • Marine Pollutant MarkingThe marine pollutant marking is not required on a vehicle that is transporting non-bulk packagings by highway since per 49 CFR 171.4 the hazardous material regulations do not apply to a Marine Pollutant transported by highway (or rail or air) in a non-bulk packaging.  It might be OK to display the Marine Pollutant marking on the vehicle even if it is not required, but I am not certain.  The presence of the Flammable Liquid placard does not impact display of the Marine Pollutant marking.
  • A non-bulk packaging of a Marine Pollutant shipped by vessel is subject to the hazardous material regulations and therefore the non-bulk packaging and the freight container must bear the Marine Pollutant marking.  Marine Pollutant marking is not required on some non-bulk packagings of less than or equal to 5 L or 5 Kg (172.322(d)), however, a freight container of non-bulk packagings that do not have the Marine Pollutant marking due to 49 CFR 172.322(d) will still need to be marked with a placard-sized Marine Pollutant marking on all four sides (172.322(c)).The presence of the Flammable Liquid placard does Marine Pollutant Marking and Class 3 Placardnot impact display of the Marine Pollutant marking.
  • IMDG code requirements are the same as USDOT/PHMSA.  Non-bulk packaging of 5 liters or less or 5 Kg or less need not display the Marine Pollutant marking (5.2.1.6).  However, the freight container they are packed in must display the Marine Pollutant marking (5.3.2.3).  The presence of the Flammable Liquid placard does not impact display of the Marine Pollutant marking.
I hope this helps.  Please don’t hesitate to contact me with any other questions.
Daniel Stoehr
Daniels Training Services

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Cargo tank truck with Class 9 placards and the Marine Pollutant markingAnd a post from someone else in the group that same day as well:
PC:
-The 49CFR never calls it a placard but in 49CFR 172.322(c) it talks about a truck being labeled with the marine pollutant mark.-49CFR 171.4 As long as you are on the road and not the water marine pollutants in non-bulk packaging don’t have to follow the rules for marine pollutants.-49CFR 172.322 has rules for Marine Pollutants.

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