Q&A: My HazMat packagings have been emptied and rinsed. Are they OK to ship as non-HazMat?

Question (03.17.21):

Hi Daniel,

We have a customer who wants to ship empty containers to a container cleaning center. The totes and drums are empty and have been rinsed. Those containers had hazmat materials, can they cover up the labels and ship them ?

Regards,

Answer (03.17.21):

Thank you for contacting me. Please see below.

There are two options for the transport of these packagings in compliance with the Hazardous Materials Regulations (HMR) of USDOT/PHMSA:

Option 1: No Hazard

The transportation of a packaging is not subject to the HMR under the following conditions:
- It is unused.
- It has been cleaned of residue and purged of vapor to remove any potential hazard.
- It has been refilled with non-HazMat so no hazard remains.
Under any of the above conditions the packaging is excepted from the HMR and may be transported as non-HazMat if the following is done:
- All hazard communication (labels, marks, etc.) indicating the packaging contains a hazardous material are removed, obliterated, or securely covered.

Or…

- The packaging is not visible during its transportation and it is loaded by the shipper and unloaded by the receiver or shipper.

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Option 2: The Empty Packaging Exception

If any HazMat residue remains the packagings may still be transported under the empty packaging exception. Compliance with the empty packaging exception requires the following:
- It is a non-bulk packaging with a maximum capacity of no more than 450 L (119 gal).
- It meets the USEPA criteria for RCRA empty with no more than 2.5 cm (1 in) of residue.
- It is a HazMat found in Placard Table 2 at 49 CFR 172.504(e).
- Transportation is by a private or contract motor carrier. Transportation by a common carrier is not eligible for the full empty packaging exception.
If the consignment is eligible for the full empty packaging exception, compliance requires the following:
- It is not required to display placards on the vehicle.
- It is not required for the shipper to prepare a shipping paper.
- Package marks and labels are required to be displayed on the packaging the same as if it is full.
- All other requirements of the HMR remain, e.g., HazMat Employee training.
If the consignment is eligible only for the partial empty packaging exception, compliance requires the following:
- It is not required to display placards on the vehicle.
- The shipper must prepare and sign a shipping paper that describes the consignment as a hazardous material.
- Package marks and labels are required to be displayed on the packaging the same as if it is full.
- All other requirements of the HMR remain, e.g., HazMat Employee training.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

You indicate the packagings are empty and have been rinsed. The question to be answered is this:

Have they been emptied and rinsed to remove any potential hazard?

If yes, then the packagings may be offered for transportation as described in Option 1.
If no, then either the full or partial empty packaging exception described in Option 2 is available.

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

That did it!:

Hi Daniel,

Thanks for the information and the links, this really helps.

Q&A: Is the transport of government HazMat by a private company on a public road (within a college campus) subject to USDOT Regulations?

Question (12.08.20):

Hi Daniel,

I enjoy reading your articles, find them concise and easy to interpret. I was reading your piece on the government employee exemption, and wanted to get your opinion on something. Since the word “commerce” seems to be an operative word here, would you consider the transportation of hazmat by a non-government company on public roads from one university building to another “in commerce”? The materials are not being sold, but rather just moved to a new building so the old one can be renovated. I assume that since we would be giving money to the vendor to transport the hazmat, even if it is just ½ mile up the road, that this would be considered in commerce, but just wanted to check with someone else. I know we could transport them with our university vehicles without complying, but we just don’t have the manpower right now. I appreciate your input on this, thanks again,

Kind Regards,

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

My answer:

Thank you for contacting me. Please see below.

The transport of HazMat by a private company for a government agency is considered to be “in commerce” and therefore subject to all USDOT regulations.

It is not eligible for the Government Employee Exemption.

You are correct that a you may transport some HazMat yourself as a private motor carrier for a non-transportation related business under the Materials of Trade Exception.

That seems to answer your question.

Please let me know if you have any other questions.

After a pause of almost three months, he provided an update on March 02, 2021:

And just an update as far as this goes. I spoke with USDOT/PHMSA about this some, and what I understand is acceptable, which we plan on doing, is having our local university police temporarily block off access to the public road that the vendor would use to transport chemicals from one building to the next to get around DOT regs. It is about ¼ a mile, so not far at all. The difference in price for packing to DOT vs. just using best management practices is huge. We decided to contract this out rather than use our university vehicles to transport, which we could obviously do without DOT if we wanted. All happening in September or October, and can let you know how it all goes down. Take care,

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And my confirmation:

Correct, per 49 CFR 171.1(d)(4) movement by motor vehicle is not subject to the HazMat Regulations if access to the public road is restricted by signals, lights, gates, or similar controls.

Q&A: Do I display the HazMat’s identification number on the limited quantity sticker?

Question (11.23.21):

Hi Daniel,
I saw your video on YouTube and had a couple questions I was hoping you could answer for me. Regarding Limited Quantities, does the UN number get written on the Limited Quantities sticker?

Answer (11.23.21):

Thank you for contacting me. Please see below.

No. the ID# for a HazMat is never displayed on the limited quantity mark. Nothing may be displayed on the limited quantity mark.
The ID# is not displayed anywhere on a package of a limited quantity unless it is to be transported by air.
The only required marks and labels on a limited quantity by highway, rail, or vessel is the following:
- The limited quantity mark.
- Orientation arrows (displayed on two opposite vertical sides) if the HazMat is a liquid.

: Hazard communication required for limited quantity by air.

: Hazard communication required for limited quantity by highway, rail, or vessel.

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

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Conclusion:

Exceptions to the HazMat transportation regulations – such as the limited quantity exception – provide an opportunity for shippers of HazMat to save time and money when offering HazMat for transportation. However, care must be taken to ensure compliance with the requirements of the exception. My HazMat Employee training focuses on this and other packaging exceptions if applicable to your operations. Just let me know what you need and I will include it in your training.

Q&A: What can I do with the combustible liquid exception?

From a previous Onsite Training customer on January 30, 2018:

Good morning Daniel,

Hate to bother you but if you can find just a moment, our folks are making some changes to our labeling program and wanted me to confirm some information regarding the combustible liquid exception. Specifically –

Small quantities – correct that they are not subject to any hazmat regs? Is this true even if they are not in combo packaging?
Drum quantities – diamond required on drum (‘Combustible – 3’)?
If small quantity containers and drums are marked with our standard product label, which includes DOT shipping information and HMIS marking, do they need to also display the diamond?

Again, sorry to bother you but I wanted to be positive! Thanks for any guidance!

My reply that same day:

Thank you for contacting me. Please see below.

If your hazmat meets all of the requirements for a combustible liquid you may then take advantage of the combustible liquid exception.
A non-bulk packaging (capacity of no more than 119 gallons) of a combustible liquid – meeting all other requirements of the exception – is not subject to USDOT regulations. I assume this is what you mean by “small quantities”. The type of packaging, i.e., combination, single, composite… does not matter as long as it is non-bulk packaging and all other requirements of the exception are met.
A drum quantity (55 gallons) is still a non-bulk packaging and is not subject to USDOT regulations if all of the conditions of the combustible liquid exception are met. The HazMat label “diamond…” is not required if the combustible liquid exception is used.
If you are taking advantage of the combustible liquid exception the non-bulk packaging should not display any of the USDOT hazard marks or labels. HMIS or GHS hazard communication required by OSHA may still remain. The hazard communication requirements of OSHA do not impact USDOT regulations.

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

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Another satisfied customer:

Thanks again Daniel, I really appreciate all the information.

And one more thing…

Under the combustible liquid exception a bulk packaging does not enjoy full relief from regulation as does the non-bulk packaging, but on advantage is this: A DOT specification packaging is not required for a bulk packaging of a combustible liquid.

Combustible liquid in non-specification bulk packaging

A combustible liquid in a non-DOT specification bulk packaging

It is an option to display the white-bottomed placard for transport of combustible liquid by highway. It is required for rail transport. Read: The White Bottom Placard for Combustible Liquids

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Q&A: Can this HazMat be transported under the Small Quantity Exception?

A question from a customer and reader of my blogs (06.22.20):

Deal Mr. Daniel,

How are you? There was long time no contact, I believe you are doing well.

Recently i am reading your article: “Determining Authorized Packaging for the Transportation of a Hazardous Material”

If a item to be shipped within US domestically by FX Ground, which is UN2925, class 4.1 (8), packing group II, and it can fully satisfy all the requirements of Small Quantity in §173.4, 49 CFR, but it is shown “None” in the field of column 8A, §172.101 Hazardous Materials Table, 49CFR.

Can this item be offered as small quantity packaging by FX Ground? Based on §172.101(i)(1) Column 8A , “None” in Column 8A means no packaging exceptions are authorized, except as may be provided by special provisions in Column 7. The referenced exceptions are in addition to those specified in subpart A of part 173 (which includes Small Quantity in §173.4) and elsewhere in this subchapter.

Best Regards,

My reply at the end of the week (06.26.20):

Thank you for contacting me. I apologize for my delay. Please see below.

According to 49 CFR 172.101(h)(1), “None” in column 8A means no packaging exceptions are authorized unless provided by special provisions in column 7.
“None” is present in column 8A of the Hazardous Materials Table for this HazMat (UN2925, Flammable solids, corrosive, organic, n.o.s. 4.1 (8), PG II).
There are no special provision codes in column 7 of the Hazardous Materials Table that change the conditions of column 8A.
49 CFR 173.4 identifies hazardous materials of division 4.1 Flammable Solid as authorized for use of the the small quantity exception.
However, nothing I can see changes the conditions imposed by the “None” in column 8A. No. I don’t think this HazMat is eligible for transport under the small quantity exception.
Read: What is the small quantity exception?

I hope this helps. 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

Daniels Training Services, Inc.

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Conclusion:

I prefer my answers to be good news for those that contact me and inform them they may transport a HazMat in the manner they wish. That was not the case here. However, it’s better they comply with the regulations than use a packaging exception for which they are not eligible. Make certain your hazardous materials classification is correct before you offer a hazardous material for transportation. Contact me for the USDOT HazMat Employee training that will teach how to get it done.

Q&A: Can I self-transport lithium batteries for disposal?

A phone call and email on May 11, 2020:

Hi Daniel,

We talked for a few minutes today about the regulations for transporting lithium batteries for disposal. Just as a reminder, I asked if our company would be required to follow the DOT packaging and labeling requirements if we are picking up batteries at various facilities within our company and then transporting them to a recycling/disposal site ourselves.

Thanks for your time and your help!

My reply that same day:

Please see below.

I presume the operations you refer to are subject to the regulations of USEPA, USDOT, & your state. They may not be.
- There is an exclusion from regulation from USEPA regulations for Household Waste. Your state will likely have a similar exclusion.
- USDOT/PHMSA regulations only apply to the transportation “in commerce” of a hazardous material. “In commerce” means the transport is by or for a business.
- USDOT/PHMSA regulations also apply when the transportation is on a public road. The regulations are not applicable if transportation is solely within your facility, e.g., a wide-spread campus with its own road system (not public roads).
USEPA and likely your state regulate spent lithium batteries as a universal waste.
- The generator of a universal waste is allowed by USEPA to self-transport their universal waste for consolidation (between sites) and to disposal / recycling.
USDOT allows a private shipper to transport its own HazMat (including lithium batteries as a universal waste) with minimal regulations under the Materials of Trade exception.

Contact me with any questions you may have about the transportation of lithium batteries by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

By complying with the minimal regulations of USEPA, your state, and USDOT, you can easily self-transport lithium batteries – and other HazMat – for consolidation and disposal.

I hope this helps. Please don’t hesitate to contact me with any other questions.

USDOT Notice of Enforcement Discretion for the Manufacturing of Packaging Designs Beyond Periodic Retesting Dates

The Bullet:

Due to the COVID-19 public health emergency, USDOT/PHMSA issued a notice of enforcement discretion for the continued manufacturing of United Nations (UN) Performance Oriented Packaging used in the transportation of hazardous materials (HazMat) which have exceeded their periodic retesting dates. USDOT/PHMSA is providing temporary relief from enforcement action if packaging manufacturers are unable to conduct periodic design qualification retesting within 90-days of a retest date due to COVID-19 operational disruptions.

See the Notice of Enforcement Discretion for the Continued Manufacturing of Performance Oriented Packaging Designs Exceeding Their Periodic Retesting Date for more details.

Who:

William S. Schoonover / Associate Administrator for Hazardous Materials Safety
The agency: the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
The affected: manufacturers of United Nations Performance Oriented Packaging.

What does the HMR require?

The Hazardous Materials Regulations (HMR, 49 CFR Parts 171-180) prescribe that UN Performance Oriented Packaging design types be subjected to periodic retesting every twelve (12) to twenty-four (24) months, depending on the design type (see §178.601(e), §178.801(e), §178.955(e), and §178.1035(e)).
Periodic design testing is required to recertify the design type for continued production of a UN Performance Oriented Packaging.

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What is the relief?

PHMSA gives notice that it will not take enforcement action against any company that continues to manufacture a UN Performance Oriented Packaging conforming to a tested design that is not more than 90 days beyond its periodic retest date.
The relief applies to manufacturers of:
- Non-bulk packagings.
- Intermediate bulk containers (IBCs).
- Large packagings.
- Flexible bulk containers.
This relief only applies to designs tested and certified for Packing Group (PG) II (Y-marked) or PG III (Z-marked) hazardous materials. PG I (X-marked) designs are not eligible for this enforcement discretion.

: This packaging is performance code “Y” for PG II & III

: This packaging is performance code “Z” for PG III only

All production tests required under the HMR must still be met during the manufacturing process. As such, relief from production testing is not being granted. For example, the requirements in §178.604 and §178.813 for leakproofness testing of non-bulk packages and IBCs continue to apply.
The following packaging types are eligible for relief from the periodic retest requirement:
- UN Specification non-bulk packagings manufactured in accordance with part 178, subpart L and M to PG II and III performance standards.
- UN Specification IBCs manufactured in accordance with part 178, subpart N and O to PG II and III performance standards.
- UN Specification large packagings manufactured in accordance with part 178, subpart P and Q to PG II and III performance standards.
- UN Specification flexible bulk containers manufactured in accordance with part 178, subpart R and S.
To qualify for this enforcement discretion, a manufacturer must document the reasons why compliance is not possible prior to manufacturing packagings which are not more than 90 days beyond the required periodic retesting date.
The packaging manufacturer must maintain a copy of the document stating why compliance is not possible and the most recent test report (design qualification or periodic retest, as appropriate) until the packaging is again successfully retested.
USDOT/PHMSA expects manufacturers to complete missing tests in a timely manner as soon as testing capability is regained.
No other relief from HMR requirements (e.g., production leakproofness testing) is provided in this notice.

Where:

This relief applies to manufacturers of UN Performance Oriented Packaging regardless of whether they are domestic (within U.S.) or foreign (manufactured outside of U.S.).

Note: UN standard packaging manufactured outside the U.S. is an authorized packaging subject to the conditions and limitations of §173.24(d)(2).

When:

Photo by Martin Sanchez on Unsplash

Date of issuance: April 20, 2020.
This Notice of Enforcement Discretion is effective while the Department of Health and Human Services (HHS) January 31, 2020, determination that a public health emergency pursuant to Section 319 of the Public Health Service Act related to COVID-191 is in effect (see: https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx), or 90 days from the date of issuance of this Notice (July 19, 2020), whichever is sooner.
UPDATE: July 09, 2020 USDOT/PHMSA announced an extension of this enforcement discretion until October 31, 2020. Read: Notice of Extension of Enforcement Discretion Regarding Continued Manufacturing of Performance Oriented Packaging (POP) Designs that have Exceeded Their Periodic Retesting Date

Why:

Due to the Coronavirus Disease 2019 (COVID-19) public health emergency, the USDOT/PHMSA) has received several inquiries from members of the regulated community requesting an extension of periodic retest date requirements for packaging used in the transportation of hazardous materials.
Industry stakeholders state that, absent an extension of these periods, continued manufacturing of packagings that conform to tested designs would be inhibited, and a shortage of available UN Specification packagings may develop.
Non-bulk packaging design types such as drums, jerricans, pails, IBCs, large packagings, and flexible bulk containers are subject to frequent quality control testing in production to verify conformance with design specifications. Additionally, all liquid-rated non-bulk packagings and IBCs as well as IBCs intended to be discharged under pressure are subjected to production leakproofness testing in accordance with HMR requirements prior to filling.

Note:

Centers for Disease Control and Prevention (CDC) recommends consumers use an alcohol-based hand sanitizer that contains at least 60% ethanol or 70% isopropanol.

How:

USDOT/PHMSA’s mission is to protect people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives. To do this, the agency establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents.
This document is a temporary notice of enforcement discretion. Regulated entities may rely on this notice as a safeguard from departmental enforcement as described herein. To the extent this notice includes guidance on how regulated entities may comply with existing regulations, it does not have the force and effect of law and is not meant to bind the regulated entities in any way.

Conclusion:

As the COVID-19 public health emergency continues to affect the world’s economy through its manufacturing and transportation industries (and many others), USDOT/PHMSA and other U.S. regulatory agencies will continue to offer reliefs of this kind. Refer to my blog for other instances of regulatory relief offered by USDOT/PHMSA and USEPA.

Notice as well that this relief came after petitioning by “industry stakeholders”; ‘the squeaky wheel gets the grease!” If you find your industry hindered by compliance with the HMR during the COVID-19 public health emergency, be sure to ask USDOT/PHMSA for relief.