Exception from Full Regulation

Q&A: Segregation of Limited Quantities

A question from a customer of my ONSITE TRAINING on October 15th, 2015:

Hey Daniel,

I just had a quick question regarding limited quantities.  If I have 2 different hazmat items that normally could not be shipped together per the shipping regs but one qualifies under the limited quantities provision then are they able to be shipped together?  The way I interpret the regulations is that if an item is being shipped as a limited quantity it no longer has to be segregated due to the amount since we are also not having to label it as the hazardous material.

Thank you for your input.

(10.15.15)  I was certain he was right about the segregation requirements for a Limited Quantity but I wanted a little more information:

What mode of transportation?  What is the HazMat?

I believe you are right, but I’d like a little more information to be certain.
Dan
And the next day (10.16.15) I got it:

Hey Dan,

So the items are being shipped via ocean.  The 2 hazmat items that I am wanting to put on the same pallet are Nitric Acid(UN2031) and a limited quantity of Silver Nitrate (UN1493).  They will be in their own boxes but on the same pallet.

The International Maritime Organization

The International Maritime Organization regulates the international transportation of dangerous goods by vessel.

Thanks,

With that information I replied with “The Big Answer” on October 17th:

Sorry for the delay, I hope I’m not too late, but my answer confirms yours:

  • Nitric Acid UN2031 may not be shipped as a limited quantity or any other exception under the HMR.
  • Silver Nitrate UN1493 may be shipped as a limited quantity according to 49 CFR 173.152.
  • Interestingly, there is no mention in 49 CFR 173.152 of a limited quantity not being subject to the HazMat segregation requirements.
  • However, 49 CFR 176.80(b) contains an exception for limited quantities from the segregation requirements of the HMR.
  • Nitric Acid UN2031 may or may not be shipped as a limited quantity per the IMDG Code depending on its concentration.
  • Silver Nitrate UN1493 may be shipped as a limited quantity per the IMDG Code.
  • Per 3.4.4.2 of the IMDG Code, the segregation provisions of chapter 7.2 do not apply to packagings of limited quantities.
Therefore, I believe you are correct that the Silver Nitrate UN1493 as a limited quantity is not subject to the segregation requirements of the HMR or the IMDG Code.  However, Nitric Acid UN2031 may not be shipped as a limited quantity within the U.S. (though it may outside of the U.S in some situations) and will be subject to the segregation requirements of the HMR and the IMDG Code.
Non-bulk packaging of HazMat - Limited Quantity

The Limited Quantity marking

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

His final reply:
Thanks.  I’m only shipping the Silver Nitrate as the limited quantity with the acid which will be classified as hazardous.
Conclusion/Summary:
Notice from my answer on the 17th that I first determined compliance with the domestic regulations of PHMSA and then those of the International Maritime Organization in the IMDG Code.  The transportation to, from, or through the U.S. is subject to the Hazardous Material Regulations of PHMSA.  If it will also be shipped internationally – in this case on a vessel – then it will be subject to international regulations as well.  Here, the regulations of both PHMSA and the IMO were similar but that may not always be the case.

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

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

It’s not uncommon that person who have received my Onsite Training follow-up with questions once they begin to apply the information from the training on their job.

Contact me to schedule Onsite Training required by the International Maritime Organization (IMO) every three years, the International Air Transport Association (IATA) every two years, or the Pipeline and Hazardous Materials Safety Administration (PHMSA) every three years.

Q&A: How can I ship cosmetics as a Class 3 Flammable Liquid?

A question from someone who found – and liked – my blog on June 26, 2015:

Dear Daniel,

I hope this message finds you well. I found your website online and I find it very helpful and educational. I haven’t found any other websites that explain HazMat transportation as simple as you do.

I checked your blog to see if you wrote about cosmetics and how they’re regulated by transportation, but I didn’t see posts about it. I was wondering if you can help me with my inquiry:

I would like to clarify how consumer skincare products that contain ethanol, other than perfumes or nail polish, are regulated for transportation if they have the following parameters:

  • Product type = liquid containing a mixture of ingredients, including denatured alcohol (at 25% w/w).
  • Product is considered flammable per flashpoint results.
  • Product is distributed and sold at retail outlets.
  • The product is packaged two ways:
    • Saturated pad (presoaked pad) individually packed in packettes (inner packaging).
      • Packettes are packed in multiple count in a paper carton (outer packaging).
    • Saturated pad (presoaked pad) multiple packed in jar container (inner packaging).
      • Jars are packed in a paper canister (outer packaging).

Would this product be unregulated for transportation (both air and ground) purposes given the way it’s packaged? I know that if it’s non bulk and bulk packaged in its liquid state – it will be regulated if it surpasses to a certain amount.

Thank you in advance for your help.

My reply, later that day (6.26.15):

That is a good question. I believe I have an answer for you.

If you have a Flammable Liquid as defined at 49 CFR 173.120, then you must ship it according to the Hazardous Material Regulations of the PHMSA/USDOT. However, the HMR contain exceptions to the burden of full regulation and what you describe above is – I believe – subject to one of those exceptions.

Found at 49 CFR 173.150(g), it reads in part:
(g) Limited quantities of retail products containing ethyl alcohol. (1) Beverages, food, cosmetics and medicines, medical screening solutions, and concentrates sold as retail products containing ethyl alcohol classed as a flammable liquid or flammable solid containing not more than 70% ethyl alcohol by volume for liquids, by weight for solids are excepted from the HMR provided that:

(i) For non-glass inner packagings:

(A) The volume does not exceed 16 fluid ounces in capacity for liquids; or

(B) For volumes greater than 16 fluid ounces but not exceeding 1 gallon the company name and the words “Contains Ethyl Alcohol” are marked on the package;

(C) Solids containing ethyl alcohol may be packaged in non-glass inner packagings not exceeding 1 pounds capacity;

(D) For weight greater than one pound up to 8 pounds the company name and the words “Contains Ethyl Alcohol” are marked on the package.

(ii) For glass inner packagings:

(A) The volume does not exceed 8 fluid ounces in capacity; or

(B) For volumes greater than 8 fluid ounces to 16 fluid ounces the company name and the words “Contains Ethyl Alcohol” are marked on the package;

(C) Solids containing ethyl alcohol may be packaged in glass inner packagings not exceeding 1⁄2 pound;

(D) For weight greater than 1⁄2 pound up to 1 pound the company name and the words “Contains Ethyl Alcohol” are marked on the package.

(iii) The net liquid contents of all inner packagings in any single outer packaging may not exceed 192 fluid ounces. The net solid contents of all inner packagings in any single outer packaging may not exceed 32 pounds. The gross weight of any single outer package shipped may not exceed 65 pounds; Inner packagings must secured and cushioned within the outer package to prevent breakage, leakage, and movement.

In sum, a Class 3 Flammable Liquid is not subject to the HMR of the PHMSA/USDOT when transported within the U.S. if it complies with the following. (shipments by air will probably require compliance with IATA which may differ but I believe will contain a similar exception):

  • Meets definition of a Limited Quantity (no more than 66 pounds gross weight for outer package, and a few other requirements).
  • A beverage, food, cosmetics, and medicines…
    Sold as retail products.
  • Contain ethyl alcohol (aka Ethanol).
  • No more than 70% ethyl alcohol.
  • Meet limits for volume of inner packaging based on the container type (glass v. other, liquid v. solid).
  • Meet volume and weight limits of paragraph (iii).

Given the information you provided and my brief review of the HMR, I believe that you will be able to ship this material in a manner that is not subject to the full HMR. However, you will need to meet certain packaging requirements.

Also, as indicated earlier, the Dangerous Goods Regulations of the International Air Transportation Association (IATA) may differ from PHMSA/USDOT.  Learn more about ICAO/IATA dangerous goods regulations.

If you wish for a professionally researched opinion on this topic I can assist you under my Consulting Services.

Please don’t hesitate to contact me with any questions.

Dan
815.821.1550

The inquisitor’s response took a little while (August 6, 2015), but that was OK, I wasn’t in any rush:

Dear Daniel,

My sincere apologies for the late response and thank you so much for your help on this matter. This information was very helpful to me.

On another note, I’d like to inquire about your webinar offerings. I see that you offer one to Hazmat and Hazardous Waste Personnel, but I’m wondering if you have any specialized ones for regulatory personnel who’s more on the admin side and does not directly handle hazmat materials or work in a manufacturing environment.

Thank you for your help.

I’m happy to provide information about my training services any time, so on August 7th I replied:

Thank you for your reply.

Please contact me if you have any questions about my Webinar Training.

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

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Thank you very much and please don’t hesitate to contact me with any questions.

49 CFR 173.6 – The Materials of Trade Exception

Shipment of Empty HazMat Packagings and the Need for HazMat Labels, Placards, Markings, & etc.

49 CFR 173.29 contains the PHMSA/USDOT regulations for the transportation of empty packagings that last contained hazardous materials.  As a shipper of hazardous materials you must be aware of §173.29(a) which states that an empty packaging with the residue of a hazardous material will be regulated the same as a full container:

Except as otherwise provided in this section, an empty packaging containing only the residue of a hazardous material shall be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material.

There are several methods to avoid full regulation under the HMR when transporting an empty packaging, one of them is detailed in §173.29(b)(2)(ii).  It allows for the transportation of empty packagings not subject to the HMR if the packaging:

Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard;

In addition to cleaning and purging vapors, any material remaining in the packaging can not meet the definitions in §171.8 for a:

  • Hazardous substance,
  • Hazardous waste, or;
  • Marine pollutant.

If this is accomplished you still must comply with §173.29(b)(1) which requires you to complete one of the following:

  • Any hazardous material shipping name and identification number markings, any hazard warning labels or placards, and any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) are removed, obliterated, or securely covered in transportation.
  • The preceding hazard communication methods may remain if the packaging is not visible in transportation and the packaging is loaded by the shipper and unloaded by the shipper or consignee (ie. the receiver of the empty packagings).

So, if the packagings are truly empty to where none of the HazMat remains you are required to either remove all indications of a hazardous material or ensure that the hazard communication methods in use are visible to no one but the shipper and the receiver.

What if the hazard communication methods remain on an empty packaging (cleaned of residue and purged of vapors per §173.29(b)(2)(ii) and are visible in transportation to someone other than the shipper or receiver?

That would be a violation of  §173.29 & §171.2(k) which reads:

No person may, by marking or otherwise, represent that a hazardous material is present in a package, container, motor vehicle, rail car, aircraft, or vessel if the hazardous material is not present.

You know the regulations are complicated when even the shipment of an empty packaging has so many restrictions and requirements.  If you ship empty packagings of hazardous materials, then it is certain that at least some of your employees are HazMat Employees and require the triennial training that I provide.  Contact me for a free HazMat Employee or RCRA training consultation.

“Emptying” a Hazardous Material Packaging

In the Hazardous Material Regulations (HMR) at 49 CFR 173.29(a) you learn that as far as the PHMSA/USDOT is concerned, the transportation in commerce of an “empty” packaging that still contains the residue of a hazardous material is subject to the same regulations as when it was full.

Except as otherwise provided in this section, an empty packaging containing only the residue of a hazardous material shall be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material.

The regulation also identifies an exception to full regulation under the HMR for “empty” packagings with hazardous material residue and identifies the standards to be met in order for a packaging to be considered free of any hazard and therefore not subject to any of the HMR. (more…)

What is the Small Quantity Exception to the HMR?

The transportation of a hazardous material (HazMat) is subject to the Hazardous Material Regulations (HMR) of the PHMSA/USDOT.  This includes but is not limited to the following:

  • Classification of the HazMat.
  • Selection and use of specification packaging.
  • Application of the four hazard communication methods.
  • HazMat Incident Reporting.
  • Load securement and segregation.
  • Registration as a shipper or carrier of HazMat.
  • Training of HazMat Employees.

However, exceptions to the HMR exist; their purpose is to allow the safe transportation in commerce of certain hazardous materials without the full regulatory burden.  These exceptions, however, come with requirements of their own which you must be aware of if you are to make use of them.  One of these exceptions to the HMR, the Small Quantity Exception, will be explained in this article.

(more…)

Authorization for use of ORM-D Classification (Consumer Commodity) Extended to end of 2020!

Announced January 7, 2013 in the Federal Register and effective January 1, 2013, the PHMSA of the US Department of Transportation granted the request of the American Coatings Association (ACA) to extend the authorization for use of the ORM-D classification and the use of the “Consumer Commodity, ORM-D” marking on packages transported by highway, rail, and vessel through the end of 2020!

The use of the ORM-D classification and the Consumer Commodity Exception was originally proposed by the PHMSA to be phased out on the following schedule:

  • January 1, 2013:  End use of ORM-D classification and Consumer Commodity Exception for transportation by air.  Instead use internationally-accepted Limited Quantity Exception and Marking.  This regulation remains in effect.
  • January 1, 2014:  End use of ORM-D classification and Consumer Commodity Exception for transportation by all other modes of transportation (highway, rail, vessel).  Instead use internationally-accepted Limited Quantity Exception and Marking.  This date has now been extended to January 1, 2021.

The news of this extension came as a surprise to me since I understood that the proposed extension was only to be through 2015!  The extension in this Final Rule is a lot longer and should be a great relief to those who ship hazardous materials that meet the definition of consumer commodities.

In the amendments to the Final Rule the PHMSA also:

  • Authorized the continued use of the square-on-point and ID number for limited quantity markings until January 1, 2015.
  • Exempted Limited Quantity shipments from reporting requirements under 49 CFR Part 171.
  • Authorized Limited Quantity material to be transported as Materials of Trade.

This represents a significant modification of a proposed regulation and will have a great impact on industries that ship Consumer Commodities (think of the hazardous chemicals on store shelves, them).  In subsequent articles I will explain more in depth the scope of these changes and how they will affect your operations.  For now, I refer you to the ACA website and an article by Heidi Mcauliffe.

For more information:

I now must modify my HazMat Employee training presentation in order to reflect these changes.  Attending my Public Training Seminar or arranging for Onsite Training is a good way for you to stay on top of changes like these and others that are coming down the pike.

What is the Consumer Commodity Exception to the Hazardous Material Regulations?

A substance or material that the US DOT has determined is capable of posing an unreasonable risk to health, safety, and property will be regulated as a Hazardous Material when offered for transportation or transported in commerce.  Some Hazardous Materials are granted an exception from full regulation under the Hazardous Materials Regulations (HMR) if the US DOT believes that under certain specified combinations of packaging, quantity, or form it poses a low enough risk to preclude the need for full regulation.  One example of such an exception is the Consumer Commodity Exception.

The Consumer Commodity Exception is designed to allow for the transportation in commerce of hazardous materials:  bleach, drain cleaners, solvents, aerosols, etc. in small packagings (Limited Quantities) as long as those materials are, or similar to, the consumer products you see on retail store shelves.  The process to determining if a hazardous material may be shipped as a Consumer Commodity involves several steps, they are briefly outlined below:

  1. The hazardous material must first be eligible for the Limited Quantity Exception; the applicability of the Limited Quantity Exception is indicated in Column 8A of the Hazardous Materials Table @ 49 CFR 172.101 for each entry.  If it is available, Column 8A will reference the Section of Part 173 of Title 49 CFR that includes the requirements for shipping the hazardous material as a Limited Quantity.  An example of a hazardous material that may not use the Limited Quantity Exception is:  Iron Pentacarbonyl; one that may is:  Isobutyl Acetate (refer to §173.150 for more information on shipping this HazMat as a Limited Quantity).
  2. In the example of Isobutyl Acetate in the Hazardous Materials Table, a shipper will need to comply with all the requirements of §173.150 in order to ship the HazMat in compliance with the Limited Quantity Exception.
  3. If the Limited Quantity Exception is available and it also meets the definition of a Consumer Commodity you may then change its shipping name to Consumer Commodity and its hazard class to ORM-D.  A Consumer Commodity is defined at §171.8:

Consumer commodity means a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. This term also includes drugs and medicines.

The Hazardous Materials Table entry for a Consumer Commodity looks like this:

Symbols

Hazardous materials descriptions and proper shipping names

Hazard class or Division

ID#

PG

Label Codes

Special Provisions (§ 172.102)

(8)

Packaging (§ 173.***)

Exceptions

Non-bulk

Bulk

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8A)

(8B)

(8C)

D

Consumer commodity

ORM-D

None

156, 306

156, 306

None

Benefits to use of the Consumer Commodity Exception include:

  • No placards.
  • No shipping papers.
  • No labels.
  • Strong outer packaging acceptable instead of specification packaging.
  • No marking, other than ORM-D or ORM-D Air as applicable.

 

 

Unfortunately, the Consumer Commodity Exception and the ORM-D hazard class are not acceptable for international shipments of hazardous materials.  In order to bring our regulations into alignment with the rest of the world, the US DOT is currently phasing out ORM-D and the Consumer Commodity Exception and replacing it with a revised Limited Quantity Exception on the following schedule.

  • ORM-D-Air not acceptable for use after 12.31.12.
  • ORM-D not acceptable for use after 12.31.13.  US DOT has proposed extending this deadline to 12.31.15.
READ HERE HOW USE OF THE CONSUMER COMMODITY EXCEPTION HAS BEEN EXTENDED UNTIL THE END OF 2020.

I recently conducted on-site training for a facility that manufactured and shipped Consumer Commodities.  This change to the regulations had a significant impact on their business, but with training and a productive Q & A session, I feel confident I left them with a path forward thr0ugh this revision to the regulations.  Contact me and let me know how this change to the HMR will affect your operations and if you have any questions for me.

What is an Other Regulated Material (ORM-D)?

49 CFR 171.8 reads, “ORM means other regulated material. See §173.144 of this subchapter.”  That’s not much to go on but it’s a start.  §173.144 defines an ORM-D as:

Until December 31, 2013 and for the purposes of this subchapter, “ORM-D material” means a material such as a consumer commodity, cartridges, small arms or cartridges, power devices which, although otherwise subject to the regulations of this subchapter, presents a limited hazard during transportation due to its form, quantity and packaging. It must be a material for which exceptions are provided in Column (8A) of the § 172.101 Hazardous Materials Table.

Editors Note:  Though originally slated to expire December 31, 2013, the phase-out date for the ORM-D hazard class and the Consumer Commodity exception has now been extended until December 31, 2020.
Read:  Authorization for use of the ORM-D classification and the Consumer Commodity Exception extended through 2020!
Consumer Commodity ORM-D Label

Though it’s days are numbered, you may still see this marking on store shelves

So, §171.8 refers to all ORM, but §173.144 is specific to just ORM-D.  It is left unsaid that there used to be five different divisions to the ORM hazard class:  ORM-A through ORM-E.  Of these five, only ORM-D remains, and its time is limited; thus the inclusion of “Until December 31, 2013…” in the definition.

For now, we’ll continue to focus on the definition of ORM-D, we’ll come back to “Until December 31, 2013…” later.  The above definition is found in Subpart D of Part 173 – Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7.  Notice then that ORM-D is a type of Hazard Class, similar to Class 3 – Flammable and Combustible Liquid and Class 8 – Corrosive Material.  And, contrary to what you’ve been told, the “D” in ORM-D does not stand for Domestic.  It merely distinguishes it from the other ORM’s that used to exist.

Per the definition, an ORM-D is a hazardous material that normally would be subject to all the requirements of the Hazardous Material Regulations (HMR) but due to its (1) form, (2) quantity, and (3) packaging presents a limited risk in transportation.  All three of those conditions must be met for a HazMat to be re-classed as an ORM-D.

Hazardous Materials that are applicable to be re-classed as an ORM-D are limited to the following:

  • Consumer Commodity.
  • Cartridges, small arms.
  • Cartridges, power devices.

In addition to the above list, the ORM-D exception is available only if a section of  Part 173 is referenced in Column 8A of the Hazardous Materials Table (49 CFR 172.101).  For example, the Hazardous Material Table entries for the above ORM-D’s reads:

So, to learn the packaging exceptions available for a Consumer Commodity classed as an ORM-D, you refer to 49 CFR 173.156 or §173.306 (the sections of Part 173 referenced in column 8A of the Hazardous Materials Table).  For Cartridges, Power Devices and Cartridges, Small Arms, you refer to §173.63.

Benefits to the re-classification of a hazardous material as an ORM-D include:

  • No placards.
  • No labels unless shipped by air.
  • No shipping paper unless shipped by air or vessel.
  • No packing group or identification number.
  • Specification packaging not required as long as applicable packaging requirements are met.

The biggest drawback to using the ORM-D Hazard Class is that it is not recognized by international regulations.  To address this the US DOT is in the middle of a phase out of the Consumer Commodity Exception and the ORM-D hazard class.

Editors Note:  Though originally slated to expire December 31, 2013, the phase-out date for the ORM-D hazard class and the Consumer Commodity exception has now been extended until December 31, 2020.
Read:  Authorization for use of the ORM-D classification and the Consumer Commodity Exception extended through 2020!

The HMR is always changing, and no one will let you know of the changes until it is too late.  Stay on top of these changes by attending my Seminar Training, scheduling Onsite Training, or attending a Webinar.  It will bring you into compliance and inform you of what you need to do to stay in compliance in the future.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Former and Present Other Regulated Materials (ORM)

Currently, and only until December 31, 2013 when it will cease to exist (unless an extension requested by US DOT to December 31, 2015 is granted), there is only one category of Other Regulated Material.  In the distant past (known as “The 90’s”) however, there were five of them:  ORM-A through ORM-E.  What remains today is the one known as Other Regulated Material-D or ORM-D.

The definition of ORM at 49 CFR 171.8 identifies it as an Other Regulated Material and refers to §173.144 (see below) which goes on to define solely the ORM-D; no reference is made to the other types of ORM.  While they no longer impact the Hazardous Material Regulations, an understanding of the history the HMR does help to develop a full appreciation of the existing regulations.  To fulfill your curiosity the full list of Other Regulated Materials – both past and present – are identified below:

  • ORM-A means a material which has an anesthetic, irritating, noxious, toxic, or other similar property.  It is regulated due to concern that a release during transportation could cause extreme annoyance to passengers and crew of transport vehicles.  No longer in use.
  • ORM-B means a material, including a solid when wet with water, that could cause significant damage to the transportation vehicle if it were to leak during transportation. An ORM-B material (no longer in use) is:
    1. Specifically designated by name in §172.101, and/or;
    2. A liquid that has a corrosin rate exceeding 0.250 inch per year (IPY) on non-clad aluminum.
  • ORM-C means a material which has other inherent characteristics not described as an ORM-A or ORM-B, but which make it unsuitable for shipment, unless properly identified and prepared for transportation.  ORM-C materials are specifically designated by name at §172.101.  No longer in use.
  • ORM-D in use at least until December 31, 2013 and defined at §173.144 means a material such as a consumer commodity, cartridges, small arms or cartridges, power devices which, although otherwise subject to the regulations of this subchapter, presents a limited hazard during transportation due to its form, quantity and packaging.  It must be a material for which exceptions are provided in Column (8A) of the §172.101 Hazardous Materials Table.
  • ORM-E means a material that is not included in any other hazard class but is subject to the requirements of this subchapter.  Materials in this class (no longer in use) include:
    1. Hazardous Waste, and;
    2. Hazardous Substances.

The list above is more of a historical record than an identification of current regulations since all but the ORM-D have been eliminated and it will be no more within a few more years.  The Hazardous Material Regulations (HMR) of the US DOT are always changing, and it is your responsibility to stay on top of them, my training will help you to do that.  Contact me with questions about the HMR or the Hazardous Waste regulations of the US EPA.