The Hazardous Materials Regulations (HMR) of the USDOT/PHMSA require most packagings used for the transport in commerce of a hazardous material (HazMat) to meet a DOT specification or a UN standard.  Some HazMat are subject to a packaging exception and others – though fully regulated – are allowed to be transported in other forms of specification packaging, e.g., a packaging in compliance with a special permit; these do not require DOT specification or UN standard packaging.

Most shipments of HazMat, however, will require a DOT specification or UN standard packaging.  Those that are non-bulk packagings must be manufactured to a standard identified in 49 CFR 178, subpart L and be able to pass certain tests specified in §178, subpart M.  One of those required tests is the leakproofness test. (more…)

The Hazardous Materials Regulations (HMR) of USDOT/PHMSA require certain packagings (mostly single and composite packagings intended for the transport of liquid hazardous materials) to undergo a leakproofness test prior to use or reuse.

The requirements for the leakproofness test are found at 49 CFR 178.604.  §178.604(d) identifies the test method to use.  It also reads, “Other methods, at least equally effective, may be used in accordance with appendix B of this part.”  So, in addition to the method prescribed in §178.6o4, the leakproofness test methods of appendix B to part 178 are authorized.

What follows is a list of the alternative leakproofness test methods of Appendix B to Part 178.  For a more complete description, refer to the regulation.

• Helium test
• Pressure differential test
• Solution over seams
• Solution over partial seams test

A question from a recent customer (June 06, 2018):

Daniel,

Hope this finds you well. I am the warehouse manager at <<Company>>. I was wondering if you can clear something up for us. When placarding trucks if we have multiple hazard classes shipping and it is over 1000# we have to placard all the hazard classes correct? If you look at the attachment I believe we should’ve placarded both class 8 & 9. (A shipping paper was attached showing a consignment of more than 2,500 lb of various Class 8 Corrosive Materials, more than 3,000 lbs of a Class 9 Miscellaneous, 220 lb of a Class 3 Combustible Liquid, and some non-hazardous materials).  I have some that believe if one class is over the 1000# that is what gets placarded. Would you be kind enough to help clear this confusion.

My reply:

Thank you for contacting me.  Based on the available information I have made the following determination.  Please see below.

Sent May 05, 2018, all in uppercase so I knew he was serious.

TUESDAY I HAVE TO PICK UP 9,000 LBS OF CLASS 8 MATERIALS IN 200 BOXES ON 10 PALLETS PLUS 50 BAGS ON 2 PALLETS AT 1500 LBS OF CLASS 9 MARINE POLLUTANT MATERIALS.
DO I NEED A CORROSIVE PLACARDS WITH THE UN NUMBER ON THEM AND MARINE POLLUTANT PLACARDS FOR MY TRAILER?
I REFUSED THIS LOAD FRIDAY FOR THE LEAKING OF ONE BAG OF THE MARINE POLLUTANTS AND NO HAZMAT DOCUMENTS FOR THE CLASS 8 BOXES.

My reply the next day:

Thank you for contacting me.  I will answer your question below:

• The hazard class 8 Corrosive Material as described meets the following criteria:
  • 9,000 lbs in 200 boxes on 10 pallets.
  • Class 8 is listed in Table 2 at 49 CFR 172.504(e).
  • A quantity of more than 454 kg (1,001 lb).
  • Is in a non-bulk packaging.
• The vehicle must display the Class 8 placard on all four sides of the vehicle.
  • Display of placards
  • Visibility of placards
• However, it is not necessary to display the HazMat’s identification number (UN NUMBER) on the placard because both of the following are true for this consignment:
  • The HazMat is not in a bulk packaging. If in a bulk packaging it would be necessary to display the identification number on the vehicle.
  • It is not the only HazMat on the vehicle and is not more than 4,000 kg (8,820 lb). Read: Vehicle Marking Requirements for Large Quantities of a Single Hazardous Materials in Non-Bulk Packagings
• The marine pollutant as described meets the following criteria:
  • 1,500 lbs in 50 bags on 2 pallets.
  • It is a marine pollutant.
  • It is a Class 9 Miscellaneous.
• It is not necessary to display either the Class 9 placard or the marine pollutant mark.
  • When is the marine pollutant mark not required?
  • Is the Class 9 Placard  Required?
  • FYI: though it has the same dimensions and visibility requirements as a placard, the identification of a marine pollutant is a mark, not a placard.

• You were correct to reject the original consignment due to damaged packaging and lack of hazardous material shipping paper.  Per 49 CFR 177.801:

No person may accept for transportation or transport by motor vehicle a forbidden material or hazardous material that is not prepared in accordance with the requirements of this subchapter.

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

That must have done it because I didn’t hear from him after that.

This e-mail was sent from a contact form on Daniels Training Services (https://danielstraining.com) on December 05, 2019

Hello,

I am trying to name a chemical for transport. It has a flashpoint of 81 C. It is not a US DOT marine pollutant, but it is an IMDG marine pollutant. We ship in both bulk and non-bulk packaging, both domestically and internationally. I believe the US DOT name would be NA1993, combustible liquids, n.o.s. (name), 3, III -is that correct?

I am having a hard time with the IATA and IMDG name. Would those still be the NA1993? I know that NA1993 isn’t recognized internationally, so I am little confused as how this should be named. Any help you can provide with the naming would be greatly appreciated!!

My reply December 10th:

Thank you for contacting me.  I apologize for my delay. I will review and reply.  Please advise on the below.

Date: May 10, 2018

Subject: Corrosive example for placarding on the website

Message Body:

UN 3264, Waste Corrosive Liquid, Acidic, Inorganic, n.o.s  (Hydrochloric Acid, Hydrogen Peroxide), 8, II – 6 x 55 gallon drums @ 600 lb/drum = 3,600 lbs
UN1760, Waste Corrosive Liquid, n.o.s. (Nitric Acid, Hydrofluoric Acid), 8, II – 1 x 350 gallon bulk packaging = 350 lbs

So two corrosive 8 placards with both UN numbers is required in this example. What would be required if there were no bulk items?

My reply the next day:

Thank you for contacting me.  Please see below.

• Two separate Class 8 Corrosive placards must be displayed on all four sides of the vehicle.
• The identification number 3264 is not required to be displayed on a Class 8 placard since the HazMat is not in a bulk packaging and it is not the sole HazMat in the vehicle.
  • Read: What is a bulk packaging?
  • Read: Display of Identification Number on Vehicle Carrying Large Quantity of Single HazMat in non-bulk packaging
  • Read: When not to Display the Identification Number on a Vehicle
• The identification number 1760 is required on a Class 8 placard since the HazMat is in a bulk packaging.
• If no bulk items then one Class 8 Corrosive placard per side with no identification number would suffice.

I hope this helps.

Please contact me with any other questions.

It took awhile, but on May 23rd he still had questions:

Thanks for the answer but I’m still confused. (when must an identification number not be included on a hazardous material placard) it says “the solution is to display each applicable identification number in one of the following manners”. “on separate placards of the same hazard class”. In your response you say the identification number isn’t “required” for 3264. Wouldn’t it be prohibited to put the 3264 number on the placard since it is not bulk and does not cover the entire load? Can I use a placard with the 3264 and one with 1760 or MUST I use a plain corrosive 8 placard with a 1760 placard?

I tried to clarify:

I will try to clarify.

• Vehicle must display two Class 8 Corrosive placards on all four sides.
• One of the placards on each side must display the identification number 1760. It represents the Class 8 Corrosive in a bulk packaging.
• The other Class 8 placard must not display an identification number. It’s purpose is to represent the non-bulk quantity of Class 8 Corrosive (UN2364).

Please contact me if you have any other questions.

Daniels Training Services, Inc. 815.821.1550                     Info@DanielsTraining.com https://danielstraining.com/

That must have done it.

The requirements for display of placards on a vehicle can be complicated.  Having to also display the HazMat’s identification number on or near the placard can complicate things further.  Whether you transport a HazMat (carrier) or offer for transport (shipper) you must determine what placards and/or identification numbers are required to be displayed on the vehicle and then either offer them to the driver (responsibility of the shipper) or display them properly on the vehicle (responsibility of the carrier).

A question. May 11, 2018:

Mr. Stoehr,

My name is <<Redacted>>, and let me start by telling you that I have been enjoying your blogs and various compliance articles for years now. I stumbled across your page years ago searching for some RCRA info and I’ve had it bookmarked ever since. I’ve never taken one of your classes, but your articles are some of the best I’ve ever seen. You have a real talent for writing, and you make complex regulatory content very digestible. Thank you for all that you do.

I have a question for you, and before I ask it, I’ll understand if you can’t just answer it outright. If there’s a fee involved, I’m more than happy to pay it. Your knowledge and time are worth money.

Now on to my question:

I had a customer recently ask if there are any DOT rules that prohibit putting the ERG# in the full DOT shipping name, and I told him that based on my understanding, the rules in 49 CFR 172.202 don’t prevent you from including additional information (like the ERG number), as long as it appears after the USDOT Description in its proper sequence. I was discussing this with a colleague of mine and he told me that he thought IATA regulations actually require the ERG in the shipping name. I don’t have a copy of the IATA rules, but I’d like to have this assertion confirmed (just for my own academic curiosity). I don’t work in the IATA sphere at all, but I’d like to at least get that question put to bed.

Thanks for your time and let me know if this is something you can answer.

Me: *BLUSH* and a reply on May 14, 2018:

I have an answer for you.

• There is nothing in the IATA Dangerous Goods Regulations that mandates the inclusion of the ERG # with the shipping description on the Shipper’s Declaration for Dangerous Goods.
• As a matter of fact, none of the emergency information required by USDOT/PHMSA is required by IATA. However, per USDOT state variation USG-12, the emergency phone number and emergency information is required for any shipment of HazMat transported from, to, or through the U.S.
  • FYI: State (i.e., a country like Brazil or China) and operator variations are included in Section 2 of the IATA Dangerous Goods Regulations.  These variations must be complied with and are subject to enforcement by USDOT just like the rest of the Dangerous Goods Regulations.
• IATA does allow for additional information in the description (like emergency information) if it does not detract from the communication of the hazard.

I hope this helps.

Please contact me with any other questions.

That seemed to do it (05.14.18):

Thank you sir! You’ve been most helpful!

Thanks again for what you do. Like I said before, your website and blog are the absolute best there is.

A question from someone who had recently attended one of my USDOT/PHMSA HazMat Employee Training Webinars (05.17.18):

Hi Daniel!

We have a product in totes (Product Name part A, ###A) which is a DOT HazMat class 9 (UN: NA3082, PG III, liquid) with an RQ of 11,111 lbs. In Section 14 of the SDS it states: “When in individual containers of less than the Product RQ, this material ships as non-regulated” – I’m not sure what this means. The product is shipped in totes/IBC (each approx. 3300 lbs – 330 gal) with about 4-6 per load.

My question is: does a semi truck trailer need to be placarded (class 9) when shipping about 4-6 totes (total max ~22,000 lbs; in bulk and >1,001 lbs)? According to your USDOT/PHMSA HazMat Employee training webinar I recently attended, placarding is required for any materials from Table 2 in bulk package (>119 gal) or >1,001 lbs. Also, on page 3 of the DOT Chart 16 (handout) it states for CLASS 9: “(Placarding) Not required for domestic transportation”.

Could you clarify this? No need to elaborate much, I’m just looking for the quick answer. The confusing part is the SDS statement…. and Chart 16.

Thank you very much!!

A quick reply based on the available information:

Please see below.

• Section 14 of the SDS cannot be relied upon for a hazmat classification. Read: Section 14 of the SDS, can it help with your HazMat Classification?
• I am not aware of any hazardous substance with a reportable quantity (RQ) of 11,111 lbs. I believe the max RQ is 5,000 lbs.
• It would be helpful to know the constituent in the product that is a hazardous substance. Can you provide an SDS for the product?
• I won’t know for certain without seeing the SDS but I am confident the statement in section 14 is indicating that the material is not regulated as a HazMat unless it is a RQ of a hazardous substance.
• If I knew the name of the HazMat and its concentration in the solution, I could determine if an RQ of a hazardous substance is present.
• The Class 9 Miscellaneous placard is not required within the U.S.

I think a quick review of the SDS would indicate if a hazmat or not.

He was able to provide additional information:

Here is page 1 and page 10 of the SDS. Sorry for the poor quality of the image.

Thanks again!

• Text from section 14 SDS reads:  “Additional Transportation Information: When in individual containers of less than the product RQ, this materials ships as non-regulated.”
• The hazardous substance component of the product was 4,4′-diphenylmethane Diisocyanate (MDI).  It has a RQ of 5,000 lb.
• The information provided did not identify the concentration of MDI in the product.
• As noted in the previous email, it is not required to display the Class 9 Miscellaneous placard in the U.S.

My reply:

Please see below. My response is based on the information provided.

• Do not rely on section 14 of this SDS. In this SDS it contains several errors.  Unfortunately, this is not uncommon in my experience.
• The product is only a hazardous substance if at a concentration of 10% or more in the solution and has a mass of 5,000 lbs (454 kg) or more in a single container. This is not possible in a single IBC of 3,300 lbs.
• It does not appear to be a HazMat for any other reason that I can determine. However, it may contain other HazMat I am not aware from the information provided.

He sought confirmation:

No need to placard trucks transporting this material then. Thanks for the clarification.

My final answer with a suggestion:

No, however, I do think this deserves more research. In my experience at least one of the two parts of a resin system are a HazMat.

Conclusion:

But that was the last I heard from him on that topic.

Question (April 13, 2018):

Hi Daniel,

I had a quick question about the DOT Registration requirement (Subpart G).

If a SQG of HW ships their waste (e.g. 3 drums >1001 lbs -needs placard) with Safety Kleen, the SQG needs to be registered?

Thanks

My answer that same day:

In the situation you describe, registration will be required. The hazardous waste generator status of the shipper is not a factor when determining if registration with PHMSA is necessary.

Please read: Have you Registered with PHMSA as a shipper of HazMat?

Thank you and please contact me with any other questions.

Conclusion:

So that was easy.  Please see below for some information on things left unsaid in that brief Q&A.

• The customer asked about “DOT” but I answered as “PHMSA”; what gives?  The Pipeline and Hazardous Material Safety Administration (PHMSA) is one of thirteen (13) administrations within the U.S. Department of Transportation (DOT). PHMSA is responsible for ensuring the safe and secure movement of hazardous materials by all modes of transportation: highway, rail, vessel, aircraft. It therefore has overlapping authority with other administrations and bureaus within the DOT such as: Federal Aviation Administration (FAA), Federal Railroad Administration (FRA), Federal Motor Carrier Safety Administration (FMCSA), and others. Its authority may also overlap with the US Coast Guard. Note: while the Coast Guard is no longer a part of the DOT, it operates under a memorandum of understanding to enforce DOT regulations for transportation by vessel.  In casual conversation it’s OK to refer to USDOT regulations but if we’re trying to be precise we must use PHMSA or USDOT/PHMSA.
• SQG?  This is a small quantity generator of hazardous waste.  A SQG generates more than 100 kg (220 lb) per month of hazardous waste but must not generate more than 1,000 kg (2,200 lb) per month.  Under USEPA’s hazardous waste regulations a SQG is subject to a moderate level of regulation, between that of a large quantity generator (LQG) and the very small quantity generator (VSQG).

If you are a generator of a hazardous waste subject to USEPA and state regulations you are likely also to be a shipper of hazardous materials (USEPA hazardous waste is one type of hazardous material) subject to USDOT/PHMSA regulations for its off-site transportation.

A question from a repeat customer on June 8, 2017.  (I’m frequently contacted by customers in the interim between their periodic training to answer questions).

Hi Dan,

I hope this finds you doing well.

During the training session back in April, there was a question raised about “do we need to apply a placard to IBCs or can we use the 4” x 4” labels”.  I cannot remember what the answer to this question was.

We ship a number of IBCs of class 8 material not only domestically but also via ocean and today we place a class 8 placard on opposing sides of the IBC.  Is this required or can we use the smaller 4” x 4” class 8 label?

Thanks for the help.

Best regards,

My reply that same day:

Thank you for contacting me.