Can the following hazardous materials (HazMat) be transported by company employees in a company vehicle on a public road (for business purposes, natch)?
Q&A: Can I stack IBCs if empty but containing HazMat residue?
A question back on April o2, 2018:
I know ibc totes can be stacked but not recommend when full ( flammable), so can they be double stack when empty and still be labeled ( flammable)? I’ve read that totes have to be cleaned and labels removed can you please clarify, my safety director says that they can even when labeled empty w/flammable labels still on them. Thanks Your feedback will be appreciated.
My reply:
That’s a tough question to answer because it combines the regulations of the USDOT/PHMSA (with which I am familiar) with those of OSHA (with which I am not familiar). Please see below.
Per USDOT/PHMSA Hazardous Materials Regulations at 49 CFR 173.703(a)(1)(vii) each IBC must be marked with its stacking test load in kilograms. If an IBC is not designed for stacking, the figure of zero “0” must be displayed.
Also, per 49 CFR 178.703(b)(7), an IBC manufactured, repaired, or remanufactured after January 01, 2011 must display a symbol indicating if it is designed for stacking or not designed for stacking.
This symbol indicates an IBC designed for stacking
Unless the IBC has been cleaned of all hazards and had all labels and marks removed it must be managed “empty” the same as when it was full so the stacking load limits would still apply.
The above regulations only apply to the IBCs when they are in transportation, being prepared for transportation, or being loaded or unloaded. There may be regulations of OSHA that limit their stacking aside from the regulations of the USDOT.
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
This Q&A displays a common occurrence in HazMat transportation: people assume they know the regulations or rely on the assumptions of others instead of using the HMR themselves as the determination of compliance. Make certain that your compliance is based on the Hazardous Materials Regulations of USDOT/PHMSA and not what you’ve “heard” or what others have told you. Just one of the requirements of the HMR is that you provide initial and triennial HazMat Employee training.
FAQ: May the address of the consignee or consignor marked on a package be a PO Box?
The Hazardous Materials Regulations of the USDOT/PHMSA require the person who offers a hazardous material for transport (i.e., the shipper) to mark the package with the name and address of either the consignor or consignee except in certain specified circumstances. You can read all about this general marking requirement of 49 CFR 172.301(d) here: The Name of the Consignor or Consignee as a Marking on a HazMat Packaging.
When required, is it acceptable for the address to be a post office box instead of a physical address?
Yes.
This USDOT/PHMSA letter of interpretation makes it clear: 03-0156.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Q&A: What hazard communication is required when transporting lithium batteries by highway?
Question (March 07, 2018):
Good day sir!
I am hauling 43,000 lbs of lithium ions UN3480 from NC to CA as truck driver. Are placards and proper shipping papers with emergency numbers required?
Thank you in advance.
Lily M.
My reply that same day:
I can answer your question but I will need more information.
Are the batteries being shipped for recycling or disposal?
Are the batteries contained in equipment? Packed with (but not in) equipment? Or, are they packed alone?
What is the Watt-hour rating for the batteries? If you do not know this, can you describe the batteries? Are they small round (button cell) batteries? If you do not know this, can you tell me what the batteries are meant to power: a mobile phone, lap top computer, something else?
How are the batteries packaged?
His reply to my request for more information:
Q1: Are the batteries being shipped for recycling or disposal?
A1: I believe they are going recycling because we are coming from company called recycling
Q2: Are the batteries contained in equipment? Packed with (but not in) equipment? Or, are they packed alone?
A2: I am not sure of this question but they are in boxes.
Q3: What is the Watt-hour rating for the batteries? If you do not know this, can you describe the batteries?
A3: Description says nonferrous, lcd monitor
Q4: Are they small round (button cell) batteries? If you do not know this, can you tell me what the batteries are meant to power: a mobile phone, lap top computer, something else?
A4: Looks like it is for laptop or computer.
Q5: How are the batteries packaged?
A5: In boxes wrapped and secured low on ground.
Thks
Lily
I decided to answer his question the best I could based on the available information:
Thank you for providing that information. I do not yet have all of the information I would like to have but I think I can make the following determination:
The shipment is excepted from most of the USDOT regulations if it meets the requirements of the packaging exception for lithium batteries sent for recycling or disposal. Requirements of the exception include, but are not limited to, the following:
Please note: this exchange took place prior to a new rule issued by USDOT/PHMSA for the transport of lithium batteries on March 6, 2019. As of that date this package must also display a package mark or label indicating the package is forbidden for transport by passenger aircraft. Read about the new rule here: New USDOT Regulations for the Transport of Lithium Batteries
If packaged as indicated above, the following is not required:
Other package labels or marks.
Placards on the truck.
HazMat shipping paper.
Emergency information.
HazMat Employee training for driver.
HazMat endorsement on CDL.
Please note: The above is my best determination based on the information available. More information may result in a different determination.
I hope this helps. Please don’t hesitate to contact me with any other questions.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
Yes sir. The shipper said no need to have all the paperwork done as HM and placard. Our company said we do. So you can see why were unsure what to do.
We just got pulled into weigh station for inspection and DOT officer saw the BOL acknowledging that we were hauling batteries. I am happy to report that we passed the inspection and report was noted that we are not carrying HM load.
So thank you very much for your help as you have helped clarified some things.
Have a great day sir! Sincerely, Lily
Conclusion:
As you can see, the regulations for the transportation of lithium batteries is complicated – and changing all the time! The way you transported or offered for transport lithium batteries in 2018 is not compliant in 2019. You can expect the regulations – domestic and international – to keep changing.
A good way to stay on top of the changes is to subscribe to my monthly newsletter, schedule Onsite or Webinar training, and contact me with questions like Lily M did.
Q&A: When transporting IBCs, must the identification number be displayed on the vehicle?
Question (March 03, 2018):
Sir, my company routinely ships HazMat totes 275-over 300 gallons that have UN numbered placards on two sides on freight trailers that are placarded that don’t have the UN number, like the kind used for packaged HazMat.
But,,,I remember from HazMat class at previous jobs that if there’s a UN number on the tote, it’s a bulk container and needs bulk placards with that UN number on all four sides of the truck.
Is this correct..?,, because this is the case often in freight companies, even the supervisors don’t know.
They say that no where does it say it’s illegal to use standard placards for bulk container transportation.
Note: An image of an intermediate bulk container (IBC) was included as an attachment to the email. A Class 3 Flammable Liquid placard with the identification number of (UN)1170 was visible on one side.
My reply (March 05, 2018):
Thank you for contacting me. Please see below.
The packaging you describe and the image shown is an intermediate bulk container (IBC).
The Hazardous Materials Regulations allow for many options for the display of labels, placards, and package marks on an IBC of this size. Read: HazMat Labels, Placards, and Marks on an IBC. However, in one form or another the identification number must be displayed on the IBC.
Per 49 CFR 172.331(c) when a bulk packaging like an IBC is contained in or on a transport vehicle the identification number marking on the IBC must be visible or the transport vehicle must be marked with the identification number on each side and each end.
Per 49 CFR 172.332, the identification number mark on a transport vehicle may be displayed in one of three ways:
On the placard (172.332(c)).
On an orange panel near the placard (172.332(b)).
On a white square-on-point near the placard (172.336(b)).
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
Daniel,,,,,,,, Thank You very much for the info. I forwarded this to my terminal manager.
You would be surprised to know how many freight drivers (City and shuttle drivers) do not follow the hazMat regs.
I have worked in fuel and oil jobs in the past. But in many cases Freight Companies hire drivers with zero HazMat experience and the company does not provide any HazMat training.
Well, maybe on paper, but not in actuality.
Conclusion:
Beware the things that “everyone knows to be true” about the Hazardous Materials Regulations (HMR) of USDOT/PHMSA. Sometimes what everybody knows turns out to be wrong. The correct answer can only be found in the HMR. You – or your employees – may contact me directly to get the answers to these questions or you could get your questions answered and fulfill the training requirements of the HMR by attending my HazMat Employee training.
The Transportation of Hazardous Materials as Reverse Logistics
The Hazardous Materials Regulations (HMR) of the USDOT/PHMSA applies to the transportation in commerce of all hazardous materials (HazMat) to, from, or through the U.S. As a rule these regulations apply equally to all HazMat. However, sometimes USDOT/PHMSA provides for an exception from full regulation if a shipper of HazMat can meet certain conditions. One such exception is the one allowing for the transportation in commerce of hazardous materials under the reverse logistics exception.
Understanding the reverse logistics exception requires knowledge of three distinct regulations in the HMR:
The limited quantity section of a HazMat’s packaging exceptions (if it exists) in 49 CFR Part 173. Here some – not all – HazMat are explicitly authorized for reverse logistics transportation.
The definition of reverse logistics at §171.8.
The general requirements and exceptions for reverse logistics at §173.157.
This article will identify the reverse logistics exception and describe how it can be used to reduce a shipper’s responsibilities under the HMR.
It might be a good idea to understand some terms used in the HMR and this article.
A shipper of a HazMat is the person / business / government agency that prepares the HazMat for transportation and/or makes the HazMat available to the carrier. It’s a lot more complicated than that (read: Who is the Shipper When Transporting HazMat?) but that will do for moving forward. Also, it is possible for a consignment of a HazMat to have more than one shipper (LOI 18-0076).
Hazardous waste is defined at §171.8: Hazardous waste, for the purposes of this chapter, means any material that is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262. In regular language it means any hazardous waste regulated by the USEPA and generated by a large quantity generator or small quantity generator.
Special permit is also defined at §171.8. It allows both shippers and carriers to transport HazMat in a way not allowed by the HMR. Special permits have their own conditions, restrictions, & limitations that a holder of the special permit must comply.
Special permit means a document issued by the Associate Administrator, the Associate Administrator’s designee, or as otherwise prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapter A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing requirements).
Private carrier – despite its use in the HMR – is not clearly defined. This interpretation letter (02-0259, at the bottom of the first page) identifies it as a carrier who, “transports its own property for the purposes of sale, lease, or ‘in furtherance of any commercial enterprise.'” So, a private carrier transports its own HazMat for its own business.
A non-private carrier is any carrier not meeting the definition of the private carrier. Any carrier transporting HazMat it doesn’t own for another party will be a non-private carrier. A non-private carrier includes a contract carrier and a common carrier.
Limited quantity is defined at §171.8: Limited quantity, when specified as such in a section applicable to a particular material, means the maximum amount of a hazardous material for which there is a specific labeling or packaging exception. A full explanation requires a separate article, but a limited quantity is a packaging exception to full regulation under the HMR. Many – but not all – HazMat are authorized for the limited quantity exception.
Scope and Applicability Part 1: Conditions
The reverse logistics exception is authorized under the following conditions:
For highway transport by motor vehicle only.
It may be used solely within the U.S. Regulations of the International Air Transport Association (IATA) and the International Maritime Organization (IMO) do not include the reverse logistics exception.
The HazMat and its transport must meet the definition of reverse logistics at §171.8 (see later in this article).
Hazardous waste is not authorized for the reverse logistics exception.
HazMat subject to a special permit must be transported subject to the conditions of that special permit.
HazMat must meet the quantity limits and packaging requirements for a limited quantity.
When the HazMat is transported by a non-private carrier it must – in addition to meeting the requirements of a limited quantity – be explicitly authorized for reverse logistics under their applicable limited quantity section (see later in this article).
Certain HazMat transported by a private carrier are subject to distinct requirements as reverse logistics (see later in this article).
Scope and Applicability Part 2: What’s in?
The following HazMat are authorized to use the reverse logistics exception:
The following shipping descriptions:
Cartridges, small arms
Cartridges, power device
Cartridge for tools, blank
Cases, cartridge, empty with primer
The following Class 1 Explosives:
Division 1.4G materials
Division 1.4G or 1.4S fireworks
Division 1.4G ammunition
Division 1.4G or 1.4S flares
Limited quantities of compressed gases of Division 2.1 Flammable Gas and Division 2.2 Non-Flammable Gas
Class 3 Flammable Liquids
Division 4.1 Flammable Solids – except for self-reactive materials
The following HazMat are not authorized to use the reverse logistics exception:
Most Class 1 Explosives- except those noted in Part 2.
Division 2.3 Poisonous (aka: Toxic) Gas
Self-reactive materials in Division 4.1 Flammable Solids
Division 4.2 Spontaneously Combustible
Division 5.2 Organic Peroxide
Division 6.2 Infectious Substances
Class 7 Radioactive
Lithium batteries in Class 9 Miscellaneous
What is Reverse Logistics?
The term is defined at §171.8:
Reverse logistics means the process of offering for transport or transporting by motor vehicle goods from a retail store for return to its manufacturer, supplier, or distribution facility for the purpose of capturing value (e.g., to receive manufacturer’s credit), recall, replacement, recycling, or similar reason. This definition does not include materials that meet the definition of a hazardous waste as defined in this section.
Note the following regarding the above definition:
Transport must be from a retail store.
Transport must be to one of the following:
The manufacturer of the HazMat.
The supplier of the HazMat.
A distribution facility.
The transport must be a return for one of the following purposes:
Capturing value, e.g., to receive manufacturer’s credit.
As part of a recall.
For replacement.
For recycling. Note: If transported for disposal – such as landfill – instead of recycling, it is more likely to be subject to USEPA regulations as a hazardous waste and therefore not authorized for the reverse logistics exception.
Or similar reason.
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Transported by a non-Private Carrier (§173.157(b)):
To be authorized for transport by a non-private carrier as reverse logistics, a HazMat must be both of the following:
Authorized for limited quantity provisions.
Explicitly authorized for reverse logistics under their applicable limited quantity section.
Look for the explicit authorizations in the following sections:
§173.63(d) for Class 1 Explosives
§173.306(m) for Class 2 Gases
§173.150(i) for Class 3 Flammable Liquids
§173.151(f) for Flammable Solids
§173.152(d) for Division 5.1 Oxidizers
§173.153(d) for Division 6.1 Infectious Substances
§173.154(e) for Class 8 Corrosive Material
§173.155(d) for Class 9 Miscellaneous
A HazMat authorized for the reverse logistics exception in this manner must – except for alternative training provisions (discussed later in this article) – be transported as a limited quantity. This includes:
Inner packaging packed in strong outer packaging to make a combination packaging.
Limits on the net quantity of the inner packaging(s).
Gross package weight limit of 30 kg (66 lb).
Display of the limited quantity mark on outer package as per §172.315(a).
No other hazard communication except orientation arrows if inner packagings contain liquids.
HazMat Transported by a Private Carrier (§173.157(c)):
Certain HazMat – identified below – transported by a private carrier have two options for their management under the reverse logistics exception:
Transport subject to §173.157(b): as a limited quantity plus the alternative training provisions of §173.157(e).
Transport subject to specific limitations identified in §173.157(c) and described below.
Class 1 Explosives (§173.157(c)(1,2)):
Division 1.4G consumer fireworks may be transported according to the packaging exception at §173.65 and the following:
The segregation requirements of §177.848.
The incident reporting requirements of §171.15.
The option for hazard communication at §173.157(d).
The training provisions for reverse logistics at §173.157(e).
When sold in retail facilities, the following Class 1 Explosives are authorized:
Division 1.4G or 1.4S fireworks
Division 1.4G ammunition
Division 1.4G or 1.4S flares
The above authorized HazMat are subject to the following:
Limited to 30 kg (66 lb) gross package weight. The regulation does not identify this as a gross package weight limit. However, conversation with USDOT/PHMSA indicated a gross package weight is presumed similar to the limited quantity exception.
Explosives subject to an approval must continue to meet the terms of that approval, including packaging.
And…
The segregation requirements of §177.848.
The incident reporting requirements of §171.15.
The option for hazard communication at §173.157(d).
The training provisions for reverse logistics at §173.157(e).
Q: May Division 1.4G fireworks at a retail facility be returned to the supplier as reverse logistics in the original packaging?
A: Yes. As long as the packaging used to transport fireworks as reverse logistics meets the terms of the original approval. In this situation, the package must only display the limited quantity mark or the reverse logistics mark as described in §173.157(d). If present, the original 1.4G label, proper shipping name and identification number must not be visible. (LOI 16-0057, Q/A 2 & 3)
Equipment Powered by Class 3 Flammable Liquid (§173.157(c)(3)(i)):
Equipment powered by an internal combustion engine using a Class 3 Flammable Liquid as fuel is authorized under these regulations and subject to the following:
Fuel tank and fuel lines must be in closed position.
All fuel tank caps or closures must be securely in place.
And…
The segregation requirements of §177.848.
The incident reporting requirements of §171.15.
The option for hazard communication at §173.157(d).
The training provisions for reverse logistics at §173.157(e).
Equipment Powered by Division 2.1 Flammable Gas (§173.157(c)(3)(ii)):
A combustion engine using flammable gas fuel or other devices using flammable gas fuel (such as: camping equipment, lighting devices, and torch kits) is authorized under these regulations and subject to the following:
The flammable gas source must be disconnected.
All shut-off devices must be in the closed position.
And…
The segregation requirements of §177.848.
The incident reporting requirements of §171.15.
The option for hazard communication at §173.157(d).
The training provisions for reverse logistics at §173.157(e).
Division 2.1 or 2.2 Compressed Gases(§173.157(c)(4)):
Division 2.1 or 2.2 compressed gases weighing less than 66 lb (it can be presumed this is a gross package weight) and sold as retail products are authorized under these regulations. For the purposes of the reverse logistics exception, a cylinder or aerosol container may be assumed to be a Division 2.1 or 2.2 material even if the exact pressure is unknown. Authorized HazMat is subject to the following:
The segregation requirements of §177.848.
The incident reporting requirements of §171.15.
The option for hazard communication at §173.157(d).
The training provisions for reverse logistics at §173.157(e).
Hazard Communication (§173.157(d)):
Packages displaying the surface limited quantity mark
HazMat transported by a non-private carrier and subject to the requirements of the limited quantity exception (codified at §173.157(b) and explained above) must display the surface limited quantity mark as described at §172.315(a).
HazMat transported by a private motor carrier in accordance with §173.157(c) may display the following marking instead of the surface limited quantity mark:
“REVERSE LOGISTICS – HIGHWAY TRANSPORT ONLY – UNDER 49 CFR 173.157”
The table below shows the required height of the letters of the package mark as required by §172.301(a)(1).
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Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Any person at a retail store who prepares a HazMat for transportation subject to the reverse logistics exception must have clear instructions on its preparation for transport to the supplier, manufacturer, or distributor. Clear instruction must include how to properly classify, package, mark, offer, and transport the HazMat. It is the supplier, manufacturer, or distributor of the HazMat – not the retail store – that must provide the clear instruction to the retail store to ensure the shipment is correctly prepared for transportation.
In lieu of providing clear instruction as described above, the HazMat Employer (who may, or may not, be the retail store) may provide HazMat Employee training per 49 CFR, Subpart H to employees who have a direct affect on the safe transportation of reverse logistics HazMat.
Employers who do not provide HazMat Employee training must then instead:
Identify HazMat subject to the reverse logistics exception.
Verify compliance with the reverse logistics exception.
Ensure clear instructions are provided by the HazMat supplier, manufacturer, or distributor.
Ensure the clear instructions are known and accessible to employees at the time they are preparing the HazMat for transport.
Document employees are familiar with the reverse logistics exception and the specific return instructions for each HazMat transported as reverse logistics.
You may be wondering – as I did – “What’s the point of the reverse logistics exception? It looks to be much the same as the limited quantity exception.” Well, there are two answers, the first from USDOT/PHMSA:
The exceptions provided in §173.157 are intended to provide minimum packaging, training, and hazard communication to address the risk posed by hazardous materials that are returned from retail facilities to the manufacturer, supplier, or distribution center. (LOI 16-0057, Q/A 6)
“OK.” You’re thinking, “So what?”
A more useful answer is this: HazMat transported as reverse logistics are not subject to the HazMat Employee training requirements of §172, Subpart H, whereas HazMat shipped as a limited quantity remain subject to it. HazMat transported as reverse logistics subject to §173.157, even those transported by a non-private carrier subject to §173.157(b) need only meet the training requirements of §173.157(e) which may only be “clear instructions” provided by the HazMat’s supplier, manufacturer, or distributor.
Q&A: Are clothing contaminated with asbestos a hazardous material?
Question on February 13, 2018:
Daniel –
Is clothing (scrubs) contaminated with friable asbestos dust and fibers (< 1 pound of asbestos per package) being transported to a laundry facility using in commerce roadways regulated by DOT as a hazardous material and thus subject to the applicable packaging, marking, labeling, placarding and shipping paper requirements? If so would the following be an appropriate proper shipping name?
“NA2212, Asbestos, PG III, 9 (mixture: clothing contaminated with friable asbestos)”
My reply that same day:
Thank you for contacting me. Please see below.
You are correct that friable asbestos is a hazardous material when transported in commerce.
The shipping description is as follows: NA2212, Asbestos, 9, PG III. (Please note the sequence differs from what you have above.
“(mixture: clothing contaminated with friable asbestos)” is not required but is permitted.
If it is less than a pound of asbestos in each packaging it is not a reportable quantity (RQ) of a hazardous substance. More than a pound per package is subject to additional regulation. However, if unable to differentiate between the clothes and the asbestos, it will be necessary to consider the weight of the asbestos-contaminated clothing toward the 1 pound threshold.
Q&A: Are distilled drinks like whiskey a HazMat? May they be transported in wooden barrels?
Here’s one of those questions I love to get. Back on January 29, 2018:
Hi there,
Just wondering…
May distilled drinks , such as, e.g., whiskey, be transported in wooden barrels of 250, 300 or 400 liters?
What would it require…?
My reply that day:
Thank you for contacting me. Please see below.
Depending on the alcohol content it is quite likely that your whisky is not subject to the regulations of USDOT/PHMSA. Therefore, you may use any packaging that will contain the material. There may be other regulations such as the ATF or FDA of which I am not familiar.
Thank you and please don’t hesitate to contact me with any other questions.
He required more clarification:
Thank you, Daniel.
I read the article but remained unsure.
The barrels have whiskey of ~63% ABV (by volume).
The barrels–wooden as they are straight from aging.
Does that throw further light?…
My clarification:
No problem. It can be confusing. Please see below.
49 CFR 173.150(d) allows for an exception from all regulation of USDOT if the alcoholic beverage meets any one of the following:
No more than 24% ABV. Yours is 63% so this won’t work.
In inner packagings of no more than 1.3 L (5 gal). This won’t work for you either.
Be a packing group III alcoholic beverage in a packaging of 200 L or less. Special provision 24 for the entry alcoholic beverages indicates an ABV of 24% to 70% is a packing group III. Therefore, your whiskey is a PG III alcoholic beverage. Any packaging of 200 L or less is not subject to USDOT regulations. Any packaging greater than 200 L must be shipped as a hazardous material. In that case you must determine if the wooden barrels meet the USDOT specifications for a HazMat packaging. You must also comply with all of the other USDOT regulations for its transportation.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
I wrote, “Please don’t hesitate to contact me with any other questions.” So he didn’t:
You are most helpful.
So under 200 L would be okay even at ~63% ABV.
Same regulations apply if aboard a marine or waterway vessel?
Me:
Yes. Alcoholic beverage of PG III in packaging of 200 L or less is not subject to regulation by highway, rail, or vessel. It will be subject to regulation by air.
Him:
I re-read the article and see this reference:
Is a Packing Group III alcoholic beverage in a packaging of ≤250L (66 gallons).
hence I see 250 L, not 200 L?
As well, which is the regulation that specifies it…?
Me:
You’re right. The limit in the regulations is 250 L. I saw yours in the email as 200 L and mistakenly focused on that.
Regulation is 49 CFR 173.150(d)(1)(iii).
Q:
Would you by any chance know whether the same regulations apply across the entire NAFTA zone?
Both Canada and Mexico have their own national regulations.
Canada’s regulations are very similar to the U.S. and Canada allows for compliance with U.S. regs when hazmat is transported between the countries by highway or rail.
Mexico’s regulations are very different than those of the U.S. and they do not allow for compliance with U.S. regulations.
When transporting to Mexico or Canada by air or vessel you must comply with international regulations.
I would have to do further research to determine if the exception for alcoholic beverages exists in the international regulations and those of Mexico. I can do this under my consulting services.
Please contact me if you have any further questions.
He did:
I will sure do (awaiting some other info).
So finally, when above 250 L (say 350 L), as per original question, could you refer me to the applicable US regulation…?
Other than that will await the other issues pending (e.g., insurance).
You have been most helpful and appreciated.
A:
See below.
If greater than 250 L in a single container then you must ship as fully regulated hazmat.
Refer to the Hazardous Materials Table (49 CFR 172.101) entry for Alcoholic beverages.
Authorized packaging is indicated in column 8b.
Special provisions in column 7.
HazMat label in columns 3 & 6
Requirements for package marks, labels, placards, and shipping papers are in 49 CFR part 172.
Also, you must have HazMat Employee training required by USDOT prior to performing a regulated function. My next HazMat Employee training webinar is always coming up: My Webinar Training Schedule.
Please contact me if you have any other questions.
That seemed to do it. But on February 12, 2018 I checked back in:
Please let me know if you have any other questions for me.
Hi Daniel and thank you for the follow up and request.
To be honest two items remain unresolved, in a sense.
The research was in order to deal with insurance companies. To be clear about the status of we are requesting insurance for.
By and large we were answered by you. However, we would love to have simple language description of what is required if the container (read, barrel) is over 250 L. What exact security measures are required rather than referal to paragraphs etc.
as well, after we talked again to the insurer they expressed understanding but said that the need also to consult with the Maritime transportation code (as we looked into seafaring the goods as well).
Once clear on that, the complete picture could, indeed, be of value to others, other readers etc.
Kind regards,
A:
Perhaps you should contact me via phone to discuss in more detail.
An alcoholic beverage of more than 250 L is subject to full regulation of the USDOT/PHMSA when transported within the U.S.
Hazmat transportation requirements include but are not limited to:
Classification of Haz<at.
Selection of packaging that is authorized by regulations, meets DOT specifications, complies with general requirements, and is filled and closed per the manufacturer’s instructions.
Application of hazard communication methods: package marks, hazmat labels, shipping papers, and placards for vehicle if applicable.
While there are HazMat Security provisions within USDOT/PHMSA regulations – both “in-depth” and “general awareness” – only the general awareness security training requirements will apply to a hazmat of this type and packaging size.
The transportation of dangerous goods (aka: HazMat) by vessel in international waters is subject to the International Maritime Organization Dangerous Goods Code, which is similar to USDOT/PHMSA regulations but not exactly the same.
Please contact me with any further question.
Q:
Hi Daniel and, as always, thanks for the helpful input!
At the same time, the Int’. Maritime Code being “similar to USDOT/PHMSA regulations but not exactly the same” does it entail that barrels under 250L are exempt from any hazmat handling as per land transport?
Thankful again,
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
The IMDG Code has a special provision for alcoholic beverages (24% to 70% alcohol) that exempts from regulation packagings of 250 L or less.
Further research will be necessary but I suspect the regulations for the transport of this hazmat by highway, rail, or vessel (international or domestic) are the same. Transport by air is a whole different story.
Let me know how I can help you.
And that seemed to do it!
As can be seen from this exchange, I stand ready to help anyone comply with the regulations for the transport of hazardous materials / dangerous goods. Of course, what I prefer to do is training and consulting where I get paid, but these types of questions keep me sharp. So don’t hesitate to send me yours!
The Lithium Battery Test Summary
The regulations for the transportation in commerce of lithium cells and batteries requires each cell or battery to be of the type proved to meet the requirements of specific test procedures of the United Nations. Under current regulations it is the responsibility of the battery manufacturer to perform the tests, maintain a record of satisfactory completion, and make such records available to an authorized representative upon request. As of January 1, 2020, this responsibility expands (in some regulations) to include subsequent distributors of lithium cells and batteries.
The purpose of this article is to identify the regulatory requirements for applicable persons to test lithium a lithium cell or battery, maintain records of the test summary, and to provide a copy of the test summary upon request. (more…)
Exceptions From USDOT Regulations for Compressed Gases
A compressed gas meeting the defining criteria of 49 CFR 173.115 must comply with the Hazardous Materials Regulations (HMR) of the USDOT/PHMSA when transported, or offered for transport, in commerce. However, there are some exceptions from full regulation for certain compressed gases. These potentially excepted compressed gases are identified at §173.307. (more…)
