Yes. Though special provision 156 in column 7 of the Hazardous Materials Table excepts from regulation asbestos that is immersed or fixed in a natural or artificial binder material, i.e. non-friable, the shipper may still classify a non-friable asbestos and offer it for transportation as a Hazardous Material (HazMat).  [LOI 03-0262]

Special Provision 156:

Asbestos that is immersed or fixed in a natural or artificial binder material, such as cement, plastic, asphalt, resins or mineral ore, or contained in manufactured products is not subject to the requirements of this subchapter.

Interestingly, asbestos is identified as a hazardous substance in Table 1 to Appendix A of the Hazardous Materials Table. It has a low RQ (Reportable Quantity) of 1 lb (0.454 kg). However, a note to the entry reads as follows:

The RQ for asbestos is limited to friable forms only.

So, it is acceptable to ship a non-friable asbestos as a hazardous material even though it – because of special provision 156 – is not subject to the regulations, a shipper will not be able to identify it as a Reportable Quantity of a hazardous substance.

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation (DOT) regulates the transport of hazardous materials within the U.S. Compliance with these regulations are the responsibility of shippers and carriers of hazardous materials (HazMat) and those persons identified as the “destination” or “receiving facility” (aka: consignee).

Compliance with the HMR can be tough. That’s why PHMSA offers one-day training workshops and two-day multi-modal training seminars throughout the U.S.  And the best part?  Both the workshops and seminars are free!  Check out the calendar and details below to select a location and date that is convenient.

One-Day Workshop Calendar and Details

Two-Day Seminar Calendar and Details

Note:  There are no two-day training seminars scheduled for 2017 as of this writing (03.11.17).  Perhaps that will change soon.

Can’t find one that’s right for you?  That’s OK.  Be sure to check back frequently as new locations and dates will be added throughout the year.  Also, some of the workshops and seminars are limited to a certain number of early registrants.  Don’t miss out when the training is right in your back yard and free!

I am now scheduled to attend the one-day training workshop in Burlington, VT on June 27, 2017.  Perhaps I’ll see you there!

If you prepare for transportation or transport hazardous materials in an Intermediate Bulk Container (IBC), you may be just as confused as I am (or was!) regarding the proper display of the required hazard communication methods.  The answering of customer’s questions and the writing of this article forced me to look hard at the PHMSA/USDOT Hazardous Materials Regulations (HMR) and to arrive at an answer.  Five of them, actually.  In this article I will identify all of the options available to a shipper of HazMat in IBCs for the display of HazMat labels, markings, and placards.   I will do this in three sections:

1. Dispense some preliminary information necessary for complete understanding.
2. Identify the applicable regulations and their meaning.
3. Relying on the preliminary information and referring to the applicable regulations, identify five options for display of the required hazard communication methods on IBCs

At the bottom of this article I have embedded a Power Point presentation which summarizes the information presented and illustrates the five options explained herein.  Please refer to it as a complement to this article and not a replacement for it.

Before we Begin:

An IBC is defined at 49 CFR 171.8:

Intermediate bulk container or IBC means a rigid or flexible portable packaging, other than a cylinder or portable tank, which is designed for mechanical handling. Standards for IBCs manufactured in the United States are set forth in subparts N and O of part 178 of this subchapter.

To sum up:

• An IBC can take many forms, “…rigid or flexible…”.  It could be a plastic bladder in a metal cage mounted to a pallet.  It could be a nylon or plastic sack.  It could be a metal or plastic rigid packaging.
• It is not a cylinder for a compressed gas nor is it a portable tank, which is usually much bigger.  Both of which are defined in §171.8.
• It is designed to be handled by mechanical equipment and not a person or persons.  This eliminates most smaller packagings though the IBC is not specifically defined as a bulk packaging as is a cargo tank or portable tank.  As a practical matter, every IBC I have ever encountered has been a bulk packaging.  For the purposes of this article, we will assume an IBC to be a bulk packaging.
• Standards for IBCs are set forth in subparts N and O of 49 CFR 178.  This differentiates an IBC from a large packaging or a flexible bulk container (standards set forth in subparts P/Q and R/S, respectively).  This is important since these three different types of packagings may appear very similar.

The average volume of an IBC is 275 – 330 gallons.  This is important because many of the requirements for HazMat labels, markings, and placards depend upon the volume of the bulk packaging or IBC.

Read here:  What is a bulk packaging?

A Summary of the Applicable Hazard Communication Regulations of 49 CFR 172

Subpart D Marking:

• §172.301(a)(1):  A non-bulk packaging must display the identification number and proper shipping name.   There is no requirement to display this marking more than once.  As of January 1, 2017 there is a minimum size requirement for the identification number marking on a non-bulk packaging.
• §172.302(a)(1):  A bulk packaging with a capacity of ≥3,785 L (1,000 gallons) must display the identification number – not the proper shipping name – on all four sides.
• §172.302(a)(2):  A bulk packaging with a capacity of <3,785 L (1,000 gallons) must display the identification number on two opposing sides.
• §172.336(d):  A bulk packaging that displays HazMat labels instead of placards according to §172.514(c), may display the identification number in the same manner as a non-bulk packaging at §172.301(a)(1) instead of the identification number marking as it is normally required to be displayed on a bulk packaging.
• §172.332:  When required on a bulk packaging, the identification number marking must be displayed with one of the following methods:
  • On the placard.
  • On an orange panel near the placard.
  • On a white square-on-point configuration near the placard.

Subpart E Labeling:

• §172.400(a)(1):  A non-bulk package must display the applicable HazMat label.
• §172.400(a)(2):  A bulk packaging with a capacity of <18 m3 (640 ft3) must display the applicable HazMat label unless it is placarded according to subpart F.  The requirement to label bulk packagings of this capacity does not apply to a cargo tank, portable tank, or tank car.
• §172.406(a)(1)(ii):  HazMat label – if displayed – must be on the same surface of the package and near the proper shipping name marking.
• §172.406(a)(2):  Except as provided in paragraph (e) of this section, use of more than one HazMat label on a package is not required.
• §172.406(e):  Generally, only one of each different required label must be displayed on a package.
• §172.406(e)(6):  Duplicate labels must be displayed on at least two sides of an IBC with a capacity of ≥1.8 m3 (64 ft3).

Subpart F Placarding:

• §172.504(a):  Except as otherwise provided, a bulk packaging containing any hazardous material must display the applicable placard on all four sides.
• §172.514(c):  An IBC may display placards on two opposing sides or it may display HazMat labels according to subpart E.
• §172.514(c)(4):  An IBC displaying HazMat labels in accordance with subpart E may display the identification number in the same manner as a non-bulk packaging at §172.301(a)(1) instead of the identification number marking as it is normally required to be displayed on a bulk packaging.

Options for labeling, marking, and placarding Intermediate Bulk Containers

Option 1:

An option available to all bulk packagings – and the most burdensome – is to display placards and identification number on all four sides of the bulk packaging.  The identification number must be displayed on or near the placard.

• Display placards on all four sides of a bulk packaging per §172.504(a).
• The display of the identification number marking on all fours sides is required for a bulk packaging of ≥1,000 gallons at §172.302(a)(1) and is an option for a bulk packaging with a capacity of <1,000 gallons.
• Display the identification number marking on or near the placard per §172.332 as for any bulk packaging.

Option 2:

A small revision to option 1 is to display placards on all four sides of the IBC and, if the capacity is below the threshold amount, to display the identification number marking on two opposing sides.

• Display placards on all four sides of a bulk packaging per §172.504(a).
• Display the identification number marking on two opposing sides per §172.302(a)(2) for a  bulk packaging with a capacity of <1,000 gallons.
• Display the identification number marking on or near the placard per §172.332 as for any bulk packaging.

Option 3:

Both option 1 and 2 are available for most bulk packagings.  With option 3 we arrive at one specifically designed to ease the regulatory burden for those who ship HazMat in IBCs.  Option 3 allows for the display of placards on two opposing sides of the IBC along with the identification number marking if the capacity of the IBC is below the threshold amount.

• Display placards on two opposing sides of the IBC per §172.514(c).
• Display the identification number marking on two opposing sides per §172.302(a)(2) for a  bulk packaging with a capacity of <1,000 gallons.
• Display the identification number marking on or near the placard per §172.332 as for any bulk packaging.

Option 4:

Option 4 continues the progression of relaxing the regulatory responsibilities specifically for the use of IBCs as a packaging for HazMat.  Option 4 allows for the display of HazMat labels on two opposing sides of an IBC with a capacity of ≥1.8 m3 (64 ft3).  If taking advantage of this option the shipper may also display the proper shipping name and identification number marking near the HazMat label on one side of the IBC in the same manner as if it was a non-bulk packaging.

• For a bulk packaging with a capacity of <18 m3 (640 ft3), either display HazMat labels or placards according to subpart F per §172.400(a)(2).
• Display HazMat labels on the IBC as directed by subpart E per §172.514(c).
• According to §172.406(a)(2) and §172.406(e), display of more than one HazMat label on a package is not required.
• Display HazMat labels on two opposing sides of an IBC with a capacity of ≥1.8 m3 (64 ft3) per §172.406(e)(6).
• Display the proper shipping name and identification number marking in the same manner as a non-bulk packaging as is described at §172.301(a)(1) per §172.514(c)(4).

Option 5:

I saved the best option for last.  A shipper of hazardous materials in an IBC may display a HazMat label on one side of an IBC with a capacity of <1.8 m3 (64 ft3).  Remember: the capacity of a typical IBC is 275 – 330 gallons (330 gallons = 1.25 m3 = 44 ft3).  If taking advantage of this option the shipper may also display the proper shipping name and identification number marking near the HazMat label on one side of the IBC in the same manner as if it was a non-bulk packaging.

• For a bulk packaging with a capacity of <18 m3 (640 ft3), either display HazMat labels or placards according to subpart F per §172.400(a)(2).
• Display HazMat labels on the IBC as directed by subpart E per §172.514(c).
• According to §172.406(a)(2) and §172.406(e), display of more than one HazMat label on a package is generally not required.
• Display HazMat labels on one side of an IBC with a capacity of <1.8 m3 (64 ft3) per §172.406(e)(6).
• Display the proper shipping name and identification number marking in the same manner as a non-bulk packaging as is described at §172.301(a)(1) per §172.514(c)(4).

Conclusion:

If you are uncertain about the option to display the proper shipping name and identification number marking on the IBC per §172.301(a)(1) as if it was a non-bulk packaging, so was I!  Please refer to this PHMSA letter of interpretation issued in response to my query (LOI 15-0120) for confirmation that this option complies with the HMR.  Please note the reference in the letter to §172.302(b)(2) isn’t an error.  That particular citation was removed from the HMR during an update that took place after the date of the letter’s posting.  It was replaced with §172.301(a)(1).

Here’s that Power Point embed I referred to at the beginning of this article.  Remember, use it as an illustration to further explain the five options explained in this article.

That – I believe – is it.  I’ve scoured the Hazardous Materials Regulations and cannot find any other options for the display of HazMat labels, markings, and placards on an Intermediate Bulk Container.  Have you?  Please let me know if you have, I’d love to add another option to this article.  In truth, it’s option 5 that is the most important to shippers of hazardous materials in an IBC:  no placards; no identification number marking on an orange panel, or on the placard, or on a white square-on-point; just a HazMat label and proper shipping name and identification number marking displayed on one side just as if it was a non-bulk packaging.

Interested in more information about shipping HazMat in IBCs?

• Requirements for specification packaging markings on an IBC
• Additional specification packaging markings required on an IBC

The transportation in commerce of a hazardous material (HazMat) by rail may involve a variety of bulk and non-bulk packagings. One common bulk packaging for the transport of HazMat by rail is the tank car. Whatever the packaging, the transport of HazMat by rail is subject to a variety of modal-specific or packaging-specific requirements within the Hazardous Material Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA), including:

• 49 CFR 174 – Carriage by rail
• §173.10 – Tank car shipments
• §173.31 – Use of tank cars

The purpose of this article is to identify and explain one small part of 49 CFR 173.31: The requirements for tank car loading and unloading at §173.31(g). (more…)

My website – as it is intended – draws the attention of people who have questions about transporting hazardous materials.  Like this one on August 5, 2016:

Hi Daniel,

I saw your web page and the invite to contact you with questions about the transportation of hazardous materials. My questions involve the shipping of used medical devices.

Example 1. A used biopsy sampling gun from a hospital being returned to the manufacturer for failure investigation.

Example 2. A used medical machine which collects urine which is being returned to the manufacturer for:

1. a) Reconditioning and return to same hospital or,
2. b) Disposal if broken.

Example 3. A used medical ultrasonic machine which comes in contact with various patients skin which is being returned to the manufacturer for reconditioning and return to same hospital.

Example 4. A used catheter being used for personal home healthcare being returned to the manufacturer for failure investigation.

It may be precautionary assumed that recondition / reusable devices being returned from a healthcare facility came in contact with bodily liquids from floors or sprays from patients.

It is also assumed that these liquids are Category B infectious substance.

What are the suggestions for each Example:

1. Shipping Name
2. Inner Packaging Material and Markings
3. Outer Packaging Material and Markings
4. Acceptable types of transportation (i.e. personal cars, company sales cars, licensed carriers, etc)

Also can any regulated hazardous material be shipped to any off-site storage facility while awaiting decision dispositions?

Thank you very much Daniel.

My reply that same day acknowledged the question and my need for some time to research an answer.

Yow!  That’s a lot.  I’ll do my best to answer your questions in the next several days.

My response to his question more than a month later (09.26.16):

I will do my best to answer your questions below.  I apologize for my delay.

I didn’t hear back from him after that so I can only assume that I provided him with the information he needed or my answer was too late to be of any use.

I admit it took me a long time to reply to this person but as you can see, the research necessary was extensive.  Perhaps you are a shipper of used health care products that are a Division 6.2 Infectious Substance.  Or, perhaps you offer for transport some other Division 6.2 HazMat.  Whatever your situation may be, and whatever HazMat you may be involved with, there is an explanation of how to ship it in the Hazardous Material Regulations of PHMSA/USDOT.  If you can’t find the answer, then contact me and I’ll be glad to assist you.

Unless excepted by regulation, a non-bulk package of a hazardous material in – or offered for – transportation must display its identification number as a marking. The four-digit identification number (preceded by “UN”, “NA”, or “ID” as appropriate) is found in column four of the Hazardous Material Table.  Other package markings, not to mention HazMat labels, will be required as well but I don’t intend to get into that here.  The purpose of this article is to bring to your attention a new (as of January 1, 2017) minimum size requirement for the height of the identification number marking on a non-bulk packaging.

The citation for this regulation can be found in Title 49 of the Code of Federal Regulations part 172.301 (49 CFR 172.301). In paragraph (a) of this regulation the minimum height requirement for an identification number on a non-bulk packaging is established as follows.

Note 1: This is a minimum height requirement for the identification marking. There is no requirement for the width of the characters that make up the marking nor is there a requirement for the type of font used.

Note 2: This regulation went into effect on January 1, 2017 when the transitional exception from compliance at 49 CFR 172.301(a)(1)(i) ended.

There is one exception from the minimum height requirement remaining for certain permanently marked packagings. This exception is found at 49 CFR 172.301(a)(1)(ii). It’s conditions are summarized as follows:

• Packaging is for domestic (within U.S.) transportation only.
• Packaging manufactured prior to January 1, 2017.
• Packaging is permanently marked with the identification number marking. Examples of an acceptable permanent marking include embossing or a heat stamp process.

If all of the above conditions are met, then the packaging may continue in service until the end of its useful life.

The identification number is just one of the markings required on a hazardous material packaging. Many other markings have minimum size requirements as well, including but not limited to the following:

• §173.3(c), each salvage packaging must be marked “SALVAGE” in letters at least 12 mm (0.5″) high.
• §173.25(a)(4), the overpack is marked “OVERPACK” in letters at least 12 mm (0.5″) high.
• §172.332(b)(1), an identification number for a bulk packaging on an orange panel must be 100 mm (3.9″) high and of black Helvetica Medium numerals.
• §172.325(c), if both the identification number and the word “HOT” is displayed on a white-square-on-point display configuration, the word “HOT” must be in black letters having a height of at least 50 mm (2.0″).

There’s more, of course, but that will have to be for another article.  For now, make certain that the identification number marking on your non-bulk packagings of HazMat are in compliance with this new regulation.  And contact me if you require HazMat Employee training.

A common question for anyone who transports hazardous materials by highway is some variation of, “When, and how, do I use the Dangerous placard”? I received another of these questions from someone in the transportation industry on June 27, 2016:

If I have over 1,001 lbs but less than 2,205 lbs of a hazard class plus under 1,001 of another hazard class can I use a dangerous placard? All hazard classes are in table 2.

I had a response ready for him (6.27.16):

Thank you for contacting me with your question.  I believe I have an answer for you.

He wanted a little clarification so he re-phrased the question:

Many times when classifying a hazardous material for transportation a shipper may rely upon Section 14 of the Safety Data Sheet (SDS), (formerly the Material Safety Data Sheet  or MSDS), for classification information.  After all, it’s entitled “Transport Information” and frequently contains classification information pertaining to all transportation regulatory agencies:

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation (USDOT).
• The International Air Transport Association (IATA).
• The International Maritime Organization (IMO).

But is it correct?  Can you rely on the information it contains for your HazMat classification?  The answer:  maybe. (more…)

Common Scenario:

ompany A has a product X they wish to ship.  Product X does not meet the definition of a hazardous material but for various reasons (e.g. Company B ships a similar product and they classify it as HazMat, product X looks like it may be a HazMat, customer of Company A thinks product X is HazMat, Company A prefers to play it safe and ship product X as HazMat despite evidence to the contrary, &etc.) Company A chooses to ship product X as a hazardous material subject to full regulation under the PHMSA/USDOT Hazardous Material Regulations (HMR).  Is that OK?

Answer:

No it is not!  Though it may seem to be a safe option to ship something as a hazardous material when it is not, “What could go wrong?  We’re ‘playing it safe’ and being overly conservative.”  the HMR makes clear at 49 CFR 171.2(k) that this is not an option:

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.

In other words, it is a violation to indicate a hazardous material is present in a package or vehicle when it is not.

Most of the questions I receive come from industry.  A few from government.  And a few like this one on July 28, 2016:

Hi Daniel,

I am working on a small study and we will be collecting stool samples from subjects. Subjects will receive directly at their home  the  kit which includes  a small tube pre-filled with 5mL of ethanol. They will be asked to add sample to the pre-filled tube, put it back in the kit and send it via courier to our lab facility.
Researchers  sending the kit to subjects have all training for shipping hazardous materials and shipping materials meet the IATA and DOT regulation.
The question I have is regarding  patient shipping the kit back to the lab. What regulation applies to this part?

My initial reply later that day:

I will research that and get you an answer soon.

And here is my answer a long time later on October 8, 2016 (I’ve been working on my response times!):

I apologize for my delay in responding.  Hopefully my answer can still be of some use to you.  Please see below.

And that must have done it because they didn’t contact me with any other questions.