Healthcare facilities may generate a variety of wastes, though due to the nature of their operations, these waste may fall into one of several common categories.  Each of these wastes will require special on-site handling and off-site disposal depending on their characteristics and the applicable regulations of the USEPA or a state with an authorized hazardous waste program.  In addition to state or federal hazardous waste regulations, these wastes will also be subject to the Hazardous Material Regulations (HMR) of the PHMSA/USDOT when transported or offered for transportation.  In either case it is the responsibility if the generator of the waste and/or the shipper of the hazardous material to make the proper classification and comply with the applicable regulations.

Common healthcare waste are identified below:

You  may also generate a waste that is not regulated by USEPA or your state under the Resource Conservation and Recovery Act (RCRA) but may be regulated in transportation by the PHMSA/USDOT as an Infectious Substance (Hazard Division 6.2).  Please read this article regarding the Exception for the Transportation of Regulated Medical Waste to ensure compliance.

The Hazardous Material Regulations (HMR) of the PHMSA/USDOT regulate the transportation in commerce of an Infectious Substance (Hazard Class 6, Division 6.2).  The description of Division 6.2 at 49 CFR 173.134 includes a definition of both Regulated Medical Waste and Sharps, and an exception from full regulation under the HMR for Regulated Medical Waste if shipped as required.  The purpose of this article is to explain the requirements to comply with the exception for transportation of a Regulated Medical Waste. (more…)

Whether you are a consumer forced to return a lithium battery to the manufacturer due to a recall announcement or you are the manufacturer/distributor who is arranging for the recall, you should be aware of the regulations affecting the transportation in commerce of lithium batteries.  The PHMSA/USDOT has published a guidance document with precautions to be taken by anyone who offers for transportation or transports a recalled lithium battery.  It’s recommendations are summarized below. (more…)

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.

49 CFR 172.600 mandates the shipper of a hazardous material to provide emergency response information specific to each hazardous material that appears on the  shipping paper.  Emergency response information is not required in only two situations:

• If the shipment does not require a shipping paper, and;
• If the shipment is a properly classified ORM-D material.

A common method of compliance with this regulation is for the shipper to provide the carrier with the applicable page from the Emergency Response Guidebook (copied or printed) and document the Guide Number page near the description of the HazMat on the shipping paper.  However, this practice alone, without additional information provided by the shipper, is a violation of the Hazardous Material Regulations (HMR) of the PHMSA/USDOT. (more…)

Pursuant to 49 CFR 172.600 a shipper of a hazardous material is required to provide emergency response information to the carrier prior to the HazMat’s transportation.  The only exception to this regulation is for shipments of HazMat that do not require a shipping paper and for materials properly classified as an ORM-D.  In order to correctly provide this information you must know what emergency response information is required for a shipment of a hazardous material. (more…)

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

April 31 through May 28, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

None

Proposed Rules:

5.9.13  Regulatory Flexibility Act Review Pages 27169 – 27171 [FR DOC # 2013-10897] PDF | Text | More

5.22.13  Hazardous Materials: Enhanced Enforcement Procedures-Resumption of Transportation Pages 30258 – 30266 [FR DOC # 2013-12123] PDF | Text | More

Notices:

None

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

5.2.13  Georgia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 25579 – 25582 [FR DOC # 2013-10408] PDF | Text | More

Proposed Rules:

5.2.13  Georgia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 25678 – 25679 [FR DOC # 2013-10406 ] PDF | Text | More

Notices:

None

Information can be helpful but it’s useless if you are not able to make sense of it, determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.

All regulations begin with a law and the Hazardous Material Regulations (HMR) of the PHMSA/USDOT is no exception.  The Federal hazardous materials transportation law (49 USC 5101 et seq.) directs the Secretary of Transportation to establish regulations for the safe and secure transportation of HazMat in commerce, as the Secretary considers appropriate.  The applicability of the HMR (to whom and to what materials it applies and when) is defined by regulation at 49 CFR 171.1 and explained in this article. (more…)

The USDOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) requires carriers and shippers of certain hazardous materials to annually register and pay a fee (read all about it here).  The fees collected are added to the Hazardous Materials Emergency Preparedness (HMEP) Fund which is used to provide funds for grants distributed to states and Indian tribes for hazardous materials emergency response planning and training and to certain professional organizations for training purposes through the Hazardous Materials Grants Program.  So, it may help you to know that the fees you pay are helping to make communities safer!  And if that doesn’t do it for you, then you should at least be pleased that the fees are being reduced for 2013/2014. (more…)

49 CFR 172.504 – General Placarding Requirements contains the applicability, scope, and general requirements for the use of placards when transporting a hazardous material.  §172.504(a) identifies the five (5) types of packagings and modes of transportation that will require placards, unless excepted.  A closer look at these five defined terms is important since packagings and methods of transportation not included in §172.504(a) will not require a placard. (more…)