A question from a former coworker on August 29, 2017:
Good morning Dan. We have a client that has soaps coming to the facility that are corrosive in totes. They have contracted a recycling service to come pick up the empty totes. The service provider is being very conservative and wants to ship the totes as hazardous material, even though the totes are empty by normal practical means. They are stating the totes are 150 pounds each so when over six are shipped they are asking the client to provide placards for the shipment. The client is not DOT registered, they normally do not offer hazardous substances for transportation. Does the client take on liability for misrepresenting the shipment? (should not be shipped as a hazardous substance) I assume they would need to become registered and pay the annual fee, correct? If they only ship six totes (900 pounds), they would not require placarding and therefore would not need to be registered. However, if the transporter still wants to ship with a placard, could the client be responsible for misrepresenting the load by providing placards and signing shipping papers? Where is this addressed in the rules?
My reply that same day:
Thanks for contacting me.
- Unless, “sufficiently cleaned of residue and purged of vapors to remove any potential hazard…” the packaging is subject to full regulation as a hazardous material when offered for transportation. Read: “Emptying” a Hazardous Material Packaging. 49 CFR 172.514(b) states this clearly for a bulk packaging.
- There is an exception from full regulation for “empty” packagings that contain HazMat residue. However, this exception does not apply to a bulk packaging. I assume the “tote” you refer to is a bulk packaging. Read: Bulk Packaging for HazMat Explained!
- Therefore, a bulk packaging containing any residue of a hazardous material must be shipped as a fully regulated HazMat. This means that HazMat labels, marks, and/or placards are required on the packaging and on the vehicle as applicable. A shipping paper describing the hazardous material must accompany the shipment. All personnel involved in its off-site transportation must receive HazMat Employee training.
- Any amount of a HazMat in a bulk packaging requires the display of placards on the vehicle. It does not matter the weight of the HazMat nor the number of bulk packagings. 49 CFR 172.504(c) offers an exception for display of placards on a vehicle but not for bulk packagings or the really nasty HazMat of Placarding Table 1 at 49 CFR 172.504(e).
- The shipper is responsible for the classification and shipment of the HazMat in compliance with the Hazardous Materials Regulations. They will get the fine, not the carrier.
Options:
- Ship empty totes as fully regulated HazMat.
- Rinse out totes so no hazard remains. Discharge wastewater down drain to POTW. Then offer for transport. No hazardous residue = no HazMat regulations.
- Add chemical and/or absorbent to totes to neutralize Class 8 Corrosive. No hazardous residue = no HazMat regulations.
Hope this helps. Please contact me with any questions.
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It may not have been the answer he was hoping for but it did help:
Thank you so much Dan. I didn’t realize the totes were considered bulk packages and the “empty” definition does not apply. I’ve not really worked much with totes and I have learned something new again.
This really helps. Thank you.
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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, Inc. 815.821.1550 |