Introduction:

As of this writing (04.06.20) the expanding COVID-19 pandemic in the U.S. has made the regulations pertaining to the transportation of hand sanitizer of special interest.  If you are involved in the transport of this hazardous material (HazMat), then you must comply with the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).

The purpose of this article is to identify and explain the applicable regulations of USDOT/PHMSA for the classification, packaging, hazard communication, and transport of Hand Sanitizer within the U.S.

Before we begin…

• On April 2, 2020 USDOT/PHMSA issued a Temporary Relief to Companies Transporting Hand Sanitizer by Highway.  The relief and its effect on the HMR will be addressed later in this article.
• USDOT/PHMSA may also issue a special permit either through the standard process or – in the current situation – as an emergency.  A special permit – formerly known as an exemption – allows for the transport of a HazMat in a manner not allowed by existing regulations.  Read:  FAQ: What is a special permit?
  • As a matter-of-fact, USDOT/PHMSA already has issued several special permits due to the COVID-19 public health emergency.  You can read about them and other USDOT/PHMSA Assistance to the Public During COVID-19.
• There is an existing exception to the HMR for alcohol wipes.

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Scope and Applicability:

The content of this article applies solely to the transportation of HazMat to, from, or through the U.S.  Transportation to, from, or through another country may be subject to their domestic regulations and will also be subject to one of the following international regulations:

• Transportation by vessel in international waters will be subject to the International Maritime Organization (IMO) Dangerous Goods Code.
• Transportation by air – international or domestic – will likely be subject to the Dangerous Goods Regulations of the International Air Transport Association (IATA) unless you find an air carrier that will follow the HMR within the U.S. (e.g., UPS).

As of this writing neither IATA nor IMO have offered any relief from regulations for the transportation of Hand Sanitizer as a dangerous good as cargo.

The HMR apply to the transportation of HazMat by all modes: highway, rail, vessel, and air.  However, as noted just above, transportation by air will likely be subject to the IATA Dangerous Goods Regulations.

To keep things simple, it is best to limit the scope and applicability of this article to transport of Hand Sanitizer as a HazMat by highway or rail within the U.S.

Persons involved in the transportation of Hand Sanitizer as a HazMat will be identified as one of the following, each with different responsibilities in the HMR:

• Person who offers (aka: shipper).  The shipper prepares the Hand Sanitizer for transport and/or makes it available or offers it to the carrier.
  • A consignment of Hand Sanitizer may have more than one shipper.
• Carrier.  The carrier accepts the Hand Sanitizer from the shipper and transports it to its destination.
  • A consignment of Hand Sanitizer may have more than one carrier.
  • A consignment of Hand Sanitizer may be stored during transportation if done in compliance with §171.1(c)(4).
• Receiving facility.  Not defined in the HMR and hardly mentioned.  Its responsibilities in the HMR end when the Hand Sanitizer is unloaded from the transport vehicle.

Read:  Shipper and Carrier in the Transportation of Hazardous Materials

This article will concentrate on the responsibilities of the shipper.

Government employees involved in the transport of Hand Sanitizer must comply with the HMR (even during a public health emergency) unless their operations are eligible for the Government Employee Exemption.

Classification:

Hand Sanitizer has five (5) possible classifications:

• Not a hazardous material (non-HazMat).  If so, then its transportation is not subject to the HMR.
• Hazardous material subject to classification other than a Class 3 Flammable Liquid. Classification other than Class 3 Flammable Liquid for Hand Sanitizer is not addressed in this article.
• One of the following Class 3 Flammable Liquids (as defined at 49 CFR 173.120, a Class 3 Flammable Liquid has a flash point of ≤60 °C (140 °F)):
  • UN1170, Ethanol or Ethyl alcohol or Ethanol solutions or Ethyl alcohol solutions, Hazard Class 3, Packing Group II
  • UN1987, Alcohols, n.o.s., Hazard Class 3, Packing Group I, II, or III
  • UN1219, Isopropanol or Isopropyl alcohol, Hazard Class 3, Packing Group II

Note: Refer to the safety data sheet (SDS) for the information necessary for the classification of Hand Sanitizer.

More information on the Packing Group (PG):

• It is an indication of the degree of danger of a HazMat.
• The lower the number, the higher the degree of danger and the more restrictive the regulations:
  • PG I: Greatest danger
  • PG II: Medium danger
  • PG III: Least danger
• PG for a Class 3 Flammable Liquid is determined by the following:
  • Flash point
  • Initial boiling point
• Under certain conditions a viscous Class 3 Flammable Liquid of PG II may be grouped in PG III (§173.121(b)).  A Class 3 Flammable Liquid of PG III is eligible for more packaging exceptions than the same HazMat of PG II.

Read:  Flash Point for Classification of Class 3 Flammable Liquid and Combustible Liquid

For the remainder of this article the three classifications as a Class 3 Flammable Liquid will be referred to as Hand Sanitizer.

Packaging:

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Packaging and all of the rest of it for Hand Sanitizer as a fully-regulated HazMat:

If shipped as a fully-regulated HazMat (exceptions to full regulation are addressed later) there are two broad types of packaging authorized for the transportation in commerce of Hand Sanitizer.

Packaging type	Bulk packaging	Non-bulk packaging
What is it?	Packaging with a capacity of >450 L (119 gallons).	Packaging with a capacity of ≤450 L (119 gallons).
Examples include:	Tank cars (rail), cargo tank trucks, portable tanks, intermediate bulk containers (IBCs), and composite packaging (a composite packaging may also be a non-bulk packaging).	Single packagings, combination packagings, and composite packagings (composite packagings may also be a bulk packaging).
Authorized packaging identified for Hand Sanitizer at:	PG I: 49 CFR 173.243 PG II: 49 CFR 173.242 PG III: 49 CFR 172.242	PG I: 49 CFR 173.201 PG II: 49 CFR 173.202 PG III: 49 CFR 172.203

For more information on bulk packaging read:  Bulk Packaging for HazMat Explained!

Packaging for Hand Sanitizer must comply with the following:

• General packing requirements of §173.24 and §173.24a.
• Applicable packing requirements of §173, subpart A or B (e.g., overpack or salvage packaging).
• Use only packaging authorized for use by the HMR (see table above).
• Use DOT or UN Specification packaging required for Hand Sanitizer.
• Close packaging according to packaging manufacturer’s instructions.

Hazard Communication and More:

Transportation of a Hand Sanitizer as a fully-regulated HazMat will also require the following:

• HazMat labels and marks displayed on the packaging.
• Completion of HazMat shipping paper (likely in the form of a bill of lading).
• Provide emergency response information to carrier and display emergency phone number on shipping paper.
• Display placards on the motor vehicle transporting if either of the following is true for the hand sanitizer:
  • Transported in a bulk packaging.
  • ≥454 kg (1,001 lb) transported on vehicle.
  • It is the responsibility of the shipper to offer the required placards to the driver.
• Every employee with a direct effect on the safe transportation of the Hand Sanitizer must receive initial (within 90 days) and recurrent (every three years) HazMat Employee Training.

Note: USDOT/PHMSA has provided for temporary relief (until June 25, 2020) from recurrent HazMat Employee Training during the COVID-19 public health emergency

Packaging Exceptions:

The following packaging exceptions are available for Hand Sanitizer at §173.150.  The packaging exceptions will only be identified and summarized here.  I will indicate when a more thorough explanation is available and provide a link to that source.

Limited Quantities (§173.150(b)):

Hand Sanitizer as limited quantity must comply with the following:

• Combination packaging
• “Strong outer packaging”
• Quantity limits for each inner packaging:
  • PG I: not over 0.5 L (0.1 gal)
  • PG II: not over 1.0 L (0.3 gal)
  • PG III: not over 5.0 L (1.3 gal)

Note: The packaging restrictions of a Class 3 Flammable Liquid of PG III are less than those for a PG II

• Gross package weight of not over 30 kg (66 lb).
• Package must display limited quantity mark and orientation arrows.
• HazMat Employee training

Hand sanitizer as limited quantity is not subject to any of the following:

• DOT or UN specification packaging.
• Any other hazard communication (labels, marks, placards, or shipping papers) other than as indicated above.

Consumer Commodities (§173.150(c)):

The consumer commodity exception has the same requirements and exception from full regulation as a limited quantity except for the following:

• Packaged and distributed in a form intended or suitable for retail sale and consumer use.
• Display ORM-D mark instead of limited quantity mark.
• May no longer be used after 12.31.20.

Alcoholic Beverages (§173.150(d)):

Won’t work for Hand Sanitizer.  Read about it here: Exception to the HMR for Alcoholic Beverages

Aqueous Solutions of Alcohol (§173.150(e)):

The conditions of this exception limit the alcohol content to no more than 24%.  It also won’t work for Hand Sanitizer.  Read about it here: Exception to the HMR for Aqueous Solutions of Alcohol

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Combustible Liquids (§173.150(f)):

First, we have to go back to the classification of a Class 3 Flammable Liquid at §173.120.  A Class 3 Combustible Liquid is defined at §173.120(b) as:

• Does not meet the definition of any other hazard class.
• Flash point of >60 °C (140 °F) and <93 °C (200 °F)

Read:  Class 3 Flammable Liquid and Class 3 Combustible Liquid

But…there’s another way to classify Hand Sanitizer as a Combustible Liquid.  Per §173.150(f)(1), under the following conditions a Class 3 Flammable Liquid may be re-classed to a Class 3 Combustible Liquid:

• Does not meet the definition of any other hazard class.
• Transport is by highway or rail.
• Flash point ≥38 °C (100 °F).

Well, what’s so great about a Class 3 Combustible Liquid?  This:  a Class 3 Combustible Liquid is not subject to any of the HMR as long as it is none of the following:

• In a bulk packaging.
• Hazardous substance
• Hazardous waste
• Marine pollutant

Read about the re-classification of a Flammable Liquid and the Combustible Liquid Exception

Limited Quantities of Retail Products Containing Ethyl Alcohol (§173.150(g)):

Under this exception, the transport of Hand Sanitizer is not subject to any of the HMR if it complies with the following:

• Sold as retail product.
• Class 3 Flammable Liquid or Division 4.1 Flammable Solid.
• Combination packaging.
• If it contains ≤70% ethyl alcohol it must comply with the packaging restrictions of §173.150(g)(1)(i-iii).  These paragraphs will not be described in detail here but the maximum volumes are as follows:
  • 3.8 L (1 gal) for any non-glass inner packaging.
  • 0.47 L (0.125 gal) for any glass inner packaging.
  • 5.6 L (1.5 gal) net liquid contents of all inner packagings in any single outer packaging.
  • 29.9 kg (66 lb) gross weight of any single outer packaging.

• This exception at first seems tailor-made for Hand Sanitizer.  It does, however, have three limitations:If it contains >70% ethyl alcohol it must comply with the packaging restrictions of §173.150(g)(2)(i-iii).  These paragraphs will not be described in detail here but the maximum volumes are as follows:
  • 0.23 L (0.063 gal) for any inner packaging.
  • 5.6 L (1.5 gal) net liquid contents of all inner packagings in any single outer packaging.
  • 29.9 kg (66 lb) gross weight of any single outer packaging.

• Solely for Hand Sanitizer containing ethyl alcohol.
• Restrictions on the concentration of ethyl alcohol.
• Limits to size of packaging.
  

  Photo by Kelly Sikkema on Unsplash

Note: Centers for Disease Control and Prevention (CDC) recommends consumers use an alcohol-based hand sanitizer that contains at least 60% ethanol or 70% isopropanol.

Temporary Relief for Transport of Hand Sanitizer:

Issued April 02, 2020 and revised April 10th (stay tuned for more revisions!), the Notice of Enforcement Discretion provides temporary relief from the HMR and is meant to simplify the transport of alcohol-based Hand Sanitizer during the public health emergency.  It expires three (3) months from its date of issuance (July 10, 2020) or the time when the public health emergency is over, whichever is sooner.  The relief is divided into two categories based on the quantity of Hand Sanitizer in the completed package:

• Small quantities of no more than 8 gallons per package.
  • In a combination packaging.
  • In a single packaging.
• Larger quantities of more than 8 gallons but no more than 119 gallons per package.

The relief is made available only to the following:

• Companies that produce Hand Sanitizer and companies that subsequently transport the Hand Sanitizer.
• Hand Sanitizer produced in response to the COVID-19 public health emergency under specific FDA guidance

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Read the entire Notice of Enforcement Discretion (Revised 04.10.20)

Or…read the article I wrote summarizing this Temporary Policy:  USDOT/PHMSA Temporary Policy for Transportation of Alcohol-Based Hand Sanitizer (Revised 04.10.20)

Conclusion:

Whether you are a shipper or carrier of HazMat.  Whether you ship Hand Sanitizer as a Class 3 Flammable or Combustible Liquid or some other HazMat.  Whether you take advantage of one of the exceptions, exemptions, special permits, or enforcement discretion described above or transport a HazMat subject to full regulation, you must be aware of the HMR and that begins with training.  Stay healthy.  Be safe.  Be well.