HazMat packaging

General Requirements of the HMR for Hazardous Material Packagings and Packages (49 CFR 173.24)

As a Shipper of a hazardous material it is your responsibility to choose the authorized packaging specified for that HazMat in column 8 of the Hazardous Materials Table that also conforms to any applicable special provisions found in column 7.  You must also fill and close the packaging as directed by the regulations and the instructions of the packaging manufacturer.  In addition to that you must also comply with the General Requirements for Packagings and Packages found at 49 CFR 173.24.

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Manufacturers of Hazardous Material Packaging & HazMat Employee Training

The regulations of the US DOT that mandate training of HazMat Employees can be found at 49 CFR 172, Subpart H.  According to §172.702(a), “A HazMat Employer shall ensure that each of its HazMat Employees is trained in accordance with the requirements prescribed in this subpart.”  The full definition of a HazMat Employer can be found at §171.8 and can be summarized as follows:

  • A person who employees at least one HazMat Employee as defined at §171.8; or,
  • A person who is self-employed transporting materials in commerce; or,
  • A department or agency of any Federal or State government or Indian tribe.

WHO…

  • Transports a hazardous material in commerce;
  • Causes a hazardous material to be transported in commerce; or,
  • “Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests a package, container, or packaging component that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials in commerce.”

It is this last category of HazMat Employer that is often overlooked or misunderstood, and so requires further explanation.  Based on this definition a HazMat Employer includes…

Someone whose business has anything to do, “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests…” for any type of packaging, “…a package, container, or packaging component…” that it indicates, “…represented, marked, certified, or sold by that person…” is suitable for the transportation of hazardous materials, “…as qualified for use in transporting hazardous materials in commerce.”

If this is you, then you are a HazMat Employer.  As a HazMat Employer you are required to ensure that each of your HazMat Employees are trained and tested.  HazMat Employee training must include:

  • General Awareness/Familiarization
  • Function Specific Responsibilities
  • Safety/Emergency Response
  • Security General Awareness
  • In-Depth Security (if applicable)

However, pursuant to §172.704(e)(1), a HazMat Employee who is only involved in the manufacture of HazMat packagings and does not perform any other regulated function, such as handling hazardous materials in transportation, does not require Safety/Emergency Response training.

Whether you ship or receive hazardous materials, transport hazardous materials, or manufacture hazardous material packaging, you must provide HazMat Employee training every three years.  Contact me to provide the required training at a time and place of your choosing and at a price you can afford.

Selecting Packaging for the Transportation of a Hazardous Material or Hazardous Waste

QUESTION:  “Can a plastic 55-gallon drum – or any plastic container – be used for the transportation of a flammable liquid hazardous waste?”

ANSWER:  Yes.  There is nothing in the regulations of the US DOT or US EPA that precludes the general use of a plastic container for the transportation of a flammable liquid hazardous material or hazardous waste.  In fact, the applicable regulations refer to plastic drums, jerricans, and boxes as acceptable packagings for the shipment of a flammable liquid.  You should check with your State environmental agency or Fire Marshall to learn their requirements.

Selecting a container/packaging for a hazardous waste is important for several reasons; the two most important:

  • When the container/packaging is onsite and being used for the accumulation/storage of hazardous waste it is subject to the regulations of the US EPA or authorized State agency.
  • When offered for transportation and transported in commerce – assuming the hazardous waste is not treated or disposed onsite – the container/packaging is subject to the regulations of the US DOT.

The US EPA’s regulations for the onsite management of hazardous waste in containers are located at 40 CFR 265, Subpart I referred there from §262.34 they include basic requirements such as the container must be in good condition, compatible with its contents, kept closed when not filling or emptying, inspected, managed to prevent ruptures and leaks, and separated from incompatible waste.

The US DOT’s regulations for the transportation of that same hazardous waste are more descriptive and specific than those of the US EPA without necessarily being more restrictive.  This is because the hazardous waste will now leave your property and begin a journey of unknown duration and distance until it reaches its designated facility.  It is important that you are aware of the applicable regulations of the US DOT when selecting a container for the accumulation of your hazardous waste (the selection of the container for a hazardous material or a hazardous waste is known as a Pre-Transportation Function and must be done by a trained HazMat Employee) if you intend to offer the hazardous waste for shipment.

Begin at 49 CFR 173.24 – General Requirements for Packagings and Packages of the US DOT regulations to ensure the selection of the correct packaging.  This section is applicable to bulk and non-bulk packagings, new packagings and reused, and specification and non-specification packagings.  It requires that every packaging used for the shipment of a hazardous material  be designed, constructed, maintained, filled, limited to its contents, and closed, so that under the normal conditions of transportation there is…

  • No release to the environment.
  • No loss of effectiveness of the packaging due to normal conditions of transportation (temperature, humidity, pressure, shocks, loadings, vibrations, etc).
  • No mixture of gases or vapors in the package which could damage it.
  • No hazardous material residue on the outside of the package.

In addition to the above, a packaging must be authorized for a hazardous material shipment as specified in Column 8 of the Hazardous Materials Table (§172.101) and as otherwise required by §173.24(c,d).  You’ll have to refer to §173.24(c,d) for the full list of applicable parts and sections as its just too much to list.

The container must be closed properly and, no matter what the regulations require, it is the responsibility of the Shipper to ensure the packagings are compatible with their contents.

Column 8 of the Hazardous Materials Table entry for a Packing Group I (highest degree of danger) Flammable Liquid references §173.201 – Non-Bulk Packagings for Liquid Hazardous Materials in Packing Group I which includes the types of packagings (steel drum, fiber drum, steel box, plastic, etc.) authorized for the shipment of the applicable hazardous material.

Years ago, employed as a truck driver for Laidlaw Environmental Services I would have sworn up and down that you could not use a plastic container for the accumulation and transportation of a hazardous waste.  I now know that – at least according to the Federal regulations of the US DOT & US EPA – such a thing is acceptable.

Attend my training, ask your questions, and see what you learn.