Hello I have been asked to transport IBC containers containing trace (essentially empty) amounts of several types with id #1789/1790/1835/2031 am I correct in assuming they should still be identified by their numbers on the outside of my trailer even though they are in small quantities? I am in New York…
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You are correct. A bulk packaging (e.g., IBC or intermediate bulk container) that contains even trace amounts of a HazMat is subject to full USDOT regulations. This includes but is not limited to the following:
Placards and the HazMat’s identification number displayed on all four sides of vehicle.
Hazard communication including labels & marks on the packaging.
Another driver with a question. I’m glad he/she contacted me and I’m glad I was able to answer their question. HazMat transportation is too important to risk a non-compliance.
Scope and Applicability:
The above answer is derived from the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
The USDOT/PHMSA Hazardous Materials Regulations identify three situations when a HazMat’s identification number must be displayed on a transport vehicle.
The transport vehicle itself is a bulk packaging (e.g., cargo tank, rail tank car).
If I opt to label an IBC as opposed to placard, and I mark in accordance with 49 CFR 172.301(a)(1), am I still required to display the UN ID marking on the outside of the transport unit as in §172.331(c)?
Answer:
Thank you for contacting me. Please see below.
Yes.
49 CFR 172.331(c) refers to the ID # on a bulk packaging. If the ID # on the bulk packaging is not visible when it is in or on the transport vehicle or freight container, then the ID # must be displayed on all four sides of the vehicle or freight container and be visible from the direction it faces.
The reference to §172.302(a) instead of §172.301(a)(1) may be confusing, but it is at §172.302(a) where the requirement to display the ID # on a bulk packaging is found along with, “except as otherwise provided in this subpart…” which opens the door for hazard communication as described at §172.301(a)(1).
In the end, the IBC remains a bulk packaging and §172.331(c) is still applicable.
I hope this helps. Please contact me with any other questions.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
I understand. So regardless of how the IBC was actually marked (labeled instead of placarded for instance) the marking is still not visible from the outside, and thus §172.331(c) applies.
Hello, Our company would like to know if the IBCs that are intended to be filled with non hazardous material need to be retested every 2.5 years. Does the DOT require this regardless of Hazardous / non hazardous material in the IBC?
Thank you,
My reply October 22, 2020:
Thank you for contacting me. Please see below.
An IBC (intermediate bulk container) used for the transportation of a hazardous material (HazMat) must be designed, manufactured, tested, and marked to indicate it meets a packaging specification of the USDOT/PHMSA.
The United Nations Performance Oriented Standard (aka: UN Standard) is one of several packaging specifications accepted for use within the U.S. by USDOT/PHMSA.
An IBC that meets the UN Standard must display the UN Standard mark as specified at 49 CFR 178.703. This mark must be visible in transportation.
In order to continue in service, IBCs must be retested and inspected as follows:
Leakproofness testing every 2.5 years if it is designed to retain liquids.
An external visual inspection every 2.5 years to ensure it continues to meet the requirements of the UN Standard.
An internal inspection every 5 years to ensure it continues to meet the requirements of the UN Standard.
UN Standard packaging is not required for non-HazMat.
However…
If a UN Standard packaging is used for a non-HazMat, the packaging is subject to all of the requirements of the UN Standard including the retest and reinspection.
Therefore, if you use a UN Standard packaging for the transportation of a non-HazMat the IBC must continue to be retested every 2.5 years – and more as indicated above – in order to retain its UN Standard. It is a violation to use a packaging marked to indicate it meets the UN Standard when it does not.
Solution:
Use IBCs that do not display the UN Standard mark for transport of non-HazMat.
If UN Standard mark is visible, then obliterate, remove, or securely cover prior to transport of non-HazMat.
I hope this helps. Please contact me with any other questions.
He required clarification:
So, as long as the UN marking is off the tote, it can be shipped?
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Sometimes the USDOT/PHMSA Hazardous Materials Regulations can be tricky; sometimes they don’t make any sense. “Why does it matter if the material in transport is non-HazMat?” My HazMat Employee training can help you to make sense of it all.
The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) regulates the transportation in commerce of hazardous materials to, from, or through the U.S. In its Hazardous Materials Regulations (HMR) it defines and authorizes the use of a variety of packagings for the transportation of hazardous materials (HazMat). Just one of those packagings is the intermediate bulk container (IBC).
Intermediate bulk container (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.
An IBC may be either rigid or flexible. So, it may be self-supporting (maybe stackable) or it might be similar to a plastic bag that is only provided structure by the HazMat it contains.
It must be portable, which makes sense if you’re going to offer it for transportation.
It cannot be a cylinder (for compressed gases) or a portable tank. Here, as elsewhere when defining HazMat packaging, at least part of the packagings definition is based on what it is not.
It must be designed for mechanical handling. Though imprecise, I believe this is the key to the definition of an IBC. In this language USDOT/PHMSA indicates that whatever its appearance, the IBC is not designed to be moved by a person (as may be a drum, box, or jerrican). Instead, an IBC will have hooks, straps, be palletized, or have some other feature that allows it to be moved by equipment such as a fork truck or crane.
And…
An IBC manufactured in the U.S. must be made according to the performance-oriented standards in 49 CFR 178, subpart N and be tested per the requirements of 49 CFR 178, subpart O.
And that’s it!
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The definition does not require an IBC to be a bulk packaging, i.e., have a capacity of more than 450 L (119 gal) even though the name includes the word “bulk”. Neither does the definition specify a minimum or maximum capacity as it does for the large packaging. Therefore, if it complies with the remainder of the definition, an IBC could have a capacity of no more than 1.3 L (5 gal), or less!
Where else is IBC mentioned?
Intermediate bulk container (IBC) is included in the definitions for the following in 49 CFR 171.8.
The definition of cargo tank specifies that it – the cargo tank – is not an IBC.
The definition of a UN portable tank specifies that an IBC may not be a UN portable tank.
49 CFR 173.35 is a section of the HMR dedicated just to the filling and offering for transport of HazMat in IBCs.
IBC is identified as an authorized packaging for a variety of HazMat in 49 CFR 173.
As you can see, the definition of an IBC is both simple and vague. Nowhere, not even in subparts N and O of part 178, does it mandate an appearance or specify a shape or design for the finished packaging. This presents both an opportunity and a challenge:
As an opportunity it allows the shipper to construct an IBC of any shape, size, or capacity to contain its HazMat.
A challenge in that sometimes you may not know if a packaging is an IBC unless it displays one of the packaging type codes designating it as an IBC:
11 for a rigid IBC that discharges solids by gravity.
13 for a flexible IBC that discharges solids by gravity.
21 for a rigid IBC that discharges solids under pressure of more than 10 kPa (1.45 psig).
31 for a rigid IBC designed for liquids.
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I have read your Bulk Packaging for hazmat. I have a questions regarding the aerosol cans packed in an 11G fiber cubic yd boxes (aka: an intermediate bulk container or IBC). You have confirmed placards and UN numbers are not required due to inner containers. If boxes do display placards 2.1 with the 1950 across in the white panel would this be a violation for over placarding?
Thanks for your help.
My reply the same day:
Thank you for contacting me. I will try to answer your questions. Please see below.
I presume you are referring to the following Q&A at the end of the article:
Q: Are aerosol cans loaded in a UN specification bulk packaging, i.e. an 11G fiberboard Intermediate Bulk Container (IBC) subject to the marking, labeling and placarding requirements for a bulk packaging?
A: No. The definition of a bulk packaging specifies that it must contain hazardous materials that are loaded with no intermediate form of containment. The aerosol cans in the 11G box would be a form of intermediate containment and, thus, not considered a bulk packaging. It is interesting that in this situation what may start as a bulk packaging may not continue to meet the definition depending on how it is used.
As a rule, using hazard communication in excess of what is required, as long as the HazMat is present and other conditions are met, is not a violation.
I will need more information about your situation: Are the aerosols in this case being transported as a waste for disposal or recycling?
Please advise.
Some more information on June 11, 2020:
Thanks Daniel for helping me.
I did call the DOT hotline and since the cubic yard box is acting as on overpack for the aerosol cans the placard with the UN number across the middle would not apply. I looked at Large Packaging requirements which do contain inner containers but the 11G IBC does not meet the requirements of a Large packaging since it does not exceed 119 gallons.
We are shipping these for disposal (hazardous waste).
We normally have the yellow haz waste marking with all the generator information, shipping description etc and a 2.1 placard with 1950 across the middle on two opposite sides of the IBC. Would this still be acceptable by DOT or a violation?
Thanks so much for your help.
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I will do my best to answer your question and provide guidance. Please see below.
I believe the Q&A in my article on bulk packaging & your call to DOT confirms the cubic yard box with aerosols is not a bulk packaging. Therefore, it could display the labels and marks as if it is a non-bulk packaging.
Non-bulk packagings must be display labels in compliance with 49 CFR 172, subpart E.
A placard with the ID # displayed on it will not meet the specifications of a label. I believe it would be a violation to display the placard instead of the required label.
However, it is not a violation to use hazard communication in excess of what is required as long as the hazard is present. You could display the placard in addition to the label, but not in place of it.
There is a good exception from full regulation for aerosols shipped for disposal or recycling at 49 CFR 173.306(k). Using it makes discussion of labels and placards on the cubic yard box unnecessary.
Thanks for your help. I start confusing myself when reading and rereading the requirements.
Conclusion:
There’s no shame in admitting you may become confused by the regulations (it happens to me all the time). The solution is to sit down and carefully review the regulations, guidance documents, and interpretation letters of the respective agency until you can finally make sense of it all. Or call me.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
A question from a repeat customer on June 8, 2017. (I’m frequently contacted by customers in the interim between their periodic training to answer questions).
Hi Dan,
I hope this finds you doing well.
During the training session back in April, there was a question raised about “do we need to apply a placard to IBCs or can we use the 4” x 4” labels”. I cannot remember what the answer to this question was.
We ship a number of IBCs of class 8 material not only domestically but also via ocean and today we place a class 8 placard on opposing sides of the IBC. Is this required or can we use the smaller 4” x 4” class 8 label?
Thanks for the help.
Best regards,
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
I can answer part of your question now. The other part will take more time and research. Please see below.
For transportation within the U.S. according to the regulations of PHMSA, there are several options for the marking, labeling, and/or placarding of an IBC. One option available is to mark and label the IBC in the same manner as a non-bulk packaging. This means a single HazMat label (4″ x 4″) near the proper shipping name and the identification number (ID number at least 12 mm high). This article I wrote explains the available options, including the above: How to Mark, Label, and/or Placard an IBC of HazMat.
The requirements for hazard communication on an IBC per the regulations of the IMO are not immediately known to me. I will need to research the answer and reply.
I hope this helps.
He was grateful, but I wasn’t done!
Thanks Dan!!
It took me until the next day to research the Dangerous Goods Code of the International Maritime Organization (IMDG Code):
I now have an answer to the second part of your question. Please see below.
Per the IMDG Code, an IBC of more than 450 L (119 gal) must be marked on two opposing sides (5.2.1.4) and must be labeled on two opposing sides (5.2.2.1.7).
This differs from the domestic regulations of PHMSA which has many options but includes an option to label and mark on only one side.
I hope this helps. Please contact me with any other questions.
His reply the same day (06.09.17):
Hi Daniel,
Thanks for this information. The last part of our question relates to the size. Today we place a placard on each side of the tote but we are wondering if we can use a 4” x 4” label instead. This would be easier and less costly.
Thanks again.
I wished to clarify the information:
In both instances (domestic and international) a 250 mm x 250 mm (approximately 4″ x 4″) HazMat label is acceptable.
Wow! Look at all those exclamation marks! I think I helped him to save his company a lot of money!
Thanks!!!!!!
Interested in site specific training at your site that covers this topic, and more!
This exchange illustrates several important points about the applicable regulations and my services:
The transportation of hazardous materials is subject to a variety of regulations based on its mode – aircraft, vessel, rail, or highway – and its destination – domestic or international.
if you are carrying 2 – totes of sulfuric acid on flatbed rail side truck and the totes are placarded correctly with the un# bulk placards. Does the truck also have to be placarded with the same placards?
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
The answer to your question is yes, the truck must display the required placards in addition to those on the totes if by “tote” you mean an intermediate bulk container or IBC and not a portable tank as your subject line indicates. Please see below.
49 CFR 172.504(a) requires a transport vehicle to display placards on all four sides (i.e. each side and each end) unless the type and quantity of HazMat is excepted from placarding requirements. This is not the case in your scenario.
49 CFR 172.516(a) requires the placards on a vehicle to be clearly visible and allows the required display of placards to be replaced by their display on a freight container or portable tank. An IBC is not indicated as an option for this exception.
49 CFR 171.8 defines a freight container: Freight container means a reusable container having a volume of 64 cubic feet or more, designed and constructed to permit being lifted with its contents intact and intended primarily for containment of packages (in unit form) during transportation.
49 CFR 171.8 defines a portable tank: Portable tank means a bulk packaging (except a cylinder having a water capacity of 1000 pounds or less) designed primarily to be loaded onto, or on, or temporarily attached to a transport vehicle or ship and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means. It does not include a cargo tank, tank car, multi-unit tank car tank, or trailer carrying 3AX, 3AAX, or 3T cylinders.
49 CFR 171.8 specifically defines an IBC as not a portable tank.
The display of placards and package marks (the 4-digit identification number) on the tote (aka: IBC) does not fulfill the requirement to display placards on all four sides of the vehicle.
Conclusion:
I receive questions like this all the time. Sometimes – like this one – I’m surprised by the answer. Make sure you know the regulations before you ship and risk a fine. Contact me with your questions.
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:
Dispense some preliminary information necessary for complete understanding.
Identify the applicable regulations and their meaning.
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.
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).
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.
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Interested in more information about shipping HazMat in IBCs?
Like all packagings used for the transportation in commerce of a hazardous material an Intermediate Bulk Container (IBC) must be authorized for the HazMat it is intended to contain. It must also, unless an exception is used, be designed, manufactured, and tested to meet a specification in the form of the UN standards (UN for United Nations) and be marked to demonstrate this.
Note: Specification packaging for an IBC – like all other non-bulk packagings but unlike most bulk packagings – means the UN standard and not the DOT specification.
