Before we begin…

• IBC is an intermediate bulk container.
• Hazard communication on an IBC can be complex and includes several options. One option is to display the hazard communication (labels and marks) on the IBC in the same manner as on a non-bulk packaging. Read: HazMat Labels, Markings, and Placards on an Intermediate Bulk Container
• 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).
  • The transport vehicle contains a bulk packaging (e.g., IBC) and the identification number is not visible. Read: Q&A: Does a bulk packaging require the display of the HazMat’s identification number on the vehicle?
  • The transport vehicle contains a large amount of a single HazMat in a non-bulk packaging. Read: Vehicle Marking Requirements for Large Quantities of a Single Hazardous Materials in Non-Bulk Packagings

Question:

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.

Follow-up and confirm:

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.

Got it. Appreciate the insights!

Final answer:

That is correct!

An email I received 10.21.20:

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.

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.

So let’s break it down…

• 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!

Notice anything strange?

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.
• There are special requirements and options for the display of hazard communication on IBCs in part 172 of the HMR.

Conclusion:

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.

June 11, 2020:

Daniel

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.

Still June 11th, my reply:

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.

Also…

It didn’t come up in this Q&A, but check to see if your state has adopted the USEPA’s Final Rule including aerosol cans as a universal waste.

I hope this helps. Please contact me with any other questions.

And, the next day, her final reply:

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.

Question (12.08.17):

Hi Daniel

We have about forty 1,000 pound super sacks that we need to ship for disposal before the end of the year.

They will ship as Environmentally hazardous Substance Solid nos UN 3077.

Waste codes D007 and D011 (due to toxic levels of chromium and silver, respectively).

Looking at the 172.101 table (the hazardous materials table at 49 CFR 172.101) we can ship using IP3 = flexible IBC must be sift-proof and water-resistant. (IP3 is a special provision code found in column 7 of the hazardous materials table).

Read: What are special provisions in the USDOT/PHMSA Hazardous Materials Regulations?

I think that is all we need. They do not need to be otherwise UN rated sack.

Am I right?

Thanks

Before I could answer he provided more information (12.08.17):

I was just told that since it is a hazardous waste that we should ship as a hazardous waste, not hazardous substance name so we are not allowed IP3 and must follow IB8.

Thoughts?

My answer (12.08.17):

I believe I have an answer to your question below.

• I do not believe the HazMat you describe can be classified as UN3077, Environmentally hazardous Substance, Solid, n.o.s. This is because special provisions code 146 in column 7 for that entry reads as follows (emphasis added):

This description may be used for a material that poses a hazard to the environment but does not meet the definition for a hazardous waste or a hazardous substance, as defined in §171.8 of this subchapter, or any hazard class, as defined in part 173 of this subchapter, if it is designated as environmentally hazardous by another Competent Authority. This provision may be used for both domestic and international shipments.

• Since this HazMat is a hazardous waste (USEPA hazardous waste codes D007 & D011) and will likely be an reportable quantity (RQ) of a hazardous substance for one or both, it can’t be shipped as UN3077, Environmentally hazardous substance, solid, n.o.s.
• Instead, I believe, it must be classified as: NA3077, Hazardous waste, solid, n.o.s., 9, PG III.
• Both UN3077 and NA3077 are subject to special provision code IB8 which indicates the need for specification packaging when shipping in an IBC (intermediate bulk container).
• UN3077 alone is subject to IP3 which is in addition to IB8 and not a replacement for it.
• Both UN3077 and NA3077 are subject to bulk packing instructions at 49 CFR 173.240. While these packing instructions allow for non-DOT specification rail cars (paragraph a), motor vehicles (paragraph b), and portable tanks and closed bulk bins (paragraph c), it requires specification packaging for IBCs (paragraph d).
• In short, this HazMat must be classified as NA3077, Hazardous waste, solid, n.o.s., 9, PG III and if shipped in an IBC must be packed in a DOT specification packaging.

I hope this helps. Please contact me with any other questions.

Conclusion:

That did it!