Due to the COVID-19 public health emergency, USDOT/PHMSA issued a notice of enforcement discretion to allow for the filling and transportation of DOT-specification cylinders with Division 2.2 Non-Flammable Gas when overdue for their periodic requalification by no more than 12 months. The cylinder must meet all other requirements of the Hazardous Materials Regulations (HMR).
Issued by: William S. Schoonover / Associate Administrator for Hazardous Materials Safety
The agencies:
Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
Federal Motor Carrier Safety Administration within USDOT (USDOT/FMCSA).
The affected: manufacturers and persons who fill and ship DOT-specification cylinders.
What does the HMR require?
Subpart C of 49 CFR Part 180 of the HMR prescribes the requirements for the continuing qualification, maintenance, or periodic requalification of DOT-specification cylinders.
Pursuant to §173.301(a)(6):
No person may fill a cylinder overdue for periodic requalification with a hazardous material and then offer it for transportation. The prohibition against offering a cylinder for transportation that is overdue for periodic requalification does not apply to a cylinder filled prior to the requalification due date.
Depending on the cylinder type, periodic requalification is required at either a 5-year or 10-year interval.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
PHMSA gives notice that it will not take enforcement action against any person who fills a DOT-specification cylinder used to transport Division 2.2 Non-Flammable Gas if the cylinder is overdue for its periodic requalification by no more than twelve (12) months.
But watch out for this!
The cylinder must comply with all other requirements of the HMR.
This relief applies only to transportation by motor vehicle, and does not extend to transport by air, vessel, or railroad.
Prior to filling and offering for transportation, all cylinders must be inspected in accordance with the applicable Compressed Gas Association pamphlet and requirements of the HMR. Any cylinder that does not pass the prefill inspection criteria must not be filled.
This relief is limited solely to cylinders containing Division 2.2 Non-Flammable Gases.
Where:
This relief applies to persons who fill and ship a DOT-specification cylinder to, from, or through the U.S.
When:
Date of issuance: April 06, 2020.
This Notice is effective while the Department of Health and Human Services determination that a public health emergency related to COVID-19 exists or 90 days from its date of issuance (July 06, 2020), whichever is sooner.
Due to the Coronavirus disease 2019 (COVID-19) public health emergency, many members of the medical and industrial gas industry have experienced difficulty in obtaining cylinders due to the increased demand or a disruption in the normal business model for cylinder exchange.
This enforcement discretion is in response to unprecedented changes in business practices related to the COVID-19 outbreak.
How:
USDOT/PHMSA’s mission is to protect people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives. To do this, the agency establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents.
This document is a temporary notice of enforcement discretion. Regulated entities may rely on this notice as a safeguard from departmental enforcement as described herein. To the extent this notice includes guidance on how regulated entities may comply with existing regulations, it does not have the force and effect of law and is not meant to bind the regulated entities in any way.
The COVID-19 pandemic has disrupted business and the global supply chains they rely on. USDOT/PHMSA is doing its part to ease compliance without sacrificing safety. Including a relief to provide recurrent HazMat Employee training. It’s a delicate balance. I’ve written many articles in the past few months related to the pandemic and the response to it of both USDOT/PHMSA and the U.S. Environmental Protection Agency (USEPA).
Most packagings intended for the transportation in commerce of a hazardous material must be designed, manufactured, and tested to meet either a DOT specification or a UN standard, which is then known as a specification packaging (Don’t confuse “specification packaging” with “DOT specification”, not all “specification packaging” is a “DOT specification” packaging, some may meet a UN standard). A specification packaging must display a specification marking that meets the requirements of both of the following found in Title 49 of the Code of Federal Regulations:
The applicable regulations for the type of packaging; e.g. cylinders, portable tanks, non-bulk, intermediate bulk containers (IBCs), large packagings, and more throughout part 178.
The general specification marking requirements for all packagings found at §178.3
In this article I will identify and describe the requirements of 49 CFR 178.3 – specifically, those of §178.3(a) – for the display of the specification marking – either a DOT specification or a UN standard – on a specification packaging.
From a past attendee of one of my Training Seminars – now defunct – on May 19, 2015:
Dan,
I seem to recall hearing that the EPA does not like the telescoping boxes for used lamps. I can only assume this is because the container may not meet the definition of “closed.” Has EPA given any written interpretation on this? Or better yet, do you know of a better method for storing 8-ft used fluorescent lamps that is better than standard 8-ft lamp boxes, is easier to access, and meets the closure rule?
Thanks,
My reply later that same day:
I have not heard anything like that from USEPA or any state. I confess, though that I am not certain of what you mean by “telescoping boxes”. USEPA regulations at 40 CFR 273.13(d) read as follows (emphasis mine):
(d) Lamps. A small quantity handler of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.
Any container should do for the on-site accumulation of universal waste lamps as long as it complies with the general requirements cited above.
I have seen facilities – not that this means they were in compliance, but I think it would be OK – using PVC piping cut to length (~9 ft), sealed on one end and fitted with a removable cap on the other.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
My inquirer provides additional information (May 20, 2015):
Dan,
Thanks for the response. A telescoping box is essentially 2 boxes that interlock onto each other and adjust to the length of the item stored. For an example see following link:
OK. I took a look at the telescoping boxes, and it appears OK to me. I think you are OK as long as you comply with 40 CFR 273.13(d) unless an inspector tells you different.
Dan
It took him a while to reply, but on June 24, 2015:
Dan,
Yes that’s fine. Another question…
Well, that other question will be used in an article to follow later.
Though Handlers of universal waste are not require to “train” their employees the same way they are to train hazardous waste personnel, it is not a bad idea to provide some type of training on how to handler universal waste and what to do in the event of a spill or other emergency. This is what I do in my Onsite Training for Hazardous Waste Personnel.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The reuse, reconditioning, and remanufacture of hazardous material packagings (both bulk and non-bulk) is addressed at 49 CFR 173.28 of the PHMSA/USDOT Hazardous Material Regulations. In general packagings and receptacles (bulk and non-bulk) used more than once must be in good condition and comply with all of the requirements of the HMR for HazMat packaging; including closure devices and cushioning materials. Before reuse, each packaging must be inspected by the Shipper and may not be reused unless free from incompatible residue, rupture, or other damage which reduces its structural integrity. Packagings not meeting the minimum thickness requirements prescribed in 49 CFR 173.28(b)(4)(i) may not be reused or reconditioned for reuse, though they may be acceptable for remanufacture. §173.28 goes on to identify the specific requirements and restrictions for the reuse, reconditioning and remanufacture of non-bulk packagings for the transportation of hazardous materials. §173.28(b)(6) however, contains an exception from this regulation for the reuse of a non-bulk packaging for the shipment of a hazardous waste.
When transported, a container of hazardous waste is subject to the regulations of the PHMSA/USDOT and the USEPA.
My inquirer provides additional information (May 20, 2015):
