Question1:

If I have a single 55 gallon drum that weighs over 882 is it considered a bulk… Hold it right there!

Answer1:

In an earlier article I addressed the false premise contained in that first question and explained that the packaging described (55-gallon drum) is not a bulk packaging and is violation of the HMR if it has a maximum net mass of more than 882 lbs; I suggest you read that article first (Q&A: Is a 55-gallon drum that weighs more than 882 pounds a bulk packaging?). In this article I’ll answer the remaining questions poased as if it is a bulk packaging (it isn’t).

Question2:

“…and would it require a un number…”?

Answer2:

“…and would it require a un number”?

• Yes. The HazMat’s identification number must be marked on both a bulk and non-bulk packaging.
• There are several options for the display of the identification number on a bulk packaging:
  • A bulk packaging with a capacity of 3,785 L (1,000 gal) or more must display the identification number on all four sides.
  • A bulk packaging with a capacity of less than 3,785 L (1,000 gal) may display the identificatin number on only two opposing sides.
  • There are several options for the display of hazard communication on an intermediate bulk container (IBC).

Question3:

“next question if I have a bulk container that requires a un number but I also have non bulk waste under the same un number do I have to placard my trailer with both the un number and a class placard or will the un number cover both.”?

Answer3:

• Both the placard and identification number must be displayed on the vehicle.
• If the identification number displayed on a bulk packaging is not visible in transportation, e.g., it is inside a cargo trailer, then it is necessary to display the identification number on all four sides of the vehicle.
• A bulk packaging containing any amount of any HazMat requires the vehicle to display the applicable placard for the HazMat on all four sides of the vehicle.
• In this case the vehicle must display the identification number and the applicable placard for the HazMat in the bulk packaging. This can be displayed in one of three ways:
  • The identification number may be displayed on the placard.
  • The identification number may be displayed near the placard on an orange panel.
  • The identification number may be displayed near the placard on a white square-on-point.

• If an identification number is displayed on a vehicle it must represent all of the HazMat of that Class in the vehicle. Since you indicate you have a bulk and non-bulk packaging of the same identification number, a placard representing the Class and the identification number must be displayed on all four sides of the vehicle. Read: When not to Display and ID# on a Vehicle

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

Conclusion:

A tough question because the inquisitor started with an incorrect understanding that its OK for a 55-gallon drum to weigh more than 882 lb – it’s not!

Sometimes knowing the right question to ask requires a basic understanding of the USDOT/PHMSA Hazardous Materials Regulations. My monthly HazMat Employee Training Webinars can do just that.

Question1:

Hello,

I was hoping to get some clarification on this. I have highlighted the section in red that I am questioning. If I have less than 2,205lbs of just one type of hazard identified in table 2, non-flammable gas 2.2 to be exact, then it doesn’t need to be placarded? Or does it if it is over 1,001 lbs? It seems like the 1,001 lbs rule applies if you are combining 2 or more hazards identified in table 2?

https://www.govregs.com/regulations/49/172.504

(b) DANGEROUS placard. A freight container, unit load device, transport vehicle, or rail car which contains non-bulk packages with two or more categories of hazardous materials that require different placards specified in table 2 of paragraph (e) of this section may be placarded with a DANGEROUS placard instead of the separate placarding specified for each of the materials in table 2 of paragraph (e) of this section. However, when 1,000 kg (2,205 pounds) aggregate gross weight or more of one category of material is loaded therein at one loading facility on a freight container, unit load device, transport vehicle, or rail car, the placard specified in table 2 of paragraph (e) of this section for that category must be applied.

(c) Exception for less than 454 kg (1,001 pounds). Except for bulk packagings and hazardous materials subject to § 172.505, when hazardous materials covered by table 2 of this section are transported by highway or rail, placards are not required on

(1) A transport vehicle or freight container which contains less than 454 kg (1001 pounds) aggregate gross weight of hazardous materials covered by table 2 of paragraph (e) of this section; or

(2) A rail car loaded with transport vehicles or freight containers, none of which is required to be placarded.

Answer1:

Thank you for contacting me. I will try to answer your question below.

• The text highlighted in red applies to two separate placarding scenarios.
• 49 CFR 172.504(b) applies to the use of the DANGEROUS placard.
• §172.504(c) is an exception from the general placarding requirements of §172.504(a).
• If a vehicle contains less than 454 kg (1,001 lb) of a table 2 HazMat (e.g., Division 2.2), in a non-bulk packaging, placards are not required to be displayed on the vehicle.
• The DANGEROUS placard may be used when two or more HazMat of Table 2 in non-bulk packaging that require the display of placards are transported at the same time. The text you highlight in red states that if 1000 kg (2,205 lb) of HazMat is loaded at one facility, it must be placarded separately (per its own placarding requirements) and is not covered by the DANGEROUS placard.

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

Question2:

Daniel,

Thank you for your response. So you are saying as long as we have under 1001 lb. of 2.2 cylinders we do not have to placard? Each cylinder weighs 60lbs. If we go over that weight threshold then we would have to placard? Can you have 1001lb in a pickup and 1001lb in a trailer behind it? Or 1001lb per combination?

Thanks!

Answer2:

Please see below.

• Correct. The placarding threshold for a Division 2.2 in a non-bulk packaging is 454 kg (1,001 lb) or more.
• A pickup towing a trailer are subject to the USDOT/PHMSA Hazardous Materials Regulations as two separate transport vehicles. Each with its own placarding requirement. Therefore, if you had 1,000 lb of Division 2.2 in the pickup and 1,000 lb of Division 2.2 in the trailer (both in non-bulk packagings) then no placards are required on either.
• A person operating a vehicle that does not require the display of placards does not require the HazMat endorsement on their CDL. They would require HazMat Employee Training with the additional component of Driver Training.

Please contact me with any other questions.

Conclusion:

Question:

If our shipments never require placards do we need to have placards available?

Answer:

That’s a good question. Please see below.

• The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety administration within the U.S. Department of Transportation (USDOT/PHMSA) require the shipper to provide placards to the driver unless the motor vehicle already displays the required placards. [49 CFR 172.506(a)]
• A shipper that offers hazardous materials (HazMat) for transportation in quantities that require the display of placards on the vehicle should therefore have a supply of the applicable placards in order to be able to provide them to the carrier if necessary.
• Nowhere does the HMR require the shipper to maintain a supply of placards.
• I have read of a shipper fined because it did not have a supply of placards for the HazMat they shipped. Unfortunately, I don’t have documentation for this.
• If you do not ship any HazMat that requires the display of placards, then you will never be required to provide placards to the driver and therefore you are not required to maintain a supply of them.
• Also, the requirement to provide placards to the driver at 49 CFR 172.506(a) applies solely to the HazMat you offer for transport, not to the combination of your HazMat and what is currently or will later be loaded on the vehicle.

• Note: even though the consignment does not require the display of placards, the requirement to provide HazMat Employee training for personnel with a direct affect on its safe transportation remains.
• In conclusion: No. A shipper is not required to maintain a supply of placards regardless of whether or not it may offer for transport a type or quantity of HazMat that requires the display of placards.

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

It all began with a telephone call on November 18, 2020:

We receive hazardous materials delivered to our facility in a freight container. The freight container displays the required placards. The carrier deposits the freight container at our facility and departs. We unload the HazMat from the freight container over the next few hours. When making the next delivery the carrier retrieves the now empty freight container and take it I know not where.

It is been an ongoing argument with the carrier as to who is responsible for removing the placards from the empty freight container. They are displayed so high on the freight container that any effort by us to remove or deface them requires use of a ladder and safety issues we don’t wish to deal with. The driver refuses to remove the placards. The carrier will not pick up the empty freight container unless all of the placards are removed or covered up.

What are our options? Can the empty freight container be transported with the placards displayed? Are we responsible for removal of the placards? Or, is it the responsibility of the driver / carrier?

Please help us resolve this issue!

My reply:

Thank you for contacting me. Please see below for guidance:

• Unfortunately, there are no clear directions in the hazardous Materials Regulations (HMR) to indicate who is responsible for the removal of hazard communication (e.g., placards, marks, labels) from any HazMat packaging or the freight container. However, 49 CFR 171.2 requires all forms of hazard communication to be removed from a package or vehicle if the HazMat is no longer present. Thus, all placards must be removed prior to transportation of the empty freight container. (LOI 03-0251)
• Most responsibilities for the preparation of a HazMat and its packaging for transportation fall on the shipper (aka; the person who offers or the offeror of the HazMat). In this situation the empty freight container is being re-offered for transportation. It is the person who re-offers it for transportation that must ensure any existing placards not applicable to the current load are removed. (LOI 05-0050)

So…

• The placards must be removed prior to transportation of the empty freight container.
• This must be done by the person who re-offers the freight container for transport (i.e., the shipper).

Answer: It depends. Whoever arranges for the transport of the freight container once empty is the shipper and is therefore responsible for removal of the placards unless they have an agreement with someone else, e.g., the carrier or some other third party, who will perform all the responsibilities of the shipper or just that specific function.

It is not a clear-cut answer, but I think it is all we will get.

Conclusion:

Unfortunately, the requirements, responsibilities, and directives of the HMR are not always clear. In this situation, it hinges on one question: “Who is the shipper?” If you are the shipper of a HazMat, the carrier, or simply receive HazMat, you are subject to the regulations of the USDOT/PHMSA and require some form of HazMat Employee training.

A question, September 16, 2020:

Subject: placards

Message Body:
Sir:    If i pick up a propane truck (26,000 lb) with a new tank on it from the factory and it has the sticky placards on it can i cover them up to transport the truck to the destination?   I have a tank endorsement but no hazmat.  thank you.

My reply that same day:

As long as the cargo tank does not contain any HazMat at all. Not even the residue of the HazMat. Not even vapors. If you open the cargo tank and smell nothing but that fresh factory smell, then yes, you must cover up or remove the placards during transportation.

If any residue of the HazMat remains – even just vapors – then transport must be as fully-regulated, including the HazMat Endorsement on the CDL.

I hope this helps.

Please read:

• Transport of Empty Packagings and the Need for HazMat Labels, Placards, Markings, &etc.
• “Emptying” a Hazardous Materials Packaging
• USDOT Requirements for the Shipment of Empty HazMat Packagings

Please contact me with any other questions.

He had one more question for me (09.21.20):

I have one more question for you if you don’t mind. Can a state superseded any hazmat laws? If so would you have any idea what the fine would be?Also would the drivers license would be impacted if he violates any hazmat laws? Thanks again for your help.

I had another reply:

Good questions. See below.