Shipment of HazMat

Exception to the Segregation Restrictions of 49 CFR 177.848 for Lab Packs of Hazardous Waste

49 CFR 173.12 contains many exceptions to full regulation for shipments of hazardous waste in a lab pack.  In an earlier blog post I discussed the exception in 173.12(d)that removes the need to include the technical name of a hazardous material when shipping lab packs of hazardous waste with a generic shipping name such as:  Waste Flammable Liquid, n.o.s.  This article will focus on the relief from the requirements to segregate HazMat -including hazardous waste – in transportation, found in 173.12(e).

If the requirements of this section are met – more on that below – then lab packs of hazardous waste are not subject to the segregation requirements of…

  • 49 CFR 174.81(d) for shipments by rail,
  • 49 CFR 176.83(b) for shipments by vessel, or;
  • 49 CFR 177.848(d) for shipments by highway,

The purpose of the segregation restrictions is to prevent the transportation, or storage in transportation, of hazardous materials that may be incompatible and thus pose an unreasonable risk to life, property, or the environment.  However, PHMSA has determined that if packaged properly, the small volumes of hazardous waste in a lab pack can be transported safely without these restrictions.

Note that this exception to the segregation requirements does not apply to shipments by air.  In that case, the requirements of the International Air Transport Association (IATA) must be complied with in addition to and separate from the regulations of the PHMSA/US DOT.

To be subject to the exception, the hazardous waste must be packaged as a lab pack.  The PHMSA doesn’t define a lab pack, instead it refers you to the Appendix C Glossary of the RCRA Compliance Manual 2011 which defines a lab pack as “Drums filled with many small containers packed in non-biodegradable absorbent materials.”   This type of packaging is most commonly used when a hazardous waste generator – not necessarily a “lab” – has many small containers of hazardous waste for disposal.

To use the exception, the lab pack must meet the requirements of 49 CFR 173.12(b) which first specifically identifies the hazardous wastes that may not take advantage of this exception or any other found in this section, they are:

  1. A material poisonous-by-inhalation
  2. A Division 6.1, Packing Group I material
  3. Chloric Acid
  4. Oleum (fuming sulfuric acid)

173.12(b) goes on to identify the Class and Division of lab packed hazardous waste that are authorized to use this exception as long as they are packaged in combination packagings as required by this section (see below) and are shipped for disposal by highway, rail, or cargo vessel; they are:

  • Class 3 Flammable or Combustible Liquid
  • Division 4.1 Flammable Solid
  • Division 4.2 Spontaneously Combustible
  • Division 4.3 Dangerous When Wet
  • Division 5.1 Oxidizer
  • Division 5.2 Organic Peroxide
  • Division 6.1 Poison
  • Class 8 Corrosive
  • Class 9 Miscellaneous

What are the combination packaging requirements of this section that must be used if the hazardous waste lab packs are to utilize the exception?  Well, briefly…

The inner packaging must either be glass of ≤4 L (1 gal) rated capacity or metal or plastic of ≤20 L (5.3 gal) rated capacity.  Inner packagings of liquids must be surrounded by a chemically compatible absorbent material sufficient to absorb the liquid contents.

The outer packaging may contain only one Class of waste material, may not contain incompatibles (ie. acid and base, some organic and inorganic, etc.), and it must be a type of packaging listed in 49 CFR 173.12(b)(2)(ii).  Note that the US EPA land disposal restrictions at 40 CFR 268.42(c) limit the packaging/container you may use if the entire lab pack is going straight to landfill or incineration.  By and large a open-top steel drum of at least packing group III condition will be OK.  Also The gross weight of the combined packaging (inner & outer packaging, absorbents and contents) may not exceed 205 KG (452 lb).

So, before you prepare a lab pack of hazardous waste for off-site shipment, ask yourself, “Is it…

  • not a prohibited material?
  • an authorized Class or Division?
  • to be shipped by highway, rail, or cargo vessel?
  • packaged in compliance with combination packaging requirements of 49 CFR 173.12(b)(2)(ii)?

If you answered ‘yes’ to all of the above, then lab pack shipments of the hazardous waste are not subject to the transportation segregation restrictions if they also are blocked and braced so that they are separated from incompatible materials by at least 4 feet horizontally and maintained at least 4 inches off the floor of the vehicle.

I suggest you read 173.12(e) as necessary for a full description of additional requirements for shipments of the following incompatible materials.

  1. The vehicle may not contain Class 1 explosives, Class 7 radioactive, or uncontainerized hazardous waste.
  2. Waste cyanides and waste acids must be packaged as specified in 173.12(e)(2).
  3. Waste Division 4.2 Spontaneously Combustible and Class 8 Corrosive Liquids must be packaged as specified in 173.12(e)(3).
  4. Waste Division 6.1, PG I, Hazard Zone A Poison Inhalation Hazards and Class 3, Class 8 liquids, or Division 4.1, 4.2, 4.3, 5.1, and 5.2 materials must be packaged as specified in 173.12(3)(4).
In the scope of a blog post like this, and with so many variable possible, I can only hope to outline the regulations and point you in the right direction to find the answer for yourself.  If you ship lab packs of hazardous waste, you should make you and your HazMat Employees very familiar with 49 CFR 173.12.

 

Management of Alkaline Batteries

Batteries are one of those items that we are so used to seeing in our home life, that we sometimes forget that these can be generated as a waste at our place of work.  In the course of a day you may unknowingly come into contact with many different types of batteries in a variety of applications:

  • Rechargeable lithium batteries in your laptop or cellphone.
  • Dry cell lead acid batteries as back-up electricity sources for emergency signs and lighting.
  • Liquid-filled lead acid batteries in your car or your company’s fork-truck.
  • Disposable dry-cell alkaline batteries in your flashlight.

My goal for this article is to provide guidance on the US EPA and US DOT requirements for dry-cell alkaline batteries, but I will briefly address the regulatory requirements for other batteries as well.

When spent, you’re responsible to determine if your batteries are a  hazardous or non-hazardous waste.  In other words:  make a hazardous waste determination for your batteries per the US EPA hazardous waste regulations of40 CFR 262.11.  This is something you must do on a case-by-case basis, but you can presume the following:

Hazardous waste:

  • Lead acid (liquid or dry) – D008 for lead.
  • Nickel/cadmium (or NiCad) – D006 for cadmium.
  • Lithium – D003 for reactivity.
  • Silver ion – D011 for silver.

Non-hazardous waste:

  • Dry cell alkaline batteries (D, C, AA, AAA, 6 volt, & 9 volt).

If your spent batteries are a hazardous waste you have three options for on-site handling and off-site disposal:

But I said this article would be about dry-cell alkaline batteries so let’s get back to them.  Your options for disposal of these batteries as a non-hazardous, solid waste are:

Throw in trash: if non-hazardous and not generated as a by-product of an industrial process, you may be able to dispose of alkaline batteries in the trash the same as you do the trash from your front office, break rooms and other non-production areas.  I don’t recommend this, and your state, municipality or county, and the landfill operator may not like it either.  I suggest you speak with all of them before you choose this option.

Handle as universal waste:  this is OK, but technically incorrect since the regulations at 40 CFR 273.2(b)(3) limits the universal waste option only to batteries that are a hazardous waste.  Alkaline batteries do not meet the US EPA definition of a D002 corrosive waste since they are solid.  Your state may differ from the US EPA in the definition of a corrosive hazardous waste and in that case, an alkaline battery might be a hazardous waste and therefore eligible for handling as a universal waste.  I have not heard of the US EPA or any authorized state environmental agency complaining if alkaline batteries are disposed of as universal waste.

Other off-site recycling:  if the universal waste option does not work, then I suggest you find a company able to recycle your batteries.  There are many companies out there and they provide accumulation containers and shipping instructions as well.

This brings us to the final hurdle and that is the US DOT requirements for off-site shipments of alkaline batteries.  As recently as 2008 the PHMSA within the US DOT indicated that alkaline batteries (AA, D, and C cell) though not subject to the Hazardous Materials Regulations for transportation were required to be, “securely packaged and offered for transportation in a manner that prevents the dangerous evolution of heat (for example, by effective insulation of exposed terminals)” (49 CFR 172.102, special provision 130).  This meant (note past tense) that the terminals of alkaline batteries had to be covered with non-conductive tape or each battery individually bagged.

But hold on, in separate tests in the summer of 2009 petitioners to the US DOT proved that even in the most extreme circumstances, the batteries in question could not generate enough heat to be a hazard in transportation.  US DOT agreed and indicated that no alkaline batteries of 9 volt or lower – which includes (AA, AAA, C, D, 6-volt, & 9-volt) arenot subject to the hazardous material regulations.  I could not find the petitions and DOT response on-line, but these two agency interpretations refer to the original documents and confirm the US DOT’s position (09-0150R &09-0090R).

The hazardous batteries are, of course, subject to the HMR and some such as lithium batteries have very restrictive regulations for transportation.  You will have to research this further or wait for me to write an article on them too.

Alkaline batteries are not a hazardous waste per the regulations of the US EPA and they’re not a hazardous material (HazMat) per the regulations of the US DOT.  You could throw them in the trash if you want and no one could stop you, but I strongly suggest you don’t.  Find a reputable recycler, arrange for on-site collection of your batteries, and educate your employees to ensure their proper accumulation, transportation, and disposal.

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Applicability of the HMR to HazMat Unloading Operations

A HazMat Employee is defined at 49 CFR 171.8 as a full-time, part-time, temporary, or self-employed person who in the course of employment directly affects hazardous materials transportation safety.  This includes but is not limited to persons who:

  • Load, unload, or handle hazardous materials.
  • Design, manufacture, inspect, recondition, or repair hazardous material packagings.
  • Prepares hazardous materials for transportation.
  • Is responsible for safe transportation of hazardous materials.
  • Operates a vehicle used to transport hazardous materials.

The above definition may not be as complete as you may wish since it does not identify specific activities that meet the definition of a HazMat Employee.  Yet, you as the HazMat Employer have the responsibility to…

  1. Identify which of your operations are subject to the US DOT Hazardous Material Regulations (HMR).
  2. Determine which employees meet the US DOT definition of a HazMat Employee.
  3. Train, test, and certify your HazMat Employees every three years pursuant to 49 CFR 172, Subpart H.

This article will focus on one aspect of handling hazardous materials in transportation, that of unloading hazardous materials from the vehicle into your facility.  Below are three scenarios at a “Company A” and an explanation of how each may or may not be subject to the HMR and whether or not its employees are HazMat Employees.

Company A receives hazardous materials in a variety of forms:

  1. 55-gallon drums (non-bulk packagings) and 300-gallon portable tanks (bulk packagings) delivered by semitrailer to its Receiving Dock.  Company A’s employees assist the driver in the transfer of packagings from the vehicle into its facility.
  2. 5,000-gallon semitrailer tanker (cargo tank motor vehicle or CTMV) unloads bulk quantities at its tank farm.  While unloading operations are handled by the driver of the CTMV, a Company A employee supervises the process.
  3. 22,000-gallon railroad tank cars are detached from the train by railroad personnel, moved onto a private spur owned by Company A, and left for facility personnel to unload.

First, you must understand which activities are subject to the Hazardous Material Regulations (HMR).  Pursuant to49 CFR 171.1(c), the full HMR apply to the transportation in commerce of a hazardous material and each person involved in that process.  “Transportation” means the movement of property and loading, unloading, and storage incidental to that movement.  “Unloading incidental to movement” means removing a package or containerized hazardous material from a transport vehicle.  It also includes the emptying of a bulk packaging, such as a CTMV after it has been delivered when the performed by the driver or in his/her presence.   This last part is critical.  If the driver is not present for the unloading of the vehicle, the activity does not meet the definition found at 49 CFR 171.8 of “Unloading incidental to movement” and therefore, the activity – though in all other ways similar to “Unloading incidental to movement” – is not subject to the HMR and the employees involved in unloading cannot be HazMat Employees.  Read on…

In example #1 above, the unloading of the non-bulk and bulk packagings from the semitrailer meets the definition of “Unloading incidental to movement” since the driver of the vehicle remains on-site during the process.  It is therefore subject to regulation under the HMR.  Any of Company A’s employees involved in the unloading of that vehicle, including direct supervisors of employees involved, meet the definition of a HazMat Employee.

Example #2 is also subject to the HMR since the unloading of a bulk packaging while the driver is present meets the definition of “Unloading incidental to movement”.  This is a bit more of a challenge for some companies since they argue that the driver is responsible for the unloading and their employees are only there to ensure company policies and procedures are followed.  No matter, any Company A employee involved in the unloading of a bulk packaging while the driver is present will meet the regulatory definition of a HazMat Employee.

Example #3 differs from #2 in that the railroad personnel detach the tank car from the train and leave it for Company A employees to unload after the railroad personnel have left the property.  This operation does not meet the definition of “Unloading incidental to movement” since no “carrier personnel” (ie. railroad personnel) are present during the unloading.  Therefore, the unloading is not subject to the HMR – though the regulations of OSHA and US EPA may apply – and the Company A employees involved in unloading the railroad tank car are not HazMat Employees.

A US DOT interpretation letter that formed the basis of this article can be found here.

This article looks at only three examples of HazMat transportation activities in the identification of HazMat Employees; you may likely have many more.  If you offer hazardous materials – including hazardous waste – for shipment, then it is likely you have operations that meet the definition of “Loading incidental to movement” which are subject to the HMR and involve HazMat Employees.

You can learn more about who is a HazMat Employee at your facility, what training is required, and receive the required training yourself all in the afternoon session of my one-day public training events held nationwide and year-round, see here for a schedule.  The morning session meets the US EPA training requirements for RCRA Personnel employed by Large Quantity Generators of hazardous waste identified at 40 CFR 265.16.  So, in one day you will meet the training requirements of both the US EPA and the US DOT and learn a lot more about these critical regulations.

US DOT Requirements for the Shipment of Empty HazMat Packagings

US DOT Requirements for the Shipment of Empty HazMat Packagings

It’s quite likely that at one time or another you have had to deal with the off-site shipment of empty packagings.  Most manufacturing facilities experience this when they empty various non-bulk (usually 55-gallons or smaller) packagings of their contents and then either return them to the supplier or send to them to a facility for reconditioning, remanufacture, or reuse.   If these packagings contained a hazardous material as defined by US DOT, then the shipment is subject to the requirements of the Hazardous Materials Regulations (HMR).  However, the HMR includes an exception from full regulation if the provisions of 49 CFR 173.29 are met.  Whatever your situation, a good understanding of the provisions and exclusions for shipment of empty packagings will help ensure you maintain compliance with US DOT regulations.

You must first understand that an empty packaging containing only the residue of its original hazardous material contents is subject to the same requirements of the HMR as it was when it contained a greater quantity (i.e. when it was full).  This includes use of the four hazard communication methods:  shipping papers, placards, labels, and markings; and the training required in 49 CFR 172, Subpart H for the HazMat Employees who prepare the empty packagings for shipment.  The two most useful exclusions in 49 CFR 173.29 can be found in paragraphs (b) & (c) and are explained below.  While paragraph (b) excludes the shipment from all of the HMR, it also contains the most restrictive provisions to gain that exclusion.  Paragraph c excludes the shipper from only some of the HMR, but is much easier to comply with.

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A close reading of 49 CFR 173.29(b) reveals that your empty packaging shipment – bulk and non-bulk – is not subject to any requirement of the HMR if you are able to meet all of the following provisions, as applicable:

First, any hazard communication method that identifies the empty packaging as containing a hazarous material (i.e. marking, labels, placards, etc.) are removed, obliterated, or securely covered in transportation.  Note that the requirement to remove all hazard communication is not necessary if the packagings are shipped in a transport vehicle or freight container, are not visible in transportation, and are loaded by you – the shipper – and unloaded by you or the consignee – the destination facility.

Second, the empty packaging is either unused, sufficiently cleaned of residue and purged of vapors to remove any potential hazard, or is refilled with a non-hazardous material such that any residue now won’t pose a threat.  Note that “cleaned of residue and purged…” and “now won’t pose a threat” is intentionally not defined by regulation.  It is your responsibility as the shipper to ensure these provisions are met.

Third, if the empty packaging contains only the residue of an ORM-D Consumer Commodity,  a Division 2.2 non-flammable gas described in 49 CFR 173.29(b)(2)(iv)(B), or the residue does not meet the definition of a hazardous substance, a hazardous waste, or a marine pollutant.  An example of where this last provision might apply is if a shipment is regulated as a hazardous material solely due to it being above the RQ in a single packaging and thus a hazardous substance.  If the amount of material in an empty container is below the RQ, then the material is no longer a hazardous substance and no longer subject to the HMR (02-0100).

So in conclusion, 49 CFR 173.29(b) allows you to ship packagings – both bulk and non-bulk – without any of the requirements of the HMR as long as all the hazards are removed – or not judged to be much of a hazard in the first place, such as ORM-D – and any information identifying the packaging as hazardous are removed or not visible in transportation.

49 CFR 173.29(c), while not as extensive in the exclusions from the HMR as is paragraph (b), also does not contain as many hoops to jump through.  It is most likely the applicable regulation if you ship empty non-bulk packagings to a drum re-conditioner or back to the material supplier.  There are three provisions or which you must be aware.

First, it must be a non-bulk packaging as defined at 49 CFR 171.8 which is a HazMat packaging that is:

  • ≤119 gallon capacity for a liquid.
  • ≤119 gallon and ≤882 pound capacity for a solid.
  • ≤1,000 gallon water capacity for a gas.

Read: Bulk Packaging Explained!

Second, the residue in the empty packaging may only be a hazardous material covered by Table 2 of 49 CFR 172.504 (see below) and is not a Poison Inhalation Hazard.

Table 2

Hazard Class or Division Placard Name
1.4 EXPLOSIVES 1.4
1.5 EXPLOSIVES 1.5
1.6 EXPLOSIVES 1.6
2.1 FLAMMABLE GAS
2.2 NON-FLAMMABLE GAS
3 FLAMMABLE
Combustible Liquid COMBUSTIBLE
4.1 FLAMMABLE SOLID
4.2 SPONTANEOUSLY COMBUSTIBLE
5.1 OXIDIZER
5.2 (Other than organic peroxide, Type B, liquid or solid, temperature controlled) ORGANIC PEROXIDE
6.1 (Other than material poisonous by inhalation) POISON
6.2 (Infectious Substance) NONE
8 CORROSIVE
9 CLASS 9 (placard not required for domestic transportation)
ORM-D NONE

If the two above provisions are met for your shipment, then it is not subject to the placarding requirements of 49 CFR 172, Subpart F.

Further, if your shipment of non-bulk packages from Table 2 is transported by a contract or private carrier – not a common carrier – and is destined for reconditioning, remanufacture, or reuse, then you are not required to use a shipping paper as is required for most HazMat shipments per 49 CFR 172, Subpart C (00-0340).  For an explanation of these terms – contract, private, and common carrier – please refer to this guidance letter from USDOT/PHMSA (02-0259).

If required, 49 CFR 173.29(e) refers you to the regulations pertaining to shipping papers found at 49 CFR 172.203(e).  For most shipments – bulk and non-bulk – the description on the shipping paper may include, “RESIDUE: Last Contained…” near the basic description of the hazardous material.  For shipments in a tank car only, which is included in the definition at 49 CFR 171.8 of a railroad car, the description on the shipping paper must include, “RESIDUE: LAST CONTAINED…” before the basic description.

Note that 49 CFR 173.29(c) does not exclude the requirement to train your HazMat Employees per 49 CFR 172, Subpart H.  Therefore any employee that prepares the empty packagings for shipment, completes or signs the shipping papers, or loads/unloads the empty packagings onto the vehicle must receive DOT Hazardous Materials Training.

You must also ensure compliance with the US EPA regulations for emptying the container (US EPA refers to it as a container, not a packaging) in order to ensure the residue is no longer a hazardous waste.  The applicable US EPA regulations can be found at 40 CFR 261.7.  If you generate any hazardous waste, you may be subject to the training requirements of 40 CFR 265.16 for any employees who handle hazardous waste or sign a hazardous waste manifest.

Read: The “RCRA Empty” Exemption from Hazardous Waste Regulation

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

If you are a shipper of empty packagings, then it is quite likely that you and perhaps several of your employees require triennial HazMat Employee training as required by the US DOT and annual RCRA Employee training per US EPA.

Selecting a Carrier for Your Shipment of Hazardous Materials

I have the opportunity during my weekly nationwide training events to meet with a variety of HazMat Employers  who usually are also Shippers, since they “offer for shipment” a hazardous material to a Carrier who then transports it in commerce.  For most persons, their experience as a Shipper of hazardous materials is limited to their routine shipments of hazardous waste.  For this purpose they commonly rely on the hazardous waste disposal firm or TSDF to provide for off-site transportation of the waste.

Sometimes however, a person is faced with the responsibility of arranging for a non-typical HazMat shipment.  In this situation you will need to select a Carrier that can transport the hazardous material to its destination.  It is important to select a Carrier who meets the requirements of both the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Motor Carrier Safety Administration (FMCSA).  Both of these are administrations within the US Department of Transportation and require a brief explanation.

PHMSA was created in 2005 to replace the Research and Special Provisions Administration (RSPA).  It is used by US DOT to develop and enforce regulations to ensure the safe transportation of hazardous materials (HazMat) in commerce by air, water, highway, rail, and all transportation by pipeline.

FMCSA was formed January 1, 2000 to regulate the trucking industry in the US.  Its regulations apply to employees and employers who transport HazMat – and non-HazMat – in commerce on public highways.

Whether it is a routine shipment of your hazardous waste that you have shipped a thousand times before, or a one-time or first-time shipment, you as the Shipper must ensure the Carrier you select is in compliance with all applicable regulations of the PHMSA and FMCSA.  Before you offer a hazardous material for shipment, confirm the following with your Carrier:

  1. Has the driver received training as a HazMat Employee per the requirements of 49 CFR 172, Subpart H within the last three years?  All HazMat Employees must receive the following training:
    1. General Awareness/Familiarization
    2. Function Specific
    3. Safety Procedures/Emergency Response
    4. Security Awareness
    5. In-Depth Security (if applicable, see here for more information)

In addition to the above, a person who transports hazardous materials over a public roadway must receive Driver Training.

  1. If the shipment is required to be placarded per the requirements of 49 CFR 172, Subpart F or otherwise meets the applicability requirements of 49 CFR 107.601; is the Carrier registered as a transporter of hazardous materials per the requirements of 49 CFR 107.608?  Click here for a short survey to determine the registration requirements.
  2. If the shipment meets the applicability requirements of 49 CFR 172.800(b) – Revised effective October 1, 2010 – does the Carrier have a DOT Security Plan and conduct In-Depth Security Training for its HazMat Employees per 49 CFR 172, subpart H?
  3. If the shipment is  required to be placarded per the requirements of 49 CFR 172, Subpart F; does the driver have the hazardous materials endorsement on their Commercial Driver’s License (CDL) per their respective state to the minimum standards mandated in 49 CFR 383, Subparts G & H?
  4. If the shipment meets the applicability requirements of 49 CFR 385.403; does the Carrier have a Hazardous Materials Safety Permit (HMSP)? A Carrier may take the following survey to determine if it is required to obtain an HMSP.  A Shipper may find this survey useful as well.

The selection of your Carrier is only the first of many of your responsibilities as a Shipper of hazardous materials.  You’re responsibilities include:

  • Determining the Proper Shipping Name, Hazard Class and/or Division, Identification Number, and packing group.
  • Select the proper packaging.
  • Affix the proper hazard class labels and markings.
  • Properly complete the shipping paper, including the…
    • Emergency response information
    • Emergency response phone number
    • Certification statement and signature
    • Provide correct placards to the driver.
    • Completion of a DOT Security Plan.  Take this simple survey to see if the DOT Security Regulations apply to you.
    • TRAINING FOR ALL OF YOUR HAZMAT EMPLOYEES.

Everything you need to know as a Shipper is covered in the afternoon session of my one-day, nationwide training events.  It also fulfills the US DOT triennial training requirements for HazMat Employees.  The remaining 4-hours cover the Hazardous Waste Personnel training requirements of the US EPA and provides a wealth of information for generators of hazardous waste.

When Must an Identification Number Not be Included on a Hazardous Material Placard?

An identification number, though usually displayed on or in association with a placard on a vehicle or bulk container, must be in compliance with the Marking requirements of 49 CFR 172, Subpart D and not the Placarding requirements of Subpart F.  And it is in 49 CFR 172.334(d) that a little known prohibition on the use of the identification number on placarded vehicles can be found.   Simply stated, the regulation prohibits the use of an identification number on a placard unless the identification number is applicable to all of the hazardous materials of the same hazard class in the vehicle.

Consider:  A truck is to be loaded with the following hazardous materials…

  • UN 3264, Waste Corrosive Liquid, Acidic, Inorganic, n.o.s  (Hydrochloric Acid, Hydrogen Peroxide), 8, II – 6 x 55 gallon drums @ 600 lb/drum = 3,600 lbs
  • UN1760, Waste Corrosive Liquid, n.o.s. (Nitric Acid, Hydrofluoric Acid), 8, II – 1 x 350 gallon bulk packaging = 350 lbs

Per the US Department of Transportation (US DOT) regulations at 49 CFR 172.504(c), a CORROSIVE placard is required on all four sides of the vehicle for two reasons:

  1. The gross weight of the hazardous material shipment is >1,001 lbs; and,
  2. A bulk packaging of a hazardous material is part of the shipment.

Further, 49 CFR 172.331(c)mandates the use of the identification number on all four sides of the vehicle since the identification number on the bulk packaging (UN1760) is not visible inside the closed transport vehicle.

The usual response to this situation is to placard the vehicle CORROSIVE on all four sides with the identification number (UN1760) for the bulk packaging on the placard.  All is well, right?  Not so fast there Shipper!  49 CFR 172.334(d) seems to prohibit the display of the identification number on the placard in this case.  Why?  Because the identification number may only be displayed if it represents all the hazardous materials in that hazard class loaded on the vehicle.  Since the six drums of Waste Corrosive Liquid, Acidic, Inorganic, n.o.s. has an identification number of UN3264, the identification number of UN1760 cannot be displayed solely on the CORROSIVE placard.  But, 49 CFR 172.331(c) requires the display of the identification number on all four sides of the vehicle.  Pretty confusing huh?

The solution is to display each applicable identification number in one of the following manners:

  • On an orange panel near the placard.  You can use as many orange panels as necessary.
  • On a white square-on-point near the placard.  You can use as many white square-on-points as necessary.
  • On separate placards of the same hazard class.  As demonstrated by the photo below:
Class 3 Flammable Liquid Placards

Class 3 placard with identification number for Printing Ink or Printing Ink Related Material (UN1210) and Resin Solution (UN1866)

And what does it matter to you anyway? You’re a shipper of hazardous materials, not a carrier.  Placarding is the responsibility of the carrier, right?  Wrong.   49 CFR 172.506(a) reads:  “Each person offering a motor carrier a hazardous material for transportation by highway shall provide to the motor carrier the required placards for the material being offered prior to or at the same time the material is offered for transportation, unless the carrier’s motor vehicle is already placarded for the material as required by this subpart.”  And 49 CFR 172.300(a) reads:  “Each person who offers a hazardous material for transportation shall mark each package, freight container, and transport vehicle containing the hazardous material in the manner required by this subpart.”  Since you are offering the hazardous material (which includes hazardous waste shipped on a Uniform Hazardous Waste Manifest) to a motor carrier for transportation it is your responsibility to ensure the bulk packaging and vehicle are properly placarded and marked.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services

815.821.1550

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There are many aspects of DOT’s Hazardous Material Regulations (The HMR) that place the burden of responsibility on the person who offers hazardous materials for transportation in commerce (i.e. the Shipper).  As a shipper of hazardous materials – including hazardous waste – it is important for you to be familiar with all of your regulatory requirements.

 

Non-Routine Shipments of Hazardous Materials

“Other than hazardous waste, we don’t ship hazardous materials, so we don’t need the DOT HazMat Employeetraining for our Shipping Department personnel.”   The preceding statement may be true when its ‘business as usual’, but there are a few situations that arise not infrequently in business that may require you to prepare a ‘one-time’ hazardous material for shipment.  A ‘one-time’ shipment is subject to the entire Hazardous Materials Regulation (HMR) – including training of HazMat Employees – so it’s important to be prepared for any of the following situations:

  1. A hazardous material received as product (paint, cleaner, solvent, plating solution, reactant, epoxy, etc…) must be returned to the supplier. Perhaps the product you received was the wrong color, off-spec, in excess of your needs, or in some other way was not what you wanted and must now be returned to the supplier.  In most cases, returning the material in the original packaging with the original shipping paper will suffice to meet most requirements of the HMR.  However, these items may not always be available.  And, in this case you are the Shipper and therefore responsible for any errors in the shipment, regardless if the same error was made by the entity that shipped it to you.
  2. A customer requires a small amount of your raw material – such as paint – to “touch-up” a product of yours they have received. Typically you receive your product as hazardous materials in quantities ranging from 5-gallon buckets to bulk containers.  A customer request may be for much smaller amounts.  How must the hazardous material be packaged?  What are the shipping paper requirements?  Are there exemptions to the HMR for this type of shipment?  You must be certain of the applicable regulations before you can meet your customer’s request.
  3. A ‘sister facility’ requires some proprietary material you have in stock. If you are offering a hazardous material for shipment in commerce, even if that shipment is across the street, that shipment will be subject to the full HMR unless specific exemptions apply.

Any one of these situations may arise without warning and require a rapid response.  Therefore it’s best to be prepared ahead of time.  HazMat Employee training presented by Daniels Training Services will provide you with three things:

Use of Commas in the Proper Shipping Description for Hazardous Materials

A question from an attendee of one of my recent training events forced me to re-think my strongly-held belief in the correct formatting of the proper shipping description for a hazardous materials shipment.  The question asked was, “Is a comma required between the primary hazard class (3 in the example below) and the subsidiary hazard class (8 in the example)?  Or, what if there is more than one subsidiary hazard class, must there be a comma between them?”

As a truck driver for Laidlaw Environmental Services for several years and ~13 years with Fehr-Graham and Associates (click here for more information), I have seen my share of shipping papers and thought I knew the correct answer.  I believed that a comma must appear between every distinct entry in the proper shipping description.

For example: UN2924, Flammable Liquid, Corrosive, n.o.s., 3, (8), PGII, (Isopropanol, Organic Amines).

Research brought me to 49 CFR 172, Subpart C which documents the requirements for completing a shipping paper if required for a shipment of hazardous materials (all hazardous waste shipments from Large Quantity Generators and Small Quantity Generators of hazardous waste are required to use a Uniform Hazardous Waste Manifest which is a type of shipping paper).  It does not however indicate specifically when – or if – commas are to be used.  49 CFR 172.202(a)(7)(b) of Subpart C reads, “Except as provided in this subpart, the basic description specified in paragraphs (a)(1), (2), (3) and (4) of this section must be shown in sequence with no additional information interspersed. For example, ‘UN2744, Cyclobutyl chloroformate, 6.1, (8, 3), PG II’.”   This would seem to indicate that the preferred method, as indicated by the example, is to use commas to separate each distinct part of the basic description.  However…

In the PHMSA webpage of FAQ’s,  in a question regarding the order of information in the basic description the comma is not present between the primary hazard class and the subsidiary hazard classes.  This would seem to indicate that the use of commas is arbitrary.  And….

The Pipeline and Hazardous Materials Safety Administration (PHMSA) Hotline reported that they have no set formatfor separating the information contained in the basic description or what may be included as “additional description”.

Also, PHMSA written interpretation #05-0180 – while directly addressing another aspect of the basic description – includes the following statement, “The basic shipping description must be easily recognizable and available to emergency responders in the event of an incident.”

This brings us all the way back to the basic function of all four of the DOT hazard communication methods (shipping papers, placards, hazard labels, & markings):  it’s all about communication; and not mindless adherence to the Hazardous Materials Regulations.   The purpose of the proper shipping description on the shipping paper is to communicate the potential hazards of the hazardous material in transportation for all who may come in to contact with it, but especially for emergency responders.  Therefore, as long as the proper sequence of the proper shipping  description is maintained as per 49 CFR 172.202(a)(7)(b) – see example above – and the necessary information is communicated, a shipper may use commas, multiple spaces, hyphens, semi-colons, etc. in the proper shipping description as they see fit. So, the above example may appear correctly as it is, or as any of the following:

UN2924   Flammable Liquid, Corrosive, n.o.s.   3   (8)   PGII   (Isopropanol, Organic Amines)

UN2924 – Flammable Liquid, Corrosive, n.o.s. – 3 – (8) – PGII – (Isopropanol, Organic Amines)

UN2924; Flammable Liquid, Corrosive, n.o.s.; 3  (8); PGII  (Isopropanol, Organic Amines)

In addition, per 49 CFR 172.101(c)(2) punctuation marks and words in italics are not part of the proper shipping name, but may be used.  So, commas are not even required within the proper shipping name, meaning any of the following proper shipping descriptions are acceptable as well:

UN2924   Flammable Liquid Corrosive n.o.s.   3   (8)   PGII   (Isopropanol, Organic Amines)

UN2924 – Flammable Liquid Corrosive n.o.s. – 3 – (8) – PGII – (Isopropanol, Organic Amines)

UN2924; Flammable Liquid Corrosive n.o.s.; 3  (8); PGII  (Isopropanol, Organic Amines)

Researching this question served as a good reminder for me that no part of the HMR – even a comma – is so small it’s unimportant.