special provisions

Q&A: Is a DOT specification packaging (intermediate bulk container or IBC) required for NA3077 Hazardous waste solid, n.o.s.?

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.

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Conclusion:

That did it!

FAQ: What are Special Provisions in the USDOT/PHMSA Hazardous Materials Regulations?

FAQ: What are Special Provisions in the USDOT/PHMSA Hazardous Materials Regulations?

A person who offers a hazardous material (HazMat) for transportation (aka: the shipper) is required to select the authorized packaging for the HazMat and follow any relevant packing instructions in the Hazardous Materials Regulations (HMR). The authorized packaging and packing instructions are found in Part 173 of Title 49 of the Code of Federal Regulations (CFR). The section of part 173 that contains the packing instructions and identifies the HazMat’s authorized packaging is referenced in column 8 of the hazardous materials table.

  • Column 8A for packaging exceptions, if any.
  • Column 8B for non-bulk packaging, if such packaging is allowed for the HazMat by the HMR.
  • Column 8C for bulk packaging, if such packaging is allowed for the HazMat by the HMR.

Read: Bulk Packaging for Hazardous Materials Explained!

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

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But that’s not all! In addition to column 8, the shipper must also refer to the special provision codes of column 7. What are the special provision codes of column 7 in the hazardous materials table?

49 CFR 172.101(h):

Column 7: Special provisions. Column 7 specifies codes for special provisions applicable to hazardous materials. When Column 7 refers to a special provision for a hazardous material, the meaning and requirements of that special provision are as set forth in §172.102 of this subpart.

The codes in column 7 refer to special provisions, the meaning and requirements of which are found in §172.102. Not all special provision codes are applicable to all shipments of HazMat; it is possible that most (all?) of them won’t apply to a consignment of HazMat. For example, special provision codes that begin with “A” are applicable only to transportation by air. If a HazMat is to be transported by highway, rail, or vessel, then any special provision codes beginning with “A” are not applicable to that consignment.

Read: The Meaning of Special Provision Codes

The special provision codes of column 7 are identified and explained at §172.102. There we find a further explanation of special provision codes and what they mean to the shipper of a HazMat. When a special provision specifies packaging or packaging requirements, it is in addition to:

  • The standard requirements of all packagings prescribed in §173.24.
  • Any other applicable packaging requirements in 173, subparts A and B.

What that means is that the special provision codes, if applicable, will be in addition to any other packaging requirements of the HMR. But we’re not done…When a special provision specifies packaging or packaging requirements:

  • If the special provision imposes limitations or requirements in addition to those prescribed in the packing instructions referenced by column 8 of the hazardous materials table, the shipper must comply with the requirements of the special provision.

So, no matter the requirements of the packing instructions of part 173 referenced by column 8 of the hazardous materials table, the special provisions codes will, if applicable, supersede and replace them for determining compliance.

For more information on both columns 7 and 8, read: Determining Authorized Packaging for the Transportation of a Hazardous Material

Lithium ion batteries forbidden as cargo on passenger aircraft

Note the special provision codes in column 7 of the hazardous materials table

The special provision codes of column 7 are just one step in the process of offering a hazardous material for transportation in commerce. There are many more and most of them are the responsibility of the shipper of the HazMat. Make certain you are in compliance with the HMR by getting the required USDOT HazMat Employee training for you and your HazMat Employees.

The Meaning of the Symbols in Column 7 of the Hazardous Materials Table

A Shipper of a hazardous material is responsible for its classification and packaging prior to offering it for shipment to a Carrier.  An important, but often overlooked, requirement for the safe and regulatory compliant transportation of a HazMat is an understanding of the special provisions in column 7 of the Hazardous Materials Table.  When column 7 of the Hazardous Materials Table (49 CFR 172.101) includes a special provision code for an entry in the table, the requirement of that code – or codes, there may be several of them – is in addition to the general packaging requirements of §173.24 and any other applicable packaging requirements in Part 173.  Further, the limitations and/or additional requirements found in the special provisions of column 7 will supersede the packaging authorizations of column 8 of the Hazardous Materials Table.

The purpose of this article is to explain the meaning of the coding system for the Special Provisions of column 7 in order to facilitate your review and understanding of them and how they may apply to your shipment of a hazardous material. (more…)