Sample This

Sending samples of hazardous materials for classification under the Department of Transportation (DOT) can be confusing and should be thought through before these unknown hazardous materials are offered for transportation. Under DOT, “samples” refer to very small amounts of materials that are sent to labs for testing to determine if they meet a DOT hazard class, packing group and/or any subsidiary hazard classes under the Hazardous Materials Regulations (HMR) to ensure that the same material may be shipped later properly.

DOT sample are not materials that you send to a customer to see if it will work in their process; nor are they materials sent to a lab for quality control testing. The only time that the sample exception in 49 CFR 172.101(c)(11) may be used is when a person does not know the DOT hazard class, the packing group and the subsidiary hazards classes of an unknown material that is to be shipped under the HMR.

I always try to explain to my seminar attendees that there are only two times that you can ship a hazardous material and not really know exactly what it is, and they are both under 172.101(c)(11). The first is when EPA hazardous waste generators ship EPA hazardous waste to a Treatment, Storage & Disposal Facility (TSDF) on an EPA hazardous waste manifest. Since hazardous waste is shipped from a hazardous waste generator to a TSDF and is recycled, incinerated or buried and never shipped again, hazardous waste generators are not required to do hazard class testing on hazardous waste shipped for disposal.

The second time that a shipper is allowed to ship a hazardous material without knowing its hazard class, packing group and subsidiary hazards is when a person needs to know if a material is regulated under the HMR. So imagine if a person wanted to ship a material to a customer or another facility but they don’t know what it is. If they are not allowed to ship it until they know, how can the material eventually be shipped? Well, that’s why before the product or material is offered in transportation, the regulations allows a sample to be sent to a lab for testing under the HMR Hazard Classification System in 173.2.

The regulations allow a hazardous waste shipped for disposal or a sample shipped for DOT hazard class testing to be shipped with a tentative hazard class, tentative packing group and tentative hazard class labels. However, in selecting tentative classification, the shipper, under 172.101(c)(11)(iv), is required to meet three additional requirements: the criteria in 49 CFR Subchapter C Hazardous Materials Regulations; the hazard precedent prescribed in 173.2a; and the shipper’s knowledge of the material being shipped.

So number one, the shipper does not have to purchase or run the hazard class tests before they ship the hazardous waste or samples, but they still must review and understand the hazard class tests, packing group criteria and hazard class labeling requirements in the HMR. The shipper can use the information about the chemical or material’s individual constituents that may be listed by name in the 172.101 Hazardous Materials Table or on a Safety Data Sheet (SDS) under the OSHA 1910.1200 Hazard Communication Regulations.

Number two, the shipper must decide if the material meets more than one hazard class under the HMR. Does the shipper believe the material is just a Flammable Liquid or is the material a Flammable Liquid and also Corrosive, and if it is, should the material be shipped as Flammable Liquid, Corrosive, N.O.S. Sample, Class 3 or as Corrosive Liquid, Flammable, N.O.S. Sample, Class 8 based on the Precedence of Hazard Table in 173.2a.

Number three, the shipper of the hazardous waste or sample must use all the information available to him, without actually running the tests in the HMR. In other words, the shipper will have to justify the hazard class, the packing group and the hazard class labels selection to the DOT inspectors, if there turns out be be a transportation incident.

Once the preceding criteria has been used and it is time to ship the sample, there are a few things to remember under the sample exception in 172.101(c)(11)(iv)(A), (B) and (C). First, the shipper must add the word “Sample” to the proper shipping name or in association with the basic description. Personally, I find that if a shipper has no idea of what the sample really is, “Flammable Liquid, N.O.S.” would protect most people who would come into contact with the sample in transportation. No one is going to try and light the material on fire, drink it or pour it on their skin if it is described as UN1993, Flammable Liquid, N.O.S. Sample, 3, PG II. Again, by adding the word “Sample” to the proper shipping name, the shipper is telling DOT inspectors that you really don’t know what the material is and that is why you are having it tested. If you put the word “Sample” in the basic description and the material is not going for DOT hazard class testing, you would be in violation of the HMR. That is what the word “Sample” means when added to the proper shipping name, you really don’t know what it is, because if you did you, would not need to test it.

The sample must be shipped in a combination container, both inner and outer packaging authorized in the 172.101 HMT Column 8A Non-Bulk Packaging, according to the tentative proper shipping name and the packing group. Also, so that you can no longer dispose of a 55 gallon drum of hazardous waste by sending it for testing, the total net mass in each package may not exceed 2.5 kg (5.5 lbs).

The sample exception also states that if the shipper does not know the constituents in the sample, which may be the reason for testing, the shipper would not be required to list the constituents even when the proper N.O.S. shipping name has the letter “G” in column 1 of the 172.101 HMT.

A sample to you and a sample to DOT are not the same thing, so take your time and do it right. It is also important to remember lab technicians, salespeople and quality control personnel need to be trained and tested when shipping or transporting these samples, because they are considered to be hazmat employees under the HMR.

I will be traveling to the West Coast May 13-24 to present our Hazardous Materials & Waste Management Training & Testing Seminars, but I will return to the office the end of May. If you have a sample question (or any other questions), don’t hesitate to call us or drop us an email. Thank your for your readership, comments, questions and support.

KEEP YOUR DATES STRAIGHT

There are some important compliance dates that I have been trying to keep track of recently and I always find the best way to remember something is to write about it in my Blog.  The trouble that I am having is trying to keep the compliance dates straight under the new  Occupational Safety and Health Administration (OSHA) 1910.1200 Hazard Communication - GHS compliance dates and the new Department of Transportation (DOT) Limited Quantity and Consumer Commodity compliance dates.

DOT JAN. 1, 2011 NEW LTD QTY LABEL AUTHORIZED
On January 1, 2011, the new the New Black and White Limited Quantity Labels were authorized for use without a Hazardous Materials Shipping Paper or DOT Specification containers.

DOT DEC. 31, 2012 END OF ORM-D-AIR
After December 31, 2012, the use of Consumer Commodity ORM-D-AIR was no longer authorized and was replaced with Consumer Commodity Class 9 with the new Black and White Limited Quantity mark with the letter “Y” in the air mode.

OSHA DEC. 1, 2013  MUST BE TRAINED ON GHS
All relevant employees must be trained by December 1, 2013 on the new OSHA GHS Hazard Communication Safety Data Sheets and Hazardous Communication Container Labels.  We should have a copy of a Written Hazard Communication SDS and Container Label Plan on our website in the next few weeks.  Traci, Lisa and and John Sabatino are just double-checking it as we speak.  I have a blog entry on the container labels and will add the Safety Data Sheet (SDS) entry after John checks it this week.  

DOT JAN. 1, 2015 END OF OLD LIMITED QUANTITY MARKS FOR GROUND
On January 1, 2015, DOT will no longer allow the use of the old Limited Quantity marks (Square on point label with ID #) or the  LTD QTY Shipping Description.  The new Black and White Limited Quantity mark without the letter “Y” would be required if you were to take the exception.

OSHA JUNE 1, 2015 MANUFACTURERS COMPLIANCE WITH LABELS and SDS
On June 1, 2015, all hazardous chemical manufacturers must include the new Safety Data Sheets (SDS) and the 6-part Hazard Communication Container Labels when offering a chemical for sale or distribution.

OSHA DEC. 1, 2015  DISTRIBUTORS COMPLIANCE WITH LABELS ONLY
On December 1, 2015, all distributors of hazardous chemicals must insure that all containers display the new 6-part Hazard Communication Labels.  The labels must include the Identifier, Signal word, Hazard Statement, Pictogram, Precautionary Statements and the name, address and telephone number of the Responsible Party.

OSHA JUNE 1, 2016  LABELING OF WORKPLACE CONTAINERS
On June 1, 2016, all hazardous chemical containers that are used by facility employees must be marked with the new 6-part Hazard Communication Container Labels.  

DOT DEC. 31, 2020 END OF ORM-D GROUND
After December 31, 2020 the old Consumer Commodity ORM-D Container Mark and Shipping Description will no longer be authorized.

I hope it helps you to see these compliance dates all together.  I will now have a quick reference to help me keep the dates straight.  If you still have questions, I have and will continue to write about the  DOT Limited Quantity and Consumer Commodity, and the OSHA Hazard Communication Labels and the Safety Data Sheets (SDS) in my Blog.  You can always give us a call or drop an email if you need clarification.  Thank you all for your comments, support and readership.

WHAT DAY IS IT ?

Hazardous waste generators must keep track of quite a few storage dates if they want to effectively manage their hazardous wastes under 40 CFR Parts 260 - 268, EPA’s Hazardous Waste Management System. This week we have gotten more than a couple of questions on when and where the words “HAZARDOUS WASTE” must appear and the storage dates a generator must mark or label on containers of hazardous waste. Well, here is the way I see it.

ON-SITE

The EPA Hazardous Waste Regulations in 40 CFR 262.34(a)(2) mandate that in order for generators to keep track of their final 90-day on site storage requirement, the “DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS” must be clearly marked and visible for inspection on each container. That is, if you don’t take advantage of the satellite accumulation exception in 262.34(c)(1) and (2), which allow a generator to store up to 55 gallons of hazardous waste or one quart of acute waste in containers at or near any point of generation where the waste initially accumulates which is under the control of the operator of the process generating the waste, without starting the 90-day storage time clock. In addition, under the federal requirements, the words “HAZARDOUS WASTE OR OTHER WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINER” must be marked on containers while being stored in the satellite accumulation area. Once the satellite drum is full, the drum must be moved to the final storage area within 3 days, or the 90-day storage time and the final storage requirements would apply to the satellite accumulation area. So once full, as long as the containers are moved within 3 days, you would not have to start your 90-day storage time with empty drums, but by taking satellite accumulation, then moving the full containers, you can start your 90-day storage time in the final storage area, with full drums.

Be careful though, under satellite accumulation, here in Pennsylvania, California and a few other states only allow a one year on-site total storage time (satellite and final accumulation). So if I wanted to take advantage of satellite accumulation, to keep track of the one year total on-site storage time, I would mark the start date on the satellite drums. Pennsylvania and California also require the words “HAZARDOUS WASTE” to be marked on the containers at the start of satellite accumulation as opposed to “OTHER WORDS THAT IDENTIFY THE CONTENTS OF THE CONTAINER.” So in Pennsylvania and California, if I were to take satellite accumulation, I could have have three dates on each drum while being stored in the plant. First, when I start satellite accumulation to keep track of my state’s requirement of one year total on-site storage, then once the drum is full, a second date to track the 3-day federal satellite accumulation moving date to the final storage area, and then a third date to keep track of the 90-day federal storage time after the drum is moved to the final on-site storage area.

PRE-TRANSPORT

Once the containers of hazardous waste are to be shipped off-site, EPA in 40 CFR 262.32 requires containers of hazardous waste (119 gallons or less) that are being offered for transportation or transported offsite for disposal, to be marked or labeled with the words:

HAZARDOUS WASTE

Federal law prohibits improper disposal. If found, contact the nearest police or Public Safety Authority or the US Environmental Protection Agency.
Generators name and address__________________________
Generators EPA Identification Number__________________
Manifest Tracking Number____________________

Only to make these dates more difficult, 263.12, under Standards Applicable to Transporters of Hazardous Waste, allows transporters of hazardous waste to store the waste at a transfer facility for up to 10 days between the date of pick-up and the date the hazardous waste is received for disposal at the final off-site Treatment, Storage, and Disposal Facility. The transporter may want to mark a fourth date, the date the waste was picked up, on the drums to insure they don’t go over the 10-day transporter transfer requirement. So they could mark the pickup date on each drum.

CONTAINER MARKING DATES

So there could be four different dates on a drum of hazardous waste once it is on the truck. First, the one year satellite accumulation start date for the State, if applicable, then a second date once the satellite is full to keep track of the 3-day rule, a third date after the container is moved to keep track of the final 90-day on-site storage time and a fourth date, the date of pickup to keep track of the 10-day transfer time for the hazardous waste transporter.

HAZARDOUS WASTE LABELS

This why so many people buy or use pre-transportation HAZARDOUS WASTE LABELS. The words “Hazardous Waste” are on the drums, if applicable, for the State under satellite accumulation and the words “Hazardous Waste” are on the drums for the Federal storage and transportation regulations when the waste is in-plant and on the truck under 262.34(a)(2) and 262.34(c)(1) respectively. Then to keep track of the storage dates the Hazardous Waste Label should have a place to put the one-year satellite accumulation date for your state and a place to mark the 3-day “satellite to final storage area” move date once the container is full in satellite under 262.34(c)(2) . Then, the Hazardous Waste Label also has a place to mark the date to track the 90-day on-site storage in 262.34(a) once the container is in the final storage area. Finally, some of the Hazardous Waste Labels will have a place to mark the pickup date so that the transporter can also use the same label to track the 10-day transfer requirements under 263.12. Sometimes, once the drums are picked up the transporter only wants one date on the drums so they will cover the on-site storage times with their own pre-transportation label. I don't believe it's a violation to cover the on-site accumulation date(s) once they are off-site.

By marking the containers and keeping track of these dates properly you will save you and your company time and money. Always check your state’s requirements, or you can give me a call and I will find out for you, then I will know and will look real smart when I show up to run my next seminar in your state. Thanks for your readership and support.

Robert J. Keegan
Publisher
Hazardous Materials Publishing Company

Consumer Commodity 2020

The Consumer Commodity exception has to be the most misunderstood Hazardous Materials exception in the regulations, and the fact that there are two different “Consumer Commodities” in use as we speak, does not make it any easier. First is the “new” international and domestic Consumer Commodity, Class 9 for air shipments after December 31, 2012, and the second is the “old” Consumer Commodity ORM-D which can still be used until December 31, 2020 domestically for shipment by ground. The new Consumer Commodities for air under HM-215K are small inner packaging’s (not more than 120 ml) of Aerosols in Division 2.1 or 2.2, Class 3 Packing Group II and III only, Division 6.1 Packing Group III only, UN3077, UN3082, or UN3175 without subsidiary hazards (under 500 ml for liquids or 500 g for solids) in strong, outer non-specification containers up to 30 kg each and intended or suitable for retail sale for personal or household use under 49 CFR 171.8 and 173.167. In the ground mode, the old Consumer Commodity, ORM-D, which was to be phased out on December 31, 2013, was just extended until December 31, 2020. To make this work, you have to see that the Consumer Commodity is an exception; don’t think of it as a Hazardous Materials Regulation, as much as a way to get OUT of some of the regulations.

Of all the exceptions in the regulations, my favorite exception would have to be in 49 CFR 173.150(f) for domestic non-bulk combustible liquids . The definitions in 173.120(a) indicate 140 degrees or less as the flash point for a Class 3 Flammable Liquid; however, 172.120(b)(2) states that a flammable liquid that flashes above 100 degrees domestically MAY be reclassified as a Combustible Liquid. Why would you reclassify a Class 3 Flammable Liquid to Combustible Liquid? Because if a Flammable Liquid meets no other hazard class and your proper shipping name in Column 2 of the 172.101 Hazardous Materials Table allows the exception “150” in Column 8(A), your non-bulk containers of Class 3 Flammable Liquid (below 119 gallons or 882 pounds each), you can reclassify as a Combustible Liquid, which would not be regulated under any of the HMR when shipped by ground in domestic transportation. So, 15 or 20 drums of non-bulk combustible liquids would be out of the HMR, unregulated, even though just one bulk container of combustible liquid would still be regulated? Yes.

Consumer Commodity, ORM-D Air is still gone as of December 31, 2012 in the air mode. However, if you ship a Consumer Commodity, ORM-D by ground, you have been given a reprieve until December 31, 2020, per the Final Rule under HM-215K that appeared in the Federal Register on January 7, 2013. That’s right, you don’t have to use the new Limited Quantity Mark to maintain your exception in the ground mode yet. You now have until December 31, 2020 to continue to use the old Consumer Commodity, ORM-D for domestic ground shipments. I use the word “old” because Consumer Commodity, ORM-D had been changed to Limited Quantity, in ground and Consumer Commodity, ORM-D-AIR was changed to ID8000, Consumer Commodity, Class 9 and restricted to air, to align with the ICAO/IATA (International Air Transport Association Recommendations) used by most countries for shipments of dangerous goods by air. Under the revisions on January 7, 2013 to HM-215K, that has not changed for air shipments,only ground.

For many years, in the air mode, internationally under ICAO/IATA, we have shipped consumer commodities as ID8000, Consumer Commodity, Class 9, since Consumer Commodity, ORM-D-Air was only authorized domestically. The shipping name has not changed but the “ORM-D-AIR” now becomes “Class 9” and on the non-specification combination containers, in addition to the ID number, ID8000, the shipping name, Consumer Commodity, and the Class 9 Hazard Class Label, we now must include the black and white “Y” Limited Quantity Mark. Why when shipping by air must you use the “Y” Limited Quantity Mark when you are not shipping a Limited Quantity? Well, the Limited Quantity Mark with its letter “Y” is now required in the air mode for two reasons.

1) AiR

First, is to alert the carrier that a specification container is not required for that air shipment (which is really the only exception when shipping Consumer Commodities, or for that matter Limited Quantities, by air). In the air mode you must have the Shippers Declaration with ID8000, Consumer Commodity, 9, and the Y963 Packing Instruction; and the container must be marked with ID8000, Consumer Commodity, the Class 9 Hazard Class Label and the “Y” Limited Quantity Mark. The Limited Quantity Mark, used in lieu of the UN4G/Y145/S/83/ USA/RA specification container mark, assures the air carrier that the non-specification container is within the HMR and the letter “Y” means the container is authorized for air when also meeting the requirements under 49 CFR 173.27. Under ICAO Dangerous Goods Recommendations, the letter “Y” in the numerical Packing Instruction listed in column G of the List Of Dangerous Goods as in the “Y963;” the letter “Y” on the shipping documents as part of the packing instructions “Y963;” and also on the container inside the “Y” Limited Quantity Mark alerts the carrier that the Consumer Commodity shipment is authorized for air and does not require a DOT specification container.

2) GROUND

Second, if a shipper tried to send an air-restricted ID8000, Consumer Commodity, Class 9 by ground on a shipping paper that would be a violation of the HMR. The new ID8000, Consumer Commodity, Class 9 is only authorized in the air mode. In the highway mode, if the shipper wants to, they are now allowed to tell the driver to ignore the Identification Number ID8000, ignore the shipping name Consumer Commodity, ignore the Class 9 label on the container, and use just the “Y” Limited Quantity Mark to ship by ground as a Limited Quantity with no hazmat shipping papers, no Shipper’s Certification on the bill of lading, and if the container meets the requirements in 173.27 no UN/DOT Specification (4G/Z or 1A1/X) containers. Just use the “Y” Limited Quantity Mark on the container of air Consumer Commodities, so that the same container that has been prepared for air as a Consumer Commodity may be shipped by ground using the Limited Quantity mark without a hazardous material shipping paper as a Limited Quantity.

If you have had the chance to read my blogs in the past you might remember that if you have an exception in column 8(A) of the 172.101 Table (for example 173.150 for flammable liquids), you can ship Limited Quantities in the ground mode using just the black and white Limited Quantity Mark without the “Y,” you do not require a Hazmat Shipping Paper and you don’t require an Identification Number and Proper Shipping Name mark or a Hazard Class Label on the non- specification container. All you need is just the Limited Quantity Mark without the letter “Y.”

NEW ID8000, CONSUMER COMMODITY, CLASS 9 FOR AIR WITH A SHIPPER’S DECLARATION AND/OR GROUND AS LIMITED QUANTITY WITH NO HAZMAT SHIPPING PAPER, USING THE “Y” LTD QTY MARK ON THE CONTAINER STARTING JAN. 1, 2013

NEW LIMITED QUANTITY GROUND ONLY USING JUST THE LIMITED QUANTITY MARK ON THE CONTAINER WITHOUT THE “Y” AND NO HAZMAT SHIPPING PAPER, NO SHIPPING NAMES OR UN/NA NUMBERS, STARTING JAN. 1, 2011

If this all makes sense and you see these exceptions clearly, then you might want to read it again or check out the other entries on Limited and Consumer Commodities in my blog. I do this stuff everyday, and have had a time of it with all the new changes. Please call, write, fax or email us anytime with a question on this or any Hazardous Material, Waste, Substances and/or Chemical. I will be off the road next week, and I would love to hear from you. Thank you for your readership and support.

Robert Keegan
President
Hazardous Materials Publishing

U DIRTY RAT

U won’t have Dick Nixon to kick around any more, U can lead a horse to water but you can't make him drink, U talking to me?, and U.S.A.  There are a lot of great things that start with U including the UN number in the hazardous material basic description on hazardous material shipping papers.  Starting on Jan. 1, 2013, for air, rail, water and highway hazardous material shipments DOT requires that the UN, NA or ID Number appear first in the shipping description per 49 CFR 172.202 (a) (1),(2),(3),(4),(5), (7) and (b).  For example, UN1090, Acetone, 3, PG II, NOT Acetone, 3, UN1090, PG II.

This should not be news to anyone because for the last few years, since the publication of the final rule, you have had the choice to use the new sequence with the UN number first or the old sequence with the UN number following the hazard class.

In international transportation the Queen’s English is dead or dying.  If I wake up in the near future and see the proper shipping names are no longer on the Hazardous Materials Table, I would not be surprised.  English may not be of much use in China, Germany or France, but numbers and symbols are.  So as the DOT adopts and tries to stay current with the UN  Dangerous Goods Recommendations, you will see the use of the numbers as opposed to English words to convey hazards when shipping hazardous materials.  The numerical hazard class, the numerical Packing Group and the UN number will be used to protect workers, the environment and transportation systems instead of the English proper shipping names.

So don't ship your flammable paint as Paint, 3, UN1263, PG II, instead ship it as UN1263, Paint, 3, PG II.
And Hazardous Waste Liquid NOS, 9, NA3077, PG III must now be shipped.as NA3077, Hazardous Waste Liquid, NOS, 9, PG III.
I am sure that most of you have already met this requirement, but we have received quite a few calls recently, and since you must keep your shipping papers for one year as a carrier,  two years as a shipper of hazardous materials and three years for all hazardous waste manifests (under 49 CFR 172.201(e)), I thought it would be a good time to remind everyone of this change.

Write, email or call if you have any questions on this or any other Hazardous Material, Hazardous Waste, Hazardous Chemical or Hazardous Substance.

The New 1910.1200 Hazard Communication
GHS Container Labels

UPDATE TO Rob’s October Blog, which was incomplete. In the October Blog, Acetone was identified under the Physical Hazard Classification as a Flammable Liquid, but was not identified under the Health Hazard Classification as an Eye Irritant and a Specific Target Organ Toxic. This is corrected in this revision. If you saved the original blog, please replace it with this one January 2013 HAZMAT ROB For about 30 years, manufacturers, distributors and importers have, voluntarily or mandatorily, provided Material Safety Data Sheets (MSDS) or Safety Data Sheets (SDS) and information on containers to convey the physical and health hazards of their hazardous chemicals to protect any “downstream” workers that may be exposed in the workplace. There have been countless systems developed and used over the years for this hazard communication. In the U.S. it is codified under 29 CFR 1910.1200 - Hazard Communication. On March 26, 2012, OSHA modified 1910.1200 to align with the United Nations Global Harmonization System of Classification and Labeling of Chemicals to reduce the burden on companies and increase the quality and consistency of information regarding chemical hazards and their associated protective measures in the workplace and transportation. There are three Information Communication Components under the new 1910.1200 Regulations based on the UN’s GHS: Labels, Written Safety Data Sheets or SDS, and Training. LABELS 1) Labels on the containers with 6 components on each label under 1910.1200(f). Each container label must have: Product Identifier (name or number); Signal word(s) (i.e., DANGER or WARNING); Hazard Statement(s) (i.e. Highly Flammable Liquid & Vapor) Red bordered diamond shaped pictogram(s) (i.e., skull & crossbones or flame); Precautionary Statement(s), (including specific prevention, response, storage and disposal statements); and Name, address, telephone number of the distributor, manufacturer, importer, or other responsible party. SAFETY DATA SHEETS (SDS) 2) A written 16 Section (12 of them mandatory) Safety Data Sheet or SDS with the following sections; Section 1 Identification Section 2 Hazard(s) Identification Section 3 Composition / Information on Ingredients Section 4 First-aid measures Section 5 Fire-fighting measures Section 6 Accidental release measures Section 7 Handling and storage Section 8 Exposure controls / Personal protection Section 9 Physical and chemical properties Section 10 Stability and reactivity Section 11 Toxicology information Section 12 Ecological information (non-mandatory) Section 13 Disposal considerations (non-mandatory) Section 14 Transport information (non-mandatory) Section 15 Regulatory information (non-mandatory) Section 16 Other information including date of preparation of last revision. TRAINING 3)  Training on the Hazard Communication Information, the new Hazard Communication Labeling Information and the Safety Data Sheets (SDS) new mandatory format. The biggest change under the GHS-aligned regulations would have to be the new container information or the Hazard Communication Labels. The label information contains standardized information so no matter who provides the information, the chemicals would have the same exact information. The Harmonization component of the new regulations is not only to harmonize the worker protection regulations around the world but to harmonize the hazard classes under the OSHA Worker Protection Regulations with the DOT/International Transportation Requirements. For example, take a pure chemical like ACETONE under both DOT and OSHA. Acetone is classified as a Hazard Class 3 or Flammable Liquid under the DOT Transportation Regulations in the 49 CFR 172.101 Hazardous Materials Table. Using 29 CFR 1910.1200 Appendix B.6, the DOT Flammable Liquid is also classified as a Flammable Liquid under OSHA because ACETONE flashes below 200 degrees. Then under OSHA, the Flammable Liquid Hazard Class is further broken down into 4 Hazard Categories - Category 1, Category 2, Category 3, and Category 4. The DOT Hazardous Materials Regulations have a similar system of 3 Hazard Categories for their hazard classes, called Packing Groups: PG I, PG II or PG III, further denoting the severity of the hazard. The DOT regulations in 173.120(a) state that if a material has a flash point of 140 degrees or less, it would be shipped as a Class 3 Flammable Liquid, and under 173.120(b), a material with a flash point above 140 degrees up to 200 degrees would be classed as a Combustible Liquid. If you compare that to 1910.1200 Appendix B.6, a hazardous chemical that flashes at 200 degrees or less is a Flammable Liquid under OSHA. Under 1910.1200, OSHA also requires the Signal Words “Combustible Liquid” on the Hazard Chemical Labels for flammable liquids that flash above 140 degrees up to 200 degrees. They both seem to have the same definition for the Flammable Liquid Hazard Class of not more than 140 degrees and Combustible Liquid of above 140 up to 200 degrees. But that is not where the similarities end. Under both DOT and OSHA, the Packing Groups and Hazard Categories are in most cases similar if not identical. In DOT’s 173.121 - Assignment of Packing Groups for Class 3 Flammable Liquids and OSHA’s 1910.1200 Appendix B.6, you will see that PG I and Hazard Category 1 have the same criteria. DOT and OSHA both state that if a material has a boiling point of less than 95 degrees (the chemical would have to boil out of the container at temperatures below 95 degrees), it is a PG I and Hazard Category 1. Water boils at 212 degrees, but water only gives off steam, not flammable vapors. PG I and Category 1 are considered to be the most dangerous. PG II under DOT and Hazard Category 2 under OSHA carry a flash point of not more than 73 degrees. Then for PG III under DOT and Category 3 under OSHA they both use the flash point above 73 degrees but less than 140 degrees. Then finally, above 140 degrees up to 200 degrees, would be Combustible Liquid under DOT in bulk containers and in Appendix C.4.19, the Hazard Statement on the Container Labels would also be “Combustible Liquid” for Hazard Category 4 under OSHA. DOT PG I and OSHA Category 1 have boiling points below 95 degrees DOT PG II and OSHA Category 2 are for Flammable Liquids that have flash points at 73 degrees or less DOT PG III and OSHA Category 3 flash from 73 degrees up to 140 degrees and DOT (no PG IV) and OSHA Category 4 state that above 140 degrees up to 200 degrees would be a Combustible Liquid. Acetone does not boil below 95 degrees but does have a flash point below 73 degrees; therefore, it would be classified as a Flammable Liquid under DOT and OSHA. Then, when we break Acetone down into the Packing Group under DOT and the Hazard Category under OSHA, Acetone would be a PG II in the truck and also a Hazard Category 2 in the plant when protecting workers. Using 1910.1200(f), Appendices C.4.5, C.4.11, and C.4.19; the Health Hazard Classifications in Appendix A; and the Physical Hazard Classifications in Appendix B, the containers of Acetone meet the health hazard classifications for Eye Damage/Irritation Category 2A and Specific Target Organ Toxicity (Single Exposure) Category 3, and the physical hazard classification for Flammable Liquid Category 2. Then as specified in 1910.1200 Appendix C the container label would have to include the Identifier “ACETONE,” Signal Word “DANGER,” and the Hazard Statements “HIGHLY FLAMMABLE LIQUID AND VAPOR,” “CAUSES SERIOUS EYE IRRITATION,” AND “MAY CAUSE DROWSINESS OR DIZZINESS.” The fourth component of the Hazard Container Labels under the 1910.1200 GHS-based regulations would be the diamond shaped pictogram, which in Appendix C.4.19 Category 2 for Flammable Liquids (Acetone), is the FLAME Pictogram and in Appendices C.4.5 Category 2A and C.4.11 Category 3 is the EXCLAMATION POINT. ACETONE, “DANGER,” “HIGHLY FLAMMABLE LIQUID AND VAPOR,” “CAUSES SERIOUS EYE IRRITATION,” “MAY CAUSE DROWSINESS OR DIZZINESS.” After the Product Identifier, Signal Word, Hazard Statement and the Pictogram comes the fifth component of the new GHS label, the Precautionary Statements. There are four Precautionary Statement areas indicated for each classification in Appendix C – Prevention, Response, Storage and Disposal. Finally, the Name, Address, Phone Number of a responsible party would be required on the OSHA Hazard Communication Labels. So, the containers of Acetone would display the following information: “ACETONE” “DANGER” “HIGHLY FLAMMABLE LIQUID AND VAPOR,” “CAUSES SEVERE EYE IRRITATION,” “MAY CAUSE DROWSINESS OR DIZZINESS.” PREVENTION “KEEP AWAY FROM HEAT, SPARKS, OPEN FLAMES, HOT SURFACES, NO SMOKING” “KEEP CONTAINERS TIGHTLY CLOSED” “USE EXPLOSION-PROOF ELECTRICAL, VENTILATING, LIGHTING EQUIPMENT” “USE NON-SPARKING TOOLS” “TAKE PRECAUTIONARY MEASURES AGAINST STATIC DISCHARGE” “WEAR PROTECTIVE GLOVES/EYE PROTECTION/FACE PROTECTION” “WASH HANDS THOROUGHLY AFTER HANDLING” “AVOID BREATHING FUMES” “USE ONLY OUTDOORS OR IN A WELL-VENTILATED AREA” RESPONSE “IF ON SKIN OR HAIR TAKE OFF IMMEDIATELY ALL CONTAMINATED CLOTHING. RINSE SKIN WITH WATER AND/OR SHOWER” “IN CASE OF FIRE USE CARBON DIOXIDE, DRY CHEMICAL POWDER OR FOAM TO EXTINGUISH” “IF IN EYES: RINSE CAUTIOUSLY WITH WATER FOR SEVERAL MINUTES. REMOVE CONTACT LENSES, IF PRESENT AND EASY TO DO. CONTINUE RINSING.” “IF EYE IRRITATION PERSISTS: GET MEDICAL ATTENTION” “IF INHALED: REMOVE PERSON TO FRESH AIR AND KEEP COMFORTABLE FOR BREATHING” “CALL MEDICAL PERSONNEL IF YOU FEEL UNWELL” STORAGE “STORE IN A WELL VENTILATED PLACE, KEEP COOL” “KEEP CONTAINER TIGHTLY CLOSED” “STORE LOCKED UP” DISPOSAL“DISPOSE OF CONTENTS AND CONTAINERS ACCORDING TO EPA CFR PART 260 THE HAZARDOUS WASTE MANAGEMENT SYSTEM, PART 261 IDENTIFICATION OF HAZARDOUS WASTES, PART 262 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTES OR IN ACCORDANCE WITH LOCAL, REGIONAL, NATIONAL AND INTERNATIONAL REGULATIONS”. ABC Corp., 555 Main St., Anytown, PA 19530, (555) 555-1212 The Hazard Communication Label Information will be required for responsible parties on containers before June 1, 2015. * Only the DOT transport markings and labels are required for outer packages. ** Where a pictogram required by DOT appears on a shipped container, the pictogram specified in 1910.1200 Appendix C.4 for the same hazard shall not appear. I am really looking forward to explaining these new and important regulations. Be aware that the March 26 Federal Register mandated other changes under OSHA in addition to 1910.1200 so be sure to check the final rule on our website yourself, as I can not cover all the changes in my blog. All the changes are included in the new Compliance Guide as well. If you have any input on the New GHS 1910.1200 Hazard Communication Rule, call, email or drop us a line and we would be thrilled to help you meet these new regulations as they come into effect over the next few years. Finally, please note that DOT has just issued a new International Harmonization Final Rule under HM215L, which is available on our website. Thank you! Robert J. Keegan Publisher Hazardous Materials Publishing Company www.hazmatpublishing.com Our next seminars will be in Hawaii on Jan. 24 and San Juan on Jan. 28 Rob’s Blog is meant for informational purposes only.  To remain in compliance with the regulations, you must consult the CFRs and Federal Register.  The publisher accepts no responsibility for errors or omissions.

Robert J. Keegan Publisher

The 500 Consumer Commodities

Tuesday, August 1, 2012
HAZMAT ROB

“Into the Valley of Death Rode the 500” (the poem), the Indy 500 (the race) and “I would walk 500 miles” (the song), all share the number 500, and now the Department of Transportation wants theirs. I have written in recent blogs about the new Limited Quantity and Consumer Commodity requirements; I have also written about the difference between the old and new Limited Quantity and Consumer Commodity and how they can be used together as the transition dates approach in Jan. 2013 and Jan. 2014 for air and ground. First, I blogged about Limited Quantity by ground and then I covered the Limited Quantity by air, so now would be as good a time as any to talk about air and ground shipments of the new ID8000 (identification number), Consumer Commodity (proper shipping name) and its hazard class 9, found in the 49 CFR 172.101 Hazardous Materials Table, including the new “Y LTD QTY” mark in 172.315(b) and the inner packaging limits of 500 ml for liquids and 500 g for solids in 173.167.

2.1 & 2.2 Aerosols, Class 3 PG II & III, Division 6.1 PG III,
UN3077, UN3082 and UN3175 (Solids containing Flammable Liquids, n.o.s.)

First, why would a hazardous material shipper want to take the consumer commodity exception in air? Well, these shipments don’t require UN specification containers and can be shipped as Class 9, even though they may meet more dangerous hazard class definitions. In addition, if you want to ship the same package of Consumer Commodity in the ground mode as a LTD QTY, you can by using its Y Limited Quantity mark, which would mean that in addition to the aforementioned container exceptions, the same container, when shipped solely in the ground mode, no longer requires a hazardous materials shipping paper, nor placards on the truck.

You could really save time on training and money on containers under the new international recommendations, finalized under HM-215K and found in 173.167, by shipping as ID8000, Consumer
Commodity, Class 9, for hazardous material shipments of Aerosols in 2.1 or 2.2; Class 3 Flammable Liquids in Packing Groups II and III; Division 6.1 Toxic materials in Packing Group III only; and UN3077, UN3082 and UN3175, provided such materials do not have a subsidiary risk and are authorized aboard passenger-carrying aircraft, when shipping in small inner packagings under 500 ml or 500 g in outer packagings under 30 kg each in the air mode.

Not Authorized in Ground as a Consumer Commodity

The old Consumer Commodity shipping name and ORM-D AIR mark is not authorized in the air mode after Dec. 31, 2012 (even though the Consumer Commodity ORM-D will be authorized until 2014 in the ground mode). After that date, if you were to ship a Consumer Commodity in the air mode internationally or domestically, the container would be marked “ID8000, Consumer Commodity” and display the Y LTD QTY mark per 172.315 and the Class 9 label on the container. Then the “ID8000, Consumer Commodity, Class 9” would appear on the shipper’s declaration. That has not changed under the international air requirements. The big change in the air mode under ICAO, IATA, and DOT (under the HM-215K international harmonization requirements) is that after Dec. 31, 2012, the Y LTD QTY mark must also be placed on the air Consumer Commodity containers as required in 173.27(f)(2)(ii).

By requiring the new Y LTD QTY mark with the ID8000, Consumer Commodity marking and the Class 9 label, you have the option down the road (whether you want to or not) to ship the package by air using the shipper’s declaration (air hazmat shipping paper) as ID8000, Consumer Commodity, 9, and on the container as “ID8000 Consumer Commodity,” with the Y LTD QTY mark and the Class 9 label; then with no modification to the container, to ship at a later date by ground without a hazardous material shipping paper, using the Y LTD QTY mark without removing the ID8000, Consumer Commodity marking and Class 9 label on the outer container. If the Y LTD QTY mark was not required in the air mode, the shipper would have to mark containers for air as a Consumer Commodity and then re-mark the containers in the ground mode as a Limited Quantity if they were to ship the materials in air then later by ground.

I might see some trouble in the ground mode on the shipping paper, as the shipper and carrier would have to ignore the Consumer Commodity, ID8000 mark and the Class 9 label on the container (that would be required in the air mode in addition to a shipper’s declaration), and then ship the same packaging without any hazardous material shipping paper in the ground mode as a Y LTD QTY, even though the container would read “ID8000, Consumer Commodity” with the Class 9 Label in addition to the Y LTD QTY mark.

Are you confused yet? I know how you feel, but if you follow these steps it will not be as hard as it may seem.

1. Meet the definition of a Consumer Commodity in 171.8.
2. Meet the new Consumer Commodity requirements in 173.167 for air - authorized hazard classes, non-specification packaging requirements, the Class 9 label under 172.401 and the Y LTD QTY mark.
3. When shipping by air use the new basic description ID8000, Consumer Commodity, 9 (as indicated in the 172.101 HazMat Table) on the shipper’s declaration in air. (When Traci put together the Hazardous Materials, Substances and Wastes Compliance Guide, she included both the new and the old basic descriptions to help ease through the transition date of 2013 for air and 2014 for ground.)

4. Then remember to mark the containers under 172.301 with ID8000, Consumer Commodity and the new Y LTD QTY mark in 172.315. Enter the ID8000, Consumer commodity, 9, the number and type of containers including the total amount in each container and the packaging instructions Y963 if shipped under ICAO on the Shipper’s Declaration.
5. Then later, if you so choose, ship the same container under DOT by ground using the Y LTD QTY mark on the containers without a hazardous materials shipping paper or placards.

Why would you ship as an “ID 8000, Consumer Commodity, Class 9” in air and Y LTD QTY in the ground? So that you would not have the same material marked one way for air and a second way for ground. If you never plan to ship hazardous materials in the air mode I would not take the Consumer Commodity exceptions because after 2012 the old Consumer Commodity, ORM-D AIR will be forbidden for use in the air mode and the new ID8000, Consumer Commodity, Class 9 will be restricted to only air after 2013. So if you don’t ship by air, don’t ship under the Consumer Commodity exceptions in 173.167; it would not make sense.

If you shipped your old Consumer Commodity as a new ground LTD QTY without the letter Y in the LTD QTY mark by ground only, the air restrictions for Aerosols in 2.1 and 2.2; Class 3 in PG II and III; Division 6.1 in PG III; and UN3077, UN3082 and UN3175 AND the 500 ml and/or 500 g amounts in 173.167 don’t apply. So as a ground only LTD QTY, each inner packaging for flammable liquids could be as large as 1 L for PG II and 5 L for PG III in 173.150. And, the new LTD QTY ground could have as many 1 L OR 5 L inner packagings as you want and outer containers could weigh up to 30 kg, as opposed to the same flammable liquid shipped as ID8000, Consumer Commodity, Class 9 with the Y LTD QTY mark and the 500 ml limit for each inner packaging, regardless of the PG II or III . No matter how you cut it, the letter Y inside the LTD QTY mark means smaller inner containers whether shipping by air or ground. The LTD QTY mark with the Y indicates the container is prepared for air but may be shipped by ground, whereas the LTD QTY without the Y indicates that shipment is only prepared for ground.

Acetone as Y LTD QTY air or ground = 500 ml x 2 for total of 1 liter (least) (173.27, 173.150(b)) Acetone as Consumer Commodity with Y LTD QTY air or ground = 500 ml x up to 30 kg (more) (173.167)

Acetone as LTD QTY without the Y in only ground = 1 liter x up to 30 kg (most) (173.150(b)) I guess the bottom line is if you can ship certain classes of hazardous materials in both air and ground with inner containers of less than 500 ml or 500 g and don’t need to ship in outer containers over 30 kg each, then the Consumer Commodity exception might be the ticket for you. If you ship only by ground and want to max out the inner container (fewer inner containers) check out my last entry in Rob’s blog “LTD QTY in ground.”

I hope this information has helped you with your Consumer Commodity shipments as we move into these new requirements. Check out my blog entries for Limited Quantity in Air and Ground. It just might be worth looking into these exceptions under the HMR to save your time and money on shipping papers, containers, marks and training. If you have any questions or something to add to this discussion please call or email us.

HAZMAT ROB
Robert J. Keegan
President

Limited Quantity by Air

Tuesday, June19, 2012
HAZMAT ROB

The smaller your containers of hazardous material, the more ways there are to reduce your transportation compliance responsibilities. The theory is that if a large container fails, then the contents
will be released in a larger amount, whereas, with a small container in an outer packaging, only a
small amount would be released in the case of container failure.

Small Quantities in 173.4, Excepted Quantities in 173.4a, Consumer Commodities in Column 2 or
Limited Quantities allowed in Column 8 of the 172.101 Hazardous Materials Table - which is the best
for your small combination packagings, your hazardous material or even hazardous waste? It depends
on whether you ship by Air, Ground, Rail, Vessel, or in Multi Modes and whether you ship domestically
or internationally.

The most restrictive and least beneficial would have to be a limited quantity shipment by air.
The hazardous materials would be fully regulated except for the use of UN spec. containers. The
shipper would still be required to meet the criteria in Subpart B of 173 for containers and 173.27
General requirements for shipments by aircraft.

For example, hazardous materials, like Acetone, Paint or Flammable Liquid, n.o.s., could be shipped
as a limited quantity by Air as a Class 3 Flammable Liquid in Packing Group II. The 172.101 Hazardous
Materials Table authorizes them all as a Class 3 Flammable Liquid with a Packaging Group II
in Columns 3 and 5, with one label in Column 6 - Class 3. If the shipper wanted to ship these materials
as a limited quantity by air, Column 8 Packaging does allow an exception in Column 8A by listing
173.150. This would be where the shipper would find the exceptions for both air and ground
limited quantity shipments. Section 173.150 excepts the shipper of limited quantities of flammable
liquids from the UN spec. container requirement for air. But that's it, no other exceptions. It is basically
a fully regulated hazardous material shipment!

The only benefit to shipping under the limited quantity by air exception besides the container exceptions
is that you could ship your limited quantity by air in the ground mode without a hazardous material
shipping paper. The letter Y inside the LTD QTY mark means the container is prepared for the
air mode, regardless of whether or not it is shipped by air. You could ship these containers by highway,
marked and labeled for air, as a limited quantity by ground with no hazardous material shipping
paper. The one container could be shipped by air with the Shipper's Declaration (air hazmat shipping
paper), then at a later date it could be shipped by highway without the hazmat shipping paper
or vise versa. So, if you only ship a few small inner packaging and want to use the same containers
in both air and ground as limited quantities marked and labeled the same way, preparing as a limited
quantity by air might be the way to go.

It has been suggested that if a shipper were to take the limited quantity spec. container exception in
the air mode, then they might be under additional scrutiny in the event of a package failure. The
logic is that a shipper would now have to prove to the FAA that they had met the packaging requirements specified in Subpart B and 173.27 for the drop test, vibration test and stacking test for their non-UN spec. containers. Since the only benefit is the non-spec. packaging exception, some shippers feel that in the event of a release shipping hazardous materials in the air mode, the pain of enforcement may not be worth the pleasure of saving on the containers.

E-mail, call or write if you have any questions or concerns on this or any DOT hazardous materials,
EPA hazardous wastes, or OSHA hazardous chemicals or substances regulations.

Robert J. Keegan
Hazmat Rob
Transportation Skills Programs
Hazardous Materials Publishing

Limited Quantity by Ground

Thursday, May 10, 2012
HAZMAT ROB

Man walked before he could fly, so it would seem appropriate to discuss the limited quantity excep­tion by ground or highway first. I will tackle these cost- and time-saving exceptions when shipped by ground, and then discuss the more restrictive air limited quantity exception at a later date.

Limited Quantity Ground (New) (by Jan. 1, 2014)

Since the new ID8000, Consumer Commodity, Class 9 shipping name will never be recognized in the ground mode and the old Consumer Commodity ORM-D will be forbidden as s shipping description in the ground mode after Jan.1, 2014, you might want to start shipping your ground Consumer Com­modities under the new Limited Quantity exceptions now and enjoy all the same current consumer commodity exceptions.

If you ship small containers of hazardous materials by ground only and are sick of paying for expen­sive containers and you want to reduce your mandatory training and testing requirements under the Department of Transportation, take a look at these new Limited Quantity exceptions and don't be the last one in town to run with them. If you want some help or have any questions or comments, please send us an email or give us a call and let's see if your materials can be transported safely with as little time and trouble as possible as a Limited Quantity by ground.

I will discuss the consumer commodity and limited quantity air/ground shipments using the Y LTD QTY mark shipments in a later blog entry.

Hazmat Rob
Robert J. Keegan
Transportation Skills Programs, Inc.
Hazardous Materials Publishing Company, Inc.

If It Looks Like A Duck...

Tuesday, April 3, 2012
HAZMAT ROB

OSHA is back from the trip abroad and has finalized its changes to the old domestic Hazard Communication Standard (HCS) to align with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) recommendations for hazardous chemicals in the workplace in 29 CFR 1910.1200. You have until Dec. 1, 2013 to train your employees on the new regulations published in the March 26, 2012 Federal Register. Then shippers, manufacturers and importers of hazardous chemicals will have until Dec. 1, 2015 to make sure that these hazardous chemicals meet all the new MSDS, or SDS, and Labeling requirements.

This new standard, implemented to harmonize the Department of Labor 1910.1200 regulations with the international worker protection recommendations will make container marking and the MSDS information in proper format for both domestic and international regulations for protecting employees in the workplace. The changes include the standardization of hazardous chemical classification like Flammable and Combustible Liquids; MSDS format; labeling; process safety; and substance-specific health standards. What it means is that we will be required to identify workplace chemicals under a new international classification system.

As mentioned, the compliance date for training on the new OSHA hazardous chemical requirements is Dec. 1, 2013, because OSHA believes that workers will start to encounter the materials in the workplace with the new SDS and container labels now, if not in the near future, as many companies will start to meet the requirements well before the final implementation date of Dec. 1, 2015. There will also be a 6 month extension for distributors who receive packaging very close to the Dec. 1 deadline until June 1, 2016.

These new requirements do have a silver lining. Many of the new classifications under the international GHS are in line with the Department of Transportation Hazardous Materials Regulations which the shippers have been using for the past 20 years. That has not always been the case.

See, the definition of a flammable liquid under the new HCS will have the flash point climbing from 100 degrees Fahrenheit to just under 200 degrees and combustible liquids will no longer be used as a classification. The new definition under HCS for flammable liquid will be broken down into 4 levels of hazard, just like under the DOT shipping regulations for Class 3, Flammable Liquid and Combustible Liquid. If your material or chemical boils out of the package giving off a flammable vapor below 95 degrees then it would be level 1 under HCS as opposed to Packing Group I under DOT. Level 2 under HCS would cover flammable liquids that do not boil below 95 degrees but do flash below 73 degrees, the same as PG II under DOT. If the liquid flashes above 73 but below 140 degrees it would be classified as a Level 3 under HCS and PG III under DOT shipping regulations. Finally, the combustible liquids that flash between 140 and 200 degrees would be classified as Level 4 in the workplace under the new OSHA HCS.

Corrosives under the OSHA HCS are also broken down using the same tests as under the DOT HMR. Both specify that a material is corrosive if the material or chemical causes full skin destruction in under 4 hours or has a severe corrosion rate on steel. The Packing Group I definition under DOT and/or Level 1 under the new OSHA HCS is under 3 minutes. It might take only one second or up to two minutes and 59 seconds, but in under 3 minutes you have full skin destruction. Then Level 2 under the HCS is if the material causes full skin destruction from 3 minutes up to 1 hour which is the same as PG II under DOT. Then from 1 hour up to 4 hours would be Level 3 under the HCS and PG III under DOT. Be aware that if the material does not eat through the skin in under 4 hours, the severe corrosion rate test on steel would also be covered under the Level 3 and PG III definitions respectively.

The point that I am trying to make is that the International Harmonization under OSHA will not only harmonize the international worker protection regulations internationally and domestically in the workplace, but it will harmonize the Hazard Classification under the OSHA worker protection regulations in the plant with the DOT Hazardous Materials Transportation Regulations in trucks, planes and vessels.

I would like to add a word of warning for materials that might not be classified under the DOT HMR in transportation, but may be covered under the OSHA HCS in the workplace. Carcinogens would be the best example of this discrepancy. DOT has only been mandated to protect transportation, not workers. I have never heard of a highway or airport getting cancer. DOT does not have a hazard class nor as a rule does it regulate carcinogens. However, long term exposure to many of these chemicals in the workplace is believed to cause death and illness to workers. Conversely, OSHA does not have the authority to regulate materials that are harmful to aquatic life so they were not authorized to adopt the Marine Pollutant or HCS aquatic guidelines under the International Recommendations. I guess that OSHA protects workers, but not walleye.

It will be nice to see materials classified using the same criteria on the trucks as in the plant. There is much more to this new rule than changes to the 1910.1200 Hazardous Chemical Worker Protection Regulations. We have already sent you this new rule in an email, but if you didn't receive it or want a copy, click here. I will be covering the information in greater depth as we start to try to meet these new requirements in the near future. In the meantime, If you have questions or concerns, please drop us an email or give us a call.

Hazmat Rob

Robert J. Keegan, President
Hazardous Materials Publishing Company, Inc.
Transportation Skills Programs, Inc.

UN Globally Harmonized System of Classification and
Labeling of Chemicals (GHS).

Tuesday, March 27, 2012
HAZMAT ROB

Good Morning, Everyone.

In yesterday's federal register, OSHA finally published the long-awaited Final Rule modifying the Hazard Communication Standard to align with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Among the substantial changes are revisions to:

1. Criteria for classification of chemical hazards
2. Labeling
3. MSDS format
4. Standards for flammable and combustible liquids
5. Process safety management
6. Substance-specific health standards

The final rule becomes effective May 25, 2012.

Please view the complete final rule via the following under our Federal Register Update Service at www.hazmatpublishing.com or under the Federal Register at www.gpoaccess.gov.

As always, please do not hesitate to contact us with any questions or concerns.

Gettin' it?

Tuesday, January 24, 2012
HAZMAT ROB

I wasn't gettin' it and now I am. It is not easy to understand what is happening with the old ConsumerCommodity ORM-D and ORM-D AIR and the new Limited Quantity regulations for hazmatshipments under the 49 CFR Hazmat Regulations. The reason that I say the "old" consumer commoditiesis because, unless you ship in the air mode, you will not be shipping consumer commodities.In the future (after Dec. 31, 2013), you will be shipping your old consumer commodities byground under the new limited quantity exceptions in 173.150-173.156 and still enjoy all the same exceptionsas the old consumer commodities ORM-D.

That's right, the new limited quantity shipments, when shipped by highway, will not need hazmatshipping papers, UN containers, hazard class labels, or proper shipping name and UN/NA identificationnumber marks on the outside container, provided the containers are marked with the new limitedquantity or "LQ" black and white mark without the letter "Y".

You can use the new shipping name ID 8000, Consumer Commodity, Class 9, per the 172.101 HazardousMaterials Table and 173.167; however, this applies "only if you ship by air." Unlike under theold Consumer Commodity ORM-D AIR, starting January 1, 2013, you may use the new ID 8000,Consumer Commodity, Class 9, when shipping 1) Class 2 non-toxic aerosols, 2) Class 3 flammableliquid in Packing Group II and III, 3) Division 6.1 toxic material in PG III, 4) UN3077, UN3082 andUN3175 and again only by air.

Limited quantities have always been and still are authorized in the 172.101 Hazardous MaterialsTable in the column (8A) exceptions. Then, this same exception would "allow" the shipper, if his materialsare "marked" for consumer use (for example, paint, glues, flavorings, extracts), to rename andreclassify their Limited Quantity as Consumer Commodity ORM-D (now in the 172.101 HMT and173.167). Why would a shipper reclassify a Limited Quantity shipment as a Consumer Commodity?To avoid the hazardous materials shipping paper requirements which were at the time still requiredfor the same chemical shipped under the Limited Quantity exception.

If you think you might have trouble with the transition date from old to new, can you mark and labelyour containers both ways? Yes, but only up until January 1, 2014 for ground and January 1, 2013for air. After those dates, you must use only the new shipping information and requirements. I haveput together some shipment examples under both new and old to try and help. DOT outlines this inthe Final Rule issued on Dec. 30, 2011.

For example: 1A would be a Limited Quantity of Class 8 Corrosive under 173.150 using the current(what I am calling the "old") requirements for ground that appear in the 2010 49 CFR with the propershipping name and the UN/NA ID number. 1B shows the new Limited Quantity requirements forground with only the new Limited Quantity mark in the 2011 49 CFR; and if you simply add the new"LQ" mark without the "Y" and leave on the proper shipping name and the UN/NA identificationnumber, you will meet both until 2014. Then if you leave the proper shipping name and the UN/NAnumber, even though it is not required, I don't think you would be in violation.

Example 2A shows the old Consumer Commodity shipment of Class 8 Corrosive (that was authorized in ground and will no longer exist for ground shipment after Dec. 31, 2013) under the 172.101 HMT Column (8A) and 173.150 through 173.156 Exceptions in the 2010 CFR for a Limited Quantity reclassified as a Consumer Commodity, showing the proper shipping name "Consumer Commodity" and the old "ORM-D" mark. Then diagram 2B shows the the new limited quantity mark because the shipping name Consumer Commodity ID8000 and ORM-D (and a combination of both new and old) is not authorized after Dec. 31, 2013 for ground. So the old Consumer Commodity could be shipped as a new Limited Quantity with the new "LQ" mark without the letter "Y". The letter "Y" certifies the shipment is authorized and meets the air requirements in 173.27 (i.e.: smaller containers and lower inner container amounts). With the "LQ" mark on the limited quantity container it would enjoy the old exceptions much like the old Consumer Commodity and shippers would no longer be required fill out and sign a hazardous materials shipping paper when shipped by highway.

Example 3A shows an old Consumer Commodity of Class 8 Corrosive that was authorized in the 2010 49 CFR for both air and ground for hazardous materials in Class 2 aerosols (other than Toxic), Class 3, Divisions 4.1, 5.1 & 5.2, and Classes 8 and 9 that were packaged in the same manner as if they were to be used by consumers per 171.8. Then the same Class 8 Corrosive in 3B is shown as a new Limited Quantity in the air mode after Dec. 31, 2012 because under the new Consumer Commodity ID8000 requirements (173.167), you can not ship Class 8 as a consumer commodity by air.

The old 2010 49 CFR requirements and the old Consumer Commodity ORM-D AIR after Dec. 31, 2012 would not be authorized in the air mode. However, after Dec. 31, 2012 the old Consumer Commodity Class 8 Corrosive could be shipped in the air mode as a new limited quantity with the "Y" LQ mark and the Proper Shipping Name and UN number "Corrosive Liquid Acidic Organic NOS, UN3265 marking, and the Class 8 Corrosive Hazard Label.

For materials authorized under the new 173.167 requirements as Consumer Commodities in the air mode, such as a Class 3, PG II or III, we must look at diagrams 4A and 4B. 4A shows an old Class 3 flammable liquid in PG II (UN1090, Acetone, 3, PG II) shipped as a Consumer Commodity ORM-D Air. Diagram 4B shows that Class 3, PG II shipped as a new Consumer Commodity under 173.167. Here the proper shipping name Consumer Commodity ID8000 is marked as well as the Y Limited Quantity mark AND a Class 9 label.

One more point if you want to try and wrap your head around it. Since the New ID8000 Consumer Commodity Class 9 air shipment has the LQ mark with the letter Y mark on the package (see Diagram 4B) the shipment "could" be shipped by ground as a Limited Quantity. Because the letter "Y" LQ mark is on the container, it could be shipped in both air as a Consumer Commodity ID8000 and in ground as a Limited Quantity. However, since the letter "Y" is indicated on the "LQ" mark, the shipper would be forced into using fewer and smaller inner packagings and you will certainly have to use a few more outer containers to ship the same amount of chemicals because of 173.27 limited quantity inner packaging requirements for air shipments.

If you are "gettin" the the new Limited Quantity and Consumer Commodity regulations you are way ahead of the Hazmat Community and will be in good shape as we move ahead. If not, you still have some time to get it together and understand what is going on. Please call or email us with any question that you might have and we will do our best to help you out.

See also Rob’s Blog titled ORM RIP and the Dec. 30 Final Rule for further information.

Hazmat Rob

Call Me...Not
And The Other Shoe Drops

Tuesday, January 3, 2012
HAZMAT ROB

I don’t know if you remember that I wrote in my blog about the new requirement, published in the Federal Register on February, 28, 2011 under the Pipeline and Hazardous Materials Safety Administration (PHMSA), that forbids drivers of placarded shipments of hazardous materials from texting while driving the motor vehicle, as adopted under the Federal Motor Carrier Safety Administration (FMCSA) back in September 27, 2010.  Well, the other shoe has dropped because in the December 2 Federal Register, the PHMSA along with the FMCSA now (effective January 3, 2012) restrict the use of any hand-held device for both texting and phoning.  This final rule does not regulate or in any real depth address “CB” radios or the use of hand held GPS’s.

The final rule states that:
“Texting means manually entering alphanumeric text into, or reading text from, an electronic device.

(1) This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, press more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication.

(2) Texting does not include:
Inputting, selecting, or reading a GPS;
Pressing a single button to initiate or terminate a voice communication using a mobile phone or ;
Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this part.”

And:

“Stops can be avoided by using technological solutions such as a hands-free mobile telephone with a speaker phone function or a wired or wireless earphone.  Most mobile telephones have a speaker phone function and one-touch dialing and thus, would be compliant with this rule.” 

So what does it mean to drivers of placarded hazardous material shipments?  I think that unless the driver has a new smart phone with voice activation, a one-touch calling feature, or an earphone (blue tooth), he will not be able to make a call or text, unless the the vehicle is stopped and no longer moving on the roadway.  The preamble states:

“DRIVING means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.”  

The penalties can be substantial to the driver and the carrier in lost money and time on the road.  Table 2 of Section 383.51 indicates violation could lead to fines and loss of CDL for 60 or 120 days depending on the number and time frame of the offenses.

So, now might be the time to get that new smart phone or blue tooth, or put off that call until you’re at the truck stop.  If there is an incident or an accident and the DOT wants to see your phone records don’t be surprised.  Or if you run a light or miss an easy pass and your picture is taken on the phone, that might be trouble down the road.  I think there might be a market for a cell phone adapter that looks like a CB radio, good buddy.  If you have any comments or questions regarding this entry or any hazardous material, hazardous waste, or hazardous substance regulation under The DOT, EPA,OSHA or DHS, please let us know.  I hope you have a great new year!

SEE 
76 FR 75470 (DEC. 2, 2011)
75 FR 80014 (DEC. 21, 2010)
76 FR 23923 (APRIL 29, 2011)
76 FR 10771 (FEB. 28, 2011)
No phone or texting FMCSR and PHMSA

P.S.: We are working on getting some training modules online.  Keep checking our website!

Five Fingers of Death Punch

Five pillars of Islam, Five-Card Stud, Five Guys Hamburgers and also the five levels of Hazmat Training under the Department of Transportation 49CFR 172.700 for shippers and carriers of hazardous materials, substances & wastes:

1) GENERAL AWARENESS
2) FUNCTION-SPECIFIC
3) TRANSPORTATION SAFETY
4) SECURITY AWARENESS
5) IN-DEPTH SECURITY

If your company, business, or organization offers or accepts hazardous materials for transportation, every employee who could, in any foreseen or unforeseen circumstance, perform any function under the Hazardous Materials Regulations (HMR) must be trained, tested and certified. OK. That's great, but what do I mean when I say "under the HMR"? Under 49CFR 171.2, it is pretty clear that DOT considers anyone who might identify hazardous materials shipments or determine if a material meets the definition of one of the nine hazard classes outlined in 173.2 to be "under the HMR."

DOT hazmat employee functions also include:
selecting a hazmat container, filling or closing the hazmat container, marking/labeling the hazmat container, filling out or signing the hazmat shipping paper, placarding the bulk container or vehicle, and providing the emergency response information. "Hazmat Employee" includes any person who performs a hazmat function in respect to your company's hazmat security plan and/or loads or unloads hazmat from transportation vehicles.

GENERAL AWARENESS
First and foremost, you must limit the number of employees that carry out these hazardous materials transportation functions. However, every employee must first know and understand what is and is not a DOT hazardous material. They must also understand what job functions are subject to the HMR. When I run our Transportation Skills Programs Hazmat Compliance and IATA Seminars, I always point one thing out. This is that members of IATA or airlines who do not accept hazardous materials cargo in their aircraft must still train, test and certify their employees on the Dangerous Goods or Hazardous Materials Regulations. This is so that employees can identify and then restrict their movement in company aircraft. And I can not tell you how many times I have heard about a salesperson who chose to put a sample of a hazardous material in their checked luggage instead of shipping under all those difficult Hazmat Regulations, not understanding corporate liability.

FUNCTION-SPECIFIC
Unlike General Awareness, function-specific training teaches each employee how to carry out the above hazmat functions. This includes things like how to fill, close, torque wrench, mark, and label a shipping container. It also includes things like filling out shipping papers, placarding, and loading or loading hazardous materials vehicles.

SAFETY TRAINING
You must train hazmat employees on the DOT emergency response information that must accompany shipments, the 24-hour emergency response telephone number on hazmat shipping papers, and the hazardous materials incident notification form and telephone number under 49CFR 171.15 and 171.16.

HAZMAT SECURITY TRAINING
Regardless of whether you trigger the thresholds that require a hazmat transportation security plan, you must still train hazmat employees under the Security Awareness Training. DOT has developed a CD training program to fulfill this component, which we give out in our seminars. However, if your company is required to have a hazmat security plan, then you must also train your employees on YOUR security plan.

Don't let the monumental task of training get the best of you. The gals in my office just converted DOT's fantastic Guide to Developing a Hazardous Materials Training Program, which has been on our website – transportationskills.com for the last few months in PDF form, to a word document. To get a copy of the word version (i.e.: a version you can edit), click on the link below. This will allow you to modify the training documents included with the names of your hazmat employees and print out when the DOT inspectors come around looking for a proof of the five separate hazmat training levels for each hazmat employee.

It may not impress them as much as your five fingers of death punch or a Five Guys hamburger but it sure beats getting fined five times for each of your hazmat employees. Also check out the DOT Pre-Inspection Checklist, the link to which appears below with the DOT Training Guide.

I also want to thank the folks who showed up at my Hazmat Seminars last week in Portland, Seattle, San Jose and San Diego.
I will be out in Chicago, Grand Rapids and Troy next week so call or text me when I get back. You can always call Traci if you have any question or comments.

Developing a Training Program Guide:

Pre-Inspection checklist:

Can I Be a Party?

Thursday, October 6, 2011

When you ship hazardous materials by air you are most likely shipping under a Special Permit.  The reason that I make this declaration (sorry for the pun) is because of the Shipping Hazardous Materials by Air Seminars that I conduct for my customers who ship dangerous goods by air under the IATA Dangerous Goods Recommendations.  We, at Transportation Skills Programs, Inc., tailor many of our in-house seminars to ensure that the participants are trained and tested on the Special Permits they use (and are more widely used than most shippers realize).  Case in point, when we tried to buy a UN hazardous material container to use in the air seminar as a training tool, everyone in the office went in search of a container for the air mode.  Each and every one of us was directed by the packaging and container companies to the SUPER containers or the SP- containers that a lot of shippers use to ship hazmat by air.

You can ship almost anything in these super containers in every mode - they allow Class 3, Class 4, Class 5, Class 6, and of course, Class 9.  These super containers are made up of different packaging components.  They have inner packaging bottles with closures, including the tape that is used to secure the tops of the bottles.  These then go into bags pre-filled with absorbents and twist tied.  The bags are then further put into tin cans that are closed and taped and put into another plastic bag and sealed.  They are finally put inside the outer box which is sealed with the pre-supplied tape.  These super containers not only pass all the performance oriented packaging standards, they usually exceed the packaging test requirement under the DOT for shipping hazardous material.  The hazmat shipper will sometimes find that even though a simple UN 4G/X (4 means box, G means fiberboard and X means Packing Groups I, II, III, see 178.500) specification box in the highway mode is authorized for use in the air mode, they are restricted by the air carriers. For example, some large carriers are notorious for requiring customers shipping toxic or poison Class 6.1 materials to use these SP- or super containers when shipping hazmat by air.

This year, Special Permit grantees (those who apply for and receive the Special Permit) and container manufacturers will find that the special permit application, renewal or application for party status process has become a little more detailed since the Final Rule in the Jan. 5, 2011 Federal Register.  For example, an application now requires the name of the CEO of the company that is applying for the special permit.  They must include a table of contents and the DOT also wants to know why you need a special permit?  How long will you need it for?  Did you use it since your company last applied for the special permit (in the case of a renewal)?  The locations where the special permit is to be used? How many times was a special permit packaging used?  The application must also now include the modes in which the special permit container would be used - air, highway, water and/or rail?  Also, the name and e-mail address of a contact person is required.  You may also require a registration number under 49 CFR 107.601 (if for example, you ship placardable amounts).  These registration requirements include “sufficient information on shipping and incident history, experience and increased safety risks relating to initial application, modification, or renewal of a special permit.”  In other words, did the container work or not?  The application can now be sent electronically.

Did you know that you can become a party to an application or existing special permit under 49 CFR 107.107 - Application for Party Status.  This application includes the information that was required for the original special permit, such as the name of your CEO, the company locations where the special permit will be used, point of contact, e-mail address, your Dun and Bradstreet number and if you have ever applied for the special permit before in the past, you must apply for a renewal under 49 CFR 107.109.

The special permit process has saved time and money for the hazmat shipping community and has helped shippers and carriers to use new packaging material and technologies that might make certain hazmat shipments harder or even impossible under the standard packaging regulations.

If you see an SP- number on a container or hazmat shipping paper, be aware that DOT has stepped up enforcement under “function-specific training” on these unique containers, so make sure to include them in your hazmat training program under 172.700. One of the problems I see with these special permits is that they are often used by individuals who are neither the grantee nor an authorized party to the special permits.  A special permit issued for batteries used in environmental monitoring equipment is unlawfully used for shipments of cell phone batteries.  That is why the DOT inspectors are looking very closely at the shippers and carriers using a special permit.  Like all performance-oriented packagings and UN approved containers, they have detailed closure instructions that must be kept on file with the shipper for at least 2 years for combination (inner and outer) containers and 1 year for single containers from the date the containers last left the facility.  Sometimes special permits may also relieve the shipper and carrier from other hazmat requirements, such as shipping papers, labels, placards and even emergency response information.  

These containers are special and they require special attention when applying for, becoming a party to or using a special permit container because if DOT finds out that you using a special permit improperly, then the party might be over.

Robert J. Keegan

DOT Special Permit Page

You’re Special

Thursday, October 6, 2011

Do your company and employees ship under a special permit?  You might be surprised to know there are many shippers and carriers that take advantage of the DOT hazardous material exemptions or special permits.  Containers shipped under a special permit will be marked “SP-,” followed by the grantee’s special permit number; and the SP-number will (when required) also appear on the hazardous material shipping paper. 

What is a special permit?  Well, the best way to explain the special permit process is to remember that packaging under the Hazardous Material Regulations is based on performance standards or testing - drop testing, vibration testing, stacking testing and hydrostatic testing.  So if a shipper, who has a unique product because of its size, physical state or even an unusual hazardous waste shipping scenario, can not find an appropriate DOT-approved container, but he can prove a non-authorized container or untraditional packaging is as safe and will provide the same or higher protection in transportation than mandated by Column 8 of the 172.101 Hazardous Materials Table, he can receive a special permit.  Special permits can include exemptions for non-specification packaging, forbidden material, reuse of containers and segregation requirements under the HMR.

Before the Performance-Oriented Packaging Standards (POPS) were adopted in the 1980’s, there were a lot more Exemptions (what we now call Special Permits).  Before POPS, manufacturing of containers was based on specifications; all containers were the same - same top, same bung and same welds.  Many of the old exemption containers passed the new performance standards, and were no longer required to apply for and maintain their exemptions.  But situations still exist where an exemption is appropriate.  

If you feel that it might be impractical to put your product inside a required container because of its size or physical state, it might be worthwhile to pursue a special permit.  An example of this is the 3HT cylinders that have been manufactured and requalified to be used as part of a fire suppression system aboard aircraft under a special permit; however, they must be tested at shorter intervals and different standards than 3HT cylinders that would just be used to ship hazardous material in transportation.  

If your containers and/or shipping papers display SP- numbers, then you are shipping under a special permit and you need to make sure that you train and test employees on the special permit requirements, have a copy of the special permit on file and include a copy of the special permit with the shipping paper (when required).  Special permits don’t only apply to your containers; they may also included exemptions for the shipper and carrier to forgo hazmat shipping papers, labels, placards, emergency response information and/or other requirements under Subchapter C of the HMR.

In the August 30 Federal Register, DOT published a notice reminding companies that any person shipping under a special permit must be trained, tested and certified on the special permits that they are using, as part of the function-specific training requirement under 49 CRF 172.704.  DOT feels that many hazardous material shippers and carriers who use special permits are not being trained, tested and certified on the special permit requirements, creating unsafe transportation scenarios.  The Federal Register notice reminds readers that “persons who violate the HMR may be subject to significant civil penalties and/or criminal fines and imprisonment.  Maximum penalties may be imposed of up to $55,000 per violation or $110,000 per violation if death, serious illness or severe injury occurs to a person or substantial destruction of property.  Potential criminal penalties include fines of up to $500,000 and/or ten years in jail.”

So if you’re using a special permit, make sure that you include that special permit in your training program because DOT inspectors might be stepping up inspections for shippers and carriers who use special permits as a way to improve Hazardous Material Transportation Safety.  That means that special permit shippers and carriers might be getting “SPECIAL” treatment or scrutiny when using these innovative and cost-saving special permits.

Robert Keegan

DOT Special Permit Page

IT HAS "BIN" GREAT

On July 20, 2011, the DOT finalized some new requirements for consolidation bins, IBCs, Class 9 labels and hazmat incident telephone notification. I thought I would write about some of the changes, to hopefully make it easier to understand and comply. I hope it helps. First, consolidation bins under 49 CFR 172.404(c) are reusable, made of materials such as plastic, wood or metal, and must not exceed 64 cubic feet. They are used by carriers to consolidate, secure against movement and provide additional protection to small packages. Carriers, not shippers, may use the bins, and they can only be used by a single carrier. Packages placed in the bins must be compatible per 177.848. Hazardous materials packages placed inside the bin must be properly labeled and the bin itself must be clearly marked on a tag or fixed display device with an indication of each hazard class or division contained in the bin. Don't confuse consolidation bins with overpacks, which are used by shippers when they decide to enclose one or more DOT specification containers in an outer non-specification packaging, or IBCs (intermediate bulk containers) which are containers over 119 gallons but not more than 973 gallons for liquids or less than 884 pounds for solids, sometimes referred to as totes. Speaking of IBCs, under 172.336 there is a change to the hazardous material marking, labeling and placarding requirements. IBCs are bulk containers and must be placarded on two sides, unless excepted under 172.514(c). The shipper can apply the 4 x 4 inch hazard class labels in place of the placards only for IBCs, not the large (big) bulk containers (over 1000 gallons), that require all four sides of the container to be placarded, and the transport vehicle must display both the hazard class placard and the UN/NA or ID number. This can be displayed on an orange panel or shown inside the hazard class placard as required for bulk shipments. That has not changed. The change under 172.336(d) affects the hazard class placard and/or labels, and marks on the IBC container. Bulk containers do not require the proper shipping name to be marked on the bulk container, unless in rare cases or tank cars and cargo tanks. However, bulk containers are required to be marked on two or all four sides with the materials UN identification number. This is where it starts to get complicated. IBCs must always have the UN identification number marked on the container with the hazard class placard or the label. The best way to meet this requirement would be to use the placard with the UN number inside the placard. You could even use the 4 inch hazard class label with the UN number inside an orange panel or in the square-on-point marking. If a shipper does not display the UN number inside an orange panel, square-on-point or inside the placard, the shipper would now be required to mark the IBC with the proper shipping name of the hazardous material and the UN number, in addition to the hazard class label or placard.

Let's try it a different way. I think there are now 7 ways to mark label and/or placard an IBC container:

1. The easiest way is use the hazard class placard with the UN number displayed inside the placard on two opposite sides of the IBC.
2. Use the hazard class placard with the UN number displayed inside the orange panel on two opposite sides of the IBC.
3. Use the placard with the UN number displayed in a square-on-point on two opposite sides of the IBC.
4. Use the hazard class 4 x 4 inch label with the UN number inside an orange panel on two opposite sides of the IBC.
5. Use the hazard class 4 x 4 inch label with the UN number displayed in a square-on-point marking on two opposite sides of the IBC.
6. Use the hazard class placard with the UN number and the shipping name marked next to the placard on two opposite sides of the IBC.
7. Use the hazard class 4 x 4 inch label with the proper shipping name and the UN number marked next to the hazard class label on two opposite sides of the IBC.

Also in this final rule, the DOT has clarified immediate notice of certain hazardous materials incidents in 171.15 to remove the requirement to contact the CDC for incidents involving etiologic agents. (As a side note, please remember the notification time specified in 171.15 is within 12 hours after and incident.) And finally, if you ship class 9 materials don't buy any more class 9 labels unless they are the same as the international labels used under IATA or IMDG. DOT is going to be phasing them in over the next 2 years, so use up your old class 9 labels because under 172.446(c), you have until Oct. 1, 2014 before the new labels must be used domestically. The change to the class 9 labels is very subtle so be careful when you order. Carriers have been using bins for years under special permit SP-14881. IBC containers have always required UN number marking and labels or placards. You have until Oct. 1, 2014 before you need to use the class 9 label domestically, and if you did call the CDC to report a release of a biological substance, you would never be in violation of any regulations, zero. So don't worry about them today. But, tomorrow?

Robert J. Keegan
Transportation Skills Programs, Inc.

ORM RIP

WHAT CLASSES AND HOW MUCH?

WHAT WILL I DO?

HISTORY

THE WAY WE WERE?

WHAT’S NEW GROUND?

(SEE FIGURE 1 ATTACHED)

WHAT’S NEW AIR?

(SEE FIGURES 2 & 3 ATTACHED)

WHEN DO I HAVE TO CHANGE?

Return to Gettin' it?

Hello Everyone. 

As we are nearing the end of the year, we have been looking back at the many of the regulatory changes, both final and proposed, of 2010.  It seems that many of them have generated quite a bit of confusion.  Thus began our new online feature – “Rob’s Blog,” which examines and attempts to explain these changes.  All of the blogs we sent out this year are archived on our website at: http://www.transportationskills.com/RobBlog.html. 

We have looked at the new large packagings, reductions in registration fees, new security plan applicability criteria, new emergency response telephone number requirements, new retention of manufacturer’s package instruction mandates, and more.  Coming soon will be a new blog on Class 9/ORM-D/Consumer Commodities.

We also want to point out that based on the proposed changes in HM-215K, we will most likely see DOT adopt the international ID8000 Consumer Commodity, thereby phasing out Consumer Commodity ORM-D.  We will keep you posted on this.

Thank you all for your continued support, and please check our website often for information on changes coming down the road

P.S.: We have seminars coming up in Portland Nov. 17 and Seattle Nov. 18.  Space is still available if this is in your area.

October 31 is not the scariest day of the month, it might be today. 

That is if you are not aware of the October 1, 2010 effective date for the new requirement in 49 CFR 172.802(b) requiring identification (by name and title) in the Hazardous Materials Transportation Security Plan of the person who is the senior management official responsible for overall security plan development and implementation.

The final rule instituting this change was published in the March 9, 2010 Federal Register under HM-232F.  As of October 1, a senior management official must be “named” who would ensure that the security plan requirements where fulfilled - such as initial and detailed security training, personnel security with background checks, unauthorized access and en-route security.  The transportation security plan must be writing and available to inspectors.  The plan also must be reviewed and updated at least annually, and employees must be notified of any changes.

That is not the only name that is required as of October 1, 2010 either.  There have been some problems with the Emergency Response Telephone Number requirements, concerning who is the shipper of the hazardous material and who is going provide the emergency response information.  So you now must ensure that the name of the “person” (see 171.8) offering the hazardous material for shipment is on the shipping paper before, after, above or below the emergency response telephone number, unless the shipper’s name is displayed in a prominent, readily identifiable and clearly visible manner elsewhere on the shipping paper.  The telephone number of the hazardous materials shipper must also be on the shipping paper in a location that allows the information to be easily and quickly found and must be displayed in a prominent, readily identifiable and clearly visible manner.  For example next to “EMERGENCY CONTACT ***-***-****.”

 If you use an “agency or organization” such as CHEMTREC to provide the emergency response information, the shipper may put their contract number with the emergency response information provider in lieu of the company name.  This must be located before, after, above or below the telephone number in a prominent, readily identifiable and clearly visible manner.  This allows the contract information to be easily and quickly accessed in the event of an emergency.  This contract number would be provided to the hazardous materials shipper or hazardous waste generator by the agency or organization that they are registered with who would ultimately provide the emergency response information.

Some people, including myself for many years, believed that if you have a copy of the shipping paper and the information in the Emergency Response Guidebook, you would be able to provide the minimally required information.  However, this does not seem to be the case under the October 19, 2009 Final Rule.  DOT states that the information should go well beyond the scope of the DOT classification requirements and hazard communication regulations (shipping name, hazard class, subsidiary hazards, packing groups, inhalation hazard zones) and the 2008 Emergency Response Guidebook.  49 CFR 172.604(a) states that “comprehensive emergency response information and incident mitigation information” must be provided by the emergency response information provider.

This makes sense because some international proper shipping names and some UN/NA Identification Numbers are not listed.  But it seems that the DOT is really asking the shipper to provide the information that might be found on the MSDS under OSHA. However, DOT also states that a rote reading of the information is not sufficient.  This would seem to suggest that the shipper would need to hire an industrial hygienist, chemist and scientist and have them available 24 hours a day on staff to lead emergency response teams though the response or just pay the yearly fee to an “agency or organization” that less that 1% of shippers would ever need to use.

These are not the only new requirements; under a September 30, 2010 Final Rule, the shipper must retain packaging manufacturer’s closure instructions for hazardous materials packaging.  In fact, DOT wants a copy of detailed and repeatable instructions for closure of the hazardous materials packaging.  These instructions must be prepared by the manufacturer or testing company and sent with each container unless the closure instructions are on the container itself (for example, if they are printed on an inside flap of the container).  This can’t just be available to the shipper on a manufacturer’s web site. They must be printable and available to the inspectors.  Hazardous materials shippers or waste generators must keep these instructions for two years for combination packaging and one year for single and composite packaging.

October is always scary when you go to see who’s at your door, but this October might be just a little bit scarier if it is someone dressed as DOT inspector.