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.