PHMSA Amendment HM-259

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule on October 18th. As you know, the only way to amend or change Title 49 for Transportation in the Code of Federal Regulations is through a rule making process. This particular docket number is HM–259. Its goal is to “align the U.S. Hazardous Materials Regulations with current international standards for the air transportation of hazardous materials”. It has an effective date of October 18, 2018. While the published rule is 23 pages long, I have attempted to hit the highlights here.  If you wish to read the entire final rule with the discussion on comments received, you can go to https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-22114.

Highlights of HM-259

  • 172.101 – Removal of A3 and A6 from Column 7 for multiple entries in the HMT. Provision A3 will be removed from all Packing Group I entries. Provision A6 will be removed from all liquid entries to which it is assigned.
  • 172.102 – A3 revised and now reads as follows: “For combination packagings, if glass inner packagings (including ampoules) are used, they must be packed with absorbent material in tightly closed rigid and leakproof receptacles before packing in outer packagings.” There is no longer a mention of using “tightly closed metal receptacles”.
  • 175.10(a)(18)(i) – Revised portable electronic devices by passengers and crew. This section has been expanded to include portable medical electronic devices with lithium metal Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 29

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

VOC/SDS

Q. We have a customer that is asking why the VOC content is “N/Av” on their SDS. It is required under OSHA or WHMIS?
A. According to US federal OSHA Hazcom 2012, and Canadian WHMIS 2015 rules, VOC information is not actually a mandatory item to appear in any section of a 16 Section SDS. It is commonly requested as a sub-item in Section 9, which is why ICC automatically includes the subheading. ICC does not calculate VOC levels, so the data would have to be provided by you. VOC information is common info to have for coatings, and has become important for coatings manufacturers due to Environmental regulations.

Lithium Battery Mark

Q. Customer called and asked if they ship UN3480 lithium batteries ground within the US, can they use the lithium battery mark instead of the class 9 lithium battery label, or do both have to be on the package. He also wanted to know what packing group lithium battery packaging had to be?
A. When shipping ground within the US, you are required to use a lithium battery mark OR a Class 9 lithium battery label. So just the lithium battery mark is fine in Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 22

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

Industrial vs. Consumer

Q. According to the WHMIS training I received, any product that is listed as a hazardous product under section 2 of their SDS and bears pictograms needs to be reflected on the product’s packaging and the product itself. I was also informed that if the product is packaged and sold in a consumer product manner then did not require WHMIS labeling, is this true?
A. WHIMIS 2015 does have consumer products listed in Schedule 1 (paragraph 12 (j)) as exempt (consumer products would be as defined in section 2 of the Canada Consumer Product Safety Act), among other products. Under the Canada Consumer Product Safety Act, consumer products are defined as “a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging.” Therefore, under most circumstances, consumer products would not require WHMIS labelling on their packaging.

Variation Packaging

Q. Our 4GV DOT-SP packaging comes with absorbent padding material inside of it. We call them pig pads. My question is this – if we are shipping something inside of those Continue Reading…
ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 15

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

Hazardous Waste and DOT

Q. Do I have to have hazardous materials training if I ship out hazardous waste?
A.Yes. If a person is shipping an EPA-regulated hazardous waste and that waste is required to be shipped on a manifest, then that material is subject to the DOT Hazardous Materials Regulations. In fact, there is a specifically worded certification statement on the manifest that certifies that the shipment complies with all applicable DOT requirements.

Wording on the Battery

Q. Do the words “Lithium Battery” have to be on the actual battery?
A. No, there is no requirement in the regulations to have those words on there. However, almost all of the transport regulations have added the requirement to include the watt-hour or gram content on the outer cases of said batteries.

HMIS

Q. I have some questions about HMIS ratings. Do you know where I can find more information on that? I’m having a hard time determining what PPE is needed at my facility.
A. We offer HMIS ratings as a service at ICC. As to the PPE component, the better course of action is to use the SDS and any risk assessment data at the facility to make those determination. Continue Reading…
PHMSA Has New Portal for Reporting Incidents
Palais des Nations in Geneva

A long time ago, when I was first living on my own, I made, or tried to make, a cheesecake. All the ingredients had been mixed and poured carefully into the pan. All I had to do was put it in the oven and leave it for the appropriate baking time. Unfortunately, as I was transferring it from the counter, the oven door shifted and jarred my hand. My delicious cheesecake batter ended up sloshing into the preheated oven, solidifying and creating a long and tedious cleanup instead of a tasty treat. All I could tell myself as I scrubbed away was, “It’s a learning experience.”

The same is true of hazardous materials (HAZMAT) incidents. While they produce short-term pain, the long-term gain is that we learn more about how to handle them safely. Therefore, the U.S. Department of Transportation (DOT) has required for many years that incidents such as fires, spills or the discovery by the carrier of unidentified hazardous materials should be reported to them. Under the DOT, the Pipelines and Hazardous Materials Safety Administration (PHMSA), which is responsible for the Hazardous Materials Regulations, established a specific form for this, called DOT 5800.1, the Hazardous Materials Incident Report.

What Needs to Be Reported?

The requirements for reporting are given in 49 CFR section 171.15, “Immediate notice of certain hazardous materials incidents.” A reportable incident is defined as Continue Reading…

ICC's Regulatory Helpdesk
Regulatory Helpdesk: October 1

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations.

Placarding Bulk Truckloads

Q. My truck has 4000kgs of drums of Class 3 UN1993 in it. Truck has Class 3 UN1993 placard on it . We pick up 1 empty tote (IBC) which is Class 3 UN1993 also. Can we keep the same placard on the truck or do we need to add Class 3 only? Same with empty drums. We just need to add primary CLASS card? All transported via ground within Canada.
A.Well the drums don’t need UN numbered placards since drums are considered small means of containment. A plain class 3 placard will do to represent the drums. It used to be in the Regulations that over 4000kg from one shipper could display UN numbered placard but it was repealed recently. Totes, even empty with residue, requires UN numbered placards for liquids in direct contact with the means of containment. You don’t need to add plain class 3 placard for the drums as both the drum and tote content is hazard class 3. So technically the truck displayed the correct placard (UN1993). If the drums were empty and less than 500kg gross mass then no placard will be required; however, if you Continue Reading…
United Nations Logo
2018 United Nations Regulatory Updates
Palais des Nations in Geneva

What’s New at the UN for Transport?

At this time of year all the regulatory updates start. Every time a notation comes across my desk or email I can’t help but think about a famous line in the movie “Sixteen Candles”. That particular line is “What’s happening hot stuff?” Click here to see the actual movie clip. One of these days, I want a presentation to start with this. It would sure break the ice on some rather detailed subject matter.

Having prepared you for thinking about what’s happening or changing, we have to start at the UN level specifically. Much of this information comes from a presentation by Duane Pfund at the Pipeline and Hazardous Materials Safety Administration. We need to focus on is what changed from the 2015 – 2016 biennium. That biennium gave us Revision 20 of the UN Model Recommendations for the Transport of Dangerous Goods. Revision 20 is what will drive the changes starting in January 2019.

What’s Happening or Changing for 2019?

  • Class 8 Corrosive Materials:
    • A new alternative method for classifying these mixtures is being introduced. It revolves around using the GHS Purple Book bridging principles and calculation methods. Note that flammable gases and explosives are on the list for this same concept in the current biennium.
  • Dangerous Goods in Articles:
ICC's Regulatory Helpdesk
Regulatory Helpdesk: July 30

IBC Residue, Choosing Placards, IATA Special Provisions, and Hazard Class Label Size

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. We’re here to help you become independent with – and understand the whys and hows of – the regulations. Please note that over the summer we will be going to a bi-weekly posting of Regulatory Helpdesk.

Residue in IBCs (TDG)

Q. Under TDG, do Intermediate Bulk Containers (IBCs) such as tote tanks that contain residues still have to be transported as dangerous goods? Should the placards remain or be removed?
A. Under TDG, packagings or containers that still contain enough residue to pose a hazard during transportation should still be treated as dangerous goods. Unfortunately, the regulations do not give a specific way of judging this, so they should be considered hazardous unless you are absolutely sure they are not. (There is some misinformation that you may come across about how to make this decision. TDG does not specify “triple-rinsing” as a standard for cleaning or declare that an inch or less of residue can be considered non-dangerous. These references may come from other regulations or industry guidelines, but do not apply to TDG.)

So, if your IBC contains a dangerous residue, it should be clearly identified as such for transportation. If it was originally placarded or labelled correctly, just leave those Continue Reading…

DOT 49 CFR USA
Updates to PHMSA HM-218H – New Compliance Dates

Winston Churchill and the 49 CFR

As a former high school science teacher, I had a few choice quotes posted around my classroom.  Some were motivational while others were thought provoking. One of my favorites was by Winston Churchill.

“All men make mistakes, but only wise men learn from their mistakes.”
-Winston Churchill

Granted I tweaked it from “men” to “people” so as not to exclude the other genders in my class. My purpose for that one was to prevent frustrations over calculations, lab results, or high school in general.

On June 2, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule on Docket No. HM-218H. That docket number had some as miscellaneous amendments to Hazardous Materials Regulations. Now, two years later we have a corrective rulemaking to HM-218H. Published on June 18, 2018 with an effective date of July 18 and compliance date of September 17, it addresses some appeals and comments to that previous rulemaking. Let’s see what changed or was corrected.

Updated/Changed Sections

  • 604 Emergency Response. Emergency response telephone numbers must be displayed in numerical format only. A shipper is no longer allowed to use alphanumeric phone numbers for the emergency response number. For example, 1-800 CLEAN IT is no longer an acceptable emergency response phone number. It must be listed as 1-800-253-2648 going forward. No enforcement actions will be taken from July 5, 2016 to Continue Reading…
Environmental Update
EPA e-Manifests Open to Waste Generators

Using computer near truck

Are You Ready for e-Manifests?

Paperwork – it’s one of the worst parts of dealing with hazardous waste shipments. In both Canada and the United States, hazardous wastes require a special document, the Waste Manifest that will not only serve as the transportation document for the dangerous goods/hazardous materials transportation regulations, but also allow environmental authorities to track the waste from the generator, who sends it for disposal, through the hands of the carrier, to the end receiver (in the US referred to as a TSDF, for Hazardous Waste Treatment, Storage and Disposal Facility).

In Canada, some jurisdictions have eased the burden by allowing the waste manifest to be created electronically. For example, in Ontario, the HWIN system has been used for years. However, until now, the United States has not had a system for electronic documentation, called e-Manifests. On June 30, 2018, that has changed.

The change has been a long time coming. Although the initial proposal by the Environmental Protection Agency (EPA) was made in 2001, it was not until 2012 that Congress passed the “Hazardous Waste Electronic Manifest Establishment Act.” Under the Act, a final rule was published in 2014 that approved the use of such manifests. Since then, the EPA has been working to create an online system that will allow the e-manifest to eliminate substantial chunks of the burden of manifests, as well as Continue Reading…