ICC Compliance Center
Looking Forward to 2019

At the start of each new year lots of things are said about changes to make in order for the next year to be better. Many make resolutions about losing weight or getting healthy. Others decide to be nicer to people, spend more time with family or volunteer. It doesn’t mean the previous year was bad, but things can always get better. Let’s look at this from a regulatory compliance point of view, and see if things will be better in 2019.

Changes to Regulations:

Starting January 1, 2019 there is a new version of the IATA Dangerous Goods Regulations. You must now be using the 60th edition. Luckily, IATA does a great job of giving advanced notice about what is changing late in 2018 so people can start to prepare before the new version takes effect. You can see the list of “significant” changes here. The IMDG Code was also updated for 2019. The new version is the 39-18 Amendment. You are allowed to use the 39-18 starting in January 2019, but the older 38-16 version is still viable for the rest of this year. Again, a summary of the changes for that regulation was published as well. You can find them here. The US ground regulations of 49 CFR had a few amendments throughout 2018, and there is a large one looming for 2019. To stay up-to-date Continue Reading…

Notice of PROPOSED Rulemaking: 49 CFR Docket HM-215O

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is at it again. Published on November 27, 2018 is a Notice of Proposed Rulemaking (NPRM) that many in the industry want to happen sooner rather than later. It is Docket number HM-215O. This amendment is a giant step towards better alignment of the Hazardous Materials Regulation (HMR), or 49 CFR, with the changes coming in 2019 for several international transport regulations.

Remember, this NPRM is just one step in the process for updating Title 49 of the Code of Federal Regulations. We still have to get through the comment period on this particular docket. Starting today, the comment period is open until January 28, 2019. After that window closes, each comment is reviewed and changes could be made to the amendment. The docket is then published as a Final Rule with a 30- to 60-day phase in period. If you feel strongly about a proposed change, speak now or forever hold your peace.

While what is listed below this is not a comprehensive listing of everything in the PROPOSED amendment, an attempt was made to focus on what could impact a majority of transport professionals. For access to the entirety of NPRM, go to https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-24620 and view the PDF.

Here are some of the PROPOSED changes in HM-215O:

  • Section 171.7 – This section will now include reference to the 20th Revised Continue Reading…
PHMSA Amendment HM-219

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued another final rule on November 7th. Again, this rule making is the only way to amend or change Title 49 for Transportation in the Code of Federal Regulations. In this case, the docket number is HM–219. Its goal is to “to update, clarify, streamline, or provide relief for miscellaneous regulatory requirements”. It has an effective date of December 7, 2018. While the published rule is only 20 pages long there are many areas of revision. Below is a list of the items that jumped out at me while reading it. If you wish to read the full rule making, please visit https://www.phmsa.dot.gov/regulations-fr/rulemaking/2018-23965.

HM-219 Highlights:

  • Section 172.205 had changes to paragraph (j) which pertains to the Hazardous waste manifest. You are now allowed to use electronic signatures when completing EPA forms 8700-22 and 8700-22A.
  • Section 172.407 had revisions to paragraphs (c) and (f). Paragraph (c) now says “inner border approximately 5 mm inside and parallel to the edge”. It still says the inner border must be 2 mm wide and that the thinner line border labels can be used until the end of the year. Paragraph (f) has included some additional references. It now says, “a label conforming to specifications in the UN Recommendations, the ICAO Technical Instructions, the IMDG Code, or the Transport Canada TDG Regulations … may be used in 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…
Motorcycles – Yes, They are Dangerous Goods

If you are feeling “Born to Be Wild” – Steppenwolf and looking to race down life’s highway on two wheels this summer, but short on time, or looking for an even better adventure across the pond, fly your bike and meet it there.

Wait! You can’t just show up at the airport and check in your motorcycle. Did you know that a motorcycle is considered to be a dangerous good? Under the IATA regulations, a motorcycle is classified as UN 3166, Vehicle flammable liquid powdered, hazard class 9; and therefore needs a shipper’s declaration form.

What does this mean to the average motorcycle enthusiast? It means that you need to seek the advice of a dangerous goods consultant, who specializes and can assist in providing instruction on the preparation of the motorcycle, and provide the proper signed shipper’s declaration.

According to Air Canada, some of the requirements at time of tender include:

  • The fuel tank must be drained as far as practical; and fuel must NOT exceed ¼ of the tank capacity
  • All batteries must be installed and securely fastened in the battery holder of the vehicle and be protected in such a manner as to prevent damage and short circuits
  • Spare key, to be left in the ignition
  • Alarm (theft-protection devices, installed radio communications equipment or navigational systems must be disabled
    Air waybill number (booking number)
  • Saddle bags may Continue Reading…
Toxic
The Zika Virus — Public Health Crisis and Regulatory Puzzle

Zika virus – the name itself sounds exotic and dangerous. It is believed to be a serious risk for pregnant women. And it’s due to arrive in North America. Just how great a danger is this virus, and how should research and medical facilities prepare for the regulatory burden?

First of all, Zika is not a new virus. It has been known since the 1950s in equatorial Africa and Asia, but only recently has it appeared to migrate to new territories, including South and Central America, the Caribbean and Mexico. It is primarily a mosquito-borne illness, transmitted by the Aedes genus of mosquitos. Possibly climate change has increased the populations of these mosquitos in the areas where Zika is spreading. Aedes mosquitos are found in some parts of the U.S., and although they are not currently believed to be in Canada, they may spread as the climate warms. Person-to-person transmission by body fluids is possible, but this would be relatively rare compared to the mosquito vector.

Zika is classed in the Flaviviridae family of viruses, along with dengue fever, West Nile virus and the notoriously dangerous yellow fever. However, compared to these, Zika is usually a mild affliction. According to the Centers for Disease Control (CDC), only one in five persons infected with the virus shows any symptoms at all. For those who do fall ill, the symptoms Continue Reading…

OSHA Flammable
“Light My Fire” – Calculating Flash Points for Flammable Liquids

One of the most common tests for determining hazard classification is the flash point. This humble piece of physical information is defined in various ways in various regulations, but generally is the lowest temperature at which the vapours from a flammable liquid will ignite near the surface of the liquid, or in a test vessel. This can be critical for safety, because this temperature will be the lowest possible for the liquid to cause a flash fire if released or spilled. If the material can be handled and transported at temperatures lower than the flash point, the fire risk will be much smaller.

The flash point has become the standard test for classifying flammable liquids. It’s used by the U.S. OSHA (Occupational Health and Safety Act) and HMR (Hazardous Materials Regulations) classification systems, as well as Canada’s WHMIS (Workplace Hazardous Materials Information System) and TDG (Transportation of Dangerous Goods Regulations).

Obtaining a flash point on a new product is usually easy enough. Many laboratories, particularly those that deal with petrochemicals, can perform the test for a reasonable charge. If your company has too many products to make outsourcing practicable, a flash point tester itself is comparatively low cost (as scientific apparatus goes), and a trained person can obtain data quickly and efficiently. However, both of these options do cost money. Wouldn’t it be nice if there were a Continue Reading…

When an Ordinary Box Isn’t so Ordinary After All (HazMat Box)

We have all used a fiberboard (or cardboard as most people call it) box to ship something. It may have been a box of gifts for a friend or family member, or a package of merchandise for a client at work. Most of the time, you probably didn’t give much thought to the box other than to make sure it was sturdy enough and big enough to contain what you were shipping. For these typical kinds of shipments, that ordinary box will do just fine. HazMat (or dangerous goods) shipments, however, aren’t ordinary and neither is the box that they need to be shipped in.

The packaging industry is a science in itself, with ever evolving processes, techniques, materials, treatments, and regulations. HazMat packaging is a specialized area of packaging technology, and it has some very specific requirements that must be followed. Even though a HazMat box may look identical to a standard shipping carton, there are some significant “behind the scenes” differences between them!

  1. Material matters! When dealing with HazMat boxes, there are specific tolerances for manufacturing. The combination of materials used to make up the fiberboard has very little wiggle room once the design has been approved and certified. Changes in the material may invalidate the certification and make the boxes non-compliant.
  2. Proven performance! HazMat boxes have to be put to the test before they can be Continue Reading…
Overpack Label
“OVERPACK” Markings – Overdone?

The Issue

The formalization of the overpack concept into the Canadian TDG regulations has been the subject of concern for domestic shippers of dangerous goods due to the wording for fully regulated (TDGR 4.10.1) products. The wording implies that even when the DG safety marks for packages within the overpack are visible, the overpack must still have an “OVERPACK” mark displayed. This leads to some additional labelling requirements, particularly for shippers of stretch-wrapped pallet loads.

Definition

We’ll pause to review the concept of an overpack, consistent among the various regulations (e.g. TDG, UN Model Recommendations, IMDG, IATA, & 49 CFR).
An overpack is non-standardized packaging that:

  1. Is used for handling convenience (e.g. to reduce multiple handling- I.e. 4 drums on a skid, allowing loading 4 at once rather than 4 trips, or 6 small containers in a “non-spec” master carton, or 48 small boxes stretch wrapped on a skid; a keg (small drum) in a non-spec box for stability, etc. )
  2. Cannot be used as a replacement for inadequate, required “standardized” packaging
  3. Is to be unopened between consignor and receiver
  4. Cannot interfere with the integrity of the standardized packaging (e.g. banding cutting into boxes on a pallet)

The common principle requires that the description of DG that cannot be seen once the overpack is in place will be reproduced on the outside of the overpack.

However, this could be misleading in that Continue Reading…

Danger Placard
Remembering Placards

Mnemonic Devices

How do you remember the meaning of something? Do you try to KISS it where KISS stands for – Keep It Simple Silly? Do you use mnemonics from elementary school and even through college to trigger your memory? I do, and boy how they make things easier. I bet you can remember ROY G BIV, the colors of the rainbow from art class. Music class they gave us easy ways to remember the treble clef with Every Good Boy Does Fine for the lines on the staff and FACE for the spaces. One of my favorites however, is PEMDAS to help remember the order of operations in math!

I am always looking for a fun way to help reinforce my memory. In the hazardous transportation industry there are so many things to remember or define. Oh and the acronyms!

What is a Placard?

Let’s take a look at placards. What is a placard? As defined in the Merriam – Webster dictionary a placard is defined as:

a large notice or sign put up in a public place or carried by people

Placards provide pertinent information about an area, a specific instruction, or a hazard. Placards are used in work places to communicate to people of special operating procedures. Placards are also used in transportation to warn of hazards that are present in a truck on the road, in a rail Continue Reading…