CONSISTENT AND REPEATABLE
Shippers of hazardous materials and generators of hazardous waste are required to retain and make available upon request, a copy of the packaging manufacturer's closure instructions and notifications, for inspection by representatives of the Department of Transportation for at least 90 days, after an authorized DOT/UN package is offered to the initial carrier for transportation.
PACKAGING INSTRUCTIONS
The instructions must provide a consistent and repeatable means of closure, (ie: the use of torque wrenches) sufficient to ensure the packaging is closed in the same manner as when the container was run through the drop, vibration, stacking and leakproof tests under the 49 CFR Department of Transportation Hazardous Materials Regulations and the 40 CFR Environmental Protection Agency Hazardous Waste Management System.
SHIPPERS PACKAGING RESPONSIBILITIES
It is the hazardous material and waste shippers’ burden to ensure that the packaging they select has been manufactured, assembled and marked, in accordance with EPA 40 262.30 and DOT 49 CFR sub-paragraphs 171.1(b),(2),(3),(4), Part 173 Shippers requirements for shipments of packaging, Part 178 Specifications for packagings or Part 179 Specification for tank cars. This would include applying the correct packaging closures, gaskets or other components that shippers of DOT hazardous materials and EPA hazardous wastes, need to ensure that the packaging is capable of successfully passing the manufacturer’s tests.
MANUFACTURERS, DISTRIBUTORS AND CONTRACTORS PACKAGING RESPONSIBILITIES
The manufacturer, any other person certifying compliance, each subsequent distributor and waste contractor who provide containers, under DOT 49 CFR 178.2, must provide the person to whom that packaging is transferred, at the time of transfer, all applicable closure and notification requirements, retain copies of each written notification for at least 1 year from the date of issuance; and make copies of all written closures and notifications available for inspection by representatives of the Department.
INNER PACKAGING AND RECEPTACLES
This information must also include the procedures and closure instructions to be followed for any required inner packaging or receptacle, so that they are effectively assembled and closed once placed into outer packaging to prevent leakage.
PRESSURE TESTING
And remember, packagings sold or represented as being in conformance for transportation by aircraft, the information must include proper guidance to ensure that the packaging, when prepared, will withstand the pressure differential requirements in DOT 49 CFR Section 173.27(c).
HARD COPY
Closure instructions and notifications must be conveyed to the shipper, in writing, by electronic means, including text, email or CD. (Note: If manufacturers testing companies and subsequent distributors utilize electronic means, the notification must be specific to the packaging and capable of being printed in hard copy)
REOFFERED PACKAGING
Subsequent offerors of a filled and otherwise properly prepared unaltered packaging are not required to “maintain” the manufacturer’s closure instructions, however they could still be fined if they were to reoffer a hazardous material or waste in an improperly closed container.
ARE YOU CLOSING YOUR CONTAINERS CORRECTLY?
If you have any questions or concerns about your cylinders, containers or tanks, call, email or sign up for our next hazardous materials and waste management seminar or contact us for in-house training.
Thank you for your readership and support.
Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc.