FEAR AND LOATHING IN BALLROOM B

When I first started running my father’s hazardous materials, substances and waste compliance seminars and for many years there after I was terrified by attendee’s questions. This was fueled by low self-esteem and lack of a traditional education. I would make the classic novice instructor mistake of becoming irritated and angry when confronted with a question or even the slightest clarification, as many long time attendees will attest, and which, for some unknown reason l have many. 

I wish I had some humorous or insightful situation in which I can remember when it changed. I do not. But, today it’s not the question that I know the answer to that I revel in, but the question I do not. 

Recently after running an in-house zoom seminar for them, a long time customer called me to ask if it would be alright to ship sulfuric acid in a 98% solution in a steel Intermediate bulk container, (IBC). My first reaction was fear and loathing as I am neither a chemical or industrial engineer, and because upon consulting the 49 CFR Department of Transportation, (DOT) regulations, it seemed that, 31A steel IBC containers, in addition to plastic 31H containers were listed in Special provision IB2 for this Class 8 corrosive.

The first thing you need to know about shipping hazardous materials and waste is that DOT does not authorize containers. They only require that a container be properly tested by manufacturers and then whichever DOT recommended container a shipper selects, is appropriate for that hazardous material.

Under the DOT hazardous material regulations in Section 173.136 corrosives are defined two ways. The first is testing up to 2 weeks on mammal membrane, using rabbits, and the second is severe corrosion rate on steel. The 40 CFR Environmental Protection Agency, (EPA) regulations in 40 CFR 261.22  picks up severe corrosion rate on steel but use the waste material’s PH in lieu of animal testing.

Numerous calls to the Department of Transportation Hotline, (800)-467-4922, to this corrosive chemical container conundrum, led to nothing that condoned or concluded that steel single containers would be appropriate at this concentration. 

Unfortunately, all of my regulatory research did not leave me or my customer with a confident conclusion. I felt defeated, until later that night when I decided to Google it, and found this link, that stated;

“When carbon steel comes into contact with concentrated sulfuric acid, there is an immediate acid attack with the formation of hydrogen gas and ferrous ions which, in turn, forms a protective layer of FeSO4 on the metallic surface. The durability of the tanks and pipes made of carbon steel will depend on the preservation of this protective layer“.

I am not a consultant, only a lowly instructor, who makes himself available to anyone burdened with hazardous materials, substances and waste responsibilities. I cannot tell you what they decided to do, as I don’t know and it is none of my business in the end. It seemed like a pretty gutsy move, I myself might have opted for one of the recommended plastic totes, if available. But I can tell you this, I’ll be more comfortable and confident if this question arises again, and for that I thank them.

Robert J Keegan
Publisher and President 
Hazardous Materials Publishing Company 
Transportation Skills Programs Inc.
hazmat.tsp@gmail.com

SPEAK NOW OR FOREVER HOLD YOUR PEACE

SPEAK NOW OR FOREVER HOLD YOUR PEACE

If you have professional or even personal issues with the present 1910.1200 Occupational Health and Safety Administration’s (OSHA), Global Harmonization Standard (GHS), Hazard Communication requirements then, you should check out the February 16, 2021 proposed rule and it’s comment period. It’s being updated to ensure the standard reflects lessons learned from past industrial experiences, the current state of scientific knowledge and other international and federal agency input. You now have a chance to be heard.

 Download: The February 16, 2021 Proposed rule and Preamble 

OSHA first established the 29 CFR 1910.1200, “Right to Know'' requirements back in 1983, then in 2012 harmonized it with with the United Nations, Globally Harmonized System of Classification and Labelling of Chemicals (GHS), to provide workers with the tools and training to recognize health hazards encountered in the workplace, with the goal of identifying, understanding, and communicating the hazards of the chemicals that they come in to contact with before they experience casual, acute or chronic exposure.

The proposed rule’s comment period ends April 19, 2021. So if you have concerns, (or even want to request the need for a public hearing), on OSHA adding definitions, implementing enforcement policies, incorporating compliance directives and international requirements, let them know. 

See the Guidance documents and FAQ, on OSHA’s Hazard Communication webpage.

In addition to international recommendations and evolving scientific knowledge, the proposed rule hopes to incorporate past Letters of Interpretation (LOI) issued by OSHA in regards to the labeling of small containers, pictogram provisions, the marking of shipping containers and the use of concentration ranges for trade secrets. 

Browse the 1910.1200 Hazard Communication Letters of Interpretation, (LOI). 

OSHA believes many SDS’s lack adequate information to communicate hazards and precautions. In studies they found that data on individual ingredients within mixtures was missing and in many cases information on hazard characterization and classification could be “ambiguous and almost entirely incorrect”. 

With this in mind, OSHA has raised additional concerns with and is requesting comments on, exposure to engineered nanomaterials like silver, silica and titanium dioxide which can be taken up in the lungs causing inflammation, tissue damage, fibrosis and tumour generation. They have concerns over the manufacture, use and disposal of these nanomaterials, as they may penetrate cell membranes and cause damage to intracellular structures and cellular functions. Their concerns range from antimicrobials in clothing to materials that come into contact with food.

The proposed rule’s contact is Frank Meilinger, Director of Office of Communications, telephone: (202) 693–1999; email: meilinger.francis2@ dol.gov. However, it notes for general information and technical inquiries to reach out to Maureen Ruskin, Acting Director, Directorate of Standards and Guidance, telephone:(202) 693–1950; email: ruskin.maureen@dol.gov.

We will of course cover the OSHA GHS proposed changes and clarifications in my future seminars and blogs. But, in the meantime if you have specific questions, or just lonely, call or email us. 

Robert J Keegan 
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc.
Hazmat.tsp@gmail.com

“LOOK MOM NO HANDS”

Go Small

Limited, Small and Excepted, I always encourage anyone who will listen, to take one of these exceptions when shipping hazardous materials or waste. Any time you can be “excepted” from the use of hazmat shipping papers, labels, marks, placards, emergency response information, DOT/UN containers, the 4 levels of training and the employee testing requirements, “Do it!”

LIMITED

Limited Quantities would be the first one for my clients who don’t like to fill out hazmat shipping papers, (i.e., no hazardous material endorsement signatures), which are assigned in column 8(A) of the 49 CFR Department of Transportation 172.101 Hazardous Materials Table. No UN/DOT containers, labels, vehicle placards or emergency response information and the best part no hazmat shipping papers, only manifests for waste.

Shippers and waste generators must display the “Limited Quantity Mark” on each package and train and test to all 4 levels under Part 172.700, but considering the lack of full regulatory compliance, the training documentation would be the biggest part of your regulatory responsibilities.

The shipping names “Acetone”, “Paint” and “Flammable Liquid N.O.S.”, all display the 173.150 exception in the Hazardous Materials Table. This would authorize Limited quantity ground containers of up to 30 kilograms each in combination non spec containers with up to 1 liter inner receptacles with just the limited quantity mark and the training requirements for these flammable liquids when in packaging group II. And for products like Flammable Paint or even Waste Paint it could up the inner packaging to 1 gallon because of the 172.102 Special provision 149 in column 7 of the Hazmat table.

There is even a provision in 173.25(b) to use shrinkwrap as the outer packaging, which can be a game changer when disposing of small containers of hazardous waste. This would be my preference instead of using the Section 173.12 Lab packs in certain cases.

SMALL

Small quantities are next on my list which would exempt you from all the Department of Transportation Hazardous Material Regulations, if you mark the lightly tested containers (up to 30 kilograms each) with the statement “This package conforms to 49 CFR 173.4 for domestic highway or rail transport only.” 

However, the maximum quantity of material per inner receptacle or article is limited to Thirty (30) mL (1 ounce) for liquids and gases, Thirty (30) g (1 ounce) for solid materials.

EXCEPTED

Excepted quantities would be last, but not least, on my list because of the benefits of this exception in the air mode (no shippers declaration). Of course, the total inner container amounts would be the smallest yet, with outer packaging aggregate quantity limits up to 1 kg (2.2 pounds) for solids or 1 L (0.2 gallons) for liquids and for Division 2.2 material, up to 1 L (61 cubic inches) or less. 

And with a maximum quantity for inner receptacles of up to 30 g (1 ounce) or 30 mL (1 ounce) for solids or liquids and for gases a water capacity of 30 mL (1.8 cubic inches) or less , and only minimal non UN packaging testing requirements when the combination containers display the “Excepted Quantity Mark” bearing the hazard class number and the name of the shipper or consignee if not shown elsewhere on the package.

You should really try to take these exceptions whenever you can, or give us a call and we can do it together.

Robert J Keegan
Publisher and President
Hazardous Materials Publishing Company
hazmat.tsp@gmail.com

I HAVE A BRIDGE, IN BROOKLYN I WANT TO SELL YOU

BROOKLYN BRIDGE “SELLER” SENT TO SING SING FOR LIFE

(Click link) 

Don’t worry, I'm sure that the 49 CFR Department of Transportation’s (DOT) major changes including the two increases in fines and penalties in the last year, for hazardous material and waste shippers, carriers, generators and transporters, don’t apply to you. 

They are just trying to scare you into meeting their new regulations. DOT won’t actually be checking any shipping papers, waste manifests, containers or your training records for compliance. I think all the inspectors are still at home.

National Highway Traffic Safety Administration 49 CFR Revisions To Civil Penalty Amounts

Who has the time to meet all those pesky requirements anyway. Certainly not you, you're busy, and have better things to do than be concerned about the hazardous materials and waste transportation regulations. I mean have you seen all the great new movies and streaming episodes on Netflix and Prime lately like “Lupin”, “The Queen’s Gambit” and “Stranger”.

Intent, is enough, once inspectors see you are intending to comply, that should be enough to send them on their way. Ok, if your containers leak, or your truck, train or plane is involved in an accident, fire or explosion, you might be subject to some scrutiny. However, I don’t really believe DOT, EPA or even OSHA are into compliance right now. 

DOT 49 CFR Adoption of Miscellaneous Regulatory Petitions, Pipeline and Hazardous Materials Safety Administration  

It is not like they really expect you to have a copy of the latest hazardous material, waste and worker protection regulations  or current training certifications , when the supply of toilet paper is so low. There are thousands of hazardous material and waste shippers and carriers, you have a better chance of winning the Power ball than being caught in violation.

And if you believe that,

“I have a bridge, I would like to sell you” 

Be safe!

Robert J Keegan

Publisher and President 

Hazardous Materials Publishing Company

Transportation Skills Programs Inc

Hazmat.tsp@gmail.com

BATTERED, BELITTLED AND BEWILDERED, BUT NEVER BEATEN BY LITHIUM BATTERIES

Here are some questions recently received from an awesome seminar attendee!

Are there DOT Hazardous Material Regulation (HMR) exceptions when shipping lithium cells or batteries?

The Department of Transportation (DOT), provides exceptions for smaller cells and lithium batteries in 49 CFR, paragraph 173.185(c),  based on the number of cells or batteries in each outside packaging and the “Wh hours” listed on ion rechargeable and the “amount of lithium” contained in each metal cell or battery. This paragraph can except shippers from hazardous material shipping papers, marks, hazard class labels, emergency response information and UN/DOT specification packaging requirements. 

Note: In 173.185(d), when larger cells or batteries are shipped for disposal or recycling, DOT provides relief from UN/DOT specification container requirements, but not the hazard communication requirements in Subpart C through subpart H of part 172.

How do you select DOT approved proper shipping names and containers when offering lithium cells or batteries?

When shipping lithium cells, batteries or any other hazardous material, proper shipping names are found in column 2 and packaging instructions in column number 7 and 8 of the 172.101 Hazardous Materials Table in the HMR. In the case of packaging both columns of the table must be referenced, for example, column number 8 of the HMT, could recommend packaging that column number 7 could restrict and vice versa.

How often does DOT container closure training have to be carried out when shipping lithium cells or batteries ?

All UN/DOT specification containers have closure requirements per manufacturer instructions. Specification hazardous material containers must pass drop, stacking, vibration and leak proof testing. All closure notifications and instructions per 173.22(4)(ii), must be maintained for at least 90 days after a container is closed for shipment. And re-training would be required every three years unless the container or it's instructions changed. (see; Rob’s Blog “Closure Requiremets”)

Are placards required when cells or lithium batteries are being transported?

Paragraph 172.504(f), provides exceptions from placarding, in subparagraph (9), for shippers and carriers from offering or displaying the Class 9 placard. However there is no exception for displaying the UN identification number on packaging or transport units when shipping Class 9 in bulk containers.

Can we ship ion and metal lithium cells and batteries in the same outside packaging?

Rechargeable Ion and non-rechargeable metal cell and lithium battery packaging authorizations are found in 173.185, as specified in column 8 of the 172.101 HMT, and are authorized to be shipped in the same outside packaging in certain cases. As long as the inner packaging requirements and the Special Provisions in column 7 of the HMT, are also met.

Are “RQ” requirements applicable when shipping lithium cells and batteries?

Lithium chromate is the only lithium listed in Appendix A to the172.10 HMT, the List of Hazardous Substances and Reportable Quantities, in which Lithium chromate, lists a “RQ” value of 10 pounds, for each package when shipped. A quick scan of a few OSHA safety data sheets, seems to reveal that lithium chromate is not a major or even a common component in most cells or batteries. However, it is always the shipper’s responsibility to decide if RQ values are met.

“LITHIUM CELLS AND BATTERIES ARE NOT DIFFICULT TO SHIP PER SAY, HOWEVER WHEN DOING SO, KNOWING THE ANSWERS TO THE FOLLOWING QUESTIONS BEFORE YOU REFERENCE SECTION 173.185 WOULD MAKE THE JOB MUCH EASIER”.

 Are you shipping batteries or cells?

Can you get a copy of the OSHA Safety Data Sheet?

Are the cells or batteries being shipped “individually” or are they shipped “with” or contained “in” equipment?

What is the Watt hour range on the lithium ion cell or battery?

What is the lithium content in the metal lithium cell or battery?

What is the gross weight of each cell or battery?

Are you shipping lithium cells or batteries for disposal or recycling?

Can you ship your smaller lithium cells or batteries using the 173.185(c) hazard communication and packaging exemptions?

Are you shipping by air, ground or both?

Are they being shipped in overpacks? 

If they are being re-shipped can you get a copy of the original hazardous material shipping paper and a photo of any of the inner and outer container with the markings that were used?

I love conducting my seminars, but your questions help me truly understand the regulations, provide me with examples and usually make me look more impressive in my next session. Thank you.

Be safe!

Robert J. Keegan 

Publisher and President 

Hazardous Materials Publishing Company

Transportation Skills Programs Inc

Hazmat.tsp@gmail.com