NON-BULK CONTAINER MANUFACTURER’S MARKS

June 3, 2015 HAZMAT ROB

NON-BULK CONTAINER MANUFACTURER’S MARKS

If your job is selecting 49 CFR Department of Transportation hazardous material non-bulk containers or packaging (not over 119 gallon for liquids and 882 pounds for solids), you will find it’s easier than most people think. Non-bulk containers are selected using a material’s proper shipping name and the instructions listed in Column 8B of the 172.101 Hazardous Materials Table.  But what do the marks on these specification containers mean? UN 4G/Y145/S/83/USA/RA means: UNITED NATIONS / BOX, FIBERBOARD / MEETING PACKING GROUP II AND III TESTS / 145 KG MAXIMUM GROSS MASS / MEANT TO CONTAIN SOLIDS OR INNER PACKAGINGS / MANUFACTURED IN 1983 / MANUFACTURED & MARKED IN THE USA /  SYMBOL OF TESTING COMPANY OR MANUFACTURER UN 1A1/Y1.4/150/83/USA/VL82 means: UNITED NATIONS / DRUM, STEEL, NON-REMOVABLE HEAD / MEETING PACKING GROUP II AND III TESTS/ 1.4 SPECIFIC GRAVITY / TEST PRESSURE OF HYDROSTATIC PRESSURE TEST OF 150  kPA / MADE IN USA  / MANUFACTURER SYMBOL BREAKING IT DOWN 49 CFR 178.500 quickly and easily in the same sequence as the marked or embossed on your boxes or drums.  Let’s breaks down the non-bulk container manufacturer’s marks using the cardboard UN box and a UN steel drum . First, clearly marked on the container would be the UN Mark  which designates that the container was manufactured to meet a United Nations standard. UN 4G/Y145/S/83/USA/RA UN1A1/Y1.4/150/83/USA/VL824 Identification codes for designating kinds of packagings consist of the following: CONTAINER TYPE (1) A numeral indicating the kind of packaging, as follows: (i) “1” means a drum. (ii) “2” means a wooden barrel. (iii) “3” means a jerrican. (iv) “4” means a box. (v) “5” means a bag. (vi) “6” means a composite packaging. (vii) “7” means a pressure receptacle. CONTAINER MATERIAL (2) A capital letter indicating the material of construction, as follows: (i) “A” means steel (all types and surface treatments). (ii) “B” means aluminum. (iii) “C” means natural wood. (iv) “D” means plywood. (v) “F” means reconstituted wood. (vi) “G” means fiberboard. (vii) “H” means plastic. (viii) “L” means textile. (ix) “M” means paper, multi-wall. (x) “N” means metal (other than steel or aluminum). (xi) “P” means glass, porcelain or stoneware. UN 4G/Y145/S/83/USA/RA  = CARDBOARD  BOX UN 1A1/Y1.4/150/83/USA/VL824 = STEEL DRUM A numeral indicating the category of packaging within the kind to which the packaging belongs appears after the identification codes for type of packaging and material of construction. For example, for steel drums (“1A”), “1” indicates a non-removable head drum (i.e., “1A1”) and “2” indicates a removable head drum (i.e., “1A2”). UN 1A1/Y1.4/150/83/USA/VL824 = STEEL NON-REMOVABLE HEAD DRUM PACKING GROUPS Next is the letter identifying the performance standard under which the packaging design type has been successfully tested: X—for packagings meeting Packing Group I, II and III tests;  Y—for packagings meeting Packing Group II and III tests; or Z—for packagings only meeting Packing Group III tests. UN 4G/Y145/S/83/USA/RA UN1A1/Y1.4/150/83/USA/VL824 CONTAINER CAPACITY Following the packing group identifier is the designation of the specific gravity or mass for which the packaging design type has been tested. When a packaging without inner packagings is intended to contain liquids, the specific gravity rounded down to the first decimal must be marked and may be omitted when the specific gravity does not exceed 1.2. Packagings intended to contain solids or inner packagings must display the maximum gross mass in kilograms. UN 4G/Y145/S/83/USA/13/ RA UN1A1/Y1.4/150/83/USA/VL824 FOR LIQUIDS OR SOLIDS OR BOTH  For single or composite packagings intended to contain liquids, the test pressure in kilopascals rounded down to the nearest 10 kPa of the hydrostatic pressure test that the packaging design type has successfully passed must also be marked on the container. When a packaging is intended to contain solids or inner packagings, the letter “S” must appear. UN 4G/Y145/S/83/USA/13/ RA UN1A1/Y1.4/150/83/USA/VL824 YEAR OF MANUFACTURE The last two digits of the year of manufacture is next. Packagings of types 1H plastic drums and 3H plastic jerrycan shall also be marked with the month of manufacture in any appropriate manner; this may be marked on the packaging in a different place from the remainder of the markings. UN 4G/Y145/S/83/USA/13/ RA UN1A1/Y1.4/150/83/USA/VL824 COUNTRY OF ORIGIN The state authorizing the allocation of the mark. For example, the letters “USA” indicate that the packaging is manufactured and marked in the United States in compliance with US regulations. UN 4G/Y145/S/83/USA/RA UN1A1/Y1.4/150/83/USA/VL824 MANUFACTURER The Container marks must then include the name and address or symbol of the manufacturer or the approval agency certifying compliance with Subparts L & M of Part 178. Symbols, if used, must be registered with the Associate Administrator. UN 4G/Y145/S/83/USA/RA UN1A1/Y1.4/150/83/USA/VL824 ADDITIONAL MANUFACTURER  MARKING REQUIREMENTS COMPOSITE PACKAGING When a metal or plastic drum or jerrican is intended for reuse or reconditioning as a single packaging or the outer packaging of a composite packaging, the thickness of the packaging material, expressed in mm (rounded to the nearest 0.1 mm), as follows: METAL DRUMS MARKING Metal drums or jerricans must be marked with the nominal thickness of the metal used in the body. The marked nominal thickness must not exceed the minimum thickness of the steel used by more than the thickness tolerance stated in ISO 3574 (see §171.7 of Subchapter C and see Appendix C of Part 178) The unit of measure is not required to be marked. When the nominal thickness of either head of a metal drum is thinner than that of the body, the nominal thickness of the top head, body, and bottom head must be marked, as follows “1.0-1.2-1.0” or “0.9-1.0-1.0”. PLASTIC DRUMS MARKING Plastic drums or jerricans must be marked with the minimum thickness of plastic.  Minimum thicknesses of plastic must be as determined in accordance with §173.28(b)(4). The unit of measure is not required to be marked. UN1A1/Y1.4/150/83/USA/VL824 1.0 mm ADDITIONAL METAL DRUM MARKING REQUIREMENTS In addition to the markings prescribed, every new metal drum having a capacity greater than 100 L must bear the required marks in a permanent form, on the bottom, even though the markings on the top head or side of these packagings need not be permanent, and need not include the thickness mark. If the  packaging has a removable head, the markings may not be applied only to the removable head. MARKING OF RECONDITIONED PACKAGING If a packaging is reconditioned, it must be marked by the reconditioner, near the other required marks, with the name of the country in which the reconditioning was performed (i.e;  “USA”); the name and address or symbol of the reconditioner. (Symbols, when used, must be registered with the Associate Administrator); and the last two digits of the year of reconditioning. Reconditioned Packagings also require the letter “R” and for every packaging successfully passing a leakproofness test, the additional letter “L”. Selection of hazardous material containers may seem to be complex, but this is not the case. Just remember that all of the manufacturer’s non-bulk container marking information can be found on just 4 pages of 49 CFR 178.500. The best part is that the information appears in the regulation in the order as it appears on the side of the drum. If you need help with container selection, call or email us and we will help you out. Thank you for your support and readership.

GHS – IT’S A NUMBERS GAME

May 6, 2015 HAZMAT ROB

GHS – IT’S A NUMBERS GAME

Last time I watched “Ice Road Truckers” on TV, I noticed part of the filming was in Winnipeg, Manitoba, Canada. I went to high school in Canada; Selkirk, Manitoba to be more precise,  which is 60 miles due north of Winnipeg. It was an outbound school, 2 week dog runs, 700 mile canoe trips and 50 mile snowshoe races. I loved it. I didn’t always excel in the classroom, but I really loved the outdoor programs. 1974 Back then, in school we were all required to learn both English and French. Canada has a rich French history. The French were the first Europeans to paddle and dogsled across its vast unknowns. Our school celebrated that spirit and history by retracing their hiking, portaging, canoeing, snowshoeing and dog sledding across pristine lakes, wild rapids and long forgotten, frozen, overgrown winter roads. FRENCH By law, French-speaking Canadians were required to be taught English and English-speaking Canadians were to be taught French. In addition, the Canadian government required all public information to be displayed in both French and English. So, no matter one’s primary language or attention span during French class, any important public information could always be equally understood. This was also the plan under the international United Nations Global Harmonization System (GHS). Can you imagine how hard it would be to prepare a hazardous chemical’s international SDS and its container labels for shipments to France, Germany, Spain, and Italy (and that would just be for just your European customers)? UN GHS NUMERICAL SYSTEM Well, that’s why in the international GHS, the UN recommended including a numerical cross-reference system on the international GHS container labels. That’s right, the UN’s GHS recommended including a numerical cross-reference alongside the written hazard communication information on the container labels, so that regardless of the language on the labels, employees could simply look up the information in their own language using the P or H numbers instead of the written words on the labels.  For example, Keep away from heat is number P210, Combustible liquid is H227, wear eye protection is number P280 and Use personal protective equipment is number P281. INTERNATIONAL EMERGENCY RESPONSE GUIDE This is very similar to the way the the international UN Numbers are displayed on trucks and bulk containers inside the orange panel or placards under the DOT Hazardous Materials Regulations and UN Dangerous Goods Recommendations. The UN numbers are used with the International Emergency Response Guide (ERG), which is compiled by Argentinian, Mexican, Canadian and the US governments and is printed in English, French and Spanish. In this way, the UN number can be cross-referenced with the emergency response information regardless of the emergency responder’s native language. REGULATIONS AND RECOMMENDATIONS Unfortunately, OSHA did not adopt the UN’s GHS in its entirety. OSHA only aligned with some of the international GHS Hazard Communication Recommendations. That’s because the UN can only recommend requirements, not promulgate or enforce them. That’s why they are called “recommendations.” It would have been nice if OSHA had decided to adopt all of it. But OSHA decided not include the International P and H numerical cross-references, the international marine pollutant tests, and the 5th Hazard Category. SIMILAR BUT NOT THE SAME So when you see the tiny red marine pollutant pictograms, the numerical cross-references on international GHS container labels or Category  #5 on international SDSs coming in from other countries around the world, relax.  Just tell your boss even though it may be a DOT marine pollutant domestically on the shipping paper and the side of the drum (as listed in 49 CFR Appendix B to the 172.101 Hazardous Material Table), it is not under OSHA. OSHA refused to adopt the UN GHS marine pollutant requirements because OSHA’s  authority is not to protect aquatic life, just human life. NO WE DIDN’T First, OSHA didn’t adopt the UN GHS Marine Pollutant testing recommendations. Second, DOT shipping regulations for marine pollutants are based on container sizes, the mode of transportation and their percentages inside each container as listed in Appendix B. And third, the UN GHS, in addition to their marine pollutant list, has an additional requirement to test or at the very least deploy bridging principles for classification of marine pollutants. BUY THIS BOOK If you were to secure a copy of the UN GHS Recommendations you would see there is a Category #5, which does not exist under the OSHA GHS; domestically OSHA only has Categories #1 through #4. You should see for yourself the international numerical cross-references on their container labels, which are not required domestically under OSHA’s 29 CFR 1910.1200 Hazard Communication Regulations. READY OR NOT I hope you have been trying to update your old Material Safety Data Sheets (MSDS) to meet the new GHS Safety Data Sheet (SDS) Requirements. As of June 1, 2015, the new SDS format is required and container labels must be affixed by the responsible parties. Don’t worry, I have seen very few companies whose SDSs and container labels are 100% OSHA GHS  compliant, as I am sure that OSHA is aware. ONE MORE TIME I said it once and I am going to say it again, there are very few changes under OSHA’s “new” 1910.1200 Hazard Communication Regulations. Really the only major change between the old and the new OSHA GHS is that OSHA added the brand new Appendix A Heath Hazards, Appendix B Physical Hazards, Appendix C Allocation of Label Elements, and Appendix D SDS Format Requirements. RELAX So don’t freak out if someone’s international GHS SDS looks a little different than your domestic SDS under OSHA. If you’re SDS is not exactly the same as one you received from France, that may just mean it is correct under OSHA .If you just copy the mandatory information in SDS Section #1 Identification and Section #2 Hazard(s) Identification onto your container labels, you will meet most of the new GHS requirements. This is all we do, so if you’re SDS looks like it’s “in a different language” or you have any questions on hazardous materials, hazardous waste, hazardous chemicals or hazardous substances compliance, give us a call, or better yet sign up for our next seminar when we’re in your town. We are sure you will be glad that you did. Thank you for your readership and support

Making (the orange) Book

April 29, 2015 HAZMAT ROB
I bet that most hazardous material shippers know that the little orange Emergency Response Guidebook or the ERG is updated and re-published every four years. Which is true. I also think that most hazmat shippers think the U.S. Department of Transportation is its sole publisher. Well, don’t you bet on it, because it’s false. The International ERG is actually put together by Transport Canada in Ottawa, ON; the U.S. Department of Transportation in Washington, DC; the Secretariat for Communication and Transport, Land Transport Directorate, in Coyoacan, Mexico; and Chemistry Information Center for Emergencies in Buenos Aires, Argentina. I am under the impression that in past years, Transport Canada has allowed interested parties to follow the progress of the upcoming ERG on the CANUTEC website. I can tell you that I have personally talked to Transport Canada on many occasions and found them to be very forthcoming in regards to the progress on the book. I have no problem with the fact that these international government agencies come together in this common cause. The trouble I have with the ERG is that it is updated every four years. Four years is a long time when it comes to hazardous material regulations. The Department of Transportation does not delay issuing new proper shipping names with new hazard classes, new packing groups and new UN identification numbers into the 172.101 Hazardous Materials Table. To prove my point, on January 8, the Department of Transportation added 17 new proper shipping names and UN numbers for Class 2, Compressed Gases to the 172.101 Hazardous Materials Table, that do not appear in the 2012 ERG. These 17 new proper shipping names with their new UN Numbers numbers were just added to the 172.101 Table to help DOT align the domestic Hazardous Material Regulations with the International United Nations Recommendations for Dangerous Goods. The new UN Identification Numbers start with UN3510 for Absorbed gas, flammable, N.O.S. all the way up to UN3526 for Hydrogen Selenide, absorbed. The Emergency Response Guidebook has been used for years to meet the shipper’s responsibility for providing emergency response information. Unfortunately, simply by having a copy of the emergency response guidebook in the truck will not meet the 49 CFR 172.600 Emergency Response Information Requirement if the required information is not in the book yet. Another common mistake shippers make is writing the emergency response guide number on the shipping paper. This would be fine if the driver had a copy of the book, which they are not required to have under federal law. Even though most hazardous material drivers have a copy of the ERG, emergency response information is required to be provided by the hazardous material shipper, not the driver. DOT allows the shippers three ways to meet the 172.600 Emergency Response Information Requirements for hazardous material shipments. The first way would be to make up your own form with the following required information: The basic description and technical name of the hazardous material as required by §§172.202 and 172.203(k), the ICAO Technical Instructions, the IMDG Code, or the TDG Regulations, as appropriate, Immediate hazards to health, Risks of fire or explosion, Immediate precautions to be taken in the event of an accident or incident, Immediate methods for handling fires, Initial methods for handling spills or leaks in the absence of fire; and Preliminary first aid measures. The emergency response information required for a hazardous material shipment must be printed legibly in English. The second way to meet the Emergency Response Information Requirement would be to attach a copy of the OSHA Safety Data Sheet (SDS) to the hazardous material shipping paper. OSHA requires a copy of the Safety Data Sheet be delivered with the first shipment of hazardous chemicals under 1910.1200 Hazard Communication Requirements for protecting workers. So, by including a copy with the shipment, it would meet the DOT hazmat Emergency Response Information Requirement and it would also meet the OSHA requirement for getting a copy into the hands of the distributor, supplier or end-users. The third and final way to meet the Emergency Response Information requirements would be to provide an emergency response information document. The Emergency Response Guidance Document would be used to cross-reference the description of the hazardous material on the shipping paper with the emergency response information contained in the document. Most shippers take the phrase “emergency response guidance document” to mean a copy of the ERG; however, DOT no longer actually mentions the ERG by name as they had for many years in the past. It’s funny but DOT does go on to say that aboard an aircraft the ICAO “Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods” would be appropriate and aboard vessels, the IMO “Emergency Procedures for Ships Carrying Dangerous Goods” would certainly meet the requirements for water. But again they do not mention the actual ERG or the Emergency Response Guidebook by name, only that the shipper may provide an “equivalent document” with the proper information, to satisfy the requirement.
I am certainly not suggesting that the Emergency Response Guidebook should not be used to meet the requirements under the Department of Transportation. In most cases the ERG will have the proper shipping names, UN identification numbers and emergency response information for almost all of your hazardous material shipments. I am only suggesting that before you make a book on it, you should check the ERG to make sure that the UN identification number and proper shipping name is listed for the hazardous material that you are shipping. If you have any questions, comments or concerns about your hazardous material, hazardous waste, hazardous substance, or hazardous chemical, give us a call or drop us an email and will certainly be happy to help you out. Thank you for your readership and support.

FISH OUT OF WATER

April 21, 2015 HAZMAT ROB

FISH OUT OF WATER

A final rule was published in the Jan. 8, 2015 Federal Register which contains additions and exceptions to the Marine Pollutant Regulations in 171.4 and to the List of Marine Pollutants in Appendix B to §172.101.  DOT added 62 new materials to the list and provided a new exception for small containers of marine pollutants when shipped by water or air. There is also one deletion from The Marine Pollutant List in order to be consistent with the international IMDG Code.  The entry for Chlorotoluenes (meta-; para-) was removed, based on its removal from the IMDG Code. Marine pollutants were only regulated domestically under the DOT Regulations when shipped in bulk containers (in any mode) and non-bulk by vessel only.  The Jan. 8 Final Rule, incorporating international exceptions for marine pollutants in the water mode, adds exceptions for certain small packages, which applies to ALL modes of transportation.  These exceptions are consistent with the UN Model Regulations, the IMDG Code, and the ICAO Recommendations. The 171.4 Marine Pollutants Exceptions states, “Except when all or part of the transportation is by vessel, the requirements of this subchapter specific to marine pollutants do not apply to non-bulk packagings transported by motor vehicle, rail car or aircraft.”  Now under HM-215M, single or combination packagings of Marine Pollutants containing a net quantity per single or inner packaging of 5 L or less for liquids or having a net mass of 5 kg or less for solids, are not subject to any other requirements of [Subchapter C] provided the packagings meet the general requirements in 173.24 and 173.24a. This exception would never apply to marine pollutants that are a hazardous waste or hazardous substance. In the case of marine pollutants also meeting the criteria for inclusion in another hazard class, all provisions of [Subchapter C] relevant to any additional hazards continue to apply. PHMSA is not proposing to remove the ability to offer marine pollutants as limited or excepted quantities, but does agree with commenters that the vast majority of shippers of limited or excepted quantity amounts of marine pollutants will choose to utilize the new exception instead of existing limited or excepted quantity provisions. DOT, in this Final Rule, makes clear there is no restriction on the number of 5 L containers that are permitted in a combination package, so a package containing four 5 L bottles would contain 20 L of non-regulated marine pollutants, but a 10 L jerrican would be fully regulated. That means there is no limit to the number of 5 L or 5 kg single or inner packagings that may be placed inside of a package under the conditions of the exception. There would be no requirement to mark a freight container with the large marine pollutant marking, because the freight container contains nothing but packages of excepted marine pollutants. As long as the packaging meets the 173.24 and 173.24a packaging provisions, no marine pollutant marking would be required on a cargo transport unit, regardless of the number of packages being offered under the exception. The use of the exception for single or inner packagings of 5 L or 5 kg or less is not limited to materials offered under the UN identification numbers UN3077 and UN3082, but would also apply to marine pollutants that meet the definition of other hazard classes (i.e., paints or n.o.s. entries that meet the definition of more than one hazard class). However, it must be remembered that if the marine pollutants also meet the criteria for inclusion in another hazard class, all provisions of Subchapter C relevant to any additional hazards continue to apply. So if a shipper of a marine pollutant had a chemical that was a flammable liquid, Class 3 and also a marine pollutant, then the shipping paper would not have to include the words “Marine Pollutant” and  the containers would not bear the marine pollutant mark by vessel if the inner packaging(s) didn’t exceed the 5 Liter and 5 Kilogram amounts.  But the container would still require the the shipping paper with its proper shipping name, UN number, hazard class 3 and Packing Group, and the container would still require the Shipping Name, UN number and  Flammable Liquid Label. The Federal Register documents that since 2009, of the 415 initial reports to the NRC involving containership during that period.  None of the incidents involved containers of the sizes, amounts and types listed in the exception. I will be reviewing all of the major changes in the Jan. 8, 2015 Final Rule in the coming weeks. But if you have any questions on the changes to the Overpack, Batteries, Cargo Aircraft Only Label and the new and revised Proper Shipping Names, Hazard Classes, Packing Group Table changes before I do, please give us a call. Thank you for your readership and support.

I NEED MY SPACE

April 9,2015 HAZMAT ROB

I NEED MY SPACE

I have always felt that it is not what you say, but what you don’t say that is important. The same could be said for selecting containers for your shipments of hazardous materials and waste. Just because a packaging is authorized does not mean that particular packaging can be used for your material. Sometimes it’s the authorized container you don’t choose that’s more important than the one you do choose. There is a big difference between an authorized container and the correct container. SPEC VS POPS Back before the performance-based testing, when containers were made to specifications, DOT went after manufacturers for making a container improperly when the container failed. The logic being that if containers failed, the manufacturer had not met the DOT manufacturing specifications. Unfortunately, since 1993, DOT containers are based on performance testing, under the Performance-Oriented Packaging Standards(POPS). Now when a container fails in transportation, DOT looks at the shipper first and fines the shipper for not properly training the hazmat employee on selecting, filling or closing the container. YOU, NOT THEM That’s right, apparently under POPS when containers fail in transportation, DOT looks to the shipper first to determine if all of the manufacturer’s container and closure instructions were followed before confronting the manufacturer. If my memory is correct, in either the Proposed or Final Rule for POPS, it mentioned that DOT was planning to build mobile test laboratories that could be sent to test containers at the shipper’s dock when containers failed. But don’t expect to see one; I don’t think DOT ever got the mobile testing labs in their budget. HEADSPACE A common question when filling containers seems to be about the minimum or maximum amount of headspace allowable in certain UN 1A1, closed head steel drums filled with hazardous materials or waste. I don’t think there is any required amount of headspace. The only requirement seems to be that the container does not fail when shipped no matter how much headspace is left in the top of the drum. The DOT Hazardous Materials Regulations in 49 CFR only state that, “when filling packagings and receptacles for liquids, sufficient ullage (outage) must be left to ensure that neither leakage nor permanent distortion of the packaging or receptacle will occur as a result of an expansion of the liquid caused by temperatures likely to be encountered during transportation.” COMPATIBILITY Just because a packaging has passed the prescribed drop, vibration, stacking and leakproofness tests does not mean that it can be used. The shipper must document that the authorized containers selected will be compatible with the material. DOT states that even though “the packaging is capable of passing the prescribed tests in Part 178… and even though certain packagings are specified in this part, it is, nevertheless, the responsibility of the person offering a hazardous material for transportation to ensure that such packagings are compatible with their lading.”  FOR EXAMPLE, A FLAMMABLE When your material is a Class 3 Flammable liquid, DOT authorizes both plastic and steel drums. Section 173.202 authorizes the use of both of 1A1/1A2 closed and open head steel and 1H1/1H2 closed and open head plastic drums for flammable liquid, n.o.s. To be honest, I would feel comfortable using either steel or plastic containers if my material were just a flammable liquid. The reason being that most flammable liquids do not react unfavorably with plastic or steel. CORROSIVE But be careful; if your material is a Class 8 Corrosive, the DOT regulations could also authorize the exact same 1A1/1A2 steel and 1H1/1H2 plastic drums. This is because per Column 8A of the 172.101 Hazardous Materials Table, DOT authorizes the same plastic or steel drums under 173.202 for both Flammable Liquid, n.o.s., which is Class 3, and Corrosive Liquid, n.o.s., which is Class 8. So most shippers might assume that the same steel and plastic drums could always be used for both materials. That may not be the case. STEEL OR PLASTIC The shipper may be authorized to use the same steel or plastic containers for both materials. But the containers may not be compatible with both materials. What if the authorized steel or plastic drums were not compatible with the corrosive? The container, even though it is authorized in Column 8A and 173.202, would only be appropriate for both materials if neither type of container failed. However, if the steel drum holding the corrosive material were to fail or suffer from “corrosivity, permeability, softening, premature aging and embrittlement” because of its corrosive characteristic, it seems that then, and only then, would the shipper be in violation for not using the correct container for the material. MIXED CONTENTS Seminar attendees often ask which chemicals can be shipped together in the same outer packaging. It can be difficult to say, and DOT will only say that “hazardous materials may not be packed or mixed together in the same outer packaging with other hazardous or nonhazardous materials if such materials are capable of reacting dangerously with each other and causing combustion or dangerous evolution of heat, evolution of flammable, poisonous, or asphyxiant gases, formation of unstable or corrosive materials.” CLOSURE Did you know most steel drum closures require a torque wrench? So, without the correct equipment, how would the shipper ensure the container was “closed that under conditions including the effects of temperature, pressure and vibration normally incident to transportation there is no identifiable release of hazardous materials to the environment’ and that “the closure is leakproof and secured against loosening? INSPECTIONS When a container fails, it must be reported per 49 CFR 171.16. This incident report will be sent to DOT. A local DOT inspector will then most likely schedule an appointment to review the shipper’s hazardous materials documentation, including training records, manufacturer’s closure instructions and closure equipment (torque wrench) for the container that failed. PACKAGING ENFORCEMENT The inspector will also ask the shipper for the documentation used to determine the material’s hazard class(es) and specific gravity. The shipper will then be asked to explain the process used to determine the proper containers. Finally, the inspector will asked the shipper to show what information was used to determine the container was compatible with the material it contained. SHIPPING DOCUMENTATION Most shippers do not realize they are required to maintain manufacturer’s closure instructions. You must train and test your employees on the proper selection, filling and closing of containers. Shippers must keep closure instructions one year for single containers and two years when using combination containers. The container manufacturer’s name or symbol can be found at the end of the required manufacturer markings displayed on the side of each container. WORK WITH SUPPLIER Before you ship any hazardous materials or waste, it would certainly pay to spend some time with the manufacturer of your containers to ensure that the containers are compatible with the specific materials that are being shipped. The manufacturer should have some guidelines or recommendations. If my supplier or manufacturer could not tell me if the container was compatible with my material, based on the liability, I would have to look to a different supplier who could provide that information. NERVOUS NELLIE I get nervous when asked to help in the selection of containers. I am never really sure the person asking knows what they are shipping. Then I am not always sure that the person filling and closing the container has been trained and has the right equipment to close it properly. I find it is safer sometimes to tell the shipper which authorized containers they should not use, rather than which ones they should. So, if you know what your material is, but are not sure which containers you should use, you are not alone. If you give us a call, and we can, at the very least, tell you which containers not to use. Thank you for your readership and support.

AEROSOLS: WHEN CAN I THROW THEM OUT?

AEROSOLS: WHEN CAN I THROW THEM OUT?

I have discussed shipping aerosols under the Department of Transportation in the past,  but I have received inquiries as to when a discarded aerosol can is or is not a Federal hazardous waste under the Environmental Protection Agency Regulations. In a recent seminar in Milwaukee, seminar attendees asked me about the disposal of aerosol cans as hazardous waste. OK, here’s what I found. The Federal Environmental Protection Agency, or more specifically, Jeffrey D. Dent, EPA’s Acting Director of the Office of Solid Waste, in his October 7, 1993 letter to the Chemical Specialties Manufacturers Association, discusses residential aerosol cans, which are exempt from the Federal Hazardous Waste Regulations as household waste. However, in the second part of his letter he discusses commercial and industrial aerosol can disposal

RECYCLED AEROSOL CAN

Concerning  recycled aerosol cans meeting the characteristic of reactivity, the letter states, “The Agency is not able to determine whether various types of cans that may have contained a wide range of products are reactive. However, a steel aerosol can that does not contain a significant amount of liquid would clearly meet the definition of scrap metal under 40 CFR 261.1(c)(6), and thus, would be exempt from the RCRA regulations under 40 CFR 261.6(a)(3)(iv) if it were to be recycled. Therefore, any determination of reactivity or any other characteristic would not be relevant.” The key to this paragraph seems to be the statement that the “aerosol can does not contain a significant amount of liquid.” And that is why the letter goes on to state, “aerosol cans that have been punctured so that most of any liquid remaining in the can may flow from the can (e.g., at either end of the can) and drained (e.g., with punctured end down), would not contain significant liquids.” Even though the empty aerosol cans could be exempt for scrap steel recycling under the 261.6 requirements for recycling materials, the agency recommends activities be conducted in a safe and environmentally protective manner and that care be taken to properly manage any content removed from the containers, both liquid and gases, as these may be subject to the regulations as hazardous waste. Based on that, even though any liquids or vapors removed from the aerosol cans could be considered hazardous waste, if an aerosol can that has been punctured and had its contents, whether liquid, solid or vapors, removed and captured, then the remaining punctured can would be scrap metal and if recycled, would not be a hazardous waste.

IS IT A JUST A COMPRESSED GAS OR IS IT AN AEROSOL

This is why it’s important to know the difference between an aerosol and a compressed gas. Aerosols are liquid or solid materials in a can that are expelled by a compressed gas. Compressed gases are just that – gases under pressure

EMPTY CYLINDER

Section 261.7 Residues of Hazardous Waste in Empty Containers states, “A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.” Cylinders of non-flammable and non-poisonous gases at the point where the gas’s pressure is equal to the ambient pressure would not be considered EPA hazardous waste

LIQUIDS AND SOLID

If the hazardous waste is not an acute hazardous waste nor in the State of California,  Section 261.7 states that the container is empty if “all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and no more than 3 percent by weight of the total capacity or 2.5 centimeters (one inch) of residue remains on the bottom of the container or inner liner if the container is less than or equal to 119 gallons in size. If it is greater than 119 gallons, no more than 0.3 percent by weight of the total capacity of the container can remain in the container or inner liner.

ACUTE HAZARDOUS WASTE

However, a container or an inner liner removed from a container that has held acute hazardous wastes in 261.31 or 261.33(e) is considered empty if: 1) the container or inner liner has been triple rinsed using a solvent capable of removing the hazardous waste, 2) the container or inner liner has been cleaned by the generator, using another method, to achieve equivalent removal, or 3) in the case of a container, the liner has been removed

AEROSOLS CANS

Since an aerosol is a liquid or solid material expelled by compressed gas, before disposing of an aerosol can you would have to consider two empty container requirements: 1) Gas container requirements for the gas inside the aerosol can, that is until the non-poisonous, non-flammable gas pressure approaches atmospheric, and 2) the liquid and solid empty container requirements in 261.7 for any liquid or solid materials left inside that non-pressurized aerosol can or container. If the gas in an aerosol can reached atmospheric pressure, then any remaining uncompressed non-flammable, non-poisonous gas would not be regulated as a hazardous waste.  That is if ALL of the liquid or solid material were expelled. Unfortunately, some aerosols often reach atmospheric pressure before all of the liquid or solid material is expelled from the can. But it would be a  different story if the pressure in the aerosol can were depleted and the aerosol can still contained a liquid or solid material. The hazardous waste generator would have to ensure that the contents did not meet a characteristic of hazardous waste in Subpart C of the Hazardous Waste Regulations: Ignitable, Corrosive, Reactive or Toxic. Because if the contents were over one inch or 2.5 cm, and met one of the four hazardous waste characteristics, the container and contents would be considered hazardous waste.

At least, this is the way I see it. If you disagree or want to add something, let me know. Thank you for your input, readership and support

Marine Pollutants – Is it or Isn’t it?

March 27,2015 HAZMAT ROB

A recent seminar attendee asked when is a material a marine pollutant, and when is it not a marine pollutant, even though the containers may be marked with the marine pollutant mark? In transportation, the answer depends on who has classified the material, what the size of each container is, and whether it is being shipped by land or sea.

The definition of “Marine Pollutant” in 49 CFR Section 171.8 states that a marine pollutant is a material listed in Appendix B to the 172.101 Hazardous Material Table, and when in a solution or mixture of one or more marine pollutants, is packaged in a concentration which equals or exceeds 10% by weight of the mixture for materials in Appendix B or 1% for materials identified in Appendix B as severe marine pollutants. That seems pretty straightforward, until you take a deeper look.

Who decided the material is a marine pollutant? What if, for example, the material was classified in France under the International Maritime Dangerous Goods Code (IMDG Code)? The IMDG Code makes it clear that if the material is not listed and the shipper can not rule the material out by a “bridging principle,” such as dilution, previously tested mixtures or a “summation method” (where concentrations of classified ingredients and multiplication factors can be used to base the degree of toxicity), then the material must be tested using the IMDG Code’s marine pollutant (aquatic environmental) tests.

Does this mean that a marine pollutant, classified based on the IMDG tests, could be below the DOT percentages? Yes. So, if the international marine pollutant percentages were less than the 1% for severe marine pollutants (SMP) and 10% for marine pollutants (MP), and the material met no other DOT hazard class definition, that material could be re-shipped domestically as unregulated? Yes, again.

There is another consideration. How large is each container? In 171.4(c) Marine Pollutants, there is an exception which states “except when all or part of the transportation is by vessel the requirements in this subchapter specific to marine pollutants do not apply to non-bulk packagings transported by motor vehicle, rail car or aircraft.”

So domestically, if a container of a marine pollutant is non-bulk (less than 119 gallons or 882 pounds) and shipped by ground, it would not be regulated as a marine pollutant, even if the container had 1% of SMP or 10% of MP. However, when shipping the same material in bulk containers by ground, air or water, or in nonbulk containers by water, it would be fully regulated as a DOT marine pollutant.

If your material is in non-bulk containers, and not shipped by vessel (water), it would not matter if it met the international (IMO) or domestic (DOT) definition of a marine pollutant. If the material met no other hazard class definition under 173.2, it would not be regulated domestically as “UN3082 or UN3077, Environmentally Hazardous Substance Liquid or Solid, N.O.S., Class 9, Packing Group III, Marine Pollutant,” or even considered a hazardous material by DOT.

The next question is, if a container is marked as a marine pollutant under the IMDG Code based on the tests, but did not meet the DOT definition of a marine pollutant by percentages, could it still be shipped as a marine pollutant? Yes. In Appendix B to the 172.101 Hazardous Material Table, it says if the material is not listed in the appendix and meets the criteria of a marine pollutant under the IMDG Code, the material “may” be transported as a marine pollutant according to the applicable requirements of the HMR.

If this has only confused you, then give us a call or drop us an email with your questions and we will gladly help.

OSHA GHS HAZARDOUS CHEMICALS THAT ARE NOT DOT HAZARDOUS MATERIALS

March 10,2015 HAZMAT ROB

Most people don’t realize that OSHA did not adopt ALL of the United Nations GHS Hazard Communication Recommendations. OSHA only aligned with the international recommendations. They took only the parts they liked; no Marine pollutants, no category 5 materials and no numerical cross reference on the labels, which were all part of the UN GHS. OSHA got rid of all the things that OSHA didn’t like, want or were not allowed to regulate. If you were to buy a copy of the UN’s Hazard Communication Recommendations, as we did, you would be shocked at the differences between the final OSHA GHS and the original international UN GHS.

CLOSER TO DOT THAN THE UN

I honestly believe that OSHA’s intent was to align more with the Department of Transportation’s Hazardous Materials Regulations than the UN’s GHS Recommendations. Here’s why. Under the GHS, OSHA lists over 25 Hazard Classes. DOT lists around 20 hazard classes & divisions, of which 18 are the same as OSHA(not counting 6.2 infectious substances and Class 9). You have to remember that DOT is mandated to protect transportation infrastructure like highways, airports, railroads and ports. OSHA, on the other hand, is mandated to protect workers. It makes sense that certain OSHA hazardous chemicals could have more impact on workers than on highways.

OSHA GHS HAZARDOUS CHEMICAL

Hazardous chemical means any chemical which is classified as a health hazard (in 1910.1200 Appendix A) or a physical hazard (in Appendix B), a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.

DOT HAZARDOUS MATERIAL

.Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous. . . The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in 49 CFR Section 173.2.

After an exhausting and extensive examination of both the DOT and OSHA regulations by Traci and I, we were able to identify 16 different hazard classes and/or categories that do not appear in the DOT Regulations. These are chemicals that require an SDS and container label under the OSHA GHS requirements, but do not require a DOT hazmat shipping paper and 4×4 inch hazard class label.

I can explain this discrepancy between the DOT and OSHA hazard classifications using Acetone as an example. Acetone is a flammable liquid under both DOT as a Packing Group II and OSHA as a Category 2, so the DOT 4×4 hazard class label and the flammable pictogram should be displayed on a drum. However, under OSHA, in addition to being a flammable liquid, Acetone also meets the criteria for (1) Specific target organ toxicity—single exposure (STOT-SE), which means specific, non-lethal target organ toxicity arising from a single exposure to a chemical and (2) Eye Irritant.

DANGER Highly flammable liquid & vapor Causes severe eye irritation May cause drowsiness or dizziness  Flammable Liquid Category 2 Eye Irritant Category 2A Specific Target Organ Toxicity (Single Exposure) Category 3 Precautionary statements  Prevention Keep away from heat/sparks/open flames/hot surfaces – No smoking. Keep containers tightly closed. Use only non-sparking tools. Take precautionary measures against static discharge. Wear protective gloves/eye protection/face protection. Wash hands thoroughly after handling. Avoid breathing dust/fume/gas/mist/vapors/spray. Use only outdoors or in a well-ventilated area. Response If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. In case of fire: Use carbon dioxide, dry chemical powder or foam to extinguish. If in eyes, rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If eye irritation persists: Get medical advice/attention. If inhaled: Remove person to fresh air and keep comfortable for breathing Call a poison center/doctor if you feel unwell Storage Store in a well-ventilated place. Keep cool. Keep container tightly closed. Store locked up. Disposal Dispose of contents/containers in accordance with the EPA CFR Part 260 Hazardous Waste Management System or in accordance with local, regional, national, and international regulations. ABC Corp., 555 Main St., Anytown, PA 19530, (555) 555-1212  *Hazard classification/category information not mandatory

So when shipping Acetone, under DOT the 4×4 flammable liquid label is required, and under OSHA, the flammable pictogram AND the exclamation mark pictogram for both the Specific target organ toxicity—single exposure and the Eye Irritant are required on the GHS label.

ACETONE DOT Flammable Liquid Packing Group II  OSHA Flammable Liquid Category 2  Specific target organ toxicity—single exposure Eye Irritant

THE THREE DOT PACKING GROUPS VS. THE FOUR OSHA CATEGORIES

Be careful, There are other reasons an OSHA hazardous chemical on an SDS could be regulated under 1910.1200 but not regulated as a hazardous material under DOT on a shipping paper. OSHA breaks down many of its hazard classes into 4 categories. DOT breaks down each of their hazard classes into 3 packing groups. That’s the trouble in attempting to match up the categories and hazard classes. Packing groups I, II and III are usually the same as categories 1, 2 and 3, but most, if not all, of the OSHA Category 4 materials do not meet any DOT hazard classes or packing groups criteria.

SO BE CAREFUL WITH CATEGORY 4 MATERIALS

If your hazardous chemical is a corrosive liquid on skin in Category 1, 2 or 3 on the SDS, then it would be a DOT hazardous material as a Corrosive Liquid in Packing Group I, II or III on the shipping paper, with a DOT corrosive label and an OSHA corrosive pictogram on the 6-part container label. On the other hand, if your hazardous chemical is a corrosive liquid in Category 4 on the SDS, it would NOT meet the definition of corrosive under DOT and would not be a hazardous material when shipped. Although the container would still be required to display an OSHA exclamation mark pictogram (for the Category 4 Corrosive) on its six part container label.

EXCLAMATION MARK Irritant Dermal Sensitizer Acute Toxicity (harmful) Narcotic Effects Respiratory Tract Irritation HEALTH HAZARD Carcinogen Respiratory Sensitizer Reproductive Toxicity Target Organ Toxicity Mutagenicity Aspiration Toxicity

The exclamation mark pictogram is one of two pictograms required on OSHA containers of hazardous chemicals that are not required on DOT hazardous materials. The other being the health hazard or “exploding chest” pictogram. The only exception would be the “DOT-similar” corrosive pictograms in Appendices C.4.4 AND C.4.5, which are displayed on containers of (non-DOT) OSHA Skin Corrosion/Irritation & Eye Damage/ Irritation. So even though the GHS container label would display these OSHA corrosive pictograms, the material should never display a DOT corrosive label because DOT does not require testing for eye and skin irritation.

SKIN CORROSION/IRRITATION (CAUSES SEVERE SKIN BURNS AND EYE DAMAGE) CATEGORY 1A, 1B & 1C  Skin corrosion is the production of irreversible damage to the skin; namely visible necrosis through the epidermis and into the dermis, following the application of a test substance for up to 4 hours. (Appendix A.2)

EYE DAMAGE/IRRITATION (CAUSES SEVERE EYE DAMAGE) CATEGORY 1 Serious eye damage is the production of tissue damage in the eye, or serious physical decay of vision, following application of a test substance to the anterior surface of the eye, which is not fully reversible within 21 days of application. (Appendix A.3) Other than these corrosives, here are the GHS Hazard Classifications (with a short description for each) of the non-DOT Classes and Categories we have identified in Appendix A and B under 29 CFR OSHA that can not be found in the 49 CFR DOT HazardousMaterial Hazard Classes in 173.2:

(1) ACUTE TOXICITY-ORAL (HARMFUL IF SWALLOWED) CATEGORY 4  Acute toxicity refers to those adverse effects occurring following oral administration of a single dose of a substance, or multiple doses given within 24 hours. Category 4 chemicals have an LD50 of greater than 300 mg/kg and less than or equal to 2000 mg/kg. (Appendix A.1)

(2) ACUTE TOXICITY-DERMAL (HARMFUL IF IN CONTACT WITH SKIN) CATEGORY 4  Dermal toxicity refers to those adverse effects occurring following dermal administration of a single dose of a substance, or multiple doses given within 24 hours. Category 4 chemicals have an LD50 of greater than 1000 mg/kg and less than or equal to 2000 mg/kg. (Appendix A.1)

(3) ACUTE TOXICITY-INHALATION (HARMFUL IF INHALED) CATEGORY 4  Inhalation toxicity refers to those adverse effects occurring following an inhalation exposure of 4 hours. Category 4chemicals have an LC50 of greater than 2500 ppmV and less than or equal to 20000 ppmV for gases; greater than 10.0 mg/l and less than or equal to 20.0 mg/l for vapors; and greater than 1.0 mg/l and less than or equal to 5.0 mg/l for dusts and mists. (Appendix A.1)

(4) SKIN CORROSION/IRRITATION (CAUSES SKIN IRRITATION) CATEGORY 2 Skin irritation is the production of reversible damage to the skin following the application of a test substance for up to 4 hours. The major criterion for Category 2 is that at least two tested animals have a mean score of greater than or equal to 2.3 and less than or equal to 4.0. (Appendix A.2)

(5) EYE DAMAGE/IRRITATION (CAUSES SERIOUS EYE IRRITATION) CATEGORY 2A

EYE DAMAGE/IRRITATION (CAUSES EYE IRRITATION) CATEGORY 2B  Eye irritation is the production of changes in the eye following the application of test substance to the anterior surface of the eye, which are fully reversible within 21 days of application. (Appendix A.3)

(6) SENSITIZATION-RESPIRATORY CATEGORY 1 (A&B) Respiratory sensitizermeans a chemical that will lead to hypersensitivity of the airways following inhalation of the chemical. (Appendix A.4)

(7) SENSITIZATION-SKIN CATEGORY 1 (A&B) Skin sensitizer means a chemical that will lead to an allergic response following skin contact. (Appendix A.4)

(8) GERM CELL MUTAGENICITY CATEGORIES 1A, 1B & 2 A mutation is defined as a permanent change in the amount or structure of the genetic material in a cell. It applies both to heritable genetic changes that may be manifested at the phenotypic level and to the underlying DNA modifications when knows (including, for example, specific base pair changes and chromosomal translocations). The term mutagenic and mutagen will be used for agents giving rise to an increased occurrence of mutations in populations of cells and/or organisms. This hazard class is primarily concerned with chemicals that may cause mutations in the germ cells of humans that can be transmitted to the progeny. (Appendix A.5)

(9) CARCINOGENICITY CATEGORIES 1A, 1B & 2 Carcinogenmeans a substance or a mixture of substances which induce cancer or increase its incidence. Classification of a substance or mixture as posing a carcinogenic hazard is based on its inherent properties and does not provide information on the level of the human cancer risk which the use of the substance or mixture may represent. (Appendix A.6)

(10) TOXIC TO REPRODUCTION CATEGORIES 1A, 1B & 2

EFFECTS ON OR VIA LACTATION NO DESIGNATED CATEGORY Reproductive toxicity includes adverse effects on sexual function and fertility in adult males and females, as well as adverse effects on development of the offspring. Adverse effects on sexual function and fertility means any effect of chemicals that interferes with reproductive ability or sexual capacity. This includes, but is not limited to, alterations to the female and male reproductive system, adverse effects on onset of puberty, gamete production and transport, reproductive cycle normality, sexual behavior, fertility, parturition, pregnancy outcomes, premature reproductive senescence, or modifications in other functions that are dependent on the integrity of the reproductive systems. Adverse effects on development of the offspring means any effect of chemicals which interferes with normal development of the conceptus either before or after birth, which in induced during pregnancy or results from parental exposure. These effects can be manifested at any point in the life span of the organism. Major manifestations of developmental toxicity include death of the developing organism, structural abnormality, altered growth and functional deficiency. (Appendix A.7) Adverse effects on or via lactation are also included in reproductive toxicity, but for classification purposes, such effects are treated separately. Chemicals that are absorbed by women and have been shown to interfere with lactation or that may be present (including metabolites) in breast milk in amounts sufficient to cause concern for the health of a breastfed child, shall be classified to indicate this property hazardous to breastfed babies. (Appendix A.7)

(11) SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE) CATEGORIES 1 & 2 Specific target organ toxicity-single exposure(STOT-SE) means specific, non-lethal target organ toxicity arising from a single exposure to a chemical. Category 1 are substances that have produced significant toxicity in humans, or that, on the basis of evidence from studies in experimental animals can be presumed to have the potential to produce significant toxicity in humans following single exposure. Category 2 are substances that, on the basis of evidence from studies in experimental animals, can be presumed to have the potential to be harmful to human health following single exposure. (Appendix A.8)

(12) SPECIFIC TARGET ORGAN TOXICITY (SINGLE EXPOSURE) CATEGORY 3 Specific target organ toxicity-single exposure (STOT-SE) means specific, non-lethal target organ toxicity arising from a single exposure to a chemical. Category 3 are transient organ effects. These are effects which adversely alter human function for a short duration after exposure and from which humans may recover in a reasonable period without leaving significant alteration of structure or function. This category only includes narcotic effects and respiratory tract irritation. (Appendix A.8)

(13) SPECIFIC TARGET ORGAN TOXICITY (REPEATED EXPOSURE) CATEGORIES 1 & 2 Specific target organ toxicity-repeated exposure(STOT-RE) means specific target organ toxicity arising from repeated exposure to a substance or mixture. All significant health effects that can impair function, both reversible and irreversible, immediate and/or delayed and not specifically addressed under another hazard are included. (Appendix A.9)

(14) ASPIRATION HAZARD CATEGORY 1 Aspiration means the entry of a liquid or solid chemical directly through the oral or nasal cavity, or indirectly from vomiting, into the trachea and lower respiratory system. Aspiration toxicity includes sever acute effects such as chemical pneumonia, varying degrees of pulmonary injury or death following aspiration. (Appendix A.10)

(15) PYROPHORIC GAS As defined in the 1910.1200(c), Pyrophoric gas means a chemical in a gaseous state that will ignite spontaneously in air at a temperature of 130 degrees F (54.4 degrees C) or below.

(16) SIMPLE ASPHYXIANT As defined in the 1910.1200(c), Simple asphyxiant means a substance or mixture that displaces oxygen in the ambient atmosphere, and can thus cause oxygen deprivation in those who are exposed, leading to unconsciousness and death.

(17) COMBUSTIBLE DUST  Per footnote 2 in Appendix C.4.30, the chemical manufacturer or importer shall label chemicals that are shipped in dust form, and present a combustible dust hazard in that form when used downstream, under paragraph (f)(1); 2) the chemical manufacturer or importer shipping chemicals that are in a form that is not yet a dust must provide a label to customers under paragraph (f)(4) if, under normal conditions of use, the chemicals are processed in a downstream workplace in such a way that they present combustible dust hazard; and 3) the employer shall follow the workplace labeling requirements under paragraph (f)(6) where combustible dust hazards are present.

The United Nations wrote both Dangerous Goods Transportation Recommendations and GHS Hazard Communication Worker Protection Recommendations, so it makes a lot of sense that they would recommend similar hazard classification tests. The trouble is that they did not recommend all of the same tests. That is why we have compiled and provided a listing of the hazard classes and categories under the OSHA GHS that DOT does not regulate in transportation. However, these chemicals would still require an SDS and the 6-part container label with the OSHA pictograms, before they were transported.

DO NOT RE-IDENTIFY

Why re-identify your OSHA hazardous chemicals when the material has already been identified by the shipper under the DOT Hazardous Materials Regulations on the material’s hazmat shipping paper. If it’s your job to classify chemicals under the new OSHA GHS Hazard Communication Regulations, don’t over-think it. Simply extract the OSHA GHS classification information off of the DOT hazmat shipping paper, and then see if it meets one or more of the additional non-DOT classifications listed above. This is a task which will be much easier once we send you our GHS/DOT Hazard Classification Smackdown post (coming soon), in which we show the side-by-side comparison of the DOT hazard classes and packing groups with the OSHA GHS classes and categories that are exactly the same. This way, you will have a list of the GHS and DOT tests that are the same and a separate list of the GHS hazard classes and categories that are not regulated under DOT.

Click here to view the OSHA GHS/DOT CLASSIFICATION DIFFERENCES CHART

LITHIUM BATTERIES BY GROUND

February 23,2015 HAZMAT ROB

If you ship lithium batteries by ground, you’re in luck. On August 6, 2014, the Department of Transportation (DOT), in consultation with the Federal Aviation Administration (FAA), published a final rule affecting the transportation of lithium cells and batteries. This final rule realigned the Hazardous Materials Regulations hazard communication and packaging provisions for lithium batteries with the United Nations UN Model Regulations, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Maritime Dangerous Goods IMDG Code for water. Back in the August 6, 2014 final rule, DOT authorized a mandatory six month compliance date for shippers to incorporate the new requirements into standard operating procedures and complete training of affected personnel.

JOINT REQUEST

However, the Retail Industry Leaders Association, the Food Marketing Institute, the National Retail Federation, and the Rechargeable Battery Association submitted a joint request to DOT for a six month extension to the original February 6, 2015 compliance date. These groups contend that the six month transitional period did not provide sufficient time to comply with the new requirements. This short time frame has proven to be extremely challenging for the retail industry to implement in all modes. These trade groups felt that “the new regulations require that domestic ground shipments of products with lithium batteries adhere to shipping standards previously only required for international air and sea transportation.”

DOT AGREES

The DOT agrees since the primary focus of the HM–224F final rulemaking was to align the requirements of the HMR for air transportation of lithium batteries with those of the ICAO Technical Instructions. So DOT has delayed the Hazard Communication and Training final compliance date until August 7, 2015 for shipments of lithium batteries in the ground mode. This does not affect compliance in the air mode, where DOT maintains that the February 6, 2015 compliance date is appropriate and important for aviation safety when offering, acceptance, and transportation lithium batteries by aircraft. Don’t push your luck when you use, ship or dispose of any hazardous material, hazardous waste, hazardous chemical, or hazardous substance and you’re not sure if you’re doing it correctly. Give us a call and we will help you out. Thank you for your readership and support.

SIX OF THESE THINGS ARE KIND OF THE SAME

January 27,2015 HAZMAT ROB

I always tell my seminar attendees, the key to any regulation is the section or paragraph that covers the regulation’s definitions. This is especially true when preparing the New OSHA GHS safety data sheets and GHS container labels for your hazardous chemicals. Without the definitions, it would be impossible to explain how similar the mandatory information on the SDS and label is, using 1910.1200 Appendix C when formatting and preparing Section 1 Identification and Section 2 Hazard(s) Identification. 29 CFR Section 1910.1200(f) Labels mandates the use of the 6-part container labels, 2 parts of which are chemical specific statements and 4 parts are mandatory phraseology statements outlined in Appendix C. Appendix D of 1910.1200 mandates the required SDS information and format. It is the similarity between Sections 1 and 2 of the SDS and the container labels that I want to discuss. But first, what is a container, a label or even a hazard class under 1910.1200?

GHS OSHA CONTAINER

In 1910.1200(c) OSHA defines Container as any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of Section 1910.1200, pipes or piping systems, and engines, fuel tanks, or other operating systems in a vehicle, are not considered to be containers.

Hazard category means the division of criteria within each hazard class, e.g., oral acute toxicity and flammable liquids include four hazard categories. These categories compare hazard severity within a hazard class and should not be taken as a comparison of hazard categories more generally.

Hazard class means the nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity.

Health hazard means a chemical which is classified as posing one of the following hazardous effects: acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); or aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in Appendix A to §1910.1200—Health Hazard Criteria

Physical hazard means a chemical that is classified as posing one of the following hazardous effects: explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; or in contact with water emits flammable gas. See Appendix B to §1910.1200—Physical Hazard Criteria.

Label means an appropriate group of written, printed or graphic information elements concerning a hazardous chemical that is affixed to, printed on, or attached to the immediate container of a hazardous chemical, or to the outside packaging.

GHS 6-PART LABELS

Label Elements means the: Product identifier Signal word Hazard statement Specified pictogram Precautionary statement for each hazard class and category, and Name, telephone number and address.

6-PART LABEL GHS HAZARD COMMUNICATION CONTAINER INFORMATION

.The GHS container labels and Sections 1 and 2 of the SDS must both include: The CHEMICAL SPECIFIC Product identifier. Product identifier means the name or number used for a hazardous chemical on a label or in the SDS. It provides a unique means by which the user can identify the chemical. The product identifier used shall permit cross-references to be made among the list of hazardous chemicals required in the written hazard communication program, the label and the SDS. (See label and SDS Section 1 heading (a) below) The MANDATORY PHRASEOLOGY (App C) Signal word. Signal word means a word used to indicate the relative level of severity of hazard and alert the reader to a potential hazard on the label. The signal words used in Section 1910.1200 are “danger” and “warning.” “Danger” is used for the more severe hazards, while “warning” is used for the less severe. (See label and SDS Section 2 heading (b) below) The MANDATORY PHRASEOLOGY (App C) Hazard statement(s). Hazard statement means a statement assigned to a hazard class. Hazard class means the nature of the physical or health hazards, e.g., flammable solid, carcinogen, oral acute toxicity) in Appendix A to §1910.1200 Health Hazard Criteria. See Appendix B to §1910.1200—Physical Hazard Criteria) (See label and SDS Section 2 heading (b) below) The MANDATORY PHRASEOLOGY (App C) Pictograms. Pictogram means a composition that may include a symbol plus other graphic elements, such as a border, background pattern, or color, that is intended to convey specific information about the hazards of a chemical. Eight pictograms are designated under this standard for application to a hazard category. (See label and SDS Section 2 heading (b) below) The MANDATORY PHRASEOLOGY (App C) Precautionary statement(s). Precautionary statement (Prevention, Response, Storage, Disposal) means a phrase that describes recommended measures that should be taken to minimize or prevent adverse effects resulting from exposure to a hazardous chemical, or improper storage or handling. (See label and SDS Section 2 heading (b) below) The CHEMICAL SPECIFIC Responsible party Information for the chemical manufacturer, importer, or other responsible party. This includes name, address, and telephone number. (See label and SDS Section 2 heading (b) below)

GHS LABEL = SDS SECTIONS 1 AND 2

.Now if you check out the mandatory chemical specific and mandatory phraseology from Appendix C on the container label, you will see that it is the same mandatory information in Section 1 and 2 of the SDS.

SDS SECTION 1 INFORMATION and 2 HAZARD(s) IN APPENDIX C

1. Identification Product identifier used on the label (1910.1200(f)(1)(i) same as container label) Other means of identification Recommended use of the chemical and restrictions on use Name, address, and telephone number of the chemical manufacturer, importer, or other esponsible party (1910.1200(f)(1)(vi) same as container label) Emergency phone number ( 1910.1200(f)(1)(vi) same as container label) 2. Hazard(s) Identification Classification of the chemical in accordance with paragraph (d) of §1910.1200 Signal word, hazard statement(s), symbol(s) and precautionary statement(s) in accordance with paragraph (f) of §1910.1200. (Hazard symbols may be provided as graphical reproductions in black and white or the name of the symbol, e.g., flame, skull and crossbones) (1910.1200(f)(1)(ii)(iii) same as container label) Describe any hazards not otherwise classified that have been identified during the classification process. Where an ingredient with unknown acute toxicity is used in a mixture at a concentration ≥1% and the mixture is not classified based on testing of the mixture as a whole, a statement that X% of the mixture consists of ingredient(s) of unknown acute toxicity is required

HEART CENTER SOUL

The chemical specific and mandatory phraseology information on the container label and Sections 1 and 2 on the SDS would have to be the heart, center, soul and the starting point of the GHS Hazard Communication Regulations. You should start with the mandatory information that must be displayed on the container labels, which is the same chemical specific and mandatory phraseology from Appendix C required on the SDS in Section 1 Identification and Section 2 Hazard(s) Identification, that will lay down the foundation for the SDS.

GHS CONTAINER LABEL

DANGER Highly flammable liquid & vapor  Causes severe eye irritation  May cause drowsiness or dizziness  Flammable Liquid Category 2  Eye Irritant Category 2A  Specific Target Organ Toxicity (Single Exposure)  Category 3 Precautionary statements Prevention Keep away from heat/sparks/open flames/hot surfaces – No smoking. Keep containers tightly closed. Use only non-sparking tools. Take precautionary measures against static discharge. Wear protective gloves/eye protection/face protection. Wash hands thoroughly after handling. Avoid breathing dust/fume/gas/mist/vapors/spray. Use only outdoors or in a well-ventilated area. Response If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. In case of fire: Use carbon dioxide, dry chemical powder or foam to extinguish. If in eyes, rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If eye irritation persists: Get medical advice/attention. If inhaled: Remove person to fresh air and keep comfortable for breathing. Call a poison center/doctor if you feel unwell. Storage Store in a well-ventilated place. Keep cool. Keep container tightly closed. Store locked up. Disposal Dispose of contents/containers in accordance with the EPA CFR Part 260 Hazardous Waste Management System or in accordance with local, regional, national, and international regulations. ABC Corp., 555 Main St., Anytown, PA 19530, (555) 555-1212 *Hazard classification/category information not mandatory

GHS SAFETY DATA SHEET (SDS) ACETONE SECTION 1 IDENTIFICATION a) Acetone b) 2-Propanone, dimethyl ketone, ketone propane c) Parts cleaning, laboratory reagent, cleaning solvent d) ABC Corp. 555 Main Street Anytown, Pa 19530 Office Telephone 555-555-5556 email: abcchemical@cmail.com Emergency Telephone; 555-555-5555  24-hr/day and 7 days/week SECTION 2 DANGER DANGER HAZARD(S) IDENTIFICATION FLAMMABLE LIQUID CATEGORY 2 EYE IRRITATION CATEGORY 2A SPECIFIC TARGET ORGAN TOXICITY SINGLE EXPOSURE CATEGORY 3 HIGHLY FLAMMABLE LIQUID AND VAPOR CAUSES SERIOUS EYE IRRITATION MAY CAUSE DROWSINESS OR DIZZINESS i) Prevention Keep away from heat/sparks/open flames/hot surfaces – No smoking. Keep containers tightly closed. Use only non-sparking tools. Take precautionary measures against static discharge. Wear protective gloves/eye protection/face protection. Wash hands thoroughly after handling. Avoid breathing dust/fume/gas/mist/vapors/spray. Use only outdoors or in a well-ventilated area. ii) Response If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. In case of fire: Use carbon dioxide, dry chemical powder or foam to extinguish. If in eyes, rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If eye irritation persists: Get medical advice/attention. If inhaled: Remove person to fresh air and keep comfortable for breathing. Call a poison center/doctor if you feel unwell. iii) Storage Store in a well-ventilated place. Keep cool. Keep container tightly closed. Store locked up. iv) Disposal Dispose of contents/containers in accordance with the EPA CFR Part 260 Hazardous Waste Management System or in accordance with local, regional, national, and international regulations. Other hazards: Not Available Acute toxicity: Not Available

Sections 1 and 2 of the SDS display the same chemical specific and mandatory phraseology information that must be on the container labels, and the container labels must display the same information mandatory phraseology as in in Section 1 and 2 on the SDS. All the additional information in Sections 3 through 16 on your SDS can be extracted off your old MSDSs using any appropriate non-mandatory terminology AFTER determining the mandatory phraseology statements in Sections 1 and 2. Having trouble with your GHS compliance? Give us a call if you need some help finding the required information before the compliance date of June 1, 2015. Or sign up for one of my upcoming seminars. If you bring some of your SDSs and labels, I can take a look and tell you what I think. Thank you for your readership and support.