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Meat Packing Plant facing major fines for exposing workers to hazardous chemicals

The U.S. Department of Labor’s Occupational Safety and Health Administration (U.S. OSHA) has cited 7 S Packing LLC – operating as Texas Packing Company in San Angelo, Texas – for exposing workers to releases of hazardous chemicals. The company faces $615,640 in penalties.

The U.S. OSHA determined that the meat-packing facility failed to implement a required Process Safety Management (PSM) program for operating an ammonia refrigeration unit containing over 10,000 pounds of anhydrous ammonia. The employer also failed to provide fall protection, guard machines and equipment, control hazardous energy, and implement a respiratory protection program.

The PSM Covered Chemical Facilities National Emphasis Program focuses on reducing or eliminating workplace hazards at chemical facilities to protect workers from catastrophic releases of highly hazardous chemicals. PSM standards emphasize the management of hazards associated with highly hazardous chemicals, and establishes a comprehensive management program that integrates technologies, procedures, and management practices to prevent an unexpected release.

The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

Tesla Fire Is A Reminder For Businesses Storing Hazardous Materials

Written by Dawn DeVroom, IDR Environmental Services

fire broke out on Saturday, February 17 at Tesla’s car plant in Fremont, California. This isn’t anything new, because we do hear about businesses that have fires from time to time.

But, what makes this fire different is that it happened in an area where the company stores some of its hazardous materials outside. And, because of this, Tesla was forced to call the local Fremont Fire Department and required a hazardous materials unit.

According to reports, Tesla has a history of fires at this facility. This includes a fire in their paint shop in April 2018 and another outdoor fire in August 2018.

Add to this, Tesla was already under investigation by Cal-OSHA cited in January and fined $29,000 for allegedly violating six different worker safety regulations in their general assembly 4 (GA4) production line.

According to the Silicon Valley Business Journal:

“Tesla allegedly didn’t obtain a building permit or inspect the tent for safety violations, train workers on how to get out of the building in an emergency, or protect themselves from heat illness. Cal-OSHA also claims the tent had exposed metal rods and rebar that workers could potentially impale themselves on, and failed to cover a hole in the floor that was 22 inches wide, 14 inches wide and 8 inches deep.”

Suffice it to say…this fire isn’t helping Tesla’s safety record with OSHA.

So, what can businesses who store hazardous materials do to avoid Tesla’s potential catastrophe with that fire. Here are some very important things you should do.

Store Hazardous Waste In Proper Containers

storing hazardous materials

As a hazardous waste generator, you must satisfy safety, environmental and regulatory guidelines and have a solid base of knowledge and experience in using and handling hazardous materials in your facility.

Using the right storage containers for different types of hazardous waste is the key to safety and compliance. All hazardous waste generators must insure that their containers are built to specification according to the most current codes and regulations.

Following is a list of the different types of hazardous waste storage containers according to the Environmental Protection Agency website.   

  • Containers – portable device in which hazardous waste is stored, transported, or otherwise handled.
  • Tanks – stationary device of man-made materials used to store hazardous waste, either open or closed.
  • Drip Pads – wood drying structure used by the pressure treated wood industry to collect excess wood preservative and drippings.
  • Containment Buildings – completely enclosed self-supporting structures used to store or treat non-containerized hazardous waste.
  • Waste Piles – open, uncovered pile used for treating or storing hazardous waste.
  • Surface Impoundments – a natural topographical depression, man-made excavation or diked area such as a holding pond, storage pit or settling lagoon.

Proper storage and disposal requires you to understand which materials are toxic, what they do, the types of containers needed for storing the material and the type of personal protective equipment (PPE) that must be used.

You can learn more about which container is right for you waste by reading our article, How To Choose The Right Hazardous Waste Storage Container.

Label Hazardous Waste Correctly

Identification of properties and the regulatory status of waste that you generate is vital in maintaining compliance with state and federal regulations.

Hazardous waste generators that accumulate hazardous waste on-site in containers must be aware of the Resource Conservation and Recovery Act (RCRA) regulations regarding the proper labeling, marking and placarding requirements for hazardous waste containers.

The California Department of Toxic Substances Control (DTSC) provides the following guidance for the proper labeling requirements for California hazardous waste generators as outlined in Title 22, California Code of Regulations (Cal. Code Regs.):

  • Date – The date upon which each period of accumulation begins must be clearly marked and visible for inspection on each accumulation unit.
  • Hazardous Waste Notice – Each generator tank or container must be labeled or clearly marked with the words, “Hazardous Waste”.
  • Name and Address – Name and address of the generator.
  • Composition and State – Chemical composition (chemicals in the waste) and physical state of the waste (e.g. solid, liquid, etc.)
  • Properties of Waste – Statement or statements that call attention to the particular hazardous properties of the waste (e.g. flammable, reactive, etc.)
  • Accumulation Dates – If waste is collected or consolidated in containers or tanks, the initial date of the accumulation must be marked, as well as the “90-day or 180-day period” dates, whichever applies to your company. If waste from an older container is added, the initial accumulation date will need to be changed.
  • Recurring Waste Labels – “Recurring use” labels may be used on containers where same waste streams are initially collected and emptied into larger accumulation containers. The labels can revise the initial accumulation and “90-day period” dates (without having to change the other labeling information). If the container is emptied at least once each day, the word “daily” may be used in the date area of the label. 

You can learn more in our article, How To Properly Label Hazardous Waste Containers.

Prepare a Hazardous Waste Contingency Plan

According to federal and state regulations, every hazardous waste generator is required to have an emergency contingency plan. This plan outlines the company’s program to minimize hazards to human health and the environment from fires, explosions or an unplanned sudden release of a hazardous waste.

Failure to implement a plan can lead to hefty fines with the California Department of Toxic Substances Control (DTSC) and the Environmental Protection Agency (EPA)

Your Hazardous Waste Contingency Plan should include:

Small Quantity Generators (SQG’s)

  • Designate an emergency coordinator and post contact information
  • Post the location of emergency equipment
  • Post emergency telephones
  • Ensure employees are familiar with emergency procedures

Contingency Plan Requirements for Large Quantity Generators (LQG’s)

  • Create a written plan on-site and make sure the it is up-to-date and reviewed frequently
  • Designate an emergency coordinator(s) and post contact information
  • Post the location of emergency equipment
  • Post emergency telephones
  • Create an emergency evacuation plan
  • Ensure employees are familiar with emergency procedures
  • List name, address and phone number (s) (home and office) for designated emergency coordinator
  • Submit written plan to local authorities

You must maintain at least one copy of the contingency plan at the facility, but multiple copies is even better. In addition, copies must be submitted to local police departments, fire departments, hospitals, and state and local emergency response teams that may provide emergency services to the facility.

Even if a facility will be providing its own responders, the contingency plan should still be sent to appropriate authorities in the local community in case of an off-site release or major emergency that requires their assistance.

You can read more about how not having a hazardous waste contingency plan affected another company in our article, No Hazardous Waste Contingency Plan Leads To Big Fine For Manufacturer.

Consider a HazMat Emergency Response Team

storing hazardous materials

The risks of working with hazardous substances and generating hazardous waste are great, and the consequences of a release, fire or spill can be dire.

Many companies choose to outsource their emergency response as an alternative to training, equipping and maintaining an emergency response team in-house. And, some companies will have more than one company at their disposal to ensure availability when an event occurs.

Emergency response companies have a fully-staffed, fully-trained hazmat emergency response team that are available 24 hours a day, 365 days per year.

It is important to establish a relationship in advance to allow for fast response times, with experienced supervisors who coordinate with all responsible agencies (such as local fire and rescue) to limit liability and costs.

Whether you need to control a situation or stop a potentially dangerous one, having an outside HazMat emergency response team provides the following benefits:

  • Save Lives
  • Protect Property
  • Preserve the environment
  • Limit Liability

You can learn more about using a HazMat emergency response team in our article, What A HazMat Emergency Response Team Can Do For Your Business.

Final Thoughts

Tesla serves as an example of what could happen to companies that use, generate and require storage of hazardous materials. Although nothing serious happened in Tesla’s recent fire, it could be much worse for your company if you don’t have the above procedures in place.

If you need assistance with putting together your program, contact a hazardous materials company that specializes in helping companies create and maintain their program.


About the Author

Dawn DeVroom is the CFO at IDR Environmental Services based in California. The company specializes in hazardous waste disposal.

U.S. PHMSA Study Will Assess Aligning U.S. and International Regulations for Aerosol Containers

by Bergeson & Campbell

The U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) routinely reviews and amends the Hazardous Materials Regulations (HMR) to harmonize the HMR with international regulations and standards.  In February 2019, PHMSA’s Office of Hazardous Materials Safety (OHMS) contracted with the Cambridge Systematics (CS) Team to conduct a risk assessment for the transportation of aerosol containers to align U.S. and international regulations.  The study is intended to determine whether the United Nations Recommendations on the Transport of Dangerous Goods — Model Regulations (Model Regulations) definition of aerosols maintains an equivalent level of safety to the definition in the HMR and to assess the risk associated with aligning the definitions.  The study is expected to be completed in February 2020, and any rulemaking to align the definition of aerosol containers would be issued after that.

Federal law and policy favor the harmonization of domestic and international standards for hazardous materials transportation.  In a November 27, 2018, proposed rule to amend the HMR to maintain alignment with international regulations and standards, PHMSA notes that it was directed by the federal hazardous materials law “to participate in relevant international standard-setting bodies and requires alignment of the HMR with international transport standards to the extent practicable.”  While federal hazmat law allows PHMSA to depart from international standards to promote safety or other overriding public interest, “it otherwise encourages domestic and international harmonization.”

The Model Regulations define aerosol or aerosol dispenser as “an article consisting of a non-refillable receptacle meeting the requirements of 6.2.4, made of metal, glass or plastics and containing a gas, compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or in a gaseous state.”  The HMR, in 49 C.F.R. Section 171.8, defines aerosol as “an article consisting of any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.”  Unlike the Model Regulations, the HMR permits only an aerosol with a liquid, paste, or powder.  Industry has petitioned PHMSA to align the definitions and permit certain non-refillable gas containers with or without a liquid, paste, or powder to be transported without needing a Special Permit.

Commentary

Since the study is not expected to be completed until February 2020, there will be no immediate impact for U.S. manufacturers of aerosol products.  The study will likely conclude that the definition of aerosols in the Model Regulations ensures an equivalent level of safety to the definition in the HMR, and that there is no risk associated with aligning the definitions.  Should this be the outcome, PHMSA would then initiate a rulemaking.  We would expect the rulemaking to align the HMR definition with the Model Regulations and permit certain non-refillable gas containers with or without a liquid, paste, or powder to be transported without needing a Special Permit.  Stakeholders may wish to keep an eye on the study and, of course, any ensuing rulemaking and comment as appropriate.


This article has been republished with the permission of Bergeson & Campbell, P.C. The original post can be found at the Bergeson & Campbell, P.C. website.

Bergeson & Campbell, P.C. (B&C®) is a Washington D.C. law firm providing decades of experience in the manufacture, handling, and transport of conventional, biobased, and nanoscale industrial, agricultural, and specialty chemicals, including product approval and regulation, product defense, and associated business issues. www.lawbc.com.

Mesothelioma Awareness: Asbestos and Occupational Safety

by Sarah Wallace, Mesothelioma + Asbestos Awareness Center

For many years, the natural mineral known as asbestos was used in constructing buildings, insulation (check local prices), roofing, and homes. Asbestos is heavily regulated in the United States today, but many people are still exposed daily to asbestos containing materials (ACMs) that still exist in buildings, structures, and homes. During demolition, DIY, or renovation projects, asbestos can become friable and people are then susceptible to inhaling the small fibers. When asbestos becomes lodged in the body, specifically in the lining of the lungs, abdomen, or heart, it can lead to lung cancer or mesothelioma.

Even though the use of asbestos has decreased dramatically in the United States since the late 20th century, mesothelioma is still the leading occupational cancer. This is because the disease can take up to 50 years to develop, and those who were exposed to asbestos prior to the 1980s are still being diagnosed today. On top of that, professionals who work in different industries that have a history of asbestos use, such as construction, manufacturing, and shipyard work, are still at risk of exposure they may come into contact with materials and products made before regulations were put in place. Due to the microscopic size of asbestos fibers and ambiguity around where the toxin could have been used in the past, it’s important for workers to stay educated on where asbestos might be hiding and what safety precautions to take on the job.

Occupations most at risk and how to stay safe:

Construction Workers– Because asbestos was used heavily in the construction of homes and other buildings, many construction workers have been exposed to asbestos, and they are still at risk for exposure. With ACMs still existing in buildings, approximately 1 million construction workers could still be vulnerable to asbestos annually. Today, professionals in the construction industry are at risk for first-hand exposure more than any other profession. Workers in multiple trades including roofers, carpenters, electricians, and masonry should be aware of asbestos as they work. Making sure site security is tight with security cameras can improve your ability to reduce the number of people who will be exposed by the asbestos by ensuring unauthorized personnel is kept away from asbestos.

In order for workers to protect themselves, professionals in these fields should take the precaution of wearing the proper masks during any type of construction project. Understanding the age of the building and what asbestos looks like is also important because this could help workers know the risks associated with a certain structure, making them less vulnerable to exposure. Keep in mind that asbestos can exist in a variety of products including drywall, shingles, ceiling tiles, and insulation, so even those participating in DIY projects should be aware of where their health and safety could be at risk.

Firefighters– Asbestos fibers can be released into the air when a building or home catches on fire. This puts first responders like firefighters in danger of inhaling the toxin in the process of putting out a fire. This leaves firefighters at risk to develop peritoneal mesothelioma, which originates in the lining of the lungs after being inhaled. While the initial danger to firefighters is the fire itself, even after the flames are put out, asbestos could be present in the air as the structure cools off. Firefighter equipment is designed to keep out hazardous materials like asbestos, but many people do not understand that certain risks persist even after the initial fire is put out. Asbestos fibers can attach to clothing, leading to the possibility of second-hand exposure for those who might come in contact with any type of clothing used at the scene of the fire.

In order to limit exposure to asbestos particles, firefighters should wear a certified self-containing breathing apparatus (SCBA) mask that covers the mouth and nose in order to protect themselves while on the job. They should also keep masks on even after the fire has been put out while debris is cooling, because asbestos fibers could still be in the air. To eliminate risks of exposure for family, friends, and colleagues, firefighters should also remove their gear before leaving the scene and wash off before returning home.

Shipyard Workers– At one time, asbestos exposure was a large risk for laborers and those employed on ships. Due to the mineral’s strong and heat resistant attributes, was often used for things like boilers and steam pipes on Navy ships and shipyards. As a result, many shipyard laborers were exposed to asbestos, especially if they worked as electricians, painters, machinists, or “asbestos insulators.” This is one of the reasons veterans make up about 30 percent of mesothelioma diagnoses in the United States.

Shipyard workers are less likely to be exposed first-hand to asbestos today, but anyone working with older shipbuilding materials or piping should be aware of the possible risks and wear the appropriate masks to limit inhaling fibers. Workers who have been exposed in the past should let their primary care doctor know and stay up-to-date on appointments. Symptoms of mesothelioma specifically can often go undiagnosed because they are similar to symptoms of the flu, manifesting as a cough at first and eventually leading to shortness of breath and fever. If you know that you have been exposed, paying careful attention to your health and communicating with your doctor could lead to an early diagnosis, improving prognosis and life expectancy.

Preventing asbestos-related disease

If you come across asbestos on the job, contacting a professional who knows how to handle the material will be the best way to move forward. No amount of asbestos exposure is safe, and handling the mineral should be taken seriously before proceeding with a project. Mesothelioma is a deadly but preventable cancer, if the correct steps are taken by employers and employees. Although asbestos has been heavily regulated over time, there is still not a ban on the material in the United States. Taking the time to check labels before using any products and educating others in your industry on how to protect themselves are sure ways to help bring an end to mesothelioma and other health issues caused by asbestos.

If your health has been affected by your work surroundings or you’ve sustained an injury on the job, you may need to undergo a functional capacity evaluation to prove that you are not in a fit state to continue work. For more information on this, click here.

Canadian Government Announces Action on Pollution Prevention and Toxic Chemicals

The Canadian government recently issued a press release which states that it is undertaking actions to strengthen Canada’s approach to managing harmful substances and is committing to reform the Canadian Environmental Protection Act, 1999. The announcement is in response to a 2017 report issued by the House of Commons’ Standing Committee on Environment and Sustainable Development (“Standing Committee”) that entitled “Healthy Environment, Healthy Canadians, Healthy Economy: Strengthening the Canadian Environmental Protection Act, 1999”.

The 2017 report issued by the Standing Committee made 87 recommendations to the federal government, including prohibiting substances of very high concern unless industry can prove the substances can be used or emitted safely and there are no feasible substitutes; ensuring that vulnerable people are taken into consideration when the government assesses and manages new substances; implementing timelines throughout the Act to oblige action on toxic substances; and facilitating public participation in environmental decision-making and in enforcement of the Act.

At the time of the release of the 2017 report, the Committee Chair Deb Schulte stated, “The Act has now been in place for almost three decades. It is time to bring it into the 21st century by taking into account new scientific knowledge and evolving concepts in environmental law.”

Photography of Factory https://www.pexels.com/photo/photography-of-factory-929385/The Government of Canada is taking action to implement many of the Committee’s recommendations including:
• The development of a policy framework for considering vulnerable populations—such as children, pregnant women, and the elderly—in the assessment and management of chemicals;
• Action to protect Canadians from chemicals of high concern, such as endocrine disruptors, which can affect how hormones work and lead to long-term health issues; and
• Updating standards and developing new instruments to improve air quality and reduce air pollution from industrial sources, including oil refineries.

As a first step in the legislative reform of the Canadian Environmental Protection Act, 1999 and updating of Canada’s Chemicals Management Plan, the Canadian government will conduct a thorough review and consult with various groups

Couple admits illegally storing 4,500 tons of hazardous waste in warehouse

As reported in the St. Louis Post-Dispatch, a husband and wife recently plead guilty to a U.S. federal charge and admitted improperly transporting 4,500 tons of hazardous waste and storing it in a warehouse near St. Louis, Missouri.

The couple, both in their 60’s, pleaded guilty in U.S. District Court in St. Louis to a misdemeanor charge of placing someone in danger of death or serious bodily injury from a hazardous waste.

Green Materials LLC facility in Missouri (Photo Credit: Robert Patrick, Post Dispatch)

Their company, Missouri Green Materials LLC, Missouri Green Materials LLC stored a large quantity of spent sandblasting materials inside a warehouse located in the town of Berger, approximately 70 miles west of St. Louis. They couple admitted that they arranged for the transport and storage of the hazardous waste from Mississippi, and failed to tell both the trucking companies that hauled the waste and the personnel that unloaded it of the danger. Their storage facility was not properly permitted was not registered as a permitted hazardous waste storage or recycling facility. It is important to note that there are many waste removal services around to dispose of this for you. Firms range from Bulldog Rubbish Removal to a wide-variety of other waste removal services. (Bulldog Rubbish Removal is a great example, they maybe located in Melbourne, Australia but… with great customer reviews, these are the companies to make sure you keep an eye out for).

The sandblasting waste materials are considered to be hazardous because they contain amounts of certain metals, including cadmium, that exceed regulatory limits established by the Missouri Department of Natural Resources and the U.S. Environmental Protection Agency (U.S. EPA).

The materials were stored in a warehouse in a flood plain for more than four years. There are no indications of any release of the materials from the warehouse.

When it comes to storing products in a warehouse you need to ensure that all of the resources kept are correct under the laws of the area. It should also be kept to the correct health and safety regulations to ensure none of the workers are hurt. If everything is kept safely then it will also increase productivity. If you would like to increase productivity then you should take a look at Fishbowl Inventory.

The couple have agreed to pay $1.5 million to the U.S. EPA for the costs of dealing with the waste. They could face probation or a sentence of six months behind bars for the crime under federal sentencing guidelines.

The source of the sandblasting waste was for a site in Mississippi. An Ohio company, U.S. Technology Corp had been buried the waste. The company was repeatedly ordered by regulators to remove it.

In 2016, the U.S. EPA and U.S. Technology signed a consent agreement whereby the company agreed to remove the waste from Green Material’s facility in Missouri and test the site for soil contamination. According to prosecutors, this work was never performed.

U.S. Technology and president Raymond Williams, 71, both pleaded not guilty in the case. A hearing has been scheduled to change both pleas later in June.

Some sandblasting waste is classified as hazardous

Amendments to Canada’s Hazardous Products Regulations

The Canadian government recently made amendments to the Hazardous Products Regulations (HPR) under the Hazardous Products Act.

The objective of the recent amendment of the HPR is to provide industry with the option to use prescribed concentration ranges to protect the actual chemical ingredient concentrations or concentration ranges on Safety data sheets (SDSs) for hazardous workplace products in Canada rather than submitting CBI applications under the Hazardous Materials Information Review Act (HMIRA).

SDSs, which accompany hazardous products sold or imported for use in Canadian workplaces, must disclose the concentrations or concentration ranges of the ingredients in a product that present health hazards in accordance with the Hazardous Products Regulations (HPR).  This information could be considered confidential business information (CBI) to industry.  CBI for workplace hazardous products can be protected by filing an application with Health Canada under the (HMIRA) and paying the associated fee.

Regulated parties proposed that they should have a means to protect the concentrations or concentration ranges of ingredients without having the burden and cost of the HMIRA application process.

Health Canada is responsible for the administration and enforcement of the Hazardous Products Act (HPA) and its regulations.  The purpose of the HPA is to protect the health and safety of Canadians by regulating the sale and import of hazardous products for use in the workplace.

All Hazards Waste Management Planning (WMP) Tool

The U.S. EPA recommends that communities have a Waste Management Plan (WMP) that addresses the management of waste generated by all hazards, particularly from homeland security incidents ranging from natural disasters and animal disease outbreaks to chemical spills and nuclear incidents to terrorist attacks involving conventional, chemical, radiological, or biological agents.

This tool is intended to assist emergency managers and planners in the public and private sectors in creating or updating a comprehensive plan for managing waste generated from man-made and natural disasters. The tool walks the user through the process of developing and implementing a plan. The tool also contains many resources that can be used as aids to various aspects of the planning process. View and use at https://wasteplan.epa.gov.

New ASTM International standard supports hazardous materials packaging

A new ASTM International standard helps with pressure testing certain containers that are used to transport hazardous materials.  The standard will help meet requirements of entities that regulate and support global trade. According to ASTM International member Larry Anderson, current regulations are limited in describing how to perform such a test.

Specifically, the new test method provides instructions for performing hydrostatic pressure testing on intermediate bulk containers (IBCs). “This guide provides the detail on how to conduct pressure testing on IBCs and will provide a more consistent process for container manufacturers, test labs, and regulatory agencies,” says Anderson, who works at TEN-E Packaging Services, Inc., which assists companies with packaging testing and the certification of dangerous goods.

The new standard aims to help manufacturers pass performance tests and qualify their container designs to meet requirements of the U.S. Department of Transportation’s Title 49 Code of Federal Regulations, as well as the United Nations recommendations on the transport of dangerous goods.

The new standard (soon to be published as D8134) was developed by ASTM International’s committee on packaging (D10).

 

Five New U.S. Hazmat Rules to Look for in 2018

By Roger Marks, Lion Technology Inc.

Ask a U.S. dangerous goods (DG) professional to name the most challenging part of his or her job, and you’re likely to hear about dense regulatory standards that overlap and seem to change on a near daily basis.

As dangerous goods shippers, freight forwarders, and carriers roll into 2018, new rules for hazmat air and vessel shipments are already in effect.  In addition, U.S. DOT’s Pipeline and the U.S. Hazardous Materials Safety Administration (PHMSA) plans to start finalizing new hazmat rules as soon as February 2018.

Here, we’ll review the new U.S. DG air and vessel requirements that are mandatory now and review five new or changing U.S. DOT hazmat rules most likely to hit the books as Final Rules this year.

New IATA DGR Rules for Air Shippers

For hazmat air shippers, the 59th Edition of the International Air Transport Association’s Dangerous Goods Regulations, or IATA DGR, is in effect as of January 1, 2018.  The 59th Edition of the IATA DGR includes stricter requirements for lithium batteries shipped by air, a re-ordered list of Class 9 materials in Subsection 3.9.1, and a new Appendix I that details changes planned for air shippers in 2019.

Just before January 1st, IATA published the first Addendum to the 2018 DGR, which includes additional updates for air shippers and airline passengers.  IATA uses these addendums to make ongoing revisions to the current DGR before the publication of the next edition.

2016 IMDG Code Mandatory as of January 1st

Compliance with the latest International Maritime Dangerous Goods Code, or IMDG Code, is also mandatory as of January 1.  Updates made in the 2016 edition, compliance with which was voluntary throughout last year, are now officially in force.  These include new dangerous goods marking and labeling criteria; new packing instructions for certain shipments of engines, lithium batteries, and aerosols; and adjustments to the IMDG Code Dangerous Goods List.

The U.S. DOT, along with other federal agencies, recently released a semiannual agenda of rulemaking activities, many of which will impact hazardous materials professionals in 2018. The five rulemakings below, in progress now, are all scheduled to be published as final rules before Fall 2018.

  1. Enhanced Safety Provisions for Lithium Batteries by Air (RIN 2137-AF20

Expected in February 2018, this Interim Final Rule will harmonize the 49 CFR hazmat regulations with evolving international standards for shipping lithium batteries by air.  International requirements already in effect under the latest IATA DGR will now be adopted into 49 CFR and include:

  • Prohibiting lithium-ion cells and batteries as cargo on passenger aircraft;
  • Limiting state-of-charge to 30%; and
  • Limiting the use of alternate provisions for small cells or batteries by air.

Lithium battery requirements are one area of the hazmat regulations that have changed rapidly in the past decade and will continue to evolve as regulators and industry learn more about the potential and hazards of these batteries.

Melted mobile phone caused from lithium battery explosion

  1. Response to Industry Petitions—RIN 2137-AF09

Under regulations found at U.S. 49 CFR 106.95, interested parties may petition US DOT to amend, remove, or add hazmat regulations to enhance safety, streamline the CFR text, or boost efficiency for shippers and carriers.  In 2018, PHMSA plans to address 19 such petitions from hazmat stakeholders to provide clarification and/or relief within the hazmat shipping regulations.

Petitions to be addressed include an increase to the service life of certain hazmat tank cars and removing the emergency response number requirement for shipments of excepted quantities of hazardous materials.

This final rule is also expected in February 2018.

  1. Miscellaneous Amendments Pertaining to DOT Specification Cylinders (RIN 2137-AE80)

The U.S. DOT will address various petitions from industry stakeholders pertaining to the manufacture, maintenance, and use of DOT specification cylinders.  The rulemaking will also incorporate two existing hazmat special permits into the U.S. 49 CFR Hazardous Materials Regulations (HMR).

DOT expects to issue this final rule in April 2018.

 EPA’s Electronic Hazardous Waste Manifest System

Technically speaking, this one is a U.S. EPA rulemaking — but it does have consequences for hazmat shippers.  The Hazardous Waste Manifest is a shipping paper required for the transport of hazardous waste, and hazardous waste is regulated in transport as a hazardous material by US DOT.

On January 3rd, 2018, the U.S. EPA published a final rule to guide the process of setting and collecting fees from users of the electronic Manifest system.  Rollout of the long-planned e-Manifest system will begin in earnest on June 30th of this year, when the U.S. EPA plans to implement the system for collecting domestic hazardous waste manifests and domestic shipments of State-only regulated hazardous wastes.

As for how it will work, the U.S. EPA has determined that charging user fees to treatment, storage, and disposal facilities (TSDFs) and State-only waste receiving facilities is “the most effective and efficient means” of collecting user fees to fund the administration of the e-Manifest system.

  1. Oil Spill Response Plans for High-Hazard Flammable Trains

    High Hazard Flammable Train

    (RIN 2137-AF08)

This year, the U.S. DOT will promulgate a Final Rule to expand the applicability of oil spill response plans for trains transporting Class 3 flammable liquids in certain volumes and orientations across the train.

The bolstered requirements will apply to High-Hazard Flammable Trains, or HHFTs. A “High-Hazard Flammable Train” is a train carrying 20 cars of a Class 3 flammable liquid in a continuous block or 36 or more such cars across the entire train. Crude oil production and transport volumes have risen significantly in the past decade:  In 2009, 10,800 rail car loads of crude oil traveled by Class I railroad.  By 2015, that number had skyrocketed to over 400,000.1

The U.S. DOT plans to issue this final rule in July 2018.

These likely won’t be the only changes for U.S. hazmat shippers in 2018.  But, by identifying the future regulations or updates that may impact operations, shippers, brokers, and carriers can avoid confusion and panic when DOT finalizes the new rules.

 

Footnotes

  • *See 79 FR 45019

_____________________________

About the Author

Roger Marks is a researcher and writer at Lion Technology Inc., a provider of 49 CFR, IATA DGR, and IMDG Code dangerous goods training in the US.  Now in his 7th year at Lion, Roger creates content to inform and empower EHS professionals, and closely monitors developing regulatory actions that impact hazmat shipping, hazardous waste management, environmental compliance, and OSHA workplace safety.  Find nationwide public workshops, 24/7 online training solutions, and live webinars at www.Lion.com.

This article is republished and first appeared on OHS Online.