Don’t Forget Hazmat Registrations Are Due By June 30! Posted on May 15, 2012 by James

Q. Does a company always need to register with the DOT if it ships hazardous materials?

A. Not everyone who ships or carries hazmat needs to register the activity with the DOT. Only those who transport, or offer for transport, any quantity of high-consequence material, or large quantities of any hazardous material need to file paperwork and pay fees.

With few exceptions, any person who offers for transportation or transports in commerce any of the following must register:

  • Any highway route-controlled quantity of a Class 7 (radioactive) material, as defined in 49 CFR 173.403;
  • More than 25 kg (55 lbs.) of a Division 1.1, 1.2, or 1.3 (explosive) material in a motor vehicle, rail car, or freight container;
  • More than 1 L (1.06 qt.) per package of a material extremely toxic by inhalation material (Division 2.3, Hazard Zone A or Division 6.1, PG I, Hazard Zone A);
  • A hazardous material in a bulk packaging, container, or tank having a capacity equal to or greater than 13,248 L (3,500 gal.) or more than 13.24 cubic meters (468 cubic ft.); or
  • A quantity of hazardous materials that requires placarding. [This is the most common triggering condition.]

Government agencies, farmers, and certain foreign entities are partially exempt from the registration program. [49 CFR 107.606 and 601(b)]

If, during a registration period, you ship or transport even a single shipment that meets the above criteria, then your business must register with the DOT. Registration periods begin July 1 and extend to June 30 of the following year. Registrations must be updated annually and are due to the DOT by June 30 to cover your activities during the next registration period. The registration notifies the DOT what sort of shipments you will be carrying or offering during the next year.

In addition to providing the DOT with information about your hazmat shipping activities, you must also pay a fee as part of your registration. The yearly fees for registration, including a $25 processing fee, are:

  • $275 for small businesses or not-for-profits, and
  • $2,600 for all others.

Registrations must be filed on DOT Form F5800.2. You can do this through the mail or online.

References: 49 CFR Part 107 Subpart G—“Registration,” 49 USC 5108

Get Ready Now for July 1st TRI Reporting Deadline! Posted on May 08, 2012 by James

It’s that time again. July 1st is the deadline for submission of the Toxic Release Inventory. Here’s a reminder of the Who, What, and When of TRI:

Who Must Report?

  1. “Designated Facilities” including:
    • ALL Federal agencies
    • Coal and metal mines, all manufacturers, electric power utilities, sanitation, petroleum product wholesalers, and miscellaneous businesses (With a few exceptions, facilities in Standard Industrial Classification System Codes 10, 12, 20-39, 4911, 4931, 4939, 4953, 5169, 5171, 7389)
  2. With
    • Ten (10) or more full-time employees, or
    • Equivalent part-time and/or seasonal employment (more than 20,000 man-hours/year)
  3. Who
    • Manufactured (produced, prepared, imported, or compounded) more than 25,000 lbs.
    • Processed (prepared after manufacture for distribution in commerce) more than 25,000 lbs.
    • Used in any other manner (not manufactured or processed) more than 10,000 lbs.
  4. Of any chemicals listed at
    • 40 CFR 372.65 (alphabetical listing of toxic chemicals)
    • 40 CFR 372.28 (chemicals of special concern NOTE: these have lower thresholds!)
  5. In the calendar year being reported on (currently, 2011)

What Must Be Reported?

  1. Facility Information
    • Company Name
    • Location
    • Identification numbers
  2. Releases to
    • Air (up stacks and fugitive emissions)
    • Water (direct discharges and into sewer systems)
    • Waste shipments
  3. Pollution Prevention Data
    • Recycling activities
    • Waste reduction

When and How Is Reporting Done?

  1. The final reporting deadline is July 1, 2012
  2. The Tri-Me (TRI Made Easy) web application

How Long Does the TRI Have to Be Retained?

  1. Copies must be kept for at least THREE years from the date of submission.

Lion Technology offers the Complete Environmental Regulations Workshop to provide compliance managers with an overview of major U.S. EPA regulatory programs. It covers the basics of environmental regulation, including the Comprehensive Environmental Response Compensation Liability Act (CERCLA/Superfund), Emergency Planning and Community Right-to-Know Act (EPCRA), Clean Air Act, Clean Water Act, Safe Drinking Water Act, and more. In this two-day workshop, students learn the key applicability, basic requirements, and how to locate regulatory mandates that affect their operations.

 

How Will OSHA’s Adoption of the GHS Affect HazCom Training Programs? Posted on May 01, 2012 by James

On March 26, 2012, the Occupational Safety and Health Administration (OSHA) completed a years-long effort to incorporate the Globally Harmonized System (GHS) of Chemical Classification and Labeling into the Hazard Communication (HazCom) Standard. In addition to many changes to hazard criteria, this rule significantly revises labels and Safety Data Sheets (SDSs). The new regulations also call for complete retraining across the board.

The Hazard Communication Standard
Under HazCom, employers must ensure that their employees are made aware of all hazardous chemicals in the workplace, so that they can take reasonable precautions to protect themselves. Typically, HazCom requires a Safety Data Sheet (SDS) on file for each hazardous chemical in the workplace and a warning label on every container of hazardous chemicals. [29 CFR 1910.1200(a)(1)]
As part of the GHS revisions, new hazards were added to the HazCom Standard, such as simple asphyxiants, pyrophoric gases, combustible dusts, and hazards not otherwise classified (HNOC). [29 CFR 1910.1200(h)(3)(ii)]

The HazCom Standard also requires employers to train employees to understand the hazards represented by SDSs and labels. [29 CFR 1910.1200(h)(1)] Therefore, as part of the GHS initiative, OSHA is calling for employers to retrain all employees so that they understand the new system.

New Rules, New Training
Because the new regulation is a major overhaul of the HazCom Standard, all employees must be trained on the new rules by December 1, 2013. [29 CFR 1910.1200(j)(1)] While still part of a lengthy phase-in period, this deadline is sooner than OSHA originally proposed. Much of this training will focus on identifying and understanding the new symbols on hazard labels and the new systematic Safety Data Sheets.

Chemical manufacturers must update the Safety Data Sheets and hazard labels for their products by June 1, 2016. This is also the deadline for employers to address any newly identified workplace chemical hazards in their training plans. [29 CFR 1910.1200(j)(3)]

OSHA encourages employers to begin using the GHS HazCom Standard as soon as practicable, in order to fully transition to the new system before the December 1, 2013 deadline.

To help employers nationwide meet this training deadline and prepare their facilities for the coming changes, Lion offers a Hazard Communication Online Course. This 2-hour online course reflects OSHA adoption of the GHS, including training on new classification criteria, labeling standards, reading and understanding the Safety Data Sheet (SDS) format, recognizing pictograms, and understanding newly regulated hazards like combustible dust and “hazards not-otherwise-classified.”

Are Compact Fluorescent Light Bulbs Hazardous Waste? Posted on April 24, 2012 by James

Q. Are compact fluorescent light bulbs Hazardous Waste?

A. Maybe. Some, but not all, compact fluorescent light bulbs (CFLs) must be managed as hazardous waste. Even those CFLs that aren’t hazardous waste may still require special handling and care.

Compact fluorescent light bulbs are not listed as hazardous waste in 40 CFR Part 261, Subpart D, but do contain vaporous mercury (a toxic, persistent, and bio-accumulative pollutant). The amount of mercury in a CFL is minute, but traditional designs contain more than enough to exhibit the toxicity characteristic for mercury (D009) and qualify as hazardous waste. Some newer models contain less mercury and do not exhibit the D009 characteristic. For these low-mercury bulbs, check with local authorities for special disposal rules.

Starting this year, if a CFL contains any quantity of mercury, new FTC regulations require a “Contains Mercury” disclosure on the product labeling.

What This Means for Your Business
A facility that generates less than 100 kilograms of hazardous waste per month is conditionally exempt from RCRA. [40 CFR 261.5] If your business falls under this threshold, your lamps aren’t hazardous waste, but you should check with local municipal authorities to see if they have special requirements for CFLs. Non-exempt facilities must manage CFLs as hazardous waste under the normal RCRA rules or as “Universal Waste” following the alternative, less restrictive management standards from 40 CFR Part 273.

Universal waste handlers must:
Compact Fluorescent Light Bulbs

  • Store universal waste lamps in closed, sturdy containers;
  • Label the containers “UNIVERSAL WASTE-LAMP(S),” “WASTE LAMP(S),” or “USED LAMP(S)”; and
  • Not accumulate universal waste lamps for more than one year

If lamps break, the handler must immediately clean them up and store the debris in a sealed container. The debris may have to be managed as hazardous (non-universal) mercury waste.

While only large quantity handlers (those who accumulate more than 5,000 kilograms of universal waste at any time) are required to keep records of their universal waste shipments, it’s not a bad idea for smaller handlers to follow suit.

What This Means for Your Household
All solid wastes generated by households are exempt from regulation as hazardous waste. Non-hazardous household wastes must be managed according to State and local rules for solid waste. These rules vary from place to place and may require or simply encourage you to recycle spent CFLs.

Contact your local municipality to see if they prohibit CFLs from municipal waste collection. If they do, they can tell you how to properly dispose of CFLs in your area. In many areas, retail stores serve as collection centers for CFLs and other household hazardous wastes. If those options are not available, then look for bulb manufacturers that sell pre-labeled shipping kits so you can send your spent bulbs back to the source for reclamation.

Cleaning Up Broken Lamps
When a lamp breaks, it releases mercury vapor to the air, which can later deposit on surfaces. For best practices and other guidance from the EPA on cleaning up broken lamps: http://www.epa.gov/cfl/cflcleanup.html

References:
FTC Appliance Labeling Rule 75 FR41696 6/19/2010 [http://www.ftc.gov/os/2010/06/100719appliancelabelingrule.pdf]

http://www.epa.gov/cfl

[40 CFR 261.4(b)(1)--Household Hazardous Waste Exclusion]
[40 CFR 261.24--Toxicity Characteristic Defined]
[40 CFR 273--Universal Waste Rules]

http://www.epa.gov/cfl/cflcleanup.html

The Materials of Trade Exception Posted on April 17, 2012 by James

Q. I was told I can move hazardous materials in my own vehicle (like cans of paint, jugs of gasoline, batteries, etc.) without being subject to DOT’s hazmat regulations. Is this true?

A. Absolutely! Based on what kind and how much hazardous material you are moving, you may be able to take advantage of the Materials of Trade (MOT) exception [49 CFR 173.6]. This rule allows you to transport small amounts of certain low hazard materials by motor vehicle without having to comply with the bulk of the Hazardous Materials Regulations.

Definition of Material of Trade
Let’s start with the definition of a material of trade. A MOT is “… a hazardous material, other than a hazardous waste, that is carried on a motor vehicle:

  1. For the purpose of protecting the health and safety of the motor vehicle operator or passengers (such as a fire extinguisher in case of fire);
  2. For the purpose of supporting the operation or maintenance of a motor vehicle (such as extra gasoline in the truck in case you run out); or
  3. By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation.”

The first two criteria are largely self-explanatory, and rarely contentious. Most questions are about the third kind of material carried “in direct support of a principal business.” The classic example is fuel, fertilizer, cleaning supplies, and paint carried in a gardener’s van to a job site.
Supporting a principal business can also include a sales rep carrying product samples in their personal vehicle, a technician taking a quality control sample to a laboratory, or even local deliveries.
Materials of Trade

Materials NOT Allowed as MOTs
Some materials are too dangerous to be allowed as materials of trade; they include:

  • Class 1 explosives,
  • Division 2.3 poison gases,
  • Self-reactive materials (Division 4.1),
  • Division 4.2 spontaneously combustible materials,
  • Division 4.3 dangerous when wet materials at the Packing Group I level,
  • Poison by inhalation materials (Division 6.1),
  • Class 7 radioactive material; and
  • Hazardous wastes.

Shipping Materials of Trade
Once you know you have a material of trade, there’s still more to do than tossing it in the trunk and heading out. While MOTs are largely exempt from the hazmat regulations, there are still a few basic requirements. And, while MOTs don’t require UN specification packaging or hazmat shipping papers, they do require alternative hazard communications. You must also abide by strict quantity limits.

Learn More About Materials of Trade
Lion’s Transporting Materials of Trade Online Course will teach your employees to understand what materials qualify for the MOT exception and what they must do to comply with the DOT rules when shipping these materials. The online course is one hour long, and satisfies the U.S. DOT’s function-specific training requirement for MOT shippers (49 CFR 173.6(c)(4).

New Construction General Permit for Stormwater Discharges Posted on April 10, 2012 by James

On February 16, 2012, U.S. EPA issued a new Construction General Permit for Stormwater Discharges, replacing the 2008 Construction General Permit that expired on February 15, 2012. Clean Water Act permits typically must be renewed every five years.
What is EPA’s Construction General Permit?
The Construction General Permit, or CGP, permits discharges of stormwater from construction activities disturbing one or more acres (or smaller sites that are part of a communal plan for development or sale). Before beginning construction or discharging stormwater, construction operators must apply for and obtain a National Pollutant Discharge Elimination System (NPDES) permit, of which the CGP is just one type. NPDES permits are administered by U.S. EPA unless the permitted activity is taking place in a state which has been authorized to operate the NPDES stormwater permit program.
What is a General Permit? How does it differ from an individual permit?
Individual permits are unique to the site or activity for which they are established. Creating, submitting, and gaining approval for an individual permit can be an expensive and time-consuming process. General permits are meant to be generic and cover groups of similarly-situated entities, with the purpose of streamlining permitting requirements and cutting down on the time and cost factors. General permits do not need to be created from scratch, but covered sources need to read the permit carefully and make sure they are doing everything the permit requires.
Which “similarly situated entities” does the 2012 CGP cover?
The new CGP covers thousands of construction operators in non-approved states, (Idaho, Massachusetts, New Hampshire, New Mexico,) Washington D.C., and most US territories, Indian country lands, and certain activities within Colorado, Delaware, Oklahoma, Texas, Vermont, and Washington. The full list of eligible areas can be found here on EPA’s web site.
While other states are to operate their own NPDES stormwater permit program, many incorporate the EPA’s CGP. Some have their own versions or variations on the federal CGP. Those state variations must be at least as protective of the environment as the Federal permit.
General Construction Permit for Stormwater Discharge
What’s changed between the 2008 CGP and the 2012 CGP?
Some of the significant permit modifications in the CGP include new and revised requirements and procedures:

  • New Criteria for Eligible Activities
    • Emergency-related construction is now eligible for CGP
    • Certain treatment chemicals are now ineligible for CGP
  • Modified Administrative Procedures
    • Electronic Notice of Intent process
    • Site inspections
    • Corrective action
    • Permit termination
  • New and Revised Requirements for:
    • Sediment and erosion controls
    • Natural buffers or alternative controls
    • Soil stabilization
    • Pollution prevention
    • Water quality-based effluent limits
    • Stormwater Pollution Prevention Plans (SWPPPs)

Workplace Safety Should Be More Than Just PPE Posted on April 03, 2012 by James

The Occupational Safety and Health Administration (OSHA) requires all employers to assess the workplace for hazards and to provide proper personal protective equipment (PPE) to their employees whenever hazards are present, or are likely to be present. [29 CFR 1910.132(d)]

A “hazard” is any process, environment, chemical, radiation, or mechanical irritant that can injure or impair any part of the body through physical contact, absorption, or inhalation. “Personal protective equipment” means safety glasses, helmets, boots, gloves, respirators, and any other similar equipment. [29 CFR 1910.132(a)]

OSHA always recommends that, before an employer considers using PPE to mitigate workplace hazards, the employer attempt to remove the hazard from the workplace or reduce the risk to employees. Employers can mitigate hazards through engineering controls, safe work practices, and/or administrative controls. Some OSHA standards, like the Bloodborne Pathogens Standard, specifically require employers to use other means before considering PPE. [29 CFR 1910.1030(d)(2)].

Engineering Out Workplace Hazards
“Engineering controls” means that the employer attempts to remove the hazard from the workplace. For example, any time you replace a hazardous chemical with a non-toxic, less caustic, or otherwise inherently safer alternative, you are engineering out the hazard of the chemical by removing it from the workplace.
For hazardous processes and environments, engineering controls also include the use of barriers, enclosures, and other means to limit or prevent employee exposure to the hazard. Paint booths or other well ventilated enclosures in which employees handle volatile chemicals are a good example of this kind of control.

Safe Work Practices
If after an employer has used engineering controls there are still hazards in the workplace, the next step is to implement safe work practices. A safe work practice is any rule of conduct intended to protect employees from hazards. A good example of a safe work practice is “nobody goes within 5 feet of the 8,000-degree kiln without authorization.”
For many operations, it may be necessary to combine work practices with engineering controls. A proximity rule to limit access to a hazard can be combined with a barrier or even a colored string or painted line marking the 5-foot limit, to prevent physical contact with the hazard.

Administrative Controls
Lastly, before considering PPE, come administrative controls. While safe work practices are a type of administrative control, the term also includes any other measure that reduces employee exposure to hazards. For instance, maybe you have noise-producing machinery. You may decide that in addition to relocating the noise-producing machine away from the employees (engineering controls) and instructing employees not to approach the noise hazard unless required (safe practices), to also rearrange work schedules to reduce the time each worker spends in the noisy area and/or to implement a maintenance schedule (proper maintainence reduces the noise levels). These last two are examples of non-work practice administrative controls.

Personal Protective Equipment: The Last Line of Defense
Once employer’s have done their best to address the hazards of the workplace with engineering and administrative controls, if any hazards still exist, then they can consider PPE. This of course leads to additional rules for selecting, providing, maintaining, inspecting, properly fitting, and properly using the equipment.

The most effective way to ensure workplace safety procedures is to provide comprehensive safety training. Lion Technology’s 10 Hour OSHA General Industry Online Course uses expert instruction, exercises, and tutorials to prepare students to identify, avoid, control, and prevent workplace hazards at any general industry site—and how to select and use the proper Personal Protective Equipment.

Dating Hazardous Waste Containers Posted on March 27, 2012 by James

Q. One of the more common ways to manage hazardous waste is to temporarily accumulate hazardous waste in 55-gallon drums or other containers at or near waste-generating processes in satellite accumulation areas. Then, once the containers are full, the waste is moved to a central accumulation area for a few months before shipping it to an authorized facility for treatment, long-term storage, or disposal.

In addition to the words “Hazardous Waste,” generators must mark each container with “the date upon which each period of accumulation begins…” [40 CFR 262.34(a)(2)]. But which date must they mark?

A. A hazardous waste container used like this can have up to four important dates in its lifecycle, and as a generator it is important to keep track of them. But, not all of them need to be marked on the container. And, not all of them are clearly called out in the regulations.

  1. Satellite Accumulation Start Date—Keeping track of when a container first started holding hazardous waste is important, but nothing in 40 CFR requires you to mark this date on the container. Keeping track of this date, either by marking the container or keeping written records, will help you keep an accurate count of the amount of hazardous waste you generate each calendar month and year. Some State/local waste management authorities discourage or prohibit generators from accumulating hazardous waste in satellite areas for excessive periods, thus recording the first date of satellite accumulation can be necessary to forestall any citations.
  2. Satellite Accumulation End Date—This is a date that you must mark on a container. When a generator accumulates an excess of hazardous waste (55 gallons for most wastes, 1 quart for acutely hazardous wastes) in a satellite accumulation area (SAA), “the generator must mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.” Afterwards, the generator has three days to either transfer the marked waste to a central accumulation area or get it offsite and on its way to an authorized treatment, storage, or disposal facility. [40 CFR 262.34(c)(2)]
  3. Central Accumulation Start Date—This is another date you must mark on a container. When you transfer a waste container to a central accumulation area (CAA), either from a SAA, an inventory, or directly from a waste-generating process, you must mark the container with “the date upon which each period of accumulation begins…” [40 CFR 262.34(a)(2)] For a container transferred from a SAA, this accumulation start date may be up to three days after you reached the 55-gallon limit in the satellite area.
  4. Manifest Date—Depending on your generator status and situation, you may accumulate hazardous waste in a central accumulation area for up to 90, 180, or even 270 days. Before this time limit is up, a generator must either ship the waste to an off-site treatment, storage, or disposal facility or treat the waste to render it non-hazardous. This time limit is measured in calendar days from the time the waste was first managed in a central accumulation area under the 90- or 180-day rules. If generators keep storing their waste for more than 90 (or 180 or 270 days), then they are an unpermitted storage facility and must begin complying with all of the requirements in 40 CFR Part 265 and get a storage permit. [40 CFR 262.34(b)]

OSHA Finalizes GHS Rule, Training Deadline 12/01/13 Posted on March 20, 2012 by Roger

OSHA’s rule to align its current Hazard Communication Standard with the global harmonization system (GHS) has been finalized, and will appear in the Federal Register in the near future. In a press conference this afternoon, Secretary of Labor Hilda Solis and OSHA Assistant Secretary Dr. David Michaels described the highlights of the new program, as well as important implementation dates.

OSHA introduced its first “HazCom” standard in 1983. Before this, no requirement existed for employers to notify their workers of the dangers posed by the hazardous materials handled in their workplace. While the original standard was an important development, OSHA now believes it provided too much flexibility, leading to problems for both employees and employers. Hazard labels and Safety Data Sheets were formatted inconsistently and sometimes included inaccurate information, making it particularly difficult and burdensome for small employers to comply with the requirements.

OSHA’s HazCom 2012 Rule – “The Right to Understand”

OSHA’s goal in adopting certain provisions of the GHS into its HazCom Standard is to give employees the “Right to Understand” the materials they work with, by creating a uniform system for classifying hazardous chemicals and providing information on the hazards to employees in the workplace through labels and Safety Data Sheets.

The new HazCom Standard will include a new, non-GHS category for “hazards not otherwise classified” (originally proposed as “unclassified hazards.”). Another important development revealed in the press conference is that combustible dust will be regulated under the new GHS HazCom Standard.

Deadline for Training Set
All employees must be trained in the new HazCom Standard before December 1, 2013. Other implementation and compliance dates will be published in the final rule, when it is released.

When the final rule is published, LionBlog will follow up with all the details. Stay tuned, the final rule could be published as early as Monday! 

Lion will offer monthly sessions of the Preparing for OSHA’s New GHS Rule Web Seminar to help industry professional understand their compliance responsibilities under the new HazCom Standard.   This two-hour webinar will be offered next on April 19.

A pre-publication copy of the Final Rule is available on the Office of the Federal Register website: http://www.ofr.gov/OFRUpload/OFRData/2012-04826_PI.pdf

Hazmat Shipping Regulations: Domestic vs International Posted on March 20, 2012 by James

Q. Why can’t I just follow the DOT rules for all modes of transport? Why are there separate rules for air and vessel?

A. The U.S. Department of Transportation (DOT), under the authority granted by Congress in the Hazardous Material Transportation Act (HMTA), promulgates and enforces the Hazardous Material Regulations (HMR) that govern the safe and secure transportation of hazardous materials in the United States. The HMR are codified in Title 49 of the Code of Federal Regulations (49 CFR), Chapter I, Subchapter C, Parts 171-180. A material is subject to the Hazardous Material Regulations (HMR) when it is:

  1. Designated as hazardous by the Secretary of Transportation;
  2. Transported to, from, or through the United States;
  3. In commerce; and
  4. Transported by a regulated mode of transportation (railroad, aircraft, vessel, or motor vehicle on a public road). [49 CFR 171.1]

All four criteria must be met for the HMR to apply.

While the HMR do include some rules that apply only to certain modes of transportation, most of the regulations apply equally to all modes. Domestic and International Hazmat ShipmentsThe DOT does have rules for each mode of transport. However, from a practical standpoint, there is a good chance you will not follow DOT’s air and vessel rules.

International Regulations
When dangerous goods (or even non-hazardous materials) are moved across international boundaries, they must comply with the regulations of multiple countries. The shipment must follow the regulations of the countries of origin and destination, and sometimes the rules from each country of transit or the carrier’s home country.

Because a multiplicity of different rule sets would burden international commerce, the governments of the world have agreed on harmonized international standards. These international standards are codified in the International Civil Aviation Organization (ICAO) Technical Instructions for transport by air and the International Maritime Dangerous Goods (IMDG) Code, for transport by vessel.

The U.S. DOT authorizes shipments of hazardous material to follow these international standards, in lieu of 49 CFR, for transport by aircraft or vessel respectively. [49 CFR 171, Subpart C] Public safety regulators in most other countries have similar authorizations.

IATA Is ICAO Plus
Air shipments can be confusing. In most cases, you will end up following the International Air Transport Association (IATA) Dangerous Goods Regulations, rather than 49 CFR or the ICAO Technical Instructions. This is perfectly legal, as the IATA regulations are nothing more than the ICAO instructions with additional safety precautions added by the air carriers themselves, reformatted to be easier to read. Therefore, any shipment or package that complies with all applicable IATA rules is already in full compliance with the ICAO rules.

Domestic Shipments
At this point, you may think that the ICAO and IMDG hazmat rules apply only to international shipments. This is not the case. The DOT authorizes shippers and carriers to use international regulations for domestic shipments when all or part of the transport will be by aircraft or vessel. Air and vessel carriers tend to be globalized businesses, which have an interest in setting worldwide standards. Consequently, many operators will insist that shippers follow international standards for domestic shipments whenever the DOT allows and will refuse all DOT-air or DOT-vessel shipments. This is a business practice, not an enforceable regulation.

As a final note, if you do end up using the IATA DGR or IMDG Code for your air or vessel shipments, there are still some extra DOT requirements that must be met. These can be found at 49 CFR 171.23-171.25. They include, but are not limited to, requirements for emergency response info, U.S. training standards, and registration requirements.

How Do I Learn the Domestic and International Hazmat Rules?
Lion Technology offers a comprehensive four day multimodal hazmat shipper workshop covering the rules for all three modes.  For the convenience of our students, we also offer online hazmat training.

ICAO’s New Rules for Lithium Battery Air Shipments Posted on March 15, 2012 by Roger

Last month in Montreal, the Dangerous Goods Panel of the International Civil Aviation Organization (ICAO) held a working group to discuss the unique hazards and challenges facing shippers and carriers of lithium batteries. Representatives from 13 countries, alongside various industry and labor organizations, joined to address growing concerns about the safety of these batteries in transport.

Citing exponential growth in the number of lithium battery shipments and the increase in energy density of modern batteries, the group feels granting further exceptions for lithium battery shipments under the current regulations is an unsustainable solution. Therefore, ICAO amended the packaging instructions for lithium battery air shipments, and the 54th Edition of IATA’s Dangerous Goods Regulations will reflect these amendments.

Large Shipments of Small Lithium Batteries Now Partially Regulated

In the past, lithium ion and lithium metal cells and batteries were categorized in two sections: Section I for “large” cells and batteries and Section II for “small” cells and batteries. The criteria for categorizing cells and batteries as “small” appear in the table below. Batteries that do not meet the criteria in the table are considered “large” and are fully regulated.

Section Type Lithium Metal Lithium Ion
II (Small) Cell Not more than 1 g Not more than 20 Wh
  Battery Not more than 2 g Not more than 100 Wh

In the working group last month, ICAO concluded that quantity limits are necessary to mitigate the risk posed by small batteries shipped in large quantities. ICAO added a third category of batteries, Section (IB), to address this issue.

Ship Lithium Batteries by Air
Section IB will include shipments of more than 8 small cells and/or more than 2 small batteries which otherwise meet the criteria of Section II. The new criteria apply only to batteries shipped without equipment and will require lithium battery shippers to update their procedures. While a Shipper’s Declaration is still not required to offer Section IB shipments for transport, alternative documentation will be mandatory and is more than was required for these shipments in the past.

UN specification packaging is still not required for shipments of small batteries, regardless of the quantity shipped. However, Section IB shipments must be marked with the Class 9 hazard label AND the Lithium Battery handling label.

It is important to note that this change will not affect shipments of very small batteries [not more than 0.3 g lithium content for metal batteries, not more than 2.7 Wh for ion batteries], which are still subject to the packaging instructions for Section II shipments.

The packaging instructions for Section II shipments are otherwise unchanged, as long as the quantity of batteries shipped is below the threshold for inclusion in the new Section IB.

Certain Small Lithium Batteries Now Approved for Shipment by Mail

ICAO and the Universal Postal Union agreed on procedures to allow shipments by mail of small lithium batteries in equipment. Each national authority will implement these new standards in its own way.

How do you feel about these changes to ICAO and IATA’s packaging instructions? What effect, if any, will these new lithium battery rules have on your operations? Leave us a comment below, and stay tuned to LionBlog for the latest news on managing your regulatory compliance efforts.

Safe Drinking Water Act: Two Kinds of Water Quality Standards Posted on March 13, 2012 by James

Q. Under the Safe Drinking Water Act, the Environmental Protection Agency establishes quality standards for public water supply systems. The EPA sets two kinds of standards: “Primary” and “Secondary.” What’s the difference?

Primary Water Quality Standards
Primary Standards are health-based, and the EPA sets Primary Standards for contaminants that threaten public health. For each contaminant, a Primary Standard either specifies a treatment technique or sets a Maximum Contaminant Level (MCL) and leaves it up to the public water system to figure out a way to purify the water below that level [40 CFR 141].

Secondary Water Quality Standards
Secondary Standards are aesthetic, not health-based. The EPA sets Secondary Standards for contaminants that do not present a health hazard but may make water unpleasant to drink [40 CFR 143].

Safe Drinking Water Act (SDWA) Enforcement
While the U.S. EPA sets Water Quality Standards, the standards are enforced by both the U.S. EPA and at the State level.
Every public water system must consistently monitor and sample its water supply for contaminants. While the EPA does not require monitoring for secondary contaminants (considering them non-enforceable recommendations), the Agency does recommend monitoring for secondary contaminants on the same schedule as primary inorganic contaminants [40 CFR 143.4]. State regulators may enforce secondary standards and require water systems to monitor and sample for secondary contaminants.

Notices of Violation
When a public water system violates a Primary Standard, by exceeding the authorized maximum contaminant level, it must notify its customers. The notification must contain:

  • Clear and readily understandable explanations of the violations,
  • The potential health effects,
  • What steps the water system is taking to correct the violation, and
  • Precautions customers should take until the violation is corrected and the water is again safe (“boil water” notifications, etc.)

When a public water system violates a Secondary Standard, the EPA (with one exception) does not require a notification, but State regulators may require one. The one exception is “fluorine.” When a water system violates the Secondary Standard for fluorine without violating the primary standard, it must notify its customers [40 CFR 141, Subpart Q].

More Information
The EPA publishes an annual summary of Health Advisories and Drinking Water Quality Standards and provides many guidance documents for regulated entities on its Web site.

Forklift Safety: How Much Weight Can My Forklift Carry? Posted on March 06, 2012 by James

Q. How can I tell how much weight my forklift can carry?

A. The Occupational Safety and Health Administration (OSHA) protects workers in the workplace. This includes safe operations of powered industrial trucks (PITs), commonly called forklifts. The complete set of rules for these can be found under the Materials Handling and Storage section of OSHA regulations at 29 CFR 1910.178.

At 29 CFR 1910.178(o)(2), OSHA states that “only loads within the rated capacity of a truck shall be handled.” The rated capacity can be found on the “data plate” located on the forklift. You can see an example data plate below.

Forklift Data Plate

There are several important numbers on the data plate, which include the rated maximum capacity (shown with the left arrow) as well as the load center (shown with the right arrow).

The load capacity is fairly straightforward. You should never attempt to lift more than the rated capacity, which on this plate is 5,000 lbs.

The load center, on the other hand, is the center of gravity for the load and, according to this data plate, should not be greater than 24 inches. It would not be good to have a center of gravity larger than this, because if the center of gravity is too far forward, the forklift can tip forward. This could cause the load to fall off or even possibly cause the forklift to fall over.

You can actually have a center of gravity larger than the one listed on the data plate, but this will force you to carry a lighter load. You can calculate a new load limit by using a simple formula, as follows:

Rated load center / Actual load center x Rated capacity = New safe load capacity

For instance, let’s say our load actually had a load center of 28 inches. Using the equation, we can figure out the new rated capacity.

24 inches / 28 inches x 5,000 lbs. = 4,286 lbs.

To view OSHA’s complete rules on PITs, click here.

Hazardous Waste Labels: Industry Standards vs. Regulations Posted on February 28, 2012 by James

The Hazardous Waste Label: It’s an industry standard, but not actually a Federal rule.
There is no official “EPA Hazardous Waste Label.” Instead, there are a handful of requirements from both the EPA and the DOT for marking and labeling hazardous waste containers before and during shipment. There are also many non-standardized commercial labels that meet some or all of the regulatory requirements.

Here’s what U.S. EPA says must be on hazardous waste containers:
Generators of hazardous waste may accumulate hazardous waste on site, without a permit, as long as they follow the rules in 40 CFR Part 262, Subpart C. Depending on your generator status, a hazardous waste container may need to be marked with the words “Hazardous Waste,” the accumulation start date, or other information. But the U.S. EPA does not specify any particular format (i.e., no standardized label).

Before shipping the waste off site for treatment, storage, or disposal, the generator must prepare the waste in accordance with the applicable requirements of the Department of Transportation’s (DOT) Hazardous Material Regulations (HMR). This includes:

  • Packaging the waste in accordance with 49 CFR Parts 173, 178, or 179 [40 CFR 262.30];
  • Labeling or placarding the container per 49 CFR Part 172, Subparts E and F respectively [40 CFR 262.31, 261.33]; and
  • Marking the container as a hazmat package, per 49 CFR Part 172, Subpart D [40 CFR 262.32(a)].

In addition to these DOT requirements, before shipping the waste off site, at 40 CFR 262.32(b), the EPA requires the generator to “mark each hazardous waste container with a capacity of 119 gallons or less with the following words and information”:

HAZARDOUS WASTE-Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
Generator’s Name and Address _____________.
Generator’s EPA Identification Number __________________.
Manifest Tracking Number ___________________.

Here’s what U.S. DOT says must be on hazardous material packages (including hazardous waste containers) during shipment:
For shipments of hazardous material, including hazardous wastes, the DOT requires each non-bulk package (maximum capacity no more than 119 gallons) to display, at a minimum:

  • The Proper Shipping Name and identification number of the hazardous material [49 CFR 172.301(a)];
  • The name and address of the shipper and/or the designated recipient [49 CFR 173.301(d)];
  • The diamond hazard labels for the primary (and most subsidiary) hazard classes of the hazardous material [49 CFR 173.400, 173.402].

While the DOT does have very detailed specifications for hazard labels (49 CFR 172 Subpart D), the Department does not specify formats for package markings, saying only that all package markings must be durable, visible, in English, and not obscured or confused by other markings. [49 CFR 172.304] In general, it is the shipper’s responsibility to ensure that these marks and labels are applied to the package before it can be shipped. There is no requirement to mark this information before offering the shipment for transportation, nor is there a prohibition against pre-marking. [49 CFR 173.22]

Hazardous Waste Label

Industry Standards
The label shown above, or one like it, is commonly used by hazardous waste generators in order to comply with the EPA and DOT requirements we have discussed so far. However, there is no provision anywhere in 40 or 49 CFR that requires anyone to use this exact label.

You can see that this label already includes the language required by 40 CFR 262.32(b) and has pre-printed fields to enter the name and address of the waste generator/shipper, as well as the manifest number and the DOT shipping description. When properly filled out, this label covers everything except up-arrows and hazard labels.

Conclusion
While the EPA and DOT have specific requirements for the content of marks and labels on hazardous waste containers, there is no standardized format or layout for this information. A generator can use a commercially available pre-printed label or use any other means, as long as the container markings ultimately conform to official EPA and DOT requirements.

New Limited Quantity Rules to Phase-out Consumer Commodities Posted on February 21, 2012 by James

If you ship limited quantities of hazmat, including consumer commodities, it’s important to learn the new procedures, because the DOT has already begun phasing out the old procedures. The phase-out period is planned for the end of next year. Shippers need to make sure they know how the new rules will affect their shipments, as well as ensure their employees are properly trained.

Why are there new limited quantity rules?
The new rules for shipping limited quantities are based on harmonized international standards, and their full adoption is directed at further smoothing international commerce. The new markings for limited quantities are language neutral to eliminate any confusion caused by the “LTD QTY” markings.

Part of the DOT’s harmonization effort is eliminating the ORM-D and ORM-D AIR classifications. For those of you who ship internationally, getting rid of the ORM-D class and marking will eliminate hassle from customs agents. Having a single packaging method for domestic and international shipments will save time and money in the long run. Outside the United States, where there never was an ORM-D class, the adoption of uniform standards for limited quantities and exclusion from shipping paper requirements actually opens up options for businesses.

What is changing under the new limited quantity rules?
The biggest change is a regulatory relief that will affect the shipping papers of limited quantity shipments being sent by ground. The second major change is a new package marking to replace the current UN# in a diamond. Lastly, the DOT is phasing out the ORM-D packaging classification.

How will air shipments of limited quantities be affected?
Limited Quantity Package
Under the new rules, there are more complicated material restrictions, quantity limits, and packaging requirements for air shipments than for other modes. The big difference between air and ground shipments under the new rules is that a package going by air must display the “Y” variation of the limited quantity symbol. The “Y” indicates that the package is eligible for transport by air, but may be used by other modes as well, as long as the package meets the requirements for air transport. [49 CFR 173.27]

What are the compliance deadlines for the new limited quantity rules?
Shippers were allowed to start using the new limited quantity packing rules at the beginning of 2011, and the international regulations (IMDG, ICAO, IATA, etc.) have already switched over to the new ways. For domestic shipments in the United States, shippers can continue to use the old markings for air shipments until the end of 2012. The old markings for ground and vessel shipments remain in place until the end of 2013.

Where can I get training on the new limited quantity rules?
Lion Technology will be hosting a special live web seminar on the new consumer commodity and limited quantity packaging rules on March 15, 2012. During the seminar, we will discuss the critical elements of the rules, best management practices to ease your company’s transition, and essential deadlines for compliance.

For Further Reference: 76 FR 3308, January 19, 2011, “Hazardous Materials: Harmonization with the United Nations Recommendations…”

Tier II Reporting: LEPCs and SERCs Posted on February 14, 2012 by James

Yes, it’s that time again! The annual hazardous chemical inventory report required under the EPCRA rules at 40 CFR 370 is due on March 1, 2012. The inventory reporting rule applies to any facility that is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the OSHA hazard communication rule at 29 CFR 1910.1200 [40 CFR 370.20(a)].

All hazardous chemicals that were present at your facility at or above their threshold quantities during the 2011 calendar must be included. For any OSHA hazardous chemical, the reporting threshold is 10,000 pounds or more present at one time during the year [40 CFR 370.1(b)(4)].

Teir II ReportingFor extremely hazardous substances (EHS), the reporting threshold is either 500 pounds or the threshold planning quantity (TPQ), whichever is lower, present at one time [40 CFR 370.1(b)(1)]. There are separate reporting thresholds for gasoline and diesel fuels [40 CFR 370(1(b)(2)-(3)].

Your annual report must be submitted to your Local Emergency Planning Committee (LEPC), State Emergency Planning Commission (SERC), and local fire department. If you are submitting the Tier II form, the EPA has developed Tier2 Submit software to help facilities prepare an electronic report. If your state accepts this format, you may follow the directions on EPA’s Tier II Chemical Inventory Reports page. This site also provides printable forms for facilities using the Tier I reporting form.

Who am I sending my Tier II reports to, and what happens to this information?

LEPC stands for Local Emergency Planning Committee. There is one LEPC for each of the more than 3,000 designated local emergency planning districts. According to EPA, LEPCs must include (at a minimum) members from:

  • Elected state and local officials;
  • Police, fire, civil defense, and public health professionals;
  • Environment, transportation, and hospital officials;
  • Facility representatives; and
  • Representatives from community groups and the media.

The EPA maintains a searchable online database of LEPCs and a comprehensive list of SERCs on their site.

According to a 2008 survey conducted by EPA, “The majority of responding LEPCs (75.6%) use Tier I and II data for emergency planning purposes (e.g., hazard analysis and identification of risk areas) and emergency response (71.0%). 39.4% use the data to make preparedness recommendations to local governments, and 12.0% use the data to make hazard reduction recommendations to industry.”

Federal Register Prints Flexibility Agendas Posted on February 14, 2012 by James

Yesterday, the Federal Register finally published the Fall 2011 Regulatory Flexibility Agendas, as required by the Regulatory Flexibility Act (5 USC 602). Compared to the Unified Agenda published last month (and discussed ), the Flexibility Agendas only include rules that have a significant economic impact on a substantial number of small entities (SEIOSNOSE) or are otherwise identified as significant rulemakings. Ever since the OMB took the lead on managing the agendas from the Federal Register, there hasn’t been much in the Flexibility Agendas that isn’t already in other sources. Department of Transportation Flexiblity Agenda (Fall 2011): PHMSA expects to continue working on new rules for lithium battery transportation, and to issue a set of miscellanous cleanup amendments later this year.

Here are links to the flexibility agendas for agencies in our area of EHS, and a few notes:

Question of the Week: Hearing Conservation Posted on February 07, 2012 by James

Q. We have a lot of machinery that give off noise. How do we know if we need some type of hearing loss program?

A. The Occupational Safety and Health Administration (OSHA) protects workers in the workplace from many hazards. One of the hazards that is often overlooked by employers is noise exposure, because you cannot see it. However, long-term exposure to loud or high pitched noise can cause irreversible damage to employees, so OSHA created the Occupational Noise Exposure standard found at 29 CFR 1910.95.

Without getting into any numbers yet, some good indicators that noise levels in your workplace have exceeded “acceptable” limits include, but are not limited to, the following:

  • It is necessary to shout in order to hear three feet away,
  • Noise levels seem louder than busy city traffic,
  • After exposure, you notice muffling or softening of sounds,
  • After work shift ends, it is necessary to increase the volume of the radio or TV to a level too loud for others, or
  • You experience tinnitus (a loud ringing or buzzing noise that continues after the noise stops).

OSHA requires noise exposure to be measured in decibels according to the “A scale” (dBA). The dBA scale most closely mimics the scale of human hearing and is measured with a device that has a damper on the meter needle. This ensures that readings are averaged out when sound levels are uneven.

Depending on how many hours an employee is exposed to a given noise, they will have different permissible exposure limits (PEL). Regardless of PELs, employers must administer a hearing conservation program whenever employee noise exposures equal or exceed the “action level.” The action level is an 8-hour, time-weighted average (TWA) constant sound level of 85 dBA, or equivalent dose. [29 CFR 1910.95(c)]

The TWA is the daily “amount” of noise that the employee is exposed to, not a single exposure, and is affected by how loud the noise is, how close the employee is to the source of the noise, and how long the employee is exposed. It is important to note that this noise level should be calculated without regard to protection offered by personal protective equipment (such as ear plugs or ear muffs).

The regulations for PELs and measuring TWAs can be found in Appendix A of 29 CFR 1910.95

If it is determined that you need a hearing conservation program, it must include the following elements:

  • Employee monitoring,
  • Employee notifications,
  • An audiometric testing program,
  • Hearing protectors,
  • Training,
  • Employee access to information, and
  • Recordkeeping.

If you or anyone at your facility requires more information on OSHA’s standards for noise exposure, we recommend taking Lion’s Hearing Conservation online training program

References: 29 CFR 1910.95—Occupational Noise Exposure Standard
OSHA’s Safety and Health Topics: Occupational Noise Exposure

FAA Reauthorization Imminent: New Rules for Lithium Batteries May be Affected Posted on February 02, 2012 by James

After years of temporary extensions, the House and Senate have agreed on legislation to reauthorize and make improvements to the Federal Aviation Administration (FAA).

Among the many provisions in the conference report, Congress intends to curtail the Department of Transportation from creating or enforcing any regulations that restrict the transportation of lithium batteries by air more stringently than existing ICAO regulations. See below.

SEC. 828. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.

  • (a) IN GENERAL.—The Secretary of Transportation, including a designee of the Secretary, may not issue or enforce any regulation or other requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries, whether transported separately or packed with or contained in equipment, if the requirement is more stringent than the requirements of the ICAO Technical Instructions.
  • (b) EXCEPTIONS.—
    • (1) PASSENGER CARRYING AIRCRAFT.—Notwithstanding subsection (a), the Secretary may enforce the prohibition on transporting primary (nonrechargeable) lithium batteries and cells aboard passenger carrying aircraft set forth in special provision A100 under section 172.102(c)(2) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).
    • (2) CREDIBLE REPORTS.—Notwithstanding subsection (a), if the Secretary obtains a credible re port with respect to a safety incident from a national or international governmental regulatory or investigating body that demonstrates that the presence of lithium metal cells or batteries or lithium ion cells or batteries on an aircraft, whether transported separately or packed with or contained in equipment, in accordance with the requirements of the ICAO Technical Instructions, has substantially contributed to the initiation or propagation of an onboard fire, the Secretary—
      • (A) may issue and enforce an emergency regulation, more stringent than the require ments of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if that regulation—
        • (i) addresses solely deficiencies ref erenced in the report; and
        • (ii) is effective for not more than year; and
      • (B) may adopt and enforce a permanent regulation, more stringent than the require ments of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if—
        • (i) the Secretary bases the regulation upon substantial credible evidence that the otherwise permissible presence of such cells or batteries would substantially contribute to the initiation or propagation of an on board fire;
        • (ii) the regulation addresses solely the deficiencies in existing regulations; and
        • (iii) the regulation imposes the least disruptive and least expensive variation from existing requirements while adequately addressing identified deficiencies.

According to the House Transportation & Infrastructure Committee, the full House and Senate expect to vote on the measure before the FAA’s current short-term funding extension expieres on February 17.

PHMSA to Hold Public Meeting on Special Permits & Approvals Posted on February 02, 2012 by James

The Pipeline and Hazardous Materials Safety Administration (PHMSA) will hold a public meeting to discuss the Special Permit and Approval program on February 29, 2012, in Washington D.C. Specifically, the meeting will discuss PHMSA’s work on developing an automated system for quantitatively assessing applicants fitness for Special Permits & Approvals. This meeting is the regulated community’s chance to hear from the agency and to given them your input on the issue.