Hazmat in Healthcare: Division 6.2 and Medical Waste Posted on July 15, 2014 by Ross Kellogg

Hazardous materials shippers have many responsibilities under US DOT regulations. The first and arguably most important step of the hazmat shipping process is classifying the material.

If this first step is done incorrectly, the packaging selected for the shipment may not be compatible or strong enough; the marks, labels, and shipping papers will be inaccurate; etc. In the event of an incident in transit, emergency responders will not have the information required to make the best judgment about how to react and respond. The classification requirement is found at 49 CFR 173.22.

With many materials, classification is a relatively simple process. Some hazmat, though, can be rather complicated to classify and may even require special expertise in a specific related field. One example of this is the classification of Division 6.2 infectious substances.

What Is a DOT “Infectious Substance”?

The US DOT defines an infectious substance as “a material known or reasonably expected to contain a pathogen.” [49 CFR 173.134] Pathogen is further defined as a microorganism (e.g., bacteria, viruses, parasites, fungi) or other agent, such as an infectious particle, that can cause disease in humans or animals. Examples are the Ebola virus and hoof-and-mouth disease and the cultures taken from them. Not all these pathogens are regulated the same way, if at all, and Division 6.2 is further divided into two categories:

  • Category A: An infectious substance in a form capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs.
  • Category B: An infectious substance that is not in a form generally capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs.

An exposure occurs when an infectious substance is released outside of its protective packaging, resulting in physical contact with humans or animals.

Exceptions to the Division 6.2 Shipping Rules

As with many hazmat shipping regulations, there are a number of exceptions that apply to specific materials. Here is a brief list:

  • A material that does not contain an infectious substance or that is unlikely to cause disease in humans or animals
  • A material containing micro-organisms that are non-pathogenic to humans or animals
  • Blood, blood plasma, and blood components for blood transfusion or of blood products and sent for testing, if believed not to contain a Category A or Category B infectious substance
  • Certain laundry and medical equipment and used healthcare products
  • Agricultural products and food as defined in the Federal Food, Drug, and Cosmetics Act

Having a medical background certainly could be helpful to make the distinction between a Category A and Category B substance. Following are some general guidelines and examples.

Category A vs. Category B Infectious Substances

A Category A infectious substance that is potentially fatal must be assigned to identification number UN 2814 or UN 2900, as appropriate. Assignment to UN 2814 or UN 2900 must be based on the known medical history, symptoms, or professional judgment concerning the source. UN 2814 is assigned to materials that can affect humans and UN 2900 to those that only affect animals. A blood sample from a patient know to have the Ebola virus, for example, would be assigned UN 2814, while one containing hoof-and-mouth disease would be UN 2900.

A Category B infectious substance must be described as “Biological substance, Category B” and assigned identification number UN 3373. This does not include regulated medical waste, which must be assigned identification number UN 3291. An example of a Category B substance is a tissue sample containing Hepatitis B.

Shipping Regulated Medical Waste

The rules for shipping regulated medical waste, UN 3291, differ from the infectious substance regulations. Sometimes known as clinical waste or (bio) medical waste, regulated medical waste is a waste or reusable material derived from the medical treatment of an animal or human or from biomedical research.

When packaged to the specific standards at 49 CFR 173.134(c)(2), some Category B infectious substances meet the definition of regulated medical waste. For example, Category B waste cultures transported as regulated medical waste conforming to certain packaging and transportation requirements can get relief from the majority of the regulations. Medical waste containing a Category A infectious substance, however, must be classed as an infectious substance and assigned to UN 2814 or UN 2900, as appropriate.

While medical-related hazmat makes up only a small portion of US hazmat shipments each year, the dangers posed by these materials are very real. By ensuring their materials are classified and named correctly, hazmat employees in the healthcare industry can be confident their shipments are safe in transit and that emergency response personnel have the best information possible to respond in the case of an emergency.

49 CFR Shipper Training for Medical Hazmat and Waste

For hazmat shippers in the medical industry, Lion offers online training for both Shipping Infectious Substances and Shipping Regulated Medical Waste. Learn the US DOT regulations for classifying, naming, packaging, marking, labeling, loading, unloading, and documenting these hazmat shipments. The US DOT requires training for all hazmat employees once every three years, and fines for hazmat shipping mistakes are now as high as $75,000 per day, per violation.

Updating Your EPA Risk Management Plan Posted on July 08, 2014 by Anthony R. Cardno

Under the Clean Air Act, owners or operators of facilities at which a process uses “…more than a threshold quantity of a regulated substance…” [40 CFR 68.10] must create a Risk Management Plan (RMP) to prevent the accidental release of these substances to the ambient air and to minimize the consequences of releases that do happen.

Because both EPA regulations and industry best practices change over time, EHS managers must ensure their facility’s RMP is maintained and updated when necessary. At 40 CFR Part 68, the EPA sets specific standards for revising and updating Risk Management Plans under specific circumstances.

Elements of a Risk Management Plan

  • The substances regulated under the RMP rules are listed at 40 CFR 68.130, Tables 1 through 4.
  • A process is defined as “any activity involving a regulated substance including any use, storage, manufacturing, handling or on-site movement of such substances, or combination of these activities … [including] any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could be involved in a potential release….” [40 CFR 68.3]

At a minimum, RMPs must be fully updated and resubmitted at least every five years. [40 CFR 68.190(b)(1)] These revised plans must be submitted via the same RMP*eSubmit software used for initial submission of RMPs. Visit the EPA’s website for more information on electronic Risk Management Plan submission.

Updating RMPs Due to Change in Quantity

Under certain circumstances, RMPs must be updated and resubmitted before the five-year anniversary:

  • If a new regulated substance, above the appropriate threshold, is added to an existing process.
  • If an existing regulated substance is increased to above the appropriate threshold for the first time.

In both of these cases, the facility must update and resubmit the RMP by the time the regulated substance is present in a process at a quantity that is greater than the regulatory threshold.

Updating RMPs Due to Revised Analysis

Facilities must also update RMPs within six months of any change that requires:

  • A revised process hazard analysis or hazard review [40 CFR 68.190(b)(5)],
  • A revised off-site consequence analysis [40 CFR 68.190(b)(6)], or
  • A change in applicable program level [40 CFR 68.190(b)(7)].

Updating RMPs Following Emergencies or Accidents

Facilities must also revise their RMPs in relation to releases and emergency preparedness.

  • Accidental releases that meet certain criteria must be:
    • Added to “five-year history” and “incident investigation” sections of the RMP
    • Within six months of the date of the accident.

  • Changes to facility emergency contact information must be:
    • Corrected in the RMP within one month of the change.
    • Revisions to other RMP sections not required.

Deregistration from the RMP Reporting Program

Facilities that make changes that drop them out of the RMP requirements (for instance, removing processes or limiting the amount of the hazardous substance to stay below the threshold quantity) must submit a de-registration to EPA within six months of the change. [40 CFR 68.190(c)] Maintaining an up-to-date and accurate Risk Management Plan not only ensures compliance with 40 CFR 68, it also helps facilities comply with the more broadly applicable General Duty Clause of the Clean Air Act [CAA Section 112(r)(1)] and emergency preparedness requirements under other major EPA programs.

Build EHS Expertise and Confidence

Build confidence that you’re up to date with the latest water, air, and chemical programs that affect your facility. Knowing your legal obligations under the EPA’s major regulations is critical—missing even one environmental mandate can lead to costly fines and penalties, releases, and future liability. The hands-on Complete Environmental Regulations Workshop is designed for both new and experienced EHS professionals. Through expert instruction, collaboration with other EHS professionals, and real-world exercises, you will understand how these complex sets of laws and regulations apply to your facility—and how to make the right decisions for your business.

Preventing Heat Illness in the Summer Posted on June 30, 2014 by Joel Gregier

OSHA Administrator David Michaels recently renewed his Agency’s commitment to protecting employees from high-heat hazards—which can cause serious physical harm and even death. “This is a common-sense thing,” said Michaels, who urged employers to ensure they provide workers with sufficient water, rest, and shade. Last year, OSHA issued 11 citations for heat-related violations, including $33,000 in fines for a refuse removal company whose employee died working a 10-hour shift on a garbage truck in 99 degree heat.

Now that summer is underway and the heat index has broken 90 degrees in many places, it is more important than ever for employers to protect workers from the dangers of excess heat. While there is no specific OSHA standard regulating high temperatures, companies must protect their employees from heat illnesses. [OSHA Act Sec.5]

OSHA realizes the importance of heat protection during warm months. In fact, in 2011, OSHA created the “Campaign to Prevent Heat Illness in Outdoor Workers” to specifically address the hazards posed by extreme or prolonged exposure to heat.

What Risks Are Involved With Working in the Heat?

When overheating, the human body naturally tries to cool itself through sweating. In extreme heat, however, the body can no longer regulate itself properly if no preventative measures are taken.

Common illnesses include heat rash, heat cramps, heat exhaustion, and heat stroke. Heat stroke is particularly dangerous in that it can lead to death if not immediately treated.

How Can You Prevent Heat Illnesses?

Thousands of workers are affected by heat illnesses every year. The sad fact is that nearly all of these incidents are preventable.

Among other things, the following methods can help prevent heat illness:

  • Provide workers with water. OSHA has suggested that workers drink water every 15 minutes, even if they are not thirsty. It may be too late to hydrate once the body has used up all its water.
  • Provide rest and shade. Bodies need time to cool down throughout the day. Sitting down under a tree or, even better, getting time in an air-conditioned space can make all the difference.
  • Allow workers to acclimatize to the heat. Statistics have shown that new workers and those workers who have taken more than a week off are the most susceptible to heat illness. This is because the body needs time to build tolerance to the heat. To help with this, these workers should have a work schedule that allows them time to acclimatize.
  • Modify work schedules, if needed. Even the strongest workers can still be taken aback when a heat wave hits. In these cases, maybe a shorter workday or more frequent breaks are needed. In some cases, workers can maybe spend part of the day working indoors.
  • Plan for emergencies and train employees on symptoms and prevention. Workers should be able to notice when they or coworkers are having difficulties. Knowing common symptoms, such as flushed faces or light-headedness, can possibly catch a problem before it becomes serious.
  • Monitor workers for illnesses. Employers also need to take a proactive role and watch their workers’ actions. Even if an employee is in the midst of something like heat exhaustion, recognizing this hazard early is much better than letting it escalate to heat stroke.
  • Possibly provide personal protective equipment (PPE). Employers are not required to supply “ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.” [29 CFR 1910.132(h)] However, providing these or other types of PPE can help employees during warm weather.

More information about OSHA’s “Campaign to Prevent Heat Illness in Outdoor Workers” can be found on OSHA’s website.

24/7 Online OSHA Training at Lion.com

For convenient training that covers many OSHA standards, Lion Technology offers 24/7 online courses at www.Lion.com/OSHA-Training. Lion.com online courses save workers’ progress throughout, so they can start and stop as needed to fit their work schedules. IT support for online training is available 7 days a week.

RCRA Workshop Helps Manufacturers With “Zero Landfill” Initiatives Posted on June 25, 2014 by Roger Marks

At manufacturing and industrial facilities nationwide, managing hazardous waste can be a burdensome and expensive responsibility. Compliance professionals must manage their waste to exacting standards and pay to have the waste hauled away, treated, and disposed of safely. In addition to these management, treatment, and disposal rules, the Resource Conservation and Recovery Act (RCRA) requires annual training for facility personnel at hazardous waste generator sites.

The high cost of proper hazardous waste disposal and the threat of future liability for improper disposal and environmental contamination have driven many facilities to work toward minimizing the volume of hazardous waste generated on site. As more companies move toward these “zero landfill” initiatives, streamlining hazardous waste operations becomes critical to gaining and maintaining a competitive advantage.

To help experienced EHS managers discover new management strategies to minimize waste and lower waste treatment and disposal costs, Lion Technology will present the Advanced Hazardous Waste Management Workshop in area cities in July and August. In addition to meeting the US EPA’s annual training mandate under RCRA, this unique workshop emphasizes cost-cutting options such as:

  • Capitalizing on waste ID and counting exclusions
  • Keeping solid waste “out of the system” of RCRA
  • Treating waste without a RCRA permit
  • Best practices for waste minimization and pollution control
  • Managing used oil and universal waste, and more

The workshop will be presented in Kansas City on July 14-15, St. Louis on July 17-18, Chicago on July 21-22, Detroit on July 24-25, Cincinnati on August 4-5, and Pittsburgh on August 7-8. Enrollment includes annotated 40 CFR RCRA regulations, a searchable Reference CD, a how-to reference workbook, a pocket-sized quick reference guide, and 365 days of updates and compliance support. The cost for the two-day workshops is $895/student. Group pricing is available.

More information on the workshop, presented nationwide, is available at Lion.com/ZeroLandfill.

Crushing Mercury Lamps: When Is It Acceptable? Posted on June 24, 2014 by James Griffin

The fluorescent lamps in offices and facilities across the US use mercury vapor for illumination. Under the US EPA’s RCRA regulations, wastes that contain elevated levels of leachable mercury compounds are hazardous waste. [40 CFR 261.24] When you discard the bulb from a tube or compact fluorescent lamp, you are discarding hazardous waste. Because nearly every office and business in the country generates this kind of waste (i.e., the wastes are generated universally), the Federal and every State EPA allow generators to manage these lamps under the universal waste rules. [40 CFR 273.5]

Most of the volume of a fluorescent lamp is empty space, filled with a thin mercury vapor. Crushing the lamps during storage saves space and is the first step of recycling. As long as the glass is contained and the vapors are recovered, crushing the lamps protects the environment.

The universal waste regulations allow generators to manage broken lamps along with whole ones. However, the EPA considers purposefully crushing lamps to be treatment of hazardous waste. [40 CFR 260.10] Generally, treating hazardous waste (even by simply physically reducing volume) requires a RCRA permit from the US or State EPA. [40 CFR 270.1] While the US EPA has permitted-by-rule some common activities (diverting to wastewater treatment unit, elementary neutralization, adding absorbents, disassembling mercury thermostats, etc.), it has not done so for crushing lamps.
[60 FR 25519, May 11, 1995]

While the US EPA does not permit universal waste handlers to crush lamps, the Agency has authorized several State programs that do permit this form of treatment when those State RCRA programs include methods to contain mercury vapors.
[64 FR 36477, July 6, 1999]

Which States Permit Lamp Crushing?

The following states permit universal waste handlers who meet certain conditions to crush universal waste lamps:

  • Colorado [6 CCR 1007-3, Section 273.13(e), 6 CCR 1007-3 Section 273.33(e)]
  • Florida [FAC 62-737.400(6)(b)]
  • Illinois [35 IAC 733.113(d)(3) or 35 IAC 733.133(d)(3)]
  • Massachusetts [310 CMR 30.1034(5) and 310 CMR 30.1044(5)]
  • Maryland [COMAR and]
  • Montana [ARM 17.53.1303]
  • New Mexico [NMAC]
  • Tennessee [Rule 0400-12-01-.12(2)(d)(4), 0400-12-01-.12(3)(d)(4), and 0400-12-01-.12(8)]
  • Texas [30 TAC 335.261(e)]
  • Virginia [9 VAC 20-60-273(B)(3)(b)]

How Does Crushing Work?

While there is variation between different states’ RCRA rules, the following conditions usually apply when a universal waste handler crushes lamps/bulbs:

  • The handler must use a specially designed mechanical device to crush the lamps, accumulate the glass, and contain the mercury vapor.
  • The handler must crush the lamps in a final accumulation container.
  • The handler must crush the lamps in a controlled manner that prevents the release of mercury vapor or other contaminants to the environment.
  • The handler may need to recycle the captured mercury vapor and crushed glass or else manage the separated components as hazardous waste, if applicable
  • The handler must have and follow a written plan for operating and maintaining the crushing device.
  • The handler must ensure that all employees operating the crushing device are trained on the operating and maintenance plan.
  • In some cases, the State EPA requires handlers to notify or register with the agency before they begin crushing lamps. Massachusetts requires lamp crushers to obtain a Class A recycling permit, which, while more burdensome than a permit-by-rule used in other states, is less burdensome than a RCRA treatment permit.

Be advised: Even when the state allows crushing, not every recycler is set up to receive pre-crushed glass and mercury vapors. And because only some states allow bulb-crushing, interstate shipments for recycling can be complicated.

Nationwide Annual RCRA Training for Managers and Personnel

Be confident your site is in compliance with the latest RCRA hazardous waste rules! For annual training on the EPA’s core requirements for managing and storing hazardous waste on site, Lion presents the Hazardous/Toxic Waste Management Workshop in cities nationwide.

Seeking new management strategies or recycling options to minimize waste and cut costs? The Advanced Hazardous Waste Management Workshop also covers the RCRA rules that generators must know, with an emphasis on strategies to streamline your operations, keep waste “out of the system” of RCRA, and treat waste on site without a RCRA permit.

Shipping Cryogenic Liquids Safely Posted on June 17, 2014 by Marc Kleinman

Cryogenic liquids (i.e., cryogens) have unique properties that create a very different set of concerns and requirements when compared to materials like flammable liquids, corrosives, and poisons. The majority of the differences focus on packaging. In this article, we will limit the discussion to smaller packages such as cylinders and Dewar flasks and not worry about bulk shipments or tanks.

Definition and Hazards

The US DOT defines a cryogenic liquid as a refrigerated liquefied gas having a boiling point below –90°C (–130°F) at 101.3 kPa (14.7 psia) absolute. [49 CFR 173.115(g)] In other words, at normal temperatures and pressures, cryogens are gases. When cooled and pressurized, they turn to liquid. All cryogens have two properties in common: they are kept extremely cold, and small amounts of liquid can expand into very large volumes of gas.

Prolonged exposure to cryogens can cause frostbite and severe damage to the lungs. At room temperature, some cryogens expand to over 600 times their liquid volume and can easily displace the oxygen in the room, creating an asphyxiation hazard. Liquid carbon monoxide is especially dangerous, because it rapidly expands if not properly maintained and thus creates a toxic environment. Due to the unique hazards these materials pose, shipments of cryogens are subject to the Hazardous Materials Regulations regardless of whether they meet the regulatory definition of a non-flammable, non-poisonous compressed gas.

Identifying and Naming Cryogenic Liquids

Cryogenic liquids, like all other hazardous gases, are assigned a Proper Shipping Name (PSN), an identification number, and a hazard division, but not a packing group. Cryogenic gases are typically assigned to Hazard Division 2.2, but some gases are flammable or poisonous or have an oxidizing subsidiary hazard. PSNs for cryogenic liquids are typically in the form of “GAS NAME, Refrigerated Liquid, (cryogenic liquid).” In addition to three “generic” (G) shipping names for flammable, oxidizing, and other miscellaneous gases, there are PSN entries in the Hazmat Table for the following cryogenic gases: air, carbon monoxide (North America only), ethylene, methane, hydrogen, nitrogen, oxygen, and the noble gases argon, helium, krypton, neon, and xenon.

Possible Packagings: What Is a Dewar Flask?

A Dewar flask is a type of packaging often compared to a Thermos (vacuum) jug. Created by James Dewar and patented by Thermos L.L.C., this two-layer container consists of a glass or metal bottle that holds the liquid and is surrounded by a sealed vacuum layer that extends the insulating capacity of the flask.

Shipping Cryogenic Liquids in Cylinders

As with any hazardous material, a package containing cryogens must be strong enough to survive a normal trip, be compatible with its contents, and handle the pressures and temperatures incident to transport. When shipping using cylinders, though, these requirements are only the beginning.

Additional requirements for cryogens include keeping the temperatures of the materials within the “design service temperature” of the packaging. When shipping a flammable cryogen liquid in a cylinder, the jacket covering the insulation on the cylinder must be made of steel. A valve or fitting made of aluminum with internal rubbing or abrading aluminum parts that may come in contact with oxygen in the cryogenic liquid form may not be installed on any cylinder used to transport oxygen, cryogenic liquid unless the parts are properly anodized to increase corrosion resistance.

It is critical to keep in mind the high pressure of the material in the cylinder. Each cylinder must be provided with one or more pressure relief devices, which must be installed and maintained in compliance with 49 CFR. Each cylinder containing a cryogenic liquid must have a pressure control system designed and installed so that it will prevent the cylinder from becoming liquid full. A cryogen release, especially of a flammable cryogen like methane, could be catastrophic.


When certain criteria are met, the US DOT allows shippers to vent packages in order to reduce pressure during transit. Per 49 CFR 173.24:

“Venting of packagings, to reduce internal pressure which may develop by the evolution of gas from the contents, is permitted only when-
(1) Except for shipments of cryogenic liquids as specified in §173.320(c) and of [dry ice], transportation by aircraft is not involved.”

Also, the shipper must ensure that the outage and filling limits were not exceeded when preparing the package for shipping. For cylinders, these limits are found in 49 CFR 173.301 through 173.306.

Orientation Arrows for “Open Cryogenic Receptacles”

Unlike toxic, flammable, or compressed gases, orientation markings (i.e., up arrows) are required for “open cryogenic receptacle intended for the transport of refrigerated liquefied gases.” [49 CFR 172.312]

Special Provisions (49 CFR 172.102)

The requirements for shipping any cryogen include tank special provisions the shipper must check to ensure correct package selection. These special provisions cover standards like pressure relief devices and operating temperatures.

For liquid nitrogen shippers, two special provisions exist that may be very helpful in simplifying the shipping process.

Special Provision SP 345 states: “Nitrogen, refrigerated liquid (cryogenic liquid), UN1977 transported in open cryogenic receptacles with a maximum capacity of 1 L are not subject to the requirements of this subchapter. The receptacles must be constructed with glass double walls having the space between the walls vacuum insulated and each receptacle must be transported in an outer packaging with sufficient cushioning and absorbent materials to protect the receptacle from damage.”

Special Provision SP 346 states: “Nitrogen, refrigerated liquid (cryogenic liquid), UN1977 transported in accordance with the requirements for open cryogenic receptacles in §173.320 and this special provision are not subject to any other requirements of this subchapter. The receptacle must contain no hazardous materials other than the liquid nitrogen which must be fully absorbed in a porous material in the receptacle.”

Cryogenic Liquids Exceptions and Reliefs

When shipped by ground at relatively low pressure, some cryogens may qualify for exceptions from the US DOT’s hazardous materials shipping requirements. Specifically, 49 CFR 173.320 refers to atmospheric gases and helium, cryogenic liquids, shipped in Dewar flasks, insulated cylinders, insulated portable tanks, insulated cargo tanks, and insulated tank cars.

Because the hazards posed by cryogens are so great given their potential to expand rapidly, the high pressure involved, and the temperature controls needed for stability, attention to detail is critical for shippers when preparing these materials for transport. Mishandling or incorrectly packaging these shipments can lead not only to fines as high as $75,000 per day, per violation, but to catastrophic incidents in transit. By following the detailed, exacting standards for these materials, shippers can keep their supply chain moving smoothly and safely.

Expert Hazmat Shipper Training

Update your hazmat ground, air, and ocean shipping certifications with Lion Technology’s Complete Multimodal Training Workshops. The complete 4-day program covers everything shipping managers need to know to ensure shipments are classified, named, packaged, marked, labeled, loaded, unloaded, and documented in line with the latest 49 CFR, IATA, and IMO requirements. The US DOT’s requires hazmat shipping employees to be trained once every three years (49 CFR 172.704), and IATA requires air shipping employees to be trained once every 24 months (IATA 1.5).

IATA Issues Addendum II to 55th Edition DGR Posted on June 13, 2014 by James Griffin

On June 6, 2014, the International Air Transport Association (IATA) published the second addendum to its 55th Edition (2014) Dangerous Goods Regulations. Compliance with the 55th Edition DGR has been mandatory since January 1 of this year. Below is a summary of some of the revisions made in this Addendum, the full text of which is available here.

For US-based hazmat shippers, the following amendments to the DGR may be significant:

  • State Variation USG-04 for environmentally hazardous substances updated to match the terms and conditions of 49 CFR 172.101, Appendix A.
  • State Variation USG-05 for explosives updated to include the US Department of Transportation’s new policies for consumer fireworks.
  • State Variation USG-12 for emergency response telephone numbers updated to conform to the terms and conditions of 49 CFR 172.604.
  • The IATA DGR Emergency Response Guide (ERG) code for all lithium-ion battery shipments has been changed to “9F” from “9FZ.”

View the full second addendum to the 55th Edition Dangerous Goods Regulations.

IATA released its first addendum to the 55th Edition DGR back in December 2013. Information on Addendum I can be found here and the full
addendum can be found on IATA’s website.

Ensure compliance by keeping up to date on the latest hazmat air shipping rules—including Addenda I and II to the 55th edition IATA Dangerous Good Regulations—at the upcoming
Hazardous Materials Air Shipper Certification Workshops, presented in cities nationwide.

Annual PCB Documentation Deadline Posted on June 10, 2014 by Anthony R. Cardno

This week, LionNews continues to examine the ongoing cycle of Federal and State reporting requirements under major US EPA regulatory programs. In previous editions, we addressed Tier I and Tier II chemical inventory reports, annual Greenhouse Gas (GHG) reporting under the Clean Air Act, and Toxic Release Inventory (TRI) disclosures required under EPCRA.

At facilities that use or store items that contain polychlorinated biphenyls (PCBs), the management standards at 40 CFR 761 require employers to document their previous year’s PCB-related storage, shipping, and disposal activities each year before July 1. While employers are not required to submit this documentation to any Federal or State agency, the records must be available for inspection by authorized EPA representatives during normal business hours. [40 CFR 761, Subpart J, "General Records and Reports"]

Facilities With PCBs and PCB Items in Service or Projected for Disposal

PCB items are defined as “any PCB Article, PCB Article Container, PCB Container, PCB Equipment, or anything that deliberately or unintentionally contains or has as a part of it any PCB or PCBs.” [40 CFR 761.3]

Documentation is required for any facility using or storing at any one time:

  • At least 45 kilograms in such PCB items;
  • One or more PCB transformers; or
  • Fifty or more PCB large high- or low-voltage capacitors.

These facilities must keep two types of documentation: the Annual Records and the Written Annual Document Log.

Annual Records

The Annual Record must include:

  • All signed manifests generated by the facility during the calendar year;
  • All Certificates of Disposal received by the facility during the calendar year; and
  • Records of inspections and cleanups performed in accordance with 40 CFR 761.65(c)(5).

Written Annual Document Log

The written annual document log must include:

  • The name, address, and EPA identification number of the facility;
  • The calendar year covered by the document log;
  • The unique manifest number of every manifest generated by the facility during the calendar year and certain details from each manifest, including data on identification, weight, and dates of removal from service, transport off site, and disposal (if known);
  • The total number by type of PCB articles/containers and total weight in kilograms of PCBs in articles/containers placed into storage for disposal or disposed of in the calendar year;
  • The total weight in kg of any PCBs and PCB items remaining in service at the end of the calendar year;
  • Total number of PCB transformers and capacitors, along with the total weight of PCBs therein, remaining in service at the end of the calendar year;
  • Record of all phone calls made to confirm receipt of PCB waste transported by independent transporter; and
  • If PCB items with concentrations of 50 ppm or greater are distributed in commerce for reuse, identification and contact information for the item and the person it was distributed to (along with date of transfer and serial numbers).

Others Who Must Document

In addition to the above, the following facilities that use, store, or dispose of PCBs must also complete the annual documentation requirements:

  • Disposers and commercial storers of PCB waste;
  • Incineration facilities;
  • Chemical waste landfill facilities; and
  • High-efficiency boiler facilities.

Lastly, PCB storage or disposal facilities must collect and maintain all documents, correspondence, and data provided by or to any State or local government agency that pertain to the storage or disposal of PCBs at the facility. This includes copies of any applications and related correspondence in regard to wastewater discharge permits, solid waste permits, building permits, or any other permits or authorizations.

The annual records and written document logs described above must be kept for at least three years after the facility ceases using or storing PCBs and PCB items.

Are you the go-to person for all things EHS at your facility? Understanding the air, water, and chemical regulations that apply to your facility will help you communicate clearly and confidently with your organization and better defend your business against costly fines, penalties, and future liability. Lion’s Complete Environmental Regulations Workshop is presented nationwide and covers the critical elements of the major EPA programs that affect industrial facilities every day.

One Year Left to Update Safety Data Sheets Posted on June 03, 2014 by Joel Gregier

It’s been just over two years since the Occupational Safety and Health Administration (OSHA) updated its Hazard Communication Standard with new GHS rules.

The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) created new requirements for classifying, labeling, and creating Safety Data Sheets (SDS) for hazardous chemicals in the workplace. To give manufacturers a chance to update this information and train employees on the new Standard, OSHA instituted a transition period of about three years.

The first GHS-related deadline for employers passed on December 1, 2013, and concerned employee training. OSHA required all covered employers to train their employees on the new elements of the HazCom Standard before that date.

Another important part of GHS implementation is updating existing Material Safety Data Sheets to conform to a new format. OSHA now refers to this documentation as a Safety Data Sheet, or SDS. The deadline for updating SDSs is June 1, 2015. That means that those who have not updated their SDSs will have about one year to get in compliance with the GHS requirements. [29 CFR 1910.1200(j)(2)]

Onsite Group Training

New SDS Requirements

Despite the change in name, SDSs still require the same kind of information as they did before OSHA adopted the GHS standards. However, SDSs now have a mandatory 16-section format, and many of these sections may require more information than before. Twelve of these sixteen sections are mandatory, while four of the sections will not be enforced since they go beyond the scope of OSHA’s authority. [29 CFR 1910.1200(g)(2)]

The required elements for each of the SDS sections can be found in Appendix D to the Hazard Communication Standard.

Who Must Update the SDSs?

Typically, chemical manufacturers will be the ones who update SDSs. Importers may also have to update these documents if their imported chemicals’ SDSs do not conform to the new HazCom Standard. [29 CFR 1910.120(g)(6)]

Manufacturers and importers are required to provide SDSs to employers and distributors with the initial shipment of a chemical or with the first shipment after an SDS has been updated. Thus, once a manufacturer updates an SDS to meet GHS standards, future shipments to purchasers would need a copy of the updated SDS. Manufacturers can either provide these forms with the shipped containers themselves or send them prior to the shipment (e.g., fax or e-mail a form beforehand).

Manufacturers and importers are also required to provide SDSs upon request.

SDS Recordkeeping Requirements for Employers

Employers are required to maintain copies of SDSs on site for each hazardous chemical that their employees could come in contact with. [29 CFR 1910.1200(g)(8)]

Theoretically, employers should be receiving updated SDSs automatically as manufacturers send new shipments. However, if an SDS is not provided with a shipment labeled as hazardous, the employer should obtain one from the manufacturer or importer as soon as possible. [29 CFR 1910.1200(g)(6)(iii)]

If employers never receive a new shipment of a particular hazardous chemical they work with, they can keep the old MSDS on file for that chemical. However, it may be a good management practice to request an updated SDS anyway.

For employers who must train new employees on OSHA’s revised Hazard Communication Standard or provide update training to experienced workers, Lion offers the Hazard Communication Online Course. Now updated to cover new hazard criteria, GHS marks and labels, and the Safety Data Sheet format, the online course is available 24/7 so employees can fit training into their work schedules.

For hazardous materials shippers concerned with how new GHS hazard marks, labels, and classification will affect their legal responsibilities under 49 CFR, Lion will present the live, instructor-led GHS Compliance for Hazmat Shippers Webinar on June 10, from 1 to 3 p.m. ET.

New Clean Water Act Rulemaking Affects NPDES Permit Program Posted on May 28, 2014 by Anthony R. Cardno

On May 19, 2014, EPA signed a final rule establishing requirements for cooling water intake structures (CWIS) at certain existing facilities. The new rule also amends some requirements for facilities already subject to regulation for their cooling water intake structures. EPA has made available a pre-publication version of the rule until the rule is published in the Federal Register.

These new and amended requirements will be implemented under the National Pollutant Discharge Elimination System (NPDES) permit program. While NPDES permitting is focused on discharges to waters of the United States, Section 316(b) of the Clean Water Act also “require[s] that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.”

Who Is Subject to the New Rule?

The new rule largely focuses on existing power-generating facilities and existing manufacturing and industrial facilities (including, but not limited to, petroleum refineries; chemical manufacturing plants; pulp and paper mills; iron, steel, and aluminum manufacturing; and food processing) with cooling water intake structures that are designed to:

  • Withdraw more than 2 million gallons of water per day (mgd) from waters of the United States, and
  • Use at least 25 percent of that water exclusively for cooling purposes.

Facilities with cooling water intake structures that do not meet the 2 mgd threshold may also be subject to permitting on a case-by-case basis as determined by the NPDES Permit Director using Best Professional Judgement (BPJ).

An existing facility is any facility that does not meet the definition of “new facility” in 40 CFR 125.83. That regulation defines a “new facility” as any facility that meets the definition of “new source” [40 CFR 122.2], which commenced construction after January 17, 2002 and which uses either a newly constructed CWIS or has increased the capacity of an existing CWIS to intake additional cooling water.

Cooling Water Intake Structures

The new rule defines a cooling water intake structure as “the total physical structure and any associated constructed waterways used to withdraw cooling water from waters of the United States. The cooling water intake structure extends from the point at which water is first withdrawn from waters of the United States source up to, and including, the intake pumps.”

The new rule also defines cooling water as “water used for contact or noncontact cooling, including water used for equipment cooling, evaporative cooling tower makeup, and dilution of effluent heat content” and clarifies that cooling water is water intended to absorb waste heat.

Purpose of the Rule

The focus of the new rule is on reducing the effects of impingement and entrainment on fish populations in particular and the water body’s ecosystem in general.

  • Impingement means the entrapment of all life stages of fish and shellfish on the outer part of an intake structure or against a screening device during periods of intake water withdrawal.
  • Entrainment means the incorporation of all life stages of fish and shellfish with intake water flow entering and passing through a cooling water intake structure and into a cooling water system.


The new requirements apply to the location, design, construction, and capacity of cooling water intake structures at covered facilities, including:

  • Best Technology Available (BTA) to address impingement, which includes a national performance standard along with six alternatives that are equivalent to or better than the performance standard;
  • Site-specific determinations of BTA to mitigate entrainment, and
  • BTA standards for new units at existing facilities similar to the rules for new facilities found in 40 CFR 125, Subpart I.

The new rule for NPDES permits for cooling water intake structures will be effective 60 days after the date of publication in the Federal Register.

Training for Current and Future EHS Experts at Your Site

Feel confident that you’re up to date with the latest water, air, and chemical programs that affect your facility. Knowing your legal obligations under the EPA’s major regulations is critical—missing even one environmental mandate can lead to costly fines and penalties, releases, and future liability. The hands-on Complete Environmental Regulations Workshop is designed for both new and experienced EHS professionals. Interaction with other EHS professionals from your area and real-world exercises help you understand how these complex sets of laws and regulations apply to your facility—and how to make the right decisions for your business.