HHW and VSQG Annual Update- DOT Hazardous Materials Compliance MPCA 2017 Household Hazardous Waste/Very Small Quantity Generator Training

Transportation in Commerce Movement of HHW to collection site is not regulated by HMR (173.12(g)) Movement by VSQG to collection site is regulated Shipping or offering waste from HHW/VSQG consolidation site to commercial transporter is fully regulated by HMR Mn/DOT truck & driver moving VSQG waste to Mn/DOT collection facility not covered by HMR.

Offering the Shipment Collection Site to Commercial Transporter USDOT hazardous materials regulations apply to shippers/offerors (including government agencies) who offer hazmat for transportation in commerce Commercial carrier may not accept the hazmat unless it is packaged and documented as required in the HMR

Remember the Basics USDOT Regulated Activities Classify the material: Hazard class, subsidiary hazards, packing group, haz substance, haz waste Create the Shipping Paper: Basic Description and Other DOT required information Select correct packaging: Packagings must be “authorized” by the HMR Prepare the packages: Properly filled, closed, in condition for transport

Remember the Basics USDOT Regulated Activities Mark the package: PSN, ID #, and other required information for some materials Label the package: Column 6 on HMT Offer the load: Containers loaded, blocked, braced, & segregated Placard: Offering the required placards to the commercial carrier

(i) 0.5 kg (1 pound) or 0.5 L (1 pint) for a Packing Group I material; Materials of Trade 49 CFR 171.8, 173.6, 392.51 Materials and amounts. A material of trade is limited to the following: (1) A Class 3, 8, 9, Division 4.1, 5.1, 5.2, 6.1, or ORM-D material contained in a packaging having a gross mass or capacity not over— (i) 0.5 kg (1 pound) or 0.5 L (1 pint) for a Packing Group I material; (ii) 30 kg (66 pounds) or 30 L (8 gallons) for a Packing Group II, Packing Group III, or ORM-D material; (iii) 1500 L (400 gallons) for a diluted mixture, not to exceed 2 percent concentration, of a Class 9 material. (2) A Division 2.1 or 2.2 material in a cylinder with a gross weight not over 100 kg (220 pounds), in a Dewar flask meeting the requirements of §173.320, or a permanently mounted tank manufactured to the ASME Code of not more than 70 gallon water capacity for a non-liquefied Division 2.2 material with no subsidiary hazard. (3) A Division 4.3 material in Packing Group II or III contained in a packaging having a gross capacity not exceeding 30 mL (1 ounce).

(4) A Division 6.2 material, other than a Category A infectious… Materials of Trade 49 CFR 171.8, 173.6, 392.51 (4) A Division 6.2 material, other than a Category A infectious… (5) This section does not apply to a hazardous material that is self-reactive (see §173.124), poisonous by inhalation (see §173.133), or a hazardous waste. (6) A limited quantity package prepared in accordance with §173.63(b), §173.150, §173.151(b) and (c), §173.152, §173.153, §173.154, §173.155, §173.161, §173.165, §173.167, §173.306(i), or §173.309(d) of this subchapter. Division 4.3 substances must be prepared in accordance with paragraph (a)(3) of this section. Class 7 (radioactive) substances, instruments and articles are not authorized under the provisions of this section.

2017 Annual Update: HMR Changes for MN HHW and VSQG Programs-

HM-215L Harmonization with International Standards Amended HMR by incorporating various amendments including; changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations. Mandatory Compliance date (with certain exceptions): 1/1/16. For minimum size requirements for ID number markings under 172.301(a) domestic shipments: 1/1/2017 (except for packagings permanently marked thru embossing or heat stamp prior to 1/1/2017, then it’s allowed to stay for the life of the packaging.)

HM-215M Harmonization with International Standards Amended HMR by incorporating various amendments. Mandatory Compliance date: 1/1/2016, except that for domestic transportation, a non-bulk packaging or overpack marked prior to 1/1/17 and in conformance with the requirements in effect on 12/31/14, may continue in service until the end of its useful life.

HM-218H: Miscellaneous Amendments Removes packing group (PG) II designation for certain organic peroxides, self-reactive substances, and explosives. Provides requirements to allow for shipments of damaged wet cell batteries (adds new para. (k) to 173.159.) Revises the requirements for packaging nitric acid. Revises requirements for shipments of black or smokeless powder for small arms. Effective date 7/5/16

HM-253 “Reverse Logistics” Final Rule Amended HMR by including a definition of reverse logistics, and also provides requirements and exceptions for materials that fall within the scope of the definition. Published/Effective date: 3/31/2016.

remember: ORM-D exception is being removed from HMR 172.200(b)(3) – Shipping paper applicability 173.115-140 - Hazard class definitions 173.144 – Definition of ORM Permissive 01/01/2011 Effective 01/01/2020 (changed from 2014) for highway transportation 01/01/2013 for all other modes

Note exceptions for limited quantity packages and consumer commodities in 172.301 (a)

Limited quantity packages marked with this device, with full ID number and prefix, excepted from proper shipping name mark. LTD QTY mark being replaced with new mark as shown in following slides.

172.315 New Limited Quantity Marking Package containing LTD QTY does NOT need to be marked with PSN and ID# if marked with these new limited quantity white square on point marking. Technical names, RQ, etc still required in association with the marking, if by air. ORM-D markings can be used until 12/31/2020 for highway Air - but can be used by other modes.

HM233-F Adoption of Special Permits Adopts provisions contained in certain widely-used or long-standing Special Permits that have an established safety record. Published: 1/21/16. Effective dates: 2/22/16 and 1/23/17.

OSHA Guidance for Complying with Globally Harmonized System of Classification and Labeling of Chemicals (GHS) On 9/19/16 USDOT and OSHA issued a joint guidance memo clarifying the applicability of their respective requirements for labeling hazardous chemicals.

2016 Emergency Response Guidebook (ERG) Changes included: The “How to use this Guidebook” instructions are now in a flow chart. Many sections have been revised. A number of new sections have been added: Table of Contents; Local ER numbers (to be filled in by user;) GHS classification and labeling of chemicals. Added new HM entries based on UN updates. Revisions to yellow, green, and blue pages.

Other Rulemakings EPA 2050-AG70 Hazardous waste Generator Improvements. Renaming Conditionally Exempt Small Quantity Generators (CESQGs) to Very Small Quantity Generators (VSQGs.) etc.

Questions?

??????????? USDOT HazMat Hotline (800) 467-4922 Or http://hazmat.dot.gov

Check Out Our Web-Based HazMat Training!! www.dot.state.mn.us/cvo/hazmatElearning/

Office of Freight and Commercial Vehicle Operations Jim Fox Hazardous Materials Specialist 3485 Hadley Ave. Oakdale, MN 55155 (651) 366-4348 jim.fox@dot.state.mn.us