TRANSPORTATION REGULATIONS AMIA 2005, Austin NITRATE FILM TRANSPORTATION REGULATIONS Rosa Gaiarsa Collection Services Manager UCLA Film & Television Archive

First transportation guidelines First version of Recommendations on the Transport of Dangerous Goods, RTDG, published in 1956 by the UN United Nations Economic and Social Council’s Committee of Experts on the Transport of Dangerous Goods http://www.unece.org/trans/danger/publi/unrec/rev14/14files_e.html

UN Recommendations (RTDG) The document is regularly amended to align with new technologies and changing needs of users The document itself has no legal force except when adopted in agreements and/or domestic legislation

US - Regulatory history 1975 – Transportation Safety Act Established the National Transportation Safety Board as an independent agency and authorized the Secretary to…regulate the transportation of all hazardous materials, and to impose both civil and criminal penalties for violations of those regulations

US - Regulatory evolution 1977 – Transportation Safety Institute and other agencies are consolidated into the Research and Special Programs Administration, RSPA 2004 – RSPA reorganized into Pipeline and Hazardous Materials Safety Administration, PHMSA http://hazmat.dot.gov/

US - Regulatory Code All modes of transportation of dangerous goods are regulated by the Department of Transportation’s Code of Federal Regulations, CFR49 Code is very much aligned with UN recommendations. MODES of transportation: http://www.myregs.com/dotrspa

Four Modal Regulations Highway Rail Water Air Highway and rail modes are regulated by domestic legislation and usually included in trade agreements with neighboring countries. Examples: US / Canada / Mexico or European Community. Water and air are truly international. Water IMDG: International Maritime Dangerous Goods.

International regulations - Air ICAO: International Civil Aviation Organization’s Standards and Recommended Practices – Technical Instructions for the Safe Transport of Dangerous Goods by Air http://www.icao.int IATA: International Air Transport Association’s Dangerous Goods Regulations (more restrictive than ICAO – updated annually) http://www.iata.org Shippers may see two specific requirements. ICAO is an Organization of the United Nations: no legal force, but adopted by nation members IATA is an Association of Commercial Airline carriers, both passenger and cargo // What are CFR49, ICAO and IATA requirements?

Basic shipment requirements Classification Identification Packaging Marking and labeling Documentation Training Where do you get the classification information? From a Hazardous material table

Classification – UN criteria Class 1 – Explosives Class 2 – Gases Class 3 – Flammable liquids Class 4 – Flammable solids Class 5 – Oxidizing Substances Class 6 – Toxic and infectious substances Class 7 – Radioactive material Class 8 – Corrosives Class 9 – Miscellaneous DG

Class 4 subdivision 4.1 Flammable solids 4.2 Substances liable to spontaneous combustion 4.3 Substances which, in contact with water, emit flammable gases (dangerous when wet)

Identification / Packing group Proper shipping name Films, nitrocellulose base UN / ID UN1324 Packing group Group I (X): high danger Group II (Y): medium danger (IATA) Group III (Z): low danger (CFR) Packing group: UN recommends that packages manufactured to contain dangerous goods follow certain specifications and that performance tests confirm that these specifications are met. After testing the packages are marked with a system of codes.

UN certified outer package Example: Fiberboard box UN 4G Buyers beware: request copy of test report from manufacturer and/or supplier of packaging materials

Packaging types Inner package: film can or box Outer package: list of fourteen containers that are tested and certified by UN specifications Overpack: to bundle outer packages for shipment Single packagings are not permitted.

Packing instructions IATA Y400 Limited quantities: 1 kg per inner package 10 kg (22 lbs) net weight 400 Passenger and cargo aircraft: 25 kg (55 lbs) Cargo aircraft only: 100 kg (220 lbs) Weight in kg.

Marking and labeling Shipment label: shipper and consignee info Hazard label Proper shipping name UN/ID number Multiple packages ID mark on overpack Net quantity info in kg Overpack notice Air eligibility label Labels should be applied with same orientation, all on same side of package.

Placarding – CFR49 Vehicles transporting more than 1001 lbs (454 kg) of nitrate film have to be placarded It’s the responsibility of the shipper to provide the proper placards to the carrier If you offer for shipment an amount of nitrate film that requires placarding, registration with the DOT is required 1001 lbs +/- 100 x 2,000ft or 200 x 1,000ft cans of nitrate film. Placard is 10.5 x 10.5 inches.

Documentation Shipper’s Declaration of Dangerous Goods Two copies required by law, but some carriers require three copies Papers have to be retained for 375 days after the material is accepted by the initial carrier

Emergency telephone number A person who offers a hazardous material for transportation must provide an emergency response telephone number, including the area code or international access code, for use in the event of an emergency involving the hazardous material

Emergency phone / requirements Person must be knowledgeable of the hazardous material being shipped Person must have comprehensive emergency response and incident mitigation information for the material Phone must be monitored at all times, 24/7 Answering service, answering machine, or beeper devices are not accepted

Emergency phone / options The telephone number must be the number of the person offering the hazardous material for transportation or The number of an agency or organization capable and responsible for providing detailed information concerning the hazardous material

Emergency phone / service providers US Chemtrec Chem-tel Infotrac 3E Company Canada Canutec http://hazmat.dot.gov/pubs/erg/erg2004.pdf

Hazmat Training Employer is responsible for compliance with training requirements Training may be provided by the employer or other public or private sources Employee has to be trained within 90 days of employment Employee has to be re-trained every 24 months (IATA)

Training content General awareness Function-specific training Safety training Awareness training of transportation security risk (CFR, added in 2003) In-depth training of security plan (CFR, added in 2003)

Testing and documentation After training, Hazmat employee has to be tested and provided with a certificate of training completion Training records have to be kept and made available to enforcement agents upon demand http://hazmat.dot.gov/training/training.htm

CFR49 / Materials of trade exception Material of trade means a hazardous material other than hazardous waste that is… -- carried by a private motor carrier in direct support of a principal business (that is not transportation)

Materials of trade regulations Less restrictive packaging Less restrictive marking and labeling Limit of 30 kg (66 lbs) per package Aggregate gross weight may not exceed 200 kg (440 lbs)

Better safe than sorry Any violation of a requirement of the Federal hazardous material transportation law is liable for a civil penalty of not more than $32,500 and not less than $275 for each violation Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more

NITRATE FILM DISPOSAL REGULATIONS AMIA 2005, Austin Rosa Gaiarsa Collection Services Manager UCLA Film & Television Archive

US - Regulatory history 1965 – Solid Waste Disposal Act was signed 1970 – Environmental Protection Agency was created 1976 – Resource Conservation and Recovery Act was signed http://www.epa.gov/epaoswer/general/k02027.pdf

US – Regulatory code 1980: RCRA published the Hazardous Waste and Consolidated Permit Regulations Tracking and permitting to monitor and control hazardous waste Strict requirements for storage, treatment and disposal of hazardous waste Authorized States to implement RCRA’s waste management program

Regulatory amendment 1984 - Hazardous and Solid Waste Amendments Regulated businesses that generated even small amounts of hazardous waste http://www.epa.gov/epaoswer/general/orientat/romtoc.pdf

Hazardous Waste identification Listed Characteristics Ignitable Corrosive Reactive Toxic

Waste generator classifications Large quantity generator (LQG) 1000 kg (2200 lbs) or more of hazardous waste per month Small quantity generator (SQG) More than 100 kg (220 lbs) but less than 1000 kg per month Conditionally exempt small quantity generator (CESQG) Less than 100 kg (+/- 45x1000ft cans) per month

State regulations* State regulations may be more strict than Federal requirements Some States require CESQGs to follow some of the SQGs requirements * Generators need to contact their respective state agency to determine if state regulation differs from federal requirements

Requirements for SQGs Obtain an EPA identification number from your State Environmental Office Comply with accumulation and storage requirements Comply with requirements for training, contingency planning and emergency response Prepare the waste for shipment (packaging, labeling, marking, placarding) Comply with the manifest system Meet record keeping and reporting requirements

Accumulation and storage requirements CESQGs cannot accumulate more than 1,000 kg (2200 lbs = +/- 450 x 1000ft cans) of hazardous waste on site at any time SQGs can accumulate no more than 6,000 kg (13,228 lbs) on site for up to 180 days without a permit http://www.epa.gov/epaoswer/hazwaste/sqg/handbook/k01005.pdf

Preparation for shipment – 49CFR Proper shipping name: Nitrocellulose with water (with no less than 25% water, by mass) UN/ID: UN 2555 Hazard label: 4.1 Packing group: II Packing instructions: Limited quantities: 173.151 Non-bulk: 173.212

Selecting Transporter and TSDF (Treatment, Storage and Disposal Facility) Your institution’s Hazmat Office Local references Trade associations Better Business Bureau City, County or State Hazmat Management Agency Regional EPA Office

Manifest* Required by EPA and DOT Multiple copies as tracking tool from generator to transporter to disposal facility Records retained for three years * new form to be adopted in 2006

Enforcement EPA can use administrative, civil, or criminal enforcement actions to address RCRA violations Penalty amounts are case specific Penalty is calculated on base amount and a multi-day component EPA may reduce or waive penalties for violations that are promptly disclosed and corrected

EPA contact information Links to State web pages and EPA regional web pages http://www.epa.gov/epaoswer/osw/comments.htm