The Office of Hazardous Materials Safety

Through this page, the Office of Hazardous Materials Safety will provide pertinent news specific to the hazmat program, as well as program matters discussed by the Associate Administrator for Hazardous Materials Safety.

A notice will be provided under New Addition & Updates as new or updated information is posted.

Hazmat Discussion by the Associate Administrator for Hazardous Materials Safety

• Approvals - What are They and Why Don't They All Have The Same Format and Period of Validity?

• Exemptions - Is There A Knowledgeable Person In Charge?

• Your Exemption - Have You Read It?

• Is Training Critical To Your Business?

Other Hazmat News

• Input Requested on Intermodal Transport Tank Requirements

  The Department of Transportation (DOT), Research and Special Programs Administration, Office of Hazardous Materials Technology and the American Society of Mechanical Engineers, International (ASME) have established a committee to consider technical requirements for transport tanks used to carry hazardous materials. The committee of government and industry stakeholders is developing a new section of the ASME Code, which will include requirements for the construction and continued service of transport tanks used for the carriage of dangerous goods, as well as criteria for accreditation of manufacturers of these tanks. The initial phase of this effort focuses on requirements for portable tanks and ton tanks.

  Currently the Hazardous Materials Regulations (HMR) adopt certain provisions of various codes and standards, such as the ASME Boiler and Pressure Vessel Code, for the design of pressure vessels, and add pertinent specific modal requirements that apply to transport tanks. The proposed section of the ASME Code is intended to make the technical requirements for many transport tanks under DOT jurisdiction more consistent. It is anticipated that the documentation developed through this effort will be suitable for incorporation by reference within the HMR after public comment is received through the normal regulatory process.

  All questions and comments should be directed to Stanley Staniszewski, at 202-366-4545; fax number 202-366-3753 or e-mail at stanley.staniszewski@rspa.dot.gov..
  
  

• Safety Alert on Certain Sherwood TV 5861 Compressed Gas Cylinder Valves: (64K)
  • On June 7, 2000, Sherwood issued a safety alert that addresses three reports involving certain Sherwood TV 5861 valves in which the bonnet, upper stem and hand wheel assembly reportedly ejected from the valve body. Sherwood recommends customers quarantine compressed gas cylinders fitted with the affected valves.

    All questions and comments regarding this safety alert should be directed to Ron Kelsey, Safety and Environment Engineer, at 716-283-1010 ext 2129; fax number 716-433-1132 or e-mail at rkelsey@Harsco.com.

• Compliance Assistance Guide Revised Requirements for Unloading Liquefied Compressed Gases From Cargo Tank Motor vehicle (HM-225A)

• Fumigated Loads

Hazmat Discussion

WHAT ARE APPROVALS?

In several dozen sections of the Hazardous Materials Regulations (HMR), you will see references such as, "... approved by the Associate Administrator for Hazardous Materials Safety" to indicate a written approval is required to perform a particular function. An approval addresses an activity that is provided for by a regulation, but not in sufficient detail to ensure compliance with the intent of the regulation. Put simply, the approvals process has been used for more than 90 years as a means for affirmation of compliance with the intent of a regulation--often by inclusion of details regarding the conditions an applicant has provided to meet that intent. For example, the packagings for cigarette lighters must be approved. The intent is to examine the packaging to determine that forces that may be experienced during handling will not depress (open) their valves causing release of flammable gas. Once the examination is completed, a description of the packaging in sufficient detail to affirm it meets the intent of the rule is included in a request for an approval. Another example is explosives. There are test and examination (including chemical content) requirements for explosives that require the involvement of qualified experts. Upon completion of examination and tests, a report is submitted with a recommended classification. After review by our hazmat staff, either an approval is issued describing the explosive substance or device, a request for additional supporting information is made, or a denial is forwarded to the applicant.

WHY DON'T THEY ALL HAVE THE SAME FORMAT?

Some approval functions are limited in scope and are relatively easy to administer. The approval of lithium batteries and cells is an example. Other approvals cover complex processes which involve many variables that are unique to a particular set of circumstances. Approvals pertaining to the manufacture of DOT cylinders outside the United States is an example of the more complex types of approvals. These approvals require more detailed approval documents to adequately describe the function and properly limit the activity. Others are of a nature that they do not require modification over time. For example, unless there has been a rule change, the classification of an explosive device does not change as long as the device has not been modified. Other types of functions are so unique that an approval may be limited to a single trip or to a limited period of time. An example is the approval for the transportation of foreign made (charged) pressure vessels for the international space station.

PERIOD OF VALIDITY?

The question which is most commonly asked about approvals is "How can I tell if this approval is still valid?" Each approval has a section which denotes the regulatory authority on which the approval is based. Some approvals also have a section which provides the period of validity and conditions of approval. Therefore, the means to determine if an approval is valid is to:

• Look up the noted reference for the authority on which the approval is based. If the reference is no longer found in the HMR, the approval is no longer valid. The provision for classification of explosives under §173.86 (The former A, B and C explosives classifications) is an example.

• Read the approval to determine if a specific period of validity is listed. Some approvals may be limited to a specific time while others remain valid so long as the conditions under which they were issued remain unchanged. The holder of the approval is responsible for assuring that the circumstances which were conditional to the approval are unchanged.

We are often amazed about the casual manner in which some entities deal with matters covered by exemptions, and the manner in which they apply for new exemptions or for party status to exemptions held by others. We often wonder if the lack of knowledge displayed by the person submitting an application for an exemption is indicative of the level of knowledge (training) of the persons who will be conducting functions to be covered by an exemption. Some examples:

• Applications that contain substantial errors in regard to the regulations they are addressing, including incorrect section references, statements about regulations that are no longer in effect, and misstatements regarding the applicability of the regulations they are addressing.

• Incomplete applications that do not contain the relevant information called for in 49 CFR 107.105 (c), including applications for renewals certifying nothing has changed since the original applications when there have been changes in the activities covered.

• Applications for new exemptions that do not identify the persons who will conduct the functions to be covered. An organization representing unidentified persons is not a person that may be issued an exemption, unless the organization itself will be the entity (as a principal or agent thereof) conducting the function.

Over the years, we have encouraged careful attention to the terms and conditions specified in exemptions. For example, the following is quoted from our February 1978 newsletter.

“READ YOUR EXEMPTION CAREFULLY AND COMPLETELY

In several recent instances, exemption holders were found to be performing operations they thought were covered by exemptions issued pursuant to 49 CFR Part 107 when such operations were not authorized. Exemption holders, and persons performing functions under Section 173.22a, should study their exemptions carefully and make sure all of the terms and conditions are understood and followed by their personnel.

When an exemption is granted, it should not be assumed that it has been granted in the exact manner or to the extent requested in the application. If any exemption holder has a doubt concerning the terms of his exemption, he should request its clarification, especially when he is submitting an application for renewal under Section 107.105 [now 109].”

Except for the gender and paragraph reference, there is not much to say differently than we said more than twenty years ago.

More than one-third of the Department's enforcement actions pertaining to violations of the hazardous materials transportation regulations involve the failure of hazmat employers to provide training or maintain test records. In most cases violations are attributed to failure to provide function specific training. For example, an investigator questions incorrect entries on a shipping paper prepared by a hazmat employee who responds that he was not instructed, nor tested, by his hazmat employer regarding the preparation of shipping papers.

Some hazmat employers rely on persons who hold themselves out to provide training without checking their qualifications and references. We have heard of so-called hazmat training entities who claim the quickest (least time consuming) and lowest price training programs that include tests and certificates of completion. I suggest that when you see or hear such a claim, you closely check the credibility of their claims. Elsewhere in this Web, we list a number of organizations and businesses who provide hazmat training. Most are excellent sources of training, but we cannot attest that all who avail themselves of the opportunity to be listed are providing training that would result in compliance with the hazmat training regulations.

One question you should ask is whether the training provided is of the general awareness type or function specific to the kind of activities conducted by your company. In addition, you should determine if the safety training is appropriate to your business activity. For example, the safety training provided a driver who unloads cargo tanks may be quite different from the safety training given transportation workers who handle infectious medical wastes.

I strongly recommend you consider hazmat training as a critical element to the future of your business and not as something that management, including senior management, will look into during an enforcement proceeding or after an accident. When training becomes an issue after an accident, a DOT penalty action may not be most significant when compared to the outcome of a civil proceeding to determine the extent of liability or punitive damages.

Other Hazmat News

BACKGROUND

New regulations HM-225A in effect July 1, 1999, impose new requirements on operators of cargo tanks used to transport liquefied compressed gases and new procedures for unloading liquefied compressed gases from cargo tanks. The new regulations will help prevent unintentional releases during unloading of liquefied compressed gases, assure prompt identification of unintentional releases, and reduce the consequences of unintentional releases. Specific provisions include:

• New inspection, maintenance, and testing requirements for cargo tank discharge systems.
  
  
• Revised unloading requirements for liquefied compressed gases, including revised attendance requirements.
  
  
• New requirements for emergency discharge control equipment, such as passive systems that will shut down unloading without human intervention and remote control devices that enable an attendant to stop the unloading process at a distance from the vehicle.
  
  

METERED DELIVERY SERVICE

The regulations define a new term - "metered delivery service" - to take account of the differences in the design and configuration of cargo tank motor vehicles used to deliver different types of liquefied compressed gases. "Metered delivery service" means an unloading operation conducted at a metered flow rate of 100 gallons per minute or less through an attached delivery hose with a nominal inside diameter of 1.25 inches or less. The regulations for unloading liquefied compressed gases in metered delivery service differ in some respects from those for unloading liquefied compressed gases in other than metered delivery service.

Links to:

• NEW UNLOADING PROCEDURES
  
• ATTENDANCE REQUIREMENTS
  
• NEW DISCHARGE SYSTEM INSPECTION, MAINTENANCE AND TESTING REQUIREMENTS
  
• REJECTION CRITERIA
  
• EMERGENCY DISCHARGE CONTROL EQUIPMENT
  
• COMPLIANCE DATES FOR NEW EMERGENCY DISCHARGE CONTROL EQUIPMENT
  
• CERTIFICATION OF NEW EMERGENCY DISCHARGE CONTROL EQUIPMENT
  
• ADDITIONAL EMERGENCY DISCHARGE CONTROL EQUIPMENT
  

NEW UNLOADING PROCEDURES

If you are unloading liquefied compressed gas from a cargo tank, you must comply with the following procedures:

• Prior to unloading, you must check the cargo tank discharge system, including the delivery hose assembly and piping, to assure that it is of sound quality, without obvious defects, and that connections are secure. This check must be done after the pressure in the discharge system has reached equilibrium with the pressure in the cargo tank.
  
  
• After unloading, you must visually examine for defects that portion of the hose and hose assembly that was deployed for the delivery.
  

ATTENDANCE REQUIREMENTS

• If you are unloading liquefied compressed gas, other than liquefied petroleum gas (LPG) or anhydrous ammonia, from a cargo tank, you must remain within 25 feet of the cargo tank, and you must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable during the unloading operation.
  
  
• If you are unloading LPG or anhydrous ammonia from a cargo tank in metered delivery service, and the cargo tank has a capacity of 3,500 water gallons or less, you must remain within 150 feet of the cargo tank and within 25 feet of the delivery hose during the unloading operation. You must also observe both the cargo tank and the receiving container at least once every five minutes.
  
  
• If you are unloading LPG or anhydrous ammonia from a cargo tank in metered delivery service, and the cargo tank has a capacity greater than 3,500 water gallons, you must remain within 150 of the cargo tank and within 25 feet of the delivery hose during the unloading operation. You must also have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable. If your view of the cargo tank and delivery hose is obstructed, the cargo tank must be equipped with an emergency discharge control system that operates without human intervention or an off-truck remote control system with a query feature that will automatically shut down unloading unless prompted every five minutes.
  
  
• If you are unloading LPG or anhydrous ammonia from a cargo tank in other than metered delivery service, you must remain within 25 feet of the cargo tank, and you must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable during the unloading operation.
  
  

NEW DISCHARGE SYSTEM INSPECTION, MAINTENANCE AND TESTING REQUIREMENTS

If you operate a cargo tank in liquefied compressed gas service, you must perform the following new discharge system inspections and tests each month the cargo tank is in service:

• You must visually inspect each delivery hose and delivery hose assembly.
  
  
• You must visually inspect each cargo tank's piping system, including fusible elements, bolts, connections, valves, and seals.
  
  
• You must test all emergency discharge control devices designed to close the internal self-closing stop valve to assure that all linkages to the valve operate as intended.
  
  
• You must check the internal self-closing stop valve for leakage.
  
  

Beginning July 1, 2000, if you operate a cargo tank in liquefied compressed gas service, you must perform the following inspection each year the cargo tank is in service:

• A Registered Inspector must visually inspect the delivery hose, delivery hose assembly, and piping system while the system is under leakage test pressure.
  
  

REJECTION CRITERIA

You must not unload liquefied compressed gas from a cargo tank if the delivery hose or delivery hose assembly has any of these defects:

• Damage to the hose cover that exposes the reinforcement.
• Wire braid reinforcement that has been kinked or flattened so as to permanently deform the wire braid.
• Soft spots when the hose is not under pressure or bulging when the hose is under pressure.
• Loose outer covering.
• Damaged, slipping, or excessively worn hose couplings.
• Loose or missing bolts or fastenings on bolted hose coupling assemblies.

You must not unload liquefied compressed gas from a cargo tank if the piping system has any of these defects:

• Any external leak identifiable without the use of instruments.
• Bolts that are loose, missing, or severely corroded.
• Manual stop valves that will not actuate.
• Rubber hose flexible connectors with any condition outlined above for hose assemblies.
• Stainless steel flexible connectors with damaged reinforcement braid.
• Internal self-closing stop valves that fail to close or that permit leakage through the valve detectable without the use of instruments.
• Pipes or joints that are severely corroded.

EMERGENCY DISCHARGE CONTROL EQUIPMENT

The new requirements for emergency discharge control equipment on cargo tanks used to transport liquefied compressed gases are keyed to the degree of risk associated with the transportation of specific liquefied compressed gases. The regulation specifies two types of emergency discharge control equipment -

• Passive Shut-down Equipment
  Passive shut-down equipment must shut off the flow of product without human intervention within 20 seconds of an unintentional release caused by complete separation of a delivery hose.
  
  
• Off-truck Remote Control Shut-down Equipment
  Off-truck remote control shut-down equipment must close the internal self-closing stop valve and shut off the engine and auxiliary power upon activation by the person attending the unloading operation.
  
  

Each MC 330, MC 331, and non-specification cargo tank transporting liquefied compressed gases must have emergency discharge control equipment as specified in the following chart:

Material		Cargo Tank Capacity	Delivery Service	New Required Emergency Discharge Control Equipment
1	Compressed gases (Division 2.2 materials) with no subsidiary hazard, excluding anhydrous ammonia	All	All	None
2	Poison gases (Division 2.3 materials)	All	All	Passive shut-down equipment
3	Compressed gases (Division 2.2 materials) with a subsidiary hazard, flammable gases (Division 2.1 materials), and anhydrous ammonia	All	Other than metered delivery service	Passive shut-down equipment
4	Compressed gases (Division 2.2 materials) with a subsidiary hazard, flammable gases (Division 2.1 materials), and anhydrous ammonia	3,500 water gallons or less	Metered delivery service	Off-truck remote shut-down equipment
5	Compressed gases (Division 2.2 materials) with a subsidiary hazard, flammable gases (Division 2.1 materials), and anhydrous ammonia	Greater than 3,500 water gallons	Metered delivery service	Off-truck remote shut-down equipment and, for obstructed view deliveries where permitted by the regulations, an off-truck remote with a query feature or passive shut-down capability

COMPLIANCE DATES FOR NEW EMERGENCY DISCHARGE CONTROL EQUIPMENT

The new regulations allow a two-year period for development and testing of emergency discharge control technology.

• After July 1, 2001, newly manufactured MC 331 cargo tank motor vehicles must be equipped with emergency discharge control equipment as specified in the chart.
  
  
• MC 330, MC 331, and non-specification cargo tank motor vehicles that are already in service must be retrofitted with required emergency discharge control equipment at their first scheduled pressure test after July 1, 2001. All required retrofits must be complete by July 1, 2006.
  
  
• MC 330, MC 331, and non-specification cargo tank motor vehicles in metered delivery service with water capacities greater than 3,500 gallons and used to transport flammable gases (Division 2.1 materials), compressed gases (Division 2.2 materials) with a subsidiary hazard, and anhydrous ammonia must be retrofitted with required emergency discharge control equipment at their first scheduled pressure test after July 1, 2001, or by July 1, 2003, whichever comes first.
  
  

CERTIFICATION OF NEW EMERGENCY DISCHARGE CONTROL EQUIPMENT

The new regulations include specific requirements for certifying the design and installation of emergency discharge control equipment.

• Passive Shut-down Equipment
  The design for each passive shut-down system must be certified by a Design Certifying Engineer (DCE). The certification must consider any manufacturing specifications for components used in the system, explain how the system operates, and outline the parameters (such as temperature, pressure, types of product) within which the system is designed to operate. Installation must be performed under the supervision of a Registered Inspector who must certify that the equipment is installed and tested according to the DCE's certification.
  
  
• Off-truck Remote Control Shut-down Equipment Off-truck remote control shut-down equipment must be installed under the supervision of a Registered Inspector, who must certify that the equipment is installed according to the original component manufacturer's specifications.

ADDITIONAL EMERGENCY DISCHARGE CONTROL EQUIPMENT

After July 1, 1999, all newly manufactured MC 331 cargo tanks used to transport liquefied compressed gases must be equipped with a thermal means of closure for each internal self-closing stop valve that will activate at a temperature of 250 F. All MC 330, MC 331, and non-specification cargo tanks already in service must be retrofitted at the date of their first scheduled leakage test after July 1, 1999.

New requirements for fumigated loads go into effect October 1, 1998. Previous fumigation requirements applied only to rail transportation and set forth different provisions depending on the type of fumigant used. The new requirements apply to all modes of transport and use the same marking (sign) on a fumigated transport unit or freight container as required by international regulations. RSPA has kept the rule uncomplicated by applying it to fumigation "with any material", rather than listing all known fumigants, setting forth defining criteria for unlisted fumigants and specifying concentration thresholds. This less complicated approach should benefit all involved -- shippers, carriers, and law enforcement agencies -- i.e., if the unit has been fumigated with any material, or is undergoing fumigation, it is subject to the regulation.

RSPA was aware that a large number of carriers not otherwise subject to the Hazardous Materials Regulations would become subject to them because they transport fumigated loads. To make regulatory compliance simple, all requirements for fumigated loads are specified in a single regulation. Therefore, if a carrier does not otherwise transport any regulated hazardous material, the carrier is only subject to the requirements of 49 CFR, Section 173.9. The rule is presented below and the complete final rule published under Docket HM-206 can be obtained here.

A guidance brochure has been developed to aid in complying with the fumigation marking requirements of Docket HM-206. These brochures can be found on our OHM Publications & Reports page.

(a) For the purpose of this section, not including 49 CFR part 387, a rail car, freight container, truck body, or trailer in which the lading has been fumigated with any material, or is undergoing fumigation, is a package containing a hazardous material, unless the transport vehicle or freight container has been sufficiently aerated so that it does not pose an unreasonable risk to health and safety.

(b) No person may offer for transportation or transport a rail car, freight container, truck body, or trailer in which the lading has been fumigated or treated with any material, or is undergoing fumigation, unless the FUMIGANT marking specified in paragraph (c) of this section is prominently displayed so that it can be seen by any person attempting to enter the interior of the transport vehicle or freight container. For domestic transportation, a hazard warning label authorized by EPA under 40 CFR part 156 may be used as an alternative to the FUMIGANT marking.

(c) FUMIGANT marking.

(1) The FUMIGANT marking must consist of red letters on a white background that is at least 30 cm (11.8 inches) wide and at least 25 cm (9.8 inches) high. Except for size and color, the FUMIGANT marking must be as follows:

(2) The "*" shall be replaced with the technical name of the fumigant.

(d) No person may affix or display on a rail car, freight container, truck body, or trailer (a package) the FUMIGANT marking specified in paragraph (c) of this section, unless the lading has been fumigated or is undergoing fumigation.

(e) The FUMIGANT marking required by paragraph (b) of this section must remain on the rail car, freight container, truck body, or trailer until:

(1) The fumigated lading is unloaded; and

(2) The transport vehicle or freight container has undergone sufficient aeration to assure that it does not pose an unreasonable risk to health and safety.

(f) For international shipments, transport documents must indicate the date of fumigation, type and amount of fumigant used, and instructions for disposal of any residual fumigant, including fumigation devices.

(g) Any person subject to the requirements of this section, solely due to the fumigated lading, must be informed of the requirements of this section and the safety precautions necessary to protect themselves and others in the event of an incident or accident involving the fumigated lading.

(h) Any person who offers for transportation or transports a rail car, freight container, truck body or trailer that is subject to this subchapter solely because of the hazardous materials designation specified in paragraph (a) of this section is not subject to any other requirements of this subchapter.