Post on 25-May-2015
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WHAT ARE MATERIALS OF TRADE, AND WHAT REGULATIONS APPLY?The Materials of Trade Exception allows for the transportation of certain hazardous materials (HazMat) not subject to the full Hazardous Material Regulations of the USDOT/PHMSA.
PRESENTED TO: The Plant and Facilities
Maintenance Association
Thanks for the opportunity!
PRESENTED BY:
Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com
A different kind of training.
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What are the regulatory agencies?What are the regulations?To what do the regulations apply?When do the regulations apply?What do the regulations require?
A LITTLE BACKGROUND
The Materials of Trade Exception
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The Regulatory Agency
• USDOT/PHMSA regulates the domestic transportation of hazardous materials (HazMat).• Highway• Rail• Air• Vessel
The Materials of Trade Exception
What are the Regulations?Hazardous Materials Transportation Act of
1975• Purpose:
• Strengthen & unify existing regulations.
• Increase inspection & enforcement.
Code of Federal Regulations
• Location of the Hazardous Materials Regulations (HMR):• Title 49 of the CFR.• Parts 171 – 180.
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To What Does the HMR Apply? (1.0)
• A hazardous material has been determined by USDOT to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce.
The Materials of Trade Exception
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To What Does the HMR Apply? (2.0)
The Materials of Trade Exception
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To What Does the HMR Apply? (3.0)
The Materials of Trade Exception
Hazardous Materialsaka: HazMat
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HazMat Packaging
Pre-Transportation Function
Loading Incidental to
Transportation
Storage Incidental to
Transportation
Transportation
When does the HMR Apply?
Unloading Incidental to
Transportation
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What Does the HMR Require?
1. Register as shipper of HazMat.
2. Identify & train HazMat Employees.
3. Classify the HazMat.
4. Select & close packaging.
5. Emergency Response Information.
6. Hazard communication:
A. Shipping papers.
B. Placards.
C. Hazmat labels
D. Markings.
7. HazMat securement & segregation.
8. HazMat security.
The Materials of Trade Exception
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Exceptions to the HMREmpty Packagings @ 49 CFR 173.29
Small Quantity by Highway & Rail @ 49 CFR 173.4
Excepted Quantity @ 49 CFR 173.4a
Limited Quantity @ 49 CFR 173.150-156 & §173.306
Consumer Commodity @ 49 CFR 173.150-155
Materials of Trade @ 49 CFR 173.6
Combustible Liquids @ 49 CFR 173.150(f)
Special Permits (aka: Exemptions)
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A Summary of the Materials of Trade Exception
• An exception to the HMR for…• Certain HazMat…• In small quantities…• Carried on a motor vehicle.
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Can’t be a hazardous waste
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The Definition of a Material of Trade• Material of trade means 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;
• (2) For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); 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 by motor vehicle.
The Materials of Trade Exception
§171.8
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Purpose of MOT Transportation (1.0)
• To protect health & safety of motor vehicle operator or passengers.• Fire extinguisher.• Bug spray.
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Purpose of MOT Transportation (2.0)
• Support the operation or maintenance of motor vehicle.
• Includes auxililary equipment• Gasoline• Battery
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Purpose of MOT Transportation (3.0)
• By a private motor carrier in direct support of a non-transportation business.
• “A private motor carrier is a carrier that transports the business’s own products and does not provide such transportation services to other businesses.”
• Includes vehicles operated by a rail carrier.
The Materials of Trade Exception
09-0232
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Of course, you can’t just transport any hazardous material in any quantity under the Materials of Trade Exception. You must ensure the Materials of Trade are transported in conformance with the regulations.
Materials of Trade are Limited to the Following:
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Limited by Hazard Classes & Division
Hazard Class 3, 8, & 9Hazard Division 4.1,
5.1, 5.2, 6.1
The Materials of Trade Exception
And: ORM-
D
§173.6(a)(1)
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Limited by Amount of HazMat
• Packing Group I:• 0.5 kg (1 lb) or 0.5 L (1 pint).
• Packing Group II, III, or ORM-D:• 30 kg (66 lb) or 30 L (8 gal).
The Materials of Trade Exception
§173.6(a)(1)(i,ii)
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Limits for Dilute (≤2%) Class 9
• 1,500 L (400 gal).
The Materials of Trade Exception
§173.6(a)(1)(iii)
3082
Meant for pesticide mixtures
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Division 2.1 and 2.2 OK, if:
• In a cylinder w/ gross weight ≤100 kg (220 lb).
Or…• In a Dewar flask per 49 CFR 173.320.
Or…• Non-liquefied Division 2.2 in permanently mounted tank to ASME code of ≤70 gal water capacity.
The Materials of Trade Exception
§173.6(a)(2)
More About Division 2.1 and 2.2
• Includes the weight of the cylinder.
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Division 4.3 OK, if:
• Packing Group II or III.
And…• Capacity of packaging ≤30 mL (1 oz).
The Materials of Trade Exception
§173.6(a)(3)
Division 6.2, if:
• Human or animal samples for research, diagnosis, disease treatment or prevention, etc.
• Biological product or regulated medical waste.
• Sharps• Not a Category A infectious substance.
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§173.6(a)(4)
Specific packaging requirements
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Limited Quantities
• Must carefully research…
The Materials of Trade Exception
§173.6(a)(6)
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A Material of Trade Cannot be:
• Self-reactive per §173.124.• Poisonous by inhalation per §173.133.• Hazardous waste per §171.8.
The Materials of Trade Exception
§173.6(a)(5)
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Some Common Materials of TradeClass or Division Common Name
Flammable Gas (Division 2.1) Acetylene, propane
Non-flammable Gas (Division 2.2) Oxygen, nitrogen
Flammable or Combustible Liquid (Class 3) Paint, paint thinner, gasoline
Flammable Solid (Division 4.1) Charcoal
Dangerous When Wet Material (Division 4.3) Some fumigants
Oxidizers (Division 5.1) Bleaching compounds
Organic Peroxides (Division 5.2) Benzoyl peroxide
Poisons (Division 6.2) Pesticides
Some Infectious Substances (Division 6.2) Diagnostic specimens
Corrosive Materials (Class 8) Muriatic acid, drain cleaners, battery acid
Miscellaneous Hazardous Materials (Class 9) Asbestos, self-inflating lifeboats
Consumer commodities (ORM-D) Hair spray, spray paints
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The packaging requirements for Materials of Trade are relatively simple.
Packaging for Materials of Trade
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Basic Packaging Requirements
• Leak tight for liquids & gases.
• Sift proof for solids.
Also:• Securely closed.• Secured against shifting.
And…• Protected against damage.
The Materials of Trade Exception
§173.6(b)(1)
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Keep in Original Packaging
• In manufacturer’s original packaging.
Or…• A packaging of equal or greater strength & integrity.
The Materials of Trade Exception
§173.6(b)(2)
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Outer Packagings
• Outer packagings not required for cans or bottles if secured against shifting in:• Cages• Carts• Bins• Boxes• Compartments
The Materials of Trade Exception
§173.6(b)(3)
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Packaging for Gasoline
• Packaging must be made of metal or plastic.
And…• Conform to:
• The packaging requirements of the HMR.
Or…• OSHA regulations:
• 29 CFR 1910.106(d)(2)• 29 CFR 1926.152(a)(1)
The Materials of Trade Exception
§173.6(b)(4)
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Packaging for Division 2.1 or 2.2 Cylinders
• Package as required by HMR.
• Outer packagings not required.
• Manifolding of cylinders OK if all valves tightly closed.
The Materials of Trade Exception
§173.6(b)(5)
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You must take basic measures to communicate the hazards of the Materials of Trade.
Hazard Communication for Materials of Trade
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Mark a Non-Bulk Packaging With:
• Common name or proper shipping name to identify the contents.
• The letters “RQ” if a Reportable Quantity of a Hazardous Substance.
The Materials of Trade Exception
§173.6(c)(1)
Gasoline
Copper Sulfate
This doesn’t include cylinders
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Mark a Bulk Packaging of Class 9:
• The 4-digit identification number on two opposing sides per §172.332(b,c)
The Materials of Trade Exception
§173.6(c)(2)
3082
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Mark a DOT Specification Cylinder
• Marked & labeled per HMR.
• DOT specification 39 cylinder must be marked per §178.65(i).
The Materials of Trade Exception
§173.6(c)(3)
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• Presence of Materials of Trade on vehicle.
• If a Reportable Quantity (RQ) of a Hazardous Substance is present.
• The requirements of MOT regulations.
Inform the Driver of the Following:
The Materials of Trade Exception
§173.6(c)(4)M
ater
ials
of
Trad
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Doesn’t require training
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Aggregate Gross Weight of MOT
• Except for diluted (≤2%) mixture of Class 9 Miscellaneous:• All Materials of Trade on a vehicle ≤200 kg (440 lb).
The Materials of Trade Exception
§173.6(d)
399 lb
“Gross weight” includes weight of packaging
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Other Exceptions
• Materials of Trade may be transported w/ other HazMat w/o affecting its eligibility for this exception.
The Materials of Trade Exception
§173.6(e)
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I provide:
Annual RCRA Training for Hazardous Waste Personnel.
And…
Triennial HazMat Employee Training.
Seminars, Onsite, Webinars…
Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com
ID & Management of Universal Waste
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