49 CFR 173.6 - The Materials of Trade Exception to the Hazardous Materials Regulations of the USDOT/PHMSa

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

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

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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


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.

The Materials of Trade Exception @DanielsTraining 6

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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.


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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.


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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)

12The Materials of Trade Exception

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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.


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.


§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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• Support the operation or maintenance of motor vehicle.

• Includes auxililary equipment• Gasoline• Battery


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• 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.


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


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).


§173.6(a)(1)(i,ii)

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Limits for Dilute (≤2%) Class 9

• 1,500 L (400 gal).


§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.


§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).


§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.


§173.6(a)(4)

Specific packaging requirements

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Limited Quantities

• Must carefully research…


§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.


§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.


§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.


§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


§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)


§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.


§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.


§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)


§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).


§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:


§173.6(c)(4)M

ater

ials

of

Trad

e

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).


§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.


§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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49 CFR 173.6 - The Materials of Trade Exception to the Hazardous Materials Regulations of the USDOT/PHMSa