Performance Packaging Program Update

Transcription

1 Performance Packaging Program Update Plastic Shipping Container Institute Anthony Lima National Packaging Program Manager Office of Hazardous Materials Field Operations April 22,

2 Overview Final Rule HM-219 Resin Equivalency Status Third Party Laboratories Validation Testing Update Research Testing Program PackSys Database Development - 2 -

3 HM-219 Final Rulemaking HM-219 Final Rule Published March 7, 2013 Addressed Misc. Petitions for Rulemaking 3 Packaging Manufacturing/Testing Issues - Symbol Ownership Rights Record Retention for Pkg Testers Incorporation by Reference of ASTM D

4 HM-219 Final Rulemaking Issue One Symbol Ownership Rights - 4 -

5 HM-219 Final Rulemaking Symbol Ownership Rights Does a TPL customer own the mark issued by their lab (+DDXXXX)? Is use of the symbol authorized if the customer changes labs for periodic retesting? Is the customer obligated to ask permission? Can the lab deny continued use of the symbol? - 5 -

6 HM-219 Final Rulemaking Symbol Ownership Rights Interpretation has always been that the customer owns the symbol issued by lab. Petitioner (a third party lab) requested that PHMSA consider amending HMR to prohibit symbol use w/o permission of the lab. Petitioner was concerned about liability for defective packaging when symbol was marked on packaging retested elsewhere

7 HM-219 Final Rulemaking Symbol Ownership Rights PHMSA has revised Section Unless authorized in writing by the holder of the symbol, symbols must represent either the packaging manufacturer or the approval agency responsible for providing the most recent certification - 7 -

8 HM-219 Final Rulemaking Issue Two Record Retention for Package Testers - 8 -

9 HM-219 Final Rulemaking Record Retention for Package Testers Prior to rulemaking, the HMR required the manufacturer and tester to maintain reports while in production and 2 years thereafter. Petitioner argued that if a customer does not return, the lab has to maintain reports indefinitely. Petitioner argued that since the manufacturer retained reports, duplicative effort for labs

10 HM-219 Final Rulemaking Record Retention for Package Testers PHMSA has Revised Non-Bulk, IBC and Large Packaging Record Retention Requirements in Sections , and Design Qualification Tester until next periodic retest and 5 years thereafter Periodic Retester until next periodic retest Manufacturer as long as produced and for 2 years thereafter (no change)

11 HM-219 Final Rulemaking Issue Three Incorporation of ASTM D

12 HM-219 Final Rulemaking Incorporation by Reference of ASTM D4976 RIBCA and PDI requested incorporation of ASTM D4976, Standard Specifications for Polyethylene Plastics Molding and Extrusion Materials. RIBCA and PDI also proposed that setting a standard would provide a range of material properties that would eliminate the need to conduct design qualification testing for each new or different UN-rated design

13 HM-219 Final Rulemaking Incorporation by Reference of ASTM D4976 PHMSA proposed ASTM inclusion in NPRM, but requested data to support that packaging would pass performance testing throughout the spectrum of melt-index and density. RIBCA/PDI did not provide requested data. DGAC indicated their support for inclusion of the ASTM standard, but not a policy shift on equivalency for resins

14 HM-219 Final Rulemaking Incorporation by Reference of ASTM D4976 After NPRM, RIBCA/PDI withdrew their petition. RIBCA/PDI indicated that the proposal was an enforcement work-around and that the ASTM standard is not an exhaustive list of acceptable resin specifications. RIBCA/PDI also contended that changes in resin specifications, absent a performance test failure, can not justify a probable violation

15 HM-219 Final Rulemaking Incorporation by Reference of ASTM D4976 For the final rule, PHMSA decided to not incorporate the ASTM standard. PHMSA noted that the agency proposal was merely intended as a reference to an industry standard for guidance for acceptable ranges in materials used to produce hazmat packaging. HMR definition for a new or different design has not changed

16 Third Party Laboratories Third Party Laboratories New approval terms became effective for all third party packaging labs in Dec 2012 New terms are mostly less restrictive more testing options and fewer design details 23 labs before new approval; 20 labs now Field Ops will inspect 14 of 20 labs by May 3. PHMSA will have a meeting with TPLs on May

17 Third Party Laboratories Third Party Laboratories Most significant changes in the new approval Calibration for all precision instruments A test specimen failure does not always constitute a project failure (TPLs only) Multiple tests on one specimen (TPLs only) Manufacturer s assembly and closure must be in report. When lab prepares differently, lab method must be identified and be repeatable

18 Third Party Laboratories Third Party Laboratories Most significant changes in new approval Vibration test method must be IAW ASTM D999 except for liquid IBCs IAW ASTM D787. Hydrostatic and leakproofness test method must be IAW ASTM D7666. Vibration and pressure test standards were suggested by the labs to address PHMSA concerns with consistency and repeatability

19 Third Party Laboratories Third Party Laboratories Most significant changes in new approval Clarified that drop test samples must be assembled and closed for conditioning and that closures may not be installed or retightened during or after conditioning. Clarified that non-bulk packaging must be turned on their side to determine if leak from closures or inner packaging for combination packaging after each test and all test series

20 Third Party Laboratories Third Party Laboratories Most significant changes in new approval Photographs MAY be used in lieu of design drawings or to illustrate descriptions. Required design specification details now relaxed must be robust and allow for identification of all parts of a design. IBC and Large Packaging are now included in the approval. Previously were inferred

21 Validation Testing Update Validation Testing Update PHMSA has expanded Alternative Validation Testing (AVT) program in 2013 The AVT option allows mfrs. to demonstrate HMR testing instead of independent testing at LOGSA. PHMSA will accept test results if HMR and AVT offer terms are met. AVT will not be offered for complaints, accidents, incidents, unauthorized designs or when resources are not available

22 Validation Testing Update Validation Testing Update Responsive to industry requests Ability to substantiate performance claims through testing at same facility, equipment, staff and procedures used for qualification testing. Allows for collection of data to address standardization of domestic testing programs Direct comparison of procedures and outcomes through testing of second set of pkg. at LOGSA

23 Validation Testing Update Validation Testing Update 3 AVT offers made and accepted in AVT projects completed and endorsed. Third AVT project cancelled by mfr. 3 days before testing was scheduled to commence. Second set of samples purchased by LOGSA are in-test now. PHMSA will offer AVT as the first option for validation testing when possible. AVT will be a permanent option

24 Research Testing Program Research Testing Program Dr. Carol Leblanc, new Director, E&R Goal is to support basic and applied research focused on issues with current regulations, reducing transportation incidents, emerging technologies and risks, and supporting agency initiatives and directives. Packaging integrity a top priority for the program. LOGSA laboratory and staff will be a resource for package testing

25 Research Testing Program Research Testing Program Upcoming research test projects at LOGSA Conditioning time prior to drop test Corner drop selection for combination pkg Leakproofness test methods and gases Hydrostatic test fittings placement Study of simultaneous stack tests Study of simultaneous vibration tests

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27 PackSys Database Development Phase I - Creation of package testing database Phase II - 10 element spreadsheet of all past tests Phase III - Public release of testing data Phase IV - HIP web interface for LOGSA use Web portal for data entry into PackSys LOGSA currently testing interface New projects will be entered through portal 20 data elements to be added from past tests Phase V Web portal for PHMSA investigators

28 Anthony Lima National Packaging Program Manager Office Of Hazardous Materials Field Operations (856) (cell) (302) (efax)