DOT Special Permits. Frank Imperatore Virginia Tech Alan Call US EPA, Office of Research and Development

Similar documents
EXPIRATION DATE: February 28, 2018

East Building, PHH-30 U.S. Department New Jersey Avenue S.E. of Transportation Washington, D.C DOT-SP (THIRD REVISION)

DOT-SP (SECOND REVISION) EXPIRATION DATE: (FOR RENEWAL, SEE 49 CFR )

DOT-SP (SEVENTH REVISION) EXPIRATION DATE: (FOR RENEWAL, SEE )

East Building, PHH-30 U.S. Department New Jersey Avenue S.E. of Transportation Washington, D.C EXPIRATION DATE:

EXPIRATION DATE: January 31, 2018

DOT-SP (TENTH REVISION) EXPIRATION DATE: (FOR RENEWAL, SEE 49 CFR )

East Building, PHH-30 U.S. Department New Jersey Avenue S.E. of Transportation Washington, D.C DOT-SP 8451 (THIRTY-NINTH REVISION)

Dear Special Permit Holder:

SPECIAL PERMIT AUTHORIZATION DOT-SP 8451

APPROVAL CA (SECOND REVISION) ISSUED BY THE COMPETENT AUTHORITY OF THE UNITED STATES EXPIRATION DATE: December 31, 2022

APPROVAL CA (SEVENTH REVISION) ISSUED BY THE COMPETENT AUTHORITY OF THE UNITED STATES E~EX5A'l'1:Il~~s,JiiA\TE1>'.11'AP:#±'ilrs&o i 20.

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration. Transporting Hazardous Materials / Pesticides

4.0 PLACARDING STUDENT WORKBOOK

East Building, PHH-30 U.S. Department New Jersey Avenue S.E. of Transportation Washington, D.C DOT-SP 16279

EXPIRATION DATE: August 31, 2018

East Building, PHH-30 U.S. Department New Jersey Avenue S.E. of Transportation Washington, D.C DOT-SP (SIXTH REVISION)

EXPIRATION DATE: (FOR RENEWAL, SEE 49 CFR )

EXPIRATION DATE: November 30, 2014

Industrial and Hazard Waste Management. Hazardous waste handling, transportation and storage. Dr.-Eng. Zayed Al-Hamamre

Script. Narrative. Visual. Module 5 Placarding

Waste Management. Waste handling, transportation and storage. Dr.-Eng. Zayed Al-Hamamre

East Building, PHH-30 U.S. Department New Jersey Avenue S.E. of Transportation Washington, D.C DOT-SP (TWELFTH REVISION)

Subpart G Emergency Response Information

Shipping Papers and Emergency Response Information

Hazardous Materials Shipping

Returns must take place within 30 days of invoice date. All returns are subject to a 10% re-stocking charge.

New Jersey Department of Environmental Protection. Transportation Oversight Unit

Hazardous Materials: Actions on Special Permit Applications

Overview of State and Federal Regulation of Hazardous Waste

Nations All rights reserved TABLE OF CONTENTS. Part 1. GENERAL PROVISIONS, DEFINITIONS, TRAINING AND SECURITY...

PHMSA-2137-AF04 (HM 218H) Hazardous Materials: Miscellaneous Amendments Environmental Assessment

UN Recommendations on the Transport of Dangerous Goods

DGTraining.com Basic Overview of Hazard Classes

Office of Hazardous Materials Safety Actions on Special Permit Applications

DANGEROUS GOODS PANEL (DGP)

DANGEROUS GOODS PANEL (DGP) MEETING OF THE WORKING GROUP OF THE WHOLE

Hazardous Materials: Actions on Special Permit Applications

Update on Dangerous Goods Transportation Regulations for Lithium metal cells and batteries

"DOT HAZMAT GENERAL AWARENESS"

Offsite Shipping (DOT)

Chapter 11 Sample Shipment

DRI Procedure for Moving/Transporting Chemicals 1

New Jersey Department of Environmental Protection Transportation Oversight Unit

Changes for Hazardous Materials in 2017

Tech Control Live presents Regulation Changes 2019

ShipMate, Inc. 780 Buckaroo Trail, Suite D Sisters, OR Tel: +1 (310) Fax: +1 (310)

NORTH AMERICAN STANDARD HAZARDOUS MATERIALS / TRANSPORTATION OF DANGEROUS GOODS INSPECTION PROCEDURE

Dangerous Goods and Rail Safety. A Technical Publication from ALBERTA EDGE (ENVIRONMENTAL AND DANGEROUS GOODS EMERGENCIES) Documentation Review

DGI Training Center HAZARDOUS MATERIALS TRANSPORTATION COMPLIANCE AUDIT CHECKLIST. Company: Contact: Contact Phone: Contact Audit Address:

HEALTH AND SAFETY MANUAL

Dangerous Goods and Rail Safety. A Technical Publication from the Co-ordination and Information Centre. Documentation Review

ShipMate, Inc. 780 Buckaroo Trail, Suite D Sisters, OR Tel: +1 (310) Fax: +1 (310)

49 CFR PART 172. Subpart I Security Plans

probability and severity of the consequences or outcome of a hazard (

MANIFEST OF HAZARDOUS CHEMICALS

3 Hazardous Materials

Guide to Training Hazardous Materials Employees Involved in Transportation

Transporting Ebola Contaminated Items: Category A Infectious Substance

TABLE OF CONTENTS. Chapter General provisions Chapter Definitions and units of measurement... 27

KINOSHITA AVIATION CONSULTANTS Website: airtransport-tozai.com

Hazardous Materials Transportation Regulations. 49 CFR Part 173 Shippers/Packaging

Dangerous Goods Regulations

DANGEROUS GOODS PANEL (DGP)

Regulatory Updates for 2018: Q4 What You Should Know

Hazmat Shipping Best Practices: Must-have Hazmat Shipping Paperwork

Conclusion. What happened. The situation before in HMR. Steps to Compliance (Shippers) How Many Hazard Classes? HARMONIZATION

DANGEROUS GOODS PANEL (DGP) WORKING GROUP MEETING (DGP-WG/18)

Effective Date: 03-October Table of Contents

DANGEROUS GOODS PANEL (DGP) MEETING OF THE WORKING GROUP OF THE WHOLE

EPA s s Pesticide Container Regulations. Requirements for Portable Refillable Containers & Repackaging

WORKING PAPER. International. transport of LITHIUM INSTRUCTIONS SUMMARY. waybill shown on. indicate on 1.2. not restricted

International 9/8/11 WORKING PAPER Edition FOR SUMMARY 3503, At the 1.1 DGP/23-WP/15. DGP.23.WP en.docx.

Before the Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation Washington D.C.

Hazard class or division Label name Label design or section reference 1.1 EXPLOSIVES EXPLOSIVES

Re: Docket No. PHMSA (HM-218H), Hazardous Materials: Miscellaneous Amendments (RRR)

DEPARTMENT OF TRANSPORT

DEPARTMENT OF TRANSPORT SCHEDULE

Dangerous Goods and Rail Safety. A Technical Publication from the Co-ordination and Information Centre. Documentation Review

TRANSPORTATION OF HAZARDOUS MATERIALS 49 CFR PARTS

RDIMS # TP 9554E January Transportation of Dangerous Goods. TDG Bulletin. Dangerous Goods Safety Marks

Chapter 3.4 Dangerous Goods Packed in Excepted, [Consumer Commodities/Retail Sale] and [Limited] Quantities

Hazmat Shipping Best Practices How to Audit Your Operations

Hazardous Materials Transportation: Regulations, Compliance and Enforcement

HAZARDOUS MATERIALS TRAINING! What do we do with this stuff, it looks dangerous?!?

Batteries and Battery Fluids by Road

Regulatory Updates for 2018: Q3 What You Should Know

Hazardous Materials Transportation Training Modules VERSION 5.1 STUDENT MODULE 4

How to make DGD. Following the above sequence, the below is the typical example of the basic description

IATA DANGEROUS GOODS REGULATIONS

WORKING PAPER. International. (Presented SUMMARY. Instruction 965. Packing. Action by 1.1. limited to 10. dangerous ... (6 pages)

Transport and Shipment of Hazardous Materials and Dangerous Goods

BEG-02. USG-16 Air bag inflators, Air bag modules Seat belt. shipper operator

Non-Spillable, Valve-Regulated Lead-Acid (VRLA) Batteries used in HP Products

TEMPLE UNIVERSITY ENVIRONMENTAL HEALTH AND RADIATION SAFETY

HazMat Transportation Compliance. September 2017

United Nations Sub-Committee of Experts on the Transport of Dangerous Goods. Agenda. UN Sub-Committee of Experts on the Transport of Dangerous Goods

International Maritime Dangerous Goods (IMDG) Code, 2016 Edition Amendment Volume 1

2017 Work Plan ICAO DGP & IATA DGB

Transportation of Dangerous Goods (TDG)

Transcription:

DOT Special Permits Frank Imperatore Virginia Tech Alan Call US EPA, Office of Research and Development

Disclaimer The content of this presentation is the not the official stance, opinion, direction, musing, forethought, afterthought, pontification, or guidance of the Environmental Protection Agency, Department of Transportation, International Air Transport Association, International Civil Aviation Organization or any other regulatory agency. This is just a couple of old curmudgeonly labpack goons talking about what they have learned about using DOT Special Permits.

Topics Special Permit Basics Party to requirements How do we use special permits to our advantage? Competent authorities Common/Helpful Special permits for Colleges, Universities, or Research Institutions Common problems/errors Violations/Penalties Incorporation/Codification of special permits to regulations

What is a Special Permit - 49 CFR 107.1 Special permit - means a document issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapters A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq.(e.g., Federal Motor Carrier Safety routing requirements).

Sections of a Special Permit Each Special Permit will consist of 12 Sections: 1. Grantee - Person or persons (company, organization, etc.) who has applied for the special permit. 2. Purpose and Limitations - Describes what the special permit is allowing the grantee to do 3. Regulatory System Affected - What parts of the regulations the special permit is providing relief from. This is very general ex: 49 CFR Parts 106, 107 and 171-180

Sections of a Special Permit - cont. 4. Regulations From Which Exempted - Lists what specific regulations are being exempted by the special permit - ex. 49 CFR 177.848(d) in that Division 4.2 materials may not be loaded, transported, or stored together in the same transport vehicle with Class 8 liquids except as specified herein. (From SP-11373 5. Basis - What the special permit is based on. This special permit is based on the application of Berlin Packaging, dated November 17, 2015, submitted in accordance with 49 CFR 107.109. (from SP-9168)

Sections of a Special Permit - cont. 6. Hazardous Materials ( 49 CFR 172.101) - Lists the hazardous materials descriptions (in table format) of materials included in the special permit. Lists proper shipping name, hazard class/division, ID number and packing group. 7. Safety Control Measures - Lists the requirements for packaging the hazardous materials and the segregation requirements for transport. 8. Special Provisions - Lists any special provisions related to the special permit. This may include party to information, requirements for documentation, marking and labeling requirements, etc.

Sections of a Special Permit - cont. 9. Modes of Transportation Authorized - Lists how items can be shipped using the special permit. Motor vehicle, rail, etc. 10. Modal Requirements - Any modal-specific requirements are listed here such as requirements to carry a copy of the special permit, etc. 11. Compliance - Lists requirements for training, security, registration, etc. Keep an eye out for the training requirements. 12. Reporting requirements - Lists any reporting requirements specific to the special permit.

Party Status?

Party Status Basically, do you need to get written permission to use a special permit? Look under the special provisions section for requirements a. In accordance with the provisions of Paragraph (b) of 173.22a, persons may use the packaging(s) authorized by this special permit for the transportation of the hazardous materials specified in paragraph 6, only in conformance with the terms of this special permit. b. A person who is not a holder of this special permit, but receives a package covered by this special permit, may reoffer it for transportation provided no modification or change is made to the package or its contents and it is offered for transportation in conformance with this special permit and the HMR. From SP-9168

Party Status Some special permits do not allow party status this will usually be specified in section 2 of the special permit 2. PURPOSE AND LIMITATION: a. This special permit authorizes the one-time transportation in commerce of certain Division 1.3G articles from the Yuba County Sherriff s Department located in Olivehurst, CA to Veolia ES Technical Solutions, L.L.C. s disposal facility located in Sauget, IL. This special permit provides no relief from the Hazardous Materials Regulations (HMR) other than as specifically stated herein. The most recent revision supersedes all previous revisions. b. The safety analyses performed in the development of this special permit only considered the hazards and risks associated with the transportation in commerce. C. No party status will be granted to this special permit. From SP-16545

How do you use special permits to your advantage? Labaacks History Changes What cannot be labpacked? 6.1, PG I Inhalation Hazards Temperature controlled

Common special permits 49 CFR 177.848(d) Segregation requirements Special Permit 14335 This special permit authorizes the transportation in commerce of Division 2.3 Zone A materials on the same motor vehicle with DOT specification packagings containing the residues of Divisions 2.1, 2.3, 4.3, 5.1, and Classes 3 and 8 materials, subject to the limitations and special requirements specified herein.

Common special permits cont. 49 CFR 173.12 6.1, PG I materials cannot be labpacked Special Permit SP-15862 This special permit authorizes the transportation in commerce of Division 6.1, PG I materials in lab packs by motor vehicle, rail freight and cargo vessel.

Temperature controlled material (3) Prohibited materials. The following waste materials may not be packaged or described under the provisions of this paragraph (b): a material poisonous-by-inhalation, a temperature controlled material unless it complies with 173.21(f)(1), a Division 6.1, Packing Group I material, chloric acid, and oleum (fuming sulfuric acid). [49 CFR 173.12] 173.21(f)(1) Forbidden materials 173.224 - Packaging and control and emergency temperatures for self-reactive materials. 173.225 - Packaging requirements and other provisions for organic peroxides.

Diethyl Azodicarboxylate (DEAD) Vendor: Sigma Aldrich Alfa Aesar Others? Form: Pure 40% in Toluene Other (in solvent drum)

Diethyl Azodicarboxylate (DEAD) Shipping Options Special Permit SP-13481 (ships as Class 1.4E) Competent authority CA2004020005 (Self-reactive, Type C) 6.1 PG III DOT Forbidden In a solvent drum

What was incorporated into 173.12?

Incorporation of Special Permits into Regulations Long standing, safety proven special permits are sometimes incorporated into regulatory updates/re-writes Labacks Use of fiber boxes for packaging labpacks Cyanides on same vehicle with acids Spontaneously combustible (4.2) materials - segregation issues Others?

Aerosols Aerosols, flammable, (each not exceeding 1 L capacity) UN1950 49 CFR 173.306(k) has been amended incorporating provisions from several longstanding special permits. See Federal Register Vol 81, No. 13, January 21, 2016 [page 3681] for full text

Paints Paint and paint related materials, UN1263, 173.242 (bulk), 173.173 (non-bulk) Special Provision B131 of the hazardous materials table has been added which incorporates allowances from several special permits into the regulations

Competent Authority - 49 CFR 107.1 Competent Authority - means a national agency that is responsible, under its national law, for the control or regulation of some aspect of hazardous materials (dangerous goods) transportation. Another term for Competent Authority is Appropriate authority, which is used in the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air. The Associate Administrator is the United States Competent Authority for purposes of this part 107.

Competent Authority Approval - 49 CFR 107.1 Competent Authority Approval - means an approval by the competent authority that is required under an international standard (for example, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Maritime Dangerous Goods Code). Any of the following may be considered a competent authority approval if it satisfies the requirement of an international standard: (1) A specific regulation in subchapter A or C of this chapter. (2) A special permit or approval issued under subchapter A or C of this chapter. (3) A separate document issued to one or more persons by the Associate Administrator.

Penalties / Violations 49 CFR 107, Subpart D, Appendix A E. Special Permits and Approvals: Violation description Section or cite Baseline assessment 1. Offering or transporting a hazardous material, or otherwise performing a function covered by a special permit or approval, without authorization: 171.2. a. After the special permit or approval has expired $1,200 + $600 for each additional year. b. After the special permit or approval has been terminated $5,000 to $25,000. 2. Failure to comply with a provision of a special permit or approval (when no other baseline is applicable): 171.2. a. That relates to safety $4,000 and up. b. That does not relate to safety $500 and up. 3. Failure to maintain a copy of the special permit in the transport vehicle or facility, when required by the terms of the special permit Special Permit $1,000. 4. Use an approval or approval symbol issued to another person Approval, Various $9,000.

Actual assessed penalties - 2015 Improper marking of the package ex. Failure to mark the special permit number on the package - $800 Improper paperwork ex. Failure to include the special permit number with the shipping name on the manifest - $690 Improper use ex. Using the wrong packaging, improper closure of a package, not using all parts of a combination package - $7,000

Actual case: Company Name Violation Summary Citations AMAZON.COM.DE DC, LLC CARLISLE, PA Case #: 11-0186-SB-EA Offered corrosive solid, acidic, inorganic, n.o.s. (monopersulfate compound), 8, II, when shipments were not accompanied by hazardous materials shipping papers and; when the package was not marked and labeled; offered corrosive solid, acidic, inorganic,n.o.s. (monopersulfate compound), 8, II, in packagings which were not subjected to UN-standard testing; offered compressed gases, under DOT-SP 10232 and DOT-SP 11516, and failed to properly classify the material, failed to provide training, and failed to maintain a copy of the special permit, or alternately ship these materials in conformance with 49 CFR; offered lithium batteries, 9, and failed to ship the material in accordance with the requirements of Section 173.185, or failing ship in accordance with Section 172.102, Special Provision 188. 173.22a(b), (c); DOT-SP 10232, dated March 7, 2011,; DOT-SP 11516, dated March 20, 2009; 172.200(a), 172.300(a), 172.400(a)(1),; 172.600(c), and 173.22(a)(1); 173.22(a)(2), and 173.212(a173.22(a), and 173.185(a) Penalty Amount $33,675

Discussion? Frank Imperatore frank@vt.edu Alan Call call.alan@epa.gov