FRAGMENTATIONS AND FIREBALLS
Even when faced with the fact that bonfire testing on Intermediate Bulk Containers (IBC) containing the residue of “ACETONE”, a 49 CFR Department of Transportation (DOT) Class 3, flammable liquid hazardous material that demonstrated that no fire, explosion, fragmentation or fireball hazards existed, however DOT is still considering more stringent transportation container requirements.
On August 11th 2023, the EPA published the "Used Drum Management and Reconditioning Advance Notice of Proposed Rulemaking." This was done to solicit input and comments including regulatory and non-regulatory options under the Resource Conservation and Recovery Act (RCRA) for used container management. On September 5th 2023 EPA extended the comment period for this proposal until November 22, 2023. You can read more in my last blog, Empty Threats.
In response, the Department of Transportation (DOT) is also extending their comment period for the Hazardous Materials: Modernizing Regulations to Improve Safety and Efficiency (HM– 265A). Comments to the HM–265A notice will now be due by December 4, 2023, see link.
Intermediate Bulk Containers, commonly referred to as IBCs or Totes are a widely used means of transporting hazardous materials. These containers are designed to store and transport various substances, including flammable liquids such as acetone. However, what happens when the IBCs have been emptied, leaving behind residue?
Transporting Residue IBCs
Currently, the DOT Hazardous Material Regulations (HMR) in 40 CFR 173.29, mandates that packages containing residue of a hazardous material must be transported in the same manner as when they contained a greater quantity of the material.
Disposing of Residue IBCs
The Environmental Protection Agency EPA Solid Waste Regulations in 40 CFR 261.7, on the other hand, have disposal exceptions for bulk containers of unwanted hazardous chemicals, including IBCs with residue not exceeding 0.3 percent.
Transporting Residue IBCs in Canada
Transport Canada, for the transportation of residue IBCs in the Dangerous Goods Regulations require IBCs shipments to display a "DANGER" placard, and specific residue transport documentation.
That is why DOT has requested comments to gauge if Canada's DGR could be a guide to provide additional levels of safety compared to our HMR to account for the presence of vapors of hazardous materials in the residue IBCs.
Other questions include, if placarding a motor vehicle carrying residue IBCs is no longer required then should hazmat endorsement on a Commercial Driver's License also be no longer required?
Key Residue IBC Questions in the Federal Register;
Should the requirement for placarding and hazardous material shipping paper be eliminated for vehicles transporting residue IBCs?
What are the implications of adopting Transport Canada's approach to residue IBC transportation in the United States?
How should the amount of material left in the IBC be determined and verified? Various methods and limits are proposed, including the 0.3 percent rule.
Are there any known incidents or accidents involving residue IBCs, either in Canada under SU 11819 or in the United States?
How would offerors of "empty" IBCs determine compliance with the 0.3 percent residue requirement before offering them for transportation?
Should the exception be limited to IBCs of a specific size, such as 550 gallons, or should it apply to IBCs of all sizes?
Should residue container requirements include pouring, upending, pumping, aspirating, scraping, rinsing for hazardous material even though it is less than 1 percent full?
Help shape the future of these regulations, read the Federal Register, stay informed on developments that affect you. You have a stake in these regulations, so consider providing your input during the comment period.
Thank you.
Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc.
Hazmat.tsp@gmail.com
610-587-3978