On August 11, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA, a division of the U.S. Department of Transportation) published a proposed rulemaking to revise the Hazardous Materials Regulations (HMRs) for return shipments of certain hazardous materials by motor vehicle. The proposed rule defines "reverse logistics" as the process of moving DOT hazardous materials from their final destination for capturing value, recall, replacement, proper disposal, or other similar reasons. This proposed regulation only applies to motor vehicle shipments; it does not apply to return shipments carried by aircraft, rail, or vessel.

Many organizations currently participating in reverse logistics shipments are not adequately trained or equipped to meet the requirements of the existing HMRs (49 CFR 100 - 185). PHMSA intends to lighten the regulatory burden of such organizations without decreasing safety for shippers or carriers. The proposed rule would add a new section (49 CFR 173.157) establishing requirements and exceptions for reverse logistics shipments. Shipments prepared, offered for transportation, or transported according to the proposed reverse logistics regulation would not be subject to any other HMR requirements.

The proposed requirements cover applicability, packaging, hazard communication, training, and exceptions. A summary of these proposed requirements is provided below.

Applicability: Hazardous materials authorized for transportation under this new section are limited to the following specific classifications and quantity limitations:

• Division 1.4S and 1.4G fireworks, flares, and signals and ammunition.
• A Class 3, 8, or 9 or Division 4.1, 5.1, 5.2, 6.1, or 6.2 material contained in a packaging having a gross mass or capacity in each inner packaging not exceeding
• 0.5 kg or 0.5 L for Packing Group I material;
• 1 kg or 1 L for Packing Group II material;
• 5 kg or 5 L for Packing Group III or ORM-D material; or
• 30 L for a diluted mixture, not to exceed 2 percent concentration, of a Class 3, 8, or 9 material or a Division 6.1 material.
• A Division 2.1 or 2.2 material in a cylinder or aerosol container with a gross weight not over 30 kg. A cylinder or aerosol container may be assumed to meet the definition of a Division 2.1 or 2.2 material, respectively, even if the exact pressure is unknown.
• A Division 4.3 material in Packing Group II or III contained in a packaging having a gross capacity not exceeding 1 L.

Packaging: Reverse logistics packaging must meet several general requirements. For example, each material must be packaged in the manufacturer's original packaging, if available, or a packaging of equal or greater strength and integrity. Packaging must be leak-tight for liquids and gases and sift-proof for solids. It must also be securely closed, prevented from shifting, and protected against damage.

In addition, specific packaging requirements apply to certain types of hazardous materials such as aerosols, cylinders containing Division 2.1 or 2.2 materials, equipment powered by internal combustion engines, and equipment powered by electric storage batteries.

Hazard Communication: The outer packaging, other than a cylinder shipped as a single packaging, must be marked with a common name or proper shipping name to identify the hazardous material it contains. A DOT specification cylinder (except DOT Specification 39) must be marked and labeled as prescribed in the HMR. Specific marking requirements for DOT Specification 39 cylinders are detailed in the proposed rule.

Training: Each person who offers or transports a hazardous material under the proposed reverse logistics regulation must be familiar with its requirements. Employees who prepare reverse logistics shipments are not required to attend "hazmat employee" training specified in 49 CFR 172 Subpart H if the following conditions are satisfied:

• The employer has identified the hazardous materials subject to reverse logistics provisions, has verified compliance with the appropriate conditions and limitations, and has provided training and supervision to persons preparing, offering, or transporting these shipments.
• The employee has received appropriate training applicable to the hazardous material(s) to be offered in reverse logistics transport.
• The employer maintains a record of employee training.
• The operator of a motor vehicle that contains a reverse logistics material is informed of the presence of the hazardous material and the requirements of this regulation.

Exceptions: The proposed regulation specifies several exceptions, including the following: prohibiting hazardous materials that may react dangerously with one another from being transported in the same outer packaging; allowing different hazard classes to be transported in the same cargo transport unit provided they are adequately separated to prevent commingling that could result in a dangerous reaction in the event of an accidental release; and specifying that reverse logistics shipments are subject to the incident reporting requirements in 49 CFR 171.15.

To review the proposed rule and supporting information, refer to the August 11, 2014 Federal Register (79 FR 46748).

 

Russ Boesch, CPEA, CHMM, is Senior Program Director with Specialty Technical Consultants, Inc. and has more than 27 years of experience conducting environmental compliance and management systems audits, regulatory analysis, and environmental management consulting. Russ has managed and performed numerous EHS compliance audits throughout the United States in a variety of facilities including those for the aerospace, automotive, utility, pharmaceutical, medical device, optical device, laboratory, foods, electronics, petroleum refining, and chemical manufacturing industries; commercial hazardous waste TSDFs; cruise ships; educational institutions; and federal government installations. Russ has helped several large corporations design and implement audit programs by preparing facility- and state-specific audit protocols, conducting auditor training, and leading audit teams in the field.

A Certified Professional Environmental Auditor in the disciplines of Environmental Compliance and Responsible CareŽ Management Systems, Russ is also a Certified Hazardous Materials Manager.

For updates on this proposed rulemaking, contact Russ at (603) 888-2952 or RBoesch@stcenv.com.