IntroductionThis issue addresses Limited Quantity Shipments including stowage and segregation, and hazardous wastes, for domestic and international transportation.

While we cannot report on all of the new and changed regulatory requirements, we hope you will find this information helpful. If you have any issues or questions regarding the CFR or IMDG Code stowage and segregation regulations, please forward them on to the Matson dangerous goods specialist via e-mail at jbuzga@matson.com, or by phone at (480)-902-5351.

Limited Quantities and Hazardous Waste ShipmentsRecently, a hazardous waste shipment was delayed in Ningbo, China because of what the China Maritime Safety Agency (MSA) hazmat inspectors determined to be a failure to properly segregate the different commodities within the container as well as the stowage of the container below deck. In most cases approvals, including permits, authorizations, and certificates referred to in the IMDG Code and issued by the competent authority shall be recognized as appropriate, by other contracting parties to the International Convention for the Safety of Life at Sea (SOLAS), 1974. Furthermore, as a signatory to the IMO convention on hazardous materials, China would normally be bound to accept the US DOT authorization for the declaration as a limited quantity and stowage below deck, one of the few instances the IMDG Code is more restrictive than the CFR.

The shipment in question was loaded in a US jurisdiction, and loaded aboard a vessel in transit to another US jurisdiction. The shipment was fully compliant with the provisions of the U. S. DOT (PHMSA) hazardous materials regulations and authorizations contained in Title 49 Code of Federal Regulations, Parts 100 – 185. Thus, the shipment should have been allowed to transit Chinese ports.

Matson representatives traveled to Ningbo to meet with China MSA inspectors and were notified that their guidance was to accept only IMDG-compliant shipments when, in rare circumstances, there was a difference between the IMDG and US requirements. This was a change in previous interpretation, but one the Chinese government is fully empowered to enforce.

Based on this meeting, shippers must strictly comply with IMDG requirements for all shipments transiting Chinese ports. If Matson shippers have any questions regarding

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IMDG compliance, please contact Matson’s dangerous goods specialist, John Buzga, via email at jbuzga@matson.com, or by phone at (480)-902-5351.

Dangerous Goods in Limited Quantities Revisited IMDG Code Chapter 3.4 Limited Quantities, in the IMDG Code states:

3.4.1 The Provisions of Chapter 1.4 (Security provisions) do not apply to the transport of dangerous goods in limited quantities. The full provisions of this Code apply equally to limited quantities except as provided elsewhere in this chapter, i.e Chapter 3.4.

3.4.3 Stowage. Notwithstanding the stowage provisions indicated in the Dangerous Goods List (DGL), dangerous goods transported under the provisions of this chapter are allocated category A.

(This implies that whatever the stowage category, A, B, C, D or E, listed in Column 16 of the DGL, the item is allocated Category A stowage when declared a Limited Quantity. However, it does not make clear whether the other stowage provisions, such as “Clear of living quarters” are excepted for Limited Quantities.)

3.4.4.2 Segregation. The segregation provisions of Chapter 7.2 are not applicable for packagings containing dangerous goods in limited quantities or in relation to other dangerous goods.

Chapter 7.2 Segregation – covers the general segregation between different classes in accordance with 7.2.1.16 Segregation Table between certain similar chemical groups as per 7.2.1.7.1.

(This implies that the limited quantities are excepted from the segregation between different classes and divisions, as well as those particular chemical groups which would be found in Column 16 of the DGL, i.e. “stow “separated from” acids and alkalis)

These then are the only exceptions with regard to the Stowage and Segregation cited in Chapter 3.4. Thus, the full provisions of any other requirements of the Code still apply.

Example, Chapter 7.4 – Transport of cargo transport units on board ships

7.4.4.1 A cargo transport unit packed or loaded with flammable gas or flammable liquid having a flashpoint below +23°C transported on deck shall be stowed “away from” (as defined in 7.2.2.2.1) possible sources of ignition. In the case of container ships, a distance equivalent to one container space athwartships from possible sources of ignition applied in any direction will satisfy this requirement.

(It had been previously interpreted that low flashpoint Class 3 commodities in limited quantities did not have to be stowed away from reefers. This is NOT the case. Any class 3, with a flashpoint below 23°C, limited quantity or not, should be stowed away from reefers. Most recently, the USCG has confirmed this segregation.)

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Title 49 CFR Subpart D – General Segregation Requirements state:

176.80(b) Hazardous materials in limited quantities when loaded in transport vehicles and freight containers, are excepted from the segregation requirements of this subpart and any additional segregation specified in this subchapter for transportation by vessel.

Subpart D covers the segregation requirements between different classes of hazardous materials in accordance with the General Segregation Requirements For Hazardous

Materials (Table 176.83(b), as well as the segregation from other materials that would contribute to its hazard, as are indicated in Column 10B of 172.101 –

Hazardous Materials Table, and the meaning of which would be found in Table 176.84(b) Table of provisions. Example, numerical code 52 – Stow

“separated from acids”.

Not all of the numerical codes refer to segregation, as some directly affect stowage. Example, numerical code 40 –

Stow “clear of living quarters”, means that the hazardous material must be located so that in the event of a release of the material, leakage or vapors will not penetrate

accommodations, machinery spaces or other work areas by means of entrances or other openings in bulkheads or

ventilation ducts.

A recent Hazmat interpretation issued by the U. S. DOT (PHMSA) has stated “stowage requirements that specify segregation between

hazardous materials do not apply to limited quantities transported by vessel; however, stowage requirements other than those that specify segregation of

hazardous materials are applicable to limited quantities.”

Bottom Line Dangerous Goods (hazardous materials) in limited quantities are excepted from segregation requirements between other classes and divisions, or between other materials that might contribute to the hazard. They are excepted from any “on deck only” stowage requirement, where applicable under the IMDG Code, by the allocated stowage category “A.”

However, they are not excepted from any other stowage requirements, either under the IMDG Code or the CFR. Thus, requirements such as, “stow clear of living quarters” or “stow away from sources of heat and ignition” still apply to limited quantities that apply to a particular commodity.

HAZ Alert IPHMSA is proposing to issue certain inspection, investigation and enforcement authority conferred on the Secretary of Transportation by the Hazardous Materials Safety and Security reauthorization Act of 2005. The proposed rules would establish procedures for:

1. Inspection and opening of packages to identify undeclared non-compliant shipments

2. The temporary detention and inspection of suspicious packages

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Federal Register Vol. 73, No. 192

Thursday, Oct. 2, 2008 Proposed Rules

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3. The issuance of emergency orders, i.e restrictions, prohibition, recalls, out of service orders, to address unsafe conditions or practices posing an imminent hazard

Other proposals include:

4. A procedure under which an inspector may order the person in possession of, or is responsible for the package, to transport that package and its contents to a facility that will examine and analyze its contents.

5. A procedure for the issuance of an out-of-service (OOS) order, if after complete examination of the package an imminent hazard is found.

6. A procedure under which an inspector will assist in preparing a package for safe and prompt transportation if no hazard is found.

The DOT believes that these new procedures will enhance their ability to respond immediately and effectively to conditions or practices that pose threats to life, property, or the environment.

Comments for this Notice of Proposed Rule Making (NPRM) must be received by December 1, 2008.

Addresses

You may submit comment by any of the following methods:

• U. S. Government Regulations.gov Web site: http://www.regulations.gov

• U. S. Mail or private delivery service: Docket Operations, U. S. Department of Transportation., West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 20590-0001

• Fax: 1-202-493-2251

Instructions

You must include the agency name and docket number, PHMSA-05-22356 or the Regulatory Identification Number (RIN) for this rulemaking at the beginning of your comment. Note that all comments received will be posted without charge to the U. S. Government Regulations. gov., Web site: http://www.regulations.gov., including any personal information provided.

For Further Information Contact:

Jackie K. Cho or Vincent M. Lopez, Office of Chief Counsel;, (202) 366-4400, Pipeline and Hazardous Materials Safety Administration.

HAZ Alert IIEPA issues NPRM Revising Requirements for Transboundary Shipments of Wastes Between OCED Countries, Requirements for Export of Spent Lead Acid Batteries, Exception Reports for Export Shipments of HazWastes, and Requirements for Import of HazWastes.

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Monday, October 6, 2008, EPA published a proposed rule [EPA-HQ-RCRA-2005-0018; FRL-8720-3].

Summary This rule proposes to amend certain existing regulations that exist under the hazardous waste provisions of the Resource Conservation and Recovery Act (RCRA) regarding the export and import of hazardous wastes from and into the United States. The EPA plans to modify: the requirements to implement the OECD framework concerning the transboundary movement of hazardous waste among countries belonging to the Organization for Economic Cooperation and Development (OECD). This includes reducing the number of control levels, exempting qualifying shipments sent for laboratory analyses from certain paperwork requirements, requiring recovery facilities to submit a certificate of recovery, adding provisions for the return of re-export of wastes subject to the Amber control procedures, and clarifying certain existing provisions that were identified as potentially ambiguous to the regulated community; the regulations regarding the management of spent lead-acid batteries (SLABS) being reclaimed to require appropriate notice and consent for those batteries intended for reclamation in a foreign country. Proposed revisions include:

OECD Revisions

• The OECD revisions in this proposed rule affect all persons who export or import hazardous waste,or universal waste, or export spent lead-acid batteries (SLABs)destined for recovery operations in countries belonging to the OECD except for Mexico and Canada.

• This proposed rule is intended to implement the OECD’s “Decision of the Council C (2001) 107/ FINAL, Concerning the Control of Transboundary Movements of Wastes Destined for Recovery Operations, as amended by C(2004)20”, which amended the OECD Decision on the same subject. The purpose of these revisions was to encourage consistency and harmonization between OECD and the Basel Convention, which in turn, promotes economic efficiency and the recovery of waste in an environmentally sound manner.

• The amended 2001 OECD Decision was supported by the United States and imposes legally binding requirements on the United States pursuant to articles 5 (a) and 6 of the OECD . By consenting to the Decision, the United States Government has agreed to promulgate regulations necessary to ensure that the United States can uphold the agreement.

Spent Lead Acid Battery (SLAB) Revisions

EPA also proposes to amend the RCRA hazardous waste regulations for SLABs specified in 40 CFR part 266, Subpart G, by requiring notification and consent for the export of SLABs in order to ensure that SLABs are sent to reclamation facilities in countries that can manage them in an environmentally sound manner. (Risks to human health and the environment derived from improper SLAB recycling techniques are of major concern internationally).

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Exception Report Revisions for Exports Under Subparts E and H of 40 CFR Part 262

EPA proposes to amend the exception reporting requirements in 40 CFR Part 262, Subparts E and H, to specify that all exception reports be submitted to the Office of Enforcement and Compliance Assurance’s Office of Federal Activities in Washington, DC rather that to the Administrator.

Import Revisions

Finally, EPA proposes to amend the import requirements specified in 40 CFR Part 262, Subpart F. This change would require that the U.S. importer provide the transporter with a copy of documentation provided by EPA, confirming EPA’s consent to the hazardous waste import under a specific notice.

Other NewsThe U. S. DOT (PHMSA) has stated that Division 1.4 explosives (including Division 1.4S explosives) are excepted from the structural serviceability requirements in accordance with § 176.172 (c) of the hazardous materials regulations. According to § 176.172 (c), “all shipments of Class 1 (explosive) materials except those in Division 1.4 (explosive) must be accompanied by a statement, which may appear on the shipping paper, certifying that the freight container or the vehicle is structurally serviceable as defined in paragraph (a)(2) of this section.”

The intent of § 176.172 (c) is to except Division 1.4 from the structural serviceability requirements in the same manner as the IMDG Code. The language as written is unclear and could be interpreted that only Division 1.3 explosives are excepted from the requirement for a certification statement to accompany the shipment. However, the certification statement is not required because the containers or vehicles containing Division 1.4 explosives do not have to meet the structural serviceability requirements of § 176.172(a)(2).

Cargo Securement In order for cargo to be considered properly secured for an intermodal move, the securing arrangement must be capable of providing a measure of restraint at least equal to the

upsetting forces created due to the maximum accelerations anticipated at any stage of the move. This includes the accelerated forces experienced in ocean transportation as well as the humping encountered during movement by rail.

Annex 13 of the IMO “Code of Safe Practice for Cargo Stowage and Securing“ provides a detailed methodology for calculating frictional forces and adequacy of securing in general using the balance of forces approach. Although this specifically applies to the securing of non-standardized cargo on board vessels, the principles apply to all modes of transportation.

Structural Serviceability For Division 1.4

(Explosives)