By Prokopis A. Christou, PE
A shipping paper describes the hazardous materials being transported. (What in the United States we call hazardous materials, the rest of the world calls dangerous goods.) Shipping orders, bills of lading, and manifests are all shipping papers. Besides being a financial and commercial document, the shipping paper is also a hazard communication tool that accompanies a shipment of hazardous materials from the time that it is accepted by the initial carrier until it arrives at its final destination.
Shipping papers are required for all modes of transportation: air, highway, water. For the rest of this article, let's focus on transportation by highway in reference to U.S. regulations.
After an accident or spill or leak that involves a truck that carries hazardous materials, the driver may be injured and unable to communicate the hazards of the materials on being transported. Firefighters and police can prevent or reduce the amount of damage or injury at the scene if they know what hazardous materials are being carried. The driver's life, and the lives of others, may depend on quickly locating the hazardous materials shipping papers. For that reason the rules:
Some words and phrases used to describe hazardous materials have special meanings. Some of them may differ from meanings we are used to. A material's hazard class reflects the risks associated with it. There are nine different hazard classes.
A shipping paper for hazardous materials must include:
If a shipping paper describes both hazardous and non-hazardous products, the hazardous materials will be either:
The basic description of hazardous materials includes the proper shipping name, hazard class or division, the identification number, and the packing group, if any, in that order. The packing group is displayed in Roman numerals and may be preceded by "PG."
Shipping name, hazard class, and ID number must not be abbreviated unless specifically authorized in the hazardous materials regulations. The description must also show:
Shipping papers must also list an emergency response telephone number. The emergency response telephone number is the responsibility of the shipper. It can be used by emergency responders to obtain information about any hazardous materials involved in a spill or fire.
Shippers also must provide emergency response information to the motor carrier for each hazardous material being shipped. The emergency response information must be able to be used away from the motor vehicle and must provide information on how to safely handle incidents involving the material. It must include information on the shipping name of the hazardous materials, risks to health, fire, explosion, and initial methods of handling spills, fires, and leaks of the materials.
Such information can be on the shipping paper or some other document that includes the basic description and technical name of the hazardous material. Or, it may be in a guidance book such as the Emergency Response Guidebook (ERG). Motor carriers may assist shippers by keeping an ERG on each vehicle carrying hazardous materials. The driver must provide the emergency response information to any federal, state, or local authority responding to a hazardous materials incident or investigating one.
Total quantity must appear before or after the basic description. The packaging type and the unit of measurement may be abbreviated. For example:
10 ctns. Paint, 3, UN1263, PG II, 500 lbs.
The shipper of hazardous wastes must put the word WASTE before the proper shipping name of the material on the shipping paper (hazardous waste manifest). For example:
Waste Acetone, 3, UN1090, PG 11.
A non-hazardous material may not be described by using a hazard class or an ID number.
When the shipper packages hazardous materials, he certifies that the package has been prepared according to the rules. The signed shipper's certification appears on the original shipping paper. The only exceptions are when a shipper is a private carrier transporting their own product and when the package is provided by the carrier (for example, a cargo tank). Unless a package is clearly unsafe or does not comply with the HMR, the driver may accept the shipper's certification concerning proper packaging. Some carriers have additional rules about transporting hazardous materials. Drivers also must follow their employers' rules when accepting shipments.
The waste manifest is the shipping paper when transporting the waste. When transporting hazardous wastes, the driver must sign by hand and carry a Uniform Hazardous Waste Manifest. The name and EPA registration number of the shippers, carriers, and destination must appear on the manifest. Shippers must prepare, date, and sign by hand the manifest. Drivers must give the waste shipment to another registered carrier or disposal/treatment facility. Each carrier transporting the shipment must sign by hand the manifest. After the shipment is delivered, the driver keeps copy of the manifest. Each copy must have all needed signatures and dates, including those of the person to whom you delivered the waste.
The Research and Special Programs Administration (RSPA), an agency of the U.S. Department of Transportation (DOT), is proposing amend the hazardous Material Regulations to specify a retention period for shipping papers.
In 1994, Congress amended the Federal hazardous materials transportation law to require that offerors and carriers of hazardous materials retain the shipping papers for a period of one year after the hazardous materials are no longer in transportation. Because the shipper, the originating carrier, or intermediate carriers may not know the exact date that the transportation ends, RSPA is proposing that the retention period begins from the date the transportation begins. To accommodate for the statutory requirement, RSPA is proposing a 375 days retention period because 95% of shipments are delivered within 10 days. Transportation begins when the shipment is offered and accepted by the initial carrier Transportation ends when the shipment is delivered to its destination.
If finalized as proposed:
This proposed would action affect shippers and carriers of hazardous materials. RSPA accepts comments until 11/13/2001. For more information see the Federal Register, 9/12/01, page 47443.
According to the 5/22/01 Federal Register, the U.S. Environmental Protection Agency (EPA) proposed to revise the Uniform Hazardous Waste Manifest regulations and the manifest form used to track hazardous waste from a generator's site to its site of ultimate disposition. Specifically:
EPA proposed a two-year "delayed compliance date'' for the final rule in order to allow manifest users to phase-in use of the new form. That is, for that two-year period, manifest users would be allowed to use either the old manifest form or the new manifest form. According to EPA, the phase-in period would allow time for vendors, states and waste handlers to get approval to assign manifest tracking numbers and to print forms, as well as to allow time for users to use up existing stocks and find new supplies. EPA stated that the proposed changes would reduce paperwork burden related to the hazardous waste manifest provisions, and respond to many requests for a streamlined and up-to-date hazardous waste tracking system.
In order to parallel EPA's proposal for an electronic manifest, the Research and Special Programs Administration (RSPA), an agency of the U.S. Department of Transportation (DOT), proposed to amend the Hazardous Material Regulations.
According to the August 8, 2001 Federal Register, RSPA proposed to modify 49 CFR 172.205 to provide that, when an electronic manifest is used, the hazardous waste must be accompanied by a physical shipping paper that can be either (1) a print-out (paper copy) of the electronic manifest or (2) a separate shipping paper that meets all of the shipping paper requirements in 49 CFR Part 172. In addition, to prevent confusion by enforcement officials, if an electronic manifest is being used in the transportation of a hazardous waste, the shipping paper or copy of the electronic manifest must indicate on the document that an electronic manifest is being used.
RSPA believes that an electronic manifest cannot serve reliably
the purpose of a shipping paper to alert emergency responders as to the
nature and hazards of materials in a transport vehicle or freight
container, in the event of an incident during transportation of those
materials. Accordingly, EPA has proposed that a paper copy of the manifest
or other shipping paper must accompany the shipment.
The transportation of hazardous waste is regulated both EPA (or delegated
state environmental agency) and the DOT.
This proposed actions would affect all shippers and carriers of hazardous waste. They would be required to use the new waste manifest forms and comply with the revised tracking requirements. RSPA and EPA accept comments until 10/4/01. Fro more information see the following Federal Registers: DOT 8/8/01, p.41490; EPA 5/22/01, p.28239; 8/10/01 p.41490.
About the Author
Prokopis Christou, P.E. has 14 years of diverse experience in managerial,
technical, and teaching responsibilities in environmental, safety,
transportation, regulatory, and engineering matters. Email: prokopis@hotmail.com