HM-223 is the newly proposed regulation that determines pre-transportation functions. While nothing has changed in terms of what shippers are required to do, there has been a clarification on the responsibilities of the shipper and the functions that the DOT should perform. Furthermore, the DOT has determined that they have oversight responsibilities for these functions within a shippers facility but this does not mean that the shipper does not have to comply with the relevant OSHA and EPA regulations. Conceivably this could result in the DOT, the EPA and OSHA all showing up at a facility and all explaining to the shipper that they have oversight responsibilities for the functions that they are performing in pre-transportation. The result of HM-223 is that there are going to be more pre-transportation inspections rather than in-transit inspections and shippers are going to have to be able to not only document and prove that what they are doing is correct and in compliance with the DOT‘s regs, but that they also conform with all of the relevant EPA and OSHA regulations.
STEEL DRUM INDUSTRY NEWS, TRENDS AND ISSUES
Archive for June, 2001
The Commission of the European Communities has adopted emergency measures requiring the treatment and marking of all new and used coniferous (e.g. pine, spruce, fir) non-manufactured wood packing material (NMWP) originating in the United States, Canada, China, or Japan beginning October 1, 2001, to prevent the introduction of the pinewood nematode. The pinewood nematode is a microscopic eelworm that has caused extensive mortality in pines in Japan and China. Work is currently underway in the United States to set up a program to meet the measures adopted by the EU. The United States has chosen to utilize heat treatment or kiln-drying as the primary mitigation option to eliminate this pest on NMWP. The International Plant Protection Convention, which is the international plant protection agency sanctioned under the World Trade Organization, will likely adopt measures very similar to those of the EU in April 2003 for all NMWP, both softwoods and hardwoods. The measures will take effect on October 1, 2001. Exporters with shipments leaving the United States on or after that date for the EU and containing new or used NMWP made entirely of or partially of coniferous lumber will need to ensure that the NMWP meets the new requirements.
Oddly enough, the definition of PAINT, is key to qualifying compliant shipments of dangerous goods. While PAINT does lean towards being liquid, it also has heavy viscosity properties which make its‘ use difficult in liquid packaging systems. Therefore, for the purposes of packaging and/or shipping, this definition is critical to insure compliance with use and/or shipping. In a recent publication of the DOT when asked for the current PAINT definition, they responded that, "Paint is not defined in 49 CFR 171.8. Section 173.173 identifies PAINT as the proper shipping name for paint, lacquer, enamel, stain, shellac, varnish, liquid aluminum, liquid bronze, liquid gold, liquid wood filler, and liquid lacquer base. The proper shipping name PAINT-RELATED MATERIAL describes paint thinning, drying, reducing or removing compounds."