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Name: Materials of Trade Exemption MOT Transporting Chemicals Off Campus - Interim
Responsible Office: Environmental Health & Safety

Applies to: (examples; Faculty,Staff, Students, etc)

Faculty , Staff , Students

Policy Overview:

Issued: 09-01-2017
Next Review Date: 07-19-2019
Frequency of Reviews: Annually

Certain hazardous materials transported by private motor carriers, for the purpose of direct support of their business (e.g. clinical and laboratory research) are exempt from most of the Department of Transportation (DOT) hazardous materials regulations, as long as they adhere to the requirements described in the Materials of Trade (MOT) exception. Ultimately, by reviewing this policy, personnel should gain a better understanding of the MOT requirements and be better prepared to transport hazardous materials for College business. Note: This exemption does not apply to the relocation/movement of laboratories on or between St. Louis College of Pharmacy campuses, nor the relocation or movement of hazardous waste.

 


Definitions:

Term

Definition

Hazardous Material

any item or agent (biological, chemical, physical) which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors. For more information regarding individual hazard classes see 49 CFR reference in the table below.

Materials of Trade

Materials of trade are hazardous materials that are carried on motor vehicles for at least one of the following purposes:

·        To protect the health and safety of the motor vehicle operator or passengers. (e.g. insect repellant, fire extinguishers)

·        To support the operation or maintenance of motor vehicles/auxiliary equipment. (e.g. engine starting fluid, gasoline, spare battery)

·        Materials that must be carried by a private motor carrier to directly support a principal business that is not transportation. (e.g. academic and laboratory research, pest control, plumbing, painting). In other words, this exemption only applies to college employees transporting materials for college business, not commercial carriers (e.g. FedEx).

Expansion Ratio

the volume of a given amount of a substance in liquid or solid form compared to the volume of the same amount of substance in gaseous form, at a standard temperature and pressure.

Reportable quantity

(‘‘RQ’’): quantity of a EPA listed material (http://www.epa.gov/ceppo/pubs/title3.pdf ), that if released outside the facility, requires notification to STLCOP EH&S who will determine applicable reporting requirements to local, state and federal authorities. Note: while the EPA list contains reportable quantities (RQs) for hazardous waste, at no time is hazardous waste allowed to be transported in private motor carriers. All departments must request Environmental Health and Safety (EH&S) to collect and properly dispose of their hazardous waste through the procedures found in the Disposal and Recycling of Hazardous and Regulated Materials Policy.

Details:

  1. Purpose
    1. The purpose of this policy is to assist College employees with compliance related to the DOT Materials of Trade exception when transporting small quantities of hazardous materials. The policy and exemption does not apply to Biological Substance, Category A materials or Radioactive Materials.
  2. Hazardous materials table for materials of trade (MOT) exemption
    1. In order to qualify for this exemption, the type of the material and the amount of the material are also regulated. A material of trade is limited to the following DOT hazard classes ONLY:
    2. A Class 3, 8, 9, Division 4.1, 5.1, 5.2, 6.1, or ORM-D material contained in a packaging having a gross mass or capacity not over -
      1. 0.5 kg (1 pound) or 0.5 L (1 pint) for a Packing Group I material;
      2. 30 kg (66 pounds) or 30 L (8 gallons) for a Packing Group II, Packing Group III, or ORM-D material;
      3. 1500 L (400 gallons) for a diluted mixture, not to exceed 2 percent concentration, of a Class 9 material.
    3. A Division 2.1 or 2.2 material in a cylinder with a gross weight not over 100 kg (220 pounds), in a Dewar flask meeting the requirements of § 173.320, or a permanently mounted tank manufactured to the ASME Code of not more than 70 gallon water capacity for a non-liquefied Division 2.2 material with no subsidiary hazard.
    4. A Division 4.3 material in Packing Group II or III contained in a packaging having a gross capacity not exceeding 30 mL (1 ounce).
    5. A Division 6.2 material, other than a Category A infectious substance, contained in human or animal samples (including, but not limited to, secreta, excreta, blood and its components, tissue and tissue fluids, and body parts) being transported for research, diagnosis, investigational activities, or disease treatment or prevention, or is a biological product or regulated medical waste. The material must be contained in a combination packaging. For liquids, the inner packaging must be leakproof, and the outer packaging must contain sufficient absorbent material to absorb the entire contents of the inner packaging. For sharps, the inner packaging (sharps container) must be constructed of a rigid material resistant to punctures and securely closed to prevent leaks or punctures, and the outer packaging must be securely closed to prevent leaks or punctures. For solids, liquids, and sharps, the outer packaging must be a strong, tight packaging securely closed and secured against shifting, including relative motion between packages, within the vehicle on which it is being transported.
      1. For other than a regulated medical waste, the amount of Division 6.2 material in a combination packaging must conform to the following limitations:
        1. One or more inner packagings, each of which may not contain more than 0.5 kg (1.1 lbs) or 0.5 L (17 ounces), and an outer packaging containing not more than 4 kg (8.8 lbs) or 4 L (1 gallon); or
        2. A single inner packaging containing not more than 16 kg (35.2 lbs) or 16 L (4.2 gallons) in a single outer packaging.
      2. This section does not apply to a hazardous material that is self-reactive (see § 173.124), poisonous by inhalation (see § 173.133), or a hazardous waste.
      3. A limited quantity package prepared in accordance with § 173.63(b), § 173.150, § 173.151(b) and (c), § 173.152, § 173.153, § 173.154, § 173.155, § 173.161, § 173.165, § 173.167, § 173.306(i), or § 173.309(d) of this subchapter. Division 4.3 substances must be prepared in accordance with paragraph (a)(3) of this section. Class 7 (radioactive) substances, instruments and articles are not authorized under the provisions of this section.

Procedures:

  1. Packaging
    1. The packaging must be either the manufacturer’s original package or a package of equal or greater strength and integrity
    2. Packaging must be leak tight for liquids and gases, sift proof for solids, and be securely closed, secured against shifting, and protected against damage.
    3. Each material must be packaged in the manufacturer's original packaging, or a packaging of equal or greater strength and integrity.
    4. Outer packagings are not required for receptacles (e.g., cans and bottles) that are secured against shifting in cages, carts, bins, boxes or compartments.
    5. For gasoline, a packaging must be made of metal or plastic and conform to the requirements of this subchapter or to the requirements of the Occupational Safety and Health Administration of the Department of Labor contained in 29 CFR 1910.106(d)(2) or 1926.152(a)(1).
    6. A cylinder or other pressure vessel containing a Division 2.1 or 2.2 material must conform to packaging, qualification, maintenance, and use requirements of this subchapter, except that outer packagings are not required. Manifolding of cylinders is authorized provided all valves are tightly closed.
  2. Hazard Communication
    1. A non-bulk packaging other than a cylinder (including a receptacle transported without an outer packaging) must be marked with a common name or proper shipping name to identify the material it contains, including the letters “RQ” if it contains a reportable quantity of a hazardous substance.
    2. A bulk packaging containing a diluted mixture of a Class 9 material must be marked on two opposing sides with the four-digit identification number of the material. The identification number must be displayed on placards, orange panels or, alternatively, a white square-on-point configuration having the same outside dimensions as a placard (at least 273 mm (10.8 inches) on a side), in the manner specified in § 172.332 (b) and (c) of this subchapter.
    3. A DOT specification cylinder (except DOT specification 39) must be marked and labeled as prescribed in this subchapter. Each DOT-39 cylinder must display the markings specified in 178.65(i).
    4. The operator of a motor vehicle that contains a material of trade must be informed of the presence of the hazardous material (including whether the package contains a reportable quantity) and must be informed of the requirements of this section.
    5. Aggregate gross weight. Except for a material of trade authorized by paragraph (a)(1)(iii) of this section, the aggregate gross weight of all materials of trade on a motor vehicle may not exceed 200 kg (440 pounds).
    6. Other exceptions include that a material of trade may be transported on a motor vehicle under the provisions of this section with other hazardous materials without affecting its eligibility for exceptions provided by this section.
    7. Hazardous materials used as refrigerant for specimens:
      1. Cryogenic liquids in Dewar flasks, insulated cylinders, insulated portable tanks, insulated cargo tanks, and insulated tank cars, designed and constructed so that the pressure in such packagings will not exceed 25.3 psig under ambient temperature conditions during transportation are not subject to the regulations. The container must be marked as “liquid nitrogen”.
      2. Dry Ice, when transported over the roadway, is not subject to the regulations; however, the container must be designed and constructed to permit the release of carbon dioxide gas in order to prevent a buildup of pressure that could rupture. Also, the package must be marked “Carbon dioxide, solid” or “Dry Ice”.
      3. Personnel should always try to use the least amount of refrigerant necessary to maintain the integrity of the materials during transport.
  3. Sanctions
    1. Improper transport of hazardous materials can lead to serious injuries, college property damage/loss, and personal property damage/loss. Injuries or accidents resulting from disregard for proper packaging, marking, or communication outlined by this MOT exemption document can result in inspection and citations by regulatory agencies, including DOT or OSHA. All penalties or fines are the responsibility of the college department in which the infraction occurred. Grant funding may not be used to pay regulatory fines or penalties. Civil and criminal penalties may result from the improper disposal of hazardous materials.
    2.  

Responsibilities:

Position/Office/Department

Responsibility

Carriers

General knowledge of MOT regulations

Quantity limitations

Packaging requirements

Marking and labeling requirements

Shipper

General knowledge of procedures outlined in this policy.

Policy Contacts:

Name

Contact Information

Eric Knoll

314-446-8375

Carlin Harp

314-446-8133

Supplemental Information:

None