Conflict Minerals Rule: Litigation Update

On August 22, 2012 the U.S Securities and Exchange Commission issued the “Conflict Minerals Rule” mandated by the 2010 Dodd-Frank Wall Street Reform & Consumer protection Act. The Rule requires that if conflict minerals (tin, tantalum, tungsten or gold; abbreviated as 3TG) are necessary to the functionality or production of products manufactured or contracted to be manufactured by an SEC reporting company, the company must perform due diligence and make specified disclosures as to the source of the 3TG in its reportable products. The compliance reporting period began January 1, 2013, and the first reports are due to be filed on June 2, 2014. Please click here for more information.

How DOT Assesses Civil Penalties

There are two methods outlined for assessing civil penalties in the hazardous materials regulations: tickets and notices of violation. Please click here for details.

What is DOT Empty?

Please click here for information.

HAZWOPER Chain of Command

The organizational structure part of the site program must establish the specific chain of command and specify the overall responsibilities of supervisors and employees. Please click here for details.

Hazard Communication: Hazard Warnings

All containers of hazardous chemicals covered under OSHA's Hazard Communication standard must be labeled with an appropriate "hazard warning." For more information, please click here.

To determine the physical and health hazards which must be identified by these appropriate “hazard warnings,” see the definitions for “physical hazard” and “health hazard," please click here.

Hazard Communication Requirements for Articles

Under OSHA's Hazard Communication Standard, items meeting the definition of an article are not considered to be hazardous chemicals and are therefore not subject to the regulation. Please click here for information.

DOT Hazmat Training Recordkeeping Requirements

Records must be retained for each hazmat employee for as long as the employee is employed by the hazmat employer and for 90 days after termination of employment as a hazmat employee. Please click here for details.

Hazmat Employees Must Receive Training

According to the DOT regulations, a hazmat employee is a person who is employed by a hazmat employer and who in the course of their employment directly affects hazardous materials transportation safety. For more information, please click here.

Emergency Response Guidebook

The Emergency Response Guidebook (ERG) is a guide designed to assist responders with identification of the hazards of a material during incidents so that they can protect themselves and the public during response activities. Transportation authorities from the US, Canada and Mexico developed the ERG and update it regularly. It is revised and reissued every three or four years. Please click here for details.

Hazardous Waste Inspector's Checklist

If a RCRA inspector was waiting in the lobby right now, would you be ready? The Vermont Waste Management Division has published the checklist used by its enforcement personnel when conducting inspections. The checklist is helpful to hazardous waste generators in Vermont or any other state to use as a self-audit tool. For a copy of the checklist, please click here.

Hazmat Security Plan

On March 25, 2003, the Research and Special Programs Administration (RSPA) issued security requirements for shippers and carriers of hazardous materials. The new security requirements have created two new major responsibilities. For more information, please click here.

UST Corrective Action Plans

An underground storage tank (UST) corrective action plan may be required by your state implementing agency if there is a likelihood that a release from the UST could result in a high risk to human health and the environment in the UST area. Please click here for details.

Unmanifested Waste Reports

Normally, all of the hazardous wastes accepted by a hazardous waste treatment, storage, or disposal facility (TSD) are accompanied by a hazardous waste manifest. What should the TSD do if they accept a hazardous waste that was not accompanied by a manifest? Please click here for details.

Lead Acid Battery Marking Requirements

Lead-acid batteries intended to be reclaimed are exempt from nearly all hazardous waste requirements, including the satellite and accumulation point container marking requirements, and those for universal wastes. Because some states have requirements that are more restrictive that the federal standards, state regulations for lead-acid batteries should be reviewed to confirm the applicability of this exemption in your state. For more information, please click here.

EPA Notification When Changing Hazardous Waste Contact Person

With few exceptions, every hazardous waste generator, transporter, and facility that treats, stores, or disposes of hazardous waste must have an EPA identification number. This number is obtained through the submission of EPA Form 8700-12 which requires, in part, the name and telephone number of a facility contact. EPA requires the form to be updated whenever there is a change in the facility contact information. Other conditions requiring an update to the form are listed in the Form 8700-12 instruction booklet, which can be downloaded from EPA's web site.

What is A DOT Material of Trade and Why is it Important?

DOT allows for some otherwise fully regulated hazardous materials to be transported in commerce without being subject to the requirements of the hazardous materials regulations as long as certain conditions are met. Please click here for information.

When Does Flammable Parts Washer Solvent Become Hazardous Waste?

During the period in which parts washer is functioning as a process unit, and any waste that may be generated while the parts washer is functioning is exempt under 40 CFR 261.4(c). This regulation concludes with the two conditions under which the exemption no longer applies: as soon as the solvent is removed from the parts washer, or after it remains in a non-operating unit for more than 90 days. Consequently, the solvent becomes a hazardous waste the moment it is removed or replaced, or the moment after which the parts washer has been unused for 90 days.

What Does it Mean When the Letter "I" is in Column 1 of the Hazardous Materials Table?

The symbol "I" in Column 1 of the Hazardous Materials Table (HMT) identifies the proper shipping names that are appropriate for use when describing materials intended for international transport. A different proper shipping name must be used when domestic transportation is involved for that material.

For example, Sulfur, 4.1, UN1350, III would be appropriate for international shipments of sulfur. For shipments of sulfur by ground within the U.S., the appropriate basic shipping description is Sulfur, 9, NA1350, III.

What Does it Mean When the Letter "G" is in Column 1 of the Hazardous Materials Table?

The letter "G" in Column 1 of the Hazardous Materials Table (HMT) indicates that proper shipping names with this designation be supplemented with the technical name(s) of the hazardous materials in association with the basic description; for example; Corrosive liquid, n.o.s., (caprylyl chloride).

When more than one substance contributes to the hazardous nature of the material, at least two technical names must be listed; for example; Corrosive liquids, n.o.s., (sodium hydroxide, potassium hydroxide).

What Does It Mean When the Letter "D" is in Column 1 of the Hazardous Materials Table?

The letter "D" in Column 1 of the Hazardous Materials Table (HMT) indicates that the associated proper shipping name is appropriate to use when shipping that material domestically, but it may be inappropriate for use in international transportation under the international, air, and vessel regulations. Shippers may have to choose another proper shipping name when international transportation is involved.

For example, Diesel fuel, NA 1993 is a proper shipping name recognized by DOT for domestic transportation, but the entry appropriate for international transportation is Diesel fuel, UN 1202.

Hazardous Material Shipping Paper Retention Rule Amended

DOT’s Research and Special Projects Administration has amended the Hazardous Materials Regulations to require shippers and carriers to retain shipping papers, or an electronic image thereof, for a period of 375 days after the date the hazardous material is accepted by the carrier. The previous requirement for retention was one year. Please click here for full details.


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