Document ZJ2j5eBeQ43kJDwX30Kmqwp1p

INTERNAL CORRESPONDENCE METALS DIVISION )*/ ........................... 'J rj -j , P. 0. BOX 573^4625 ROYAL AVE., NIAGARA FALLS, NEW YORK 1 430 To (Name) Division Location Copy to MSSSTS, Messrs. T. R. Alexander ' S. Hoffman , W. G. Kahle.r II J. L. Myers E. W. Shortridge F. J. Shortsleeve G.'R. Adams J. P. Benmore R. G. Beverly J. H. Cleveland R. F. X. Fusaro E. W. Kantz K. C. McManus E. T. Woods Date s Originating Dept. Answering letter date Subject December 21, 1978 "Calidria" Asbestos Transportation of Asbestos: DOT Docket No. HM-160 R.l.2.3. (HM-160) On December 4, 1978, the Department of Transportation promulgated a regulation which requires "commercial asbestos" to be shipped as a hazardous material under an ORM-C classification. The effective date is April 30, 1979. The regulation was considerably moderated from their original proposal but still appears to present several significant problems to our business. A summary of the regulation was provided by Mr. W. G. Kahler II on December 8, 1978. The attachments to this letter present more details of the regulation including excerpts of the directly relevant sections and describe the packaging and shipping procedures now used for "Calidria" asbestos. An assessment of the possible impact of the regulation on the asbestos business has been made. This assessment suggests that it is reasonable to assume that bulk hopper cars and our present polyethylene overwrapped bags . unitized in pallets will be acceptable packaging. If this is correct, we are left with two main problem areas: shipments of about 4000 T/year ($538,000) to the oil well drilling industry and about 9000 T/year ($2,400,000) overseas. Both of these applications have the common problem that individual bags are hand-stacked in railcars, trucks, or shipping containers so that the new require ment of unitized and overwrapped pallets is not met. In the drilling industry it would be technically feasible to use palletized material as far as the local warehouses at an incremental cost, to Union Carbide of about $9 per ton. The one ton pallets would be extremely cum bersome if not largely unacceptable in the local distribution of the asbestos to the final user. For overseas shipments the incentive for hand loading is primarily cost. The incremental cost for unitized loads would range from about the same UCC 009150 -2- December 21, 1978 $9 per ton for asbestos pellets.to substantially more than that for the'very light RG-244. The added difference is due to inefficient utilization of container space. In view of the impacts outlined, the following alternative actions are outlined for your consideration: 1. Move to unitized packaging for the products now shipped in individual bags at the added costs to ourselves and to our customers. Sacrifice the portion of the business that cannot adapt. For the drilling industry we might, at further added cost, consider a pallet with four units of ten bags each which could be broken out into individual units. 2. Petition DOT for a reconsideration for individual overwrapped bags for such things as tightly packed trucks, railcars and containers and for short haul deliveries. It is hard to see how these present any significant threat to the environment. 3. Attack the regulation directly in the courts. The DOT justi fication that the present method of asbestos shipments causes a significant release of the hazardous materials t'o-. the environment is extremely tenuous and is backed by no data . whatsoever, on such release. A petition for reconsideration must be received by the DOT by January 4, 1979. Considering the potential cost impact on our business, it is recommended that we examine carefully whether a reasonably supportable petition can be prepared. At Mr. Kahler's suggestion, this will be explored with Mr. Stan Hoffman during the week of December 24, 1978. Comments and suggestions from all recipients of this letter are requested as soon as possible. HBR:dal Attachments 7V-A PJLurJU H. B. Rhodes UCC 009151 DISCUSSION OF THE IMPACT OF DOT DOCKET NO. HM-160 ON THE "CALIDRIA" ASBESTOS BUSINESS Synopsis and Comments - Regulatory Requirements A copy of the new regulation is attached. It is noted that-most of the Federal Register Notice is preamble and the regulation itself consists of a very short insertion of asbestos into Part 172 which starts at the bottom of the third page. Basically, the regulations define "asbestos" to include all the usual forms of this mineral. Applicability is limited, however, to "commercial asbestos" i.e., "any material or product containing asbestos that has commercial value because of its asbestos content." Further exceptions are provided for asbestos immersed or fixed in a natural or artificial binder material and for products or materials whose commercial value is not dependent on the asbestos content. Specific, but not exclusive, examples of appropriate binders listed are cement, plastic, asphalt, resins or mineral ore. It appears from this that the transportation of our ore from the mine to the mill would not be subject to these regulations. Similarly, our customers1 products would generally not be covered except where the asbestos per se is the product or is part of a dry blend. Dry-mix texture paint and the now defunct tape joint compounds are examples of such products. The question has been asked whether our pellets might be an exempt product due to their physical form. Actually, no binder is added and in normal handling and shipping a substantial proportion of the pellets are broken into a course granular form with some fines. Exemption on this basis does not appear to be a viable assumption. , Commercial asbestos which is not covered by one of these exemptions must be transported in: 1. Rigid, airtight packagings such as metal or fiber drums, portable tanks, or 2. Bags and other non-rigid packagings that are dust and sift proof. When the non-rigid packagings are used they must be pal/letized and unitized. An exception to the palletizing requirement, only, is made for nonrigid packages transported by highway by private carrier. There is also a general and vaguely defined requirement applicable to transportation by rail, air, vessel, and public highway that asbestos must be loaded, handled, and unloaded and any asbestos contamination be removed ". . . in a manner that will minimize occupational exposure to asbestos particles released incident to transportation." Finally, asbestos is classified as "Other Regulated Material", Class C i.e., (ORM-C). ' The designation of asbestos as an ORM-C material carries with it a number of important obligations for both the shipper and the carrier. These / UCC 009152 2- - include possible incident reports by the carrier (H171.15), the shipper's responsibility that the material is properly packaged and in condition for shipping (nl73.22 and 173.24), shipping paper requirements for air and water shipments (H172.200), and general marking requirements (Subpart D, ir 172-300, 172.304, 172.306, 172.308, and 172.316). The sections listed are attached for reference for the convenience of thosewhodo not have access to the DOT regulations. Certain highlights are noted as follows: . 1. 171.15 Incident reports. This is a requirement by the carrier to provide an Immediate telephone report followed by a written report to the DOT for certain direct results of the release of hazardous materials. The only criteria listed which might apply to asbestos is Item (a)(6) "in the judgement of the carrier. . "a continuing danger to life exists at the scene of the incident." This wording really does not fit the small probability of a hazard far in the future as a result of a present exposure to a carcin ogen. Considering the publicity that asbestos has had, however, it is quite possible that the carriers might decide to report any large scale damage that might occur. There does not seem to be any reporting required if a shipment arrives with an occasional broken bag. 2. Linder Part 172, "Subpart C - Shipping Papers", papers are required for air and water shipments only. These must include a certifica- . tion by the shipper under paragraph 172.204 that all of the appro priate requirements of the DOT regulations have been satisfied. Union Carbide ships very little asbestos by air and a substantial amount by water. This requirement seems to add only a moderate increase in routine paperwork. 3. The marking requirements of Part 172, Subpart D must be followed. Each package of commercial asbestos must be marked in a prescribed way with the words "Asbestos" 0RM-C. It has been ascertained by Mr. Kahler that hopper cars must be marked with the same words but that the size and manner of the markings are not defined and are left to the discretion of the shipper. It would appear that the simplest way to satisfy this requirement for bag shipments would be to print the DOT marking on each bag so that it would appear on "at least one side or end" of each pallet. This part also includes the same certification require ment that appears on shipping papers, i.e., the marking certifies that all DOT requirements have been satisfied and the packages are in proper condition for shipment. 4. Certain of the general requirements under Part 173, Subpart B also apply. These cover shipper responsibility and general pack aging requirements that do not appear to add significantly to the special provisions for asbestos contained in the other sections. ,UCC,009153 -3- Packaging and Shipping of `'Calidria'' Asbestos "Calidria" Asbestos comes in two forms; pellets about 3/8" in diameter, and finely-ground (opened), fluffy material. A substantial portion of the pellets are shipped in bulk hopper cars. The remainder of the pellets and all of the opened materials are shipped in valve-pack bags. Most of the bags are of multi-wall, kraft paper construction, but polyethylene is required for a limited number of uses. The valve pack bags have self-sealing holes to permit the escape of air during filling. The ability to vent air is particularly critical with the opened products which are packed by means of compressed air. When the packer nozzle is removed from a valve-pack bag, a small amount of loose asbestos frequently remains in the valve. In order to seal this material in and to provide added strength to the package, most of our paper bags, are covered with a shrink film of polyethylene. For certain appli cations for both paper and polyethylene bags, the bags are added unopened to the process so the shrink film is not used. The bags are shipped to the customers in either of two ways: 1. Individual bags hand-stacked in rail cars, overseas shipping containers, or in trucks (generally common carrier). 2. Glued pallets with polyethylene shrink film over the entire pallet. . Limited exceptions are made in both of these methods to accomodate customer needs. These include pallets of paper bags without overwrap held together by the pallet overwrap only, glued pallets of polyethylene bags without pallet overwrap, and individual bags without overwrap hand-stacked in containers. Possible Impact of Regulations on Shipping Procedures General Considerations There are a number of "gray" areas in assessing how the new regulations impact on our present shipping methods. Consider first the hopper cars. Trans portation by "rigid, airtight packaging such as metal or fiber drums, portable tanks . . ."is permitted. It has been ascertained by Mr. W. G. Kahler (letter of December 8, 1978) that such cars are acceptable to DOT provided that they are "airtight". "Airtight" does not appear to be defined anywhere in the regulation. This question has been discussed with Mr. Shortridge and he feels that a good case can be made that the hopper cars are airtight. They also seem to meet the general criteria for packaging of H173.24. It would appear that our hopper car shipments conform to the new.regulations. . The next critical question is whether our bags are "dust and sift proof". (Note that the requirement here is not "airtight".) This phrase, also, is not defined and needs to be considered alone and in the light of the general requirements of UT73.24 attached. . When the shrink film equipment is operating properly, the packages appear to meet any reasonable interpretation of this requirement. When not in proper adjustment, it is quite possible to have gaps in the wrapping where the UCC 009154 material left in the spout can leak out during handling and shipment. Although the total leakage in any shipment would.be small, it would appear that any bags which are improperly wrapped would not satisfy the regulation. Added attention to quality control and inspection at an added cost may be necessary here. The bags which are not overwrapped would not appear to be acceptable as dust and sift proof.. Shipments of Individual Bags - Drilling Mud Industry Assuming that it is agreed that our shrink film bags can be made to meet the "dust and sift proof" criteria, the additional palletizing and shrink wrapping that is our current practice should pose no problem or further addi~ tional expense. The main remaining difficulty would be for the substantial volume of shipments where the bags are packed individually and are not unitized or palletized. The domestic shipments of hand-stacked bags (all overwrapped) are mainly for the drilling mud industry. The product goes from our plant by rail or truck to a multiplicity of warehouses. It moves from the warehouses to the drilling rigs in lots typically in the range of 10 to 30 bags in trucks that are generally operated by small local carting companies who are hired on a spot basis. They are generally not private carriers so the private carrier exemp tion would not apply. The rigs do not have fork lift capabilities and all mat erials are handled in individual bags. Unused material is returned for credit and sold again. This entire industry is both highly competitive and oriented to the handling of large amounts of various materials in individual bags. Standard practice is to minimize inventory at the wells and to receive all materials in frequent, relatively small, shipments. Our incremental cost to supply unitized pallets is about $9 per ton. It is generally technically feasible (but obviously more costly) to ship by _ pallet via rail or truck to the distribution warehouses. Pallet shipments to the rig locations would be extremely cumbersome and would result in a substantial drop in the use of asbestos in this application. In the drilling of an oil well, asbestos performs certain spot func tions in a uniquely effective manner. It continues to be used widely in spite of the burden of very restrictive occupational and environmental regulations. There are, however, other generally less effective ways to achieve similar end results. We are not in a position to argue that asbestos is absolutely essential to oil well drilling. The only way that we can see to comply with the new regulations in this application is to ship on smaller pallets i.e., 10 or 20 bags per pallet. Obviously, our incremental cost would be at least double ($18/ton) for 20 bag units and quadruple ($36/ton) for 10 bag units. For material that now sells for $136/ton these represent very substantial cost increases. It is evident that some relief is urgently needed. As a minimum, we need to convince the DOT that local deliveries to the end user (or returns to the supplier) of individual, undamaged, dust and sift proof packagings will not present a danger to the public or the environment. It is a proven fact from our shipping experience that hand-stacked cars and trucks arrive in much better con dition than when pallets are used. When bags are individually loaded, the vehicle UCC 009155 -5- is loaded tight from side-to-side and end-to-end and there is no movement during transportation. Shipment of Individual Bags - Overseas The other large scale use of unpalletized bags is in export shipments. Here the bags are hand-stacked in ocean containers. Both uncovered and over wrapped bags are shipped in this manner. This method of shipment is used for several reasons: 1) Hand-Stacking prevents, bag damage due to shifting loads, 2) some consignees do not have forklift unloading equipment, 3) container space can be better utilized, which is especially important for our open fiber products such as RG-244 which has a shipping density of almost 400 cubic feet per 2000 lbs., and 4) reduced packaging and shipping costs. The problem here, for the bags that are overwrapped, is quite similar to the drilling industry, i.e., substantial incremental costs at no demonstratable gain in control of fiber release and a significant portion of the consignees who must handle individual bags. We need to obtain relief here on the basis that the containers provide adequate protection as long as the dust and sift proof bags are properly stowed and secured. The shipment of individual bags which are not overwrapped clearly does not meet the "dust and sift proof" requirement and presents a special problem. The personnel at our plant wear respirators while loading the containers as an extra precaution even.though the OSHA standard for occupational exposure is not exceeded. The use of sealed ocean containers does not present.any hazard to the public or to the environment; but, considering the adverse publicity that asbestos is receiving today, the DOT may not accept this position. We probably need to either abandon this method of shipment or find a way to make these bags dust tight without overwrapping. For pellets packed in paper bags this might be done with sewn-top bags but the added cost for new equipment and space limitations at the plant do not make this attractive. The thread used for sewing also may hot be compatible with the end use where the bags are not opened. For opened product in paper bags there is no known way to achieve dust tight condition. The plastic bags are not currently used for overseas shipments. Special Problems - Domestic Shipments Two special situations remain. First, plastic bags without overwrap are shipped to certain customers on glued but not overwrapped pallets. The bags are added directly to the system and polyethylene overwrap is compatible. It may be possible to overwrap the entire pallet to make it an acceptable non-rigid packaging, i.e., one which is dust and sift proof. It is not clear whether this really satisfies the regulation. . Paper bags without individual overwrap are shipped to the Oakland Bay area on pallets held together by the pallet overwrap only. Better overwrap to make the package dust and sift proof may be possible or arrangements for ship ment by private carrier might be worked out to solve this problem. UCC 009156 6- ~ Suggested Course of Action In view of the problems described, the following course of action is suggested: 1. Satisfy ourselves that the assumption that the hopper cars are air-tight is valid and defensible. 2. Satisfy ourselves that the overwrapped bags meet or can, with reasonable effort, be made to meet the "dust and sift proof" requirement. 3. Assuming Items 1 and 2 are correct, petition the DOT to recon sider the unitized pallet requirement for "dust and sift proof" packages for local shipments to end users, and for properly packed and secured shipments in ocean containers, railcars and trucks. 4. If either Items 1 or 2 are incorrect, revise the content of the petition to cover the problem. 5. In the event that these administrative procedures do not achieve a viable solution consider the usefulness and practicality of of court action to have the regulation set aside. The basis here would be the failure of the DOT to show a proper statutory justification for the regulation. UCC 009157 TRANSPORTATION OF ASBESTOS 43 CFR, No. 233 - Monday, December 4, 1978 UCC 009158 56664 RULES AND REGULATIONS [4910-60-M] Title- 49--Transportation the MTB. All submissions, including late submissions, that were received on the proposal were fully considered by transportation during the year (one! out of a thousand) and if on the aver- age 1 percent of the contents of the j CHAPTER l--RESEARCH AMD SPECIAL PROGRAMS ADMINISTRATION, DPARTMSNT OF TRANSPORTATION fDockeJ No. HM-lSf); Amdt. Nos. 172-47. 173-123. 174-33. 175-7, 175-6, 177-44] TRANSPORTATION OF ASBESTOS - Miscellaneous Amendment AGENCY: Materials Transportation Bureau, .Research and' Special Pro grams Administration, DOT. ACTION: Final Rule.- ' ' SUMMARY: These amendments re quire shipments of commercial asbes tos fibers to be packaged in rigid, air tight or dust and sift proof paekagings. Except when the shipment is by private carrier, non-rigid packages, such as bags, must be palletized and unitized using shrink-wrapping or strapped fiberboard wrapping.-These amendments represent minimum safety requirements and are intended to reduce the risks to the public health associated with the generation of airborne concentrations of asbestos that may result from the packaging and handling of asbestos fiber ship ments in commercial transportation. EFFECTIVE DATE: These, regula tions are effective April 30, 1979. the MTB in the development of this final rule. Need To Regulate tite .--Transportation of Asbestos - 1 Several commenters felt that the MTB had failed to establish a need to regulate the transportation of asbes tos. One of the commenters suggested that there was no need for the pro posed regulatory control of asbestos in transportation -because- the' "methodsand procedures. now in use for the packaging, and transport of asbestos meet. the requirements of Part 173. 24(A)(sic) of the Transportation Act, that is `under conditions normally in cident to transportation there will be no significant release of the hazardous materials to the environment' and `the effectiveness of the packaging will not be substantially reduced * * * (t)he proposal contains no documentation to justify additional regulation." This commenter. while apparently believing that asbestos is a hazardous material, was incorrect in suggesting that asbes tos is currently regulated by the MTB; or in suggesting that the purpose of Notice 78-3 was to justify the addition al regulation by the MTB of asbestos in transportation. The transportation of asbestos is not now regulated by the MTB. It was precisely the purpose of Notice 78-3 that it should be. If, as the bags so damaged were released, the j total amount of asbestos released per j year would equal about 7.5 tons. These ; calculations give a general idea of the ' magnitude of asbestos fiber that ! would be released, given a S9.9 percent j efficiency factor for "bag integrity" in ! transportation, and a 99.0 percent effi- : cier.cy factor in. minimizing the : amount of asbestos released given a ' tear in the bag. The rather evident j . fact that asbestos has been accidental- ; ly released during transportation has : not. been contradicted by anything i submitted to the public docket on this I rulemaking .action. One commenter, j for example, in discussing the use of. i open-bed trailers with side racks and j tarpaulins to transport asbestos stated j that there is no evidence that the use'] of such trailers "has contributed to i bag breakage and" the release of air- j borne concentrations of asbestos d fiber." The Asbestos Information Asr -i sociation, an incorporated nonprofit ' organization representing 51 firms in. the United States and Canada engaged in the manufacture or processing of asbestos-containing products and the. mining/milling of asbestos fibers, stated that with "the very large volume of asbestos shipped, occasional container damage may occur." --- ' Although several commenters who discussed this matter do not contend ADDRESS: All written comments re commenter suggests, the transporta that asbestos has not been released in ceived in this rulemaking action are tion of asbestos is now "in compliance transportation, they generally are of available for examination during regu with pertinent provisions of the Trans the view that the amounts that are lar business hours in the Dockets portation Act," this rulemaking action being released are not significant or of Branch, Room 6500, -Trans Point will formalize and insure in a uniform a sufficient amount to pose an unrea Building, 2100 Second Street SV/., arid systematic manner that this is the sonable risk to public health. The Washington, D.C. case. . ' . MTB does not agree: it believes that FOR FURTHER INFORMATION CONTACT: Douglas A. Crockett, Standards Divi sion, Materials Transportation Bureau, Research and Special Pro grams Administration, 2100 Second Street SW., Washington, D.C. 20590, phone 202-426-2075. Another commenter stated that Notice 73-8 did "not establish a foun dation for regulation, in that it does not document, or even allege for that matter, the actual release of fiber during the transportation of asbestos." As was pointed out in Notice 73-3, the MTB has "no detailed information on the amount of asbestos fibers released the amounts of asbestos fibers that are being released now, or would be re leased in the future, in the absence of these amendments, may pose an un reasonable risk to health. . ' Several commenters were concerned with the statement appearing in Notice 73-3 that ``asbestos in its sever al commercial forms, poses serious SUPPLEMENTARY INFORMATION: during transportation." The MTB does health hazards to individuals subject On March 2,1978, a notice of proposed not now regulate asbestos, and`has not to long term exposure to airborne as rulemaking (HM-160; Notice 78-3) was therefore systematically collected acci bestos concentrations." One com published in the Federal Register (43 dent data on the amounts of asbestos menter stated that "not all long-term FR 8562) stating that the MTB was released in transportation or data on exposures to airborne concentrations planning to exercise regulatory con the. frequency of such accidents. Most pose any health hazards * * An trol over the transportation of asbes asbestos fiber, however, is currently other commenter suggested that the tos. Specific regulatory requirements shipped in bags, and It Is undeniable statement needed "more explicit defi were proposed for the control of cer that these bags can and do break, or nition" and that "reference should tain forms of asbestos (e.g., milled or can be and are being tom or punc have been made to unanswered ques crude asbestos fibers). No require tured. with a consequent release of tions within the scientific community ments were proposed for asbestos some or all of the bag contents. It can concerning mineral type, fiber size and fibers which are immersed or fixed in be speculated, moreover, that if all of smoking in the asbestos-cancer rela a natural or artificial binder material, the 750,000 tons of asbestos annually tionship." One commenter stated that or for manufactured products contain shipped In the United States were there is a dose-response relationship ing asbestos. Interested persons were packaged in, as one commenter states, between exposure to asbestos and dis invited to participate in the rulemak the ``standard package" of a 100-pound ease causation, and that this conclu ing proceeding through submission of bag; and if as little as one-tenth of one sion is supported by an 03HA state written comments on the proposal to percent of these bags were damaged in ment from its June 7, 1S72 preamble FEDERAL REGISTER, VOL. 43, NO. 233--MONDAY, DECEM3S* 4, 1978 UCC 009159 56665 RULES AND REGULATIONS transportation, it is by no means cer stances and causes for such release, istration (OSHA) on labeling require tain. that the pace of such technologi the MTB is in general agreement with ments for asbestos convey much more cal improvements is rapid enough or the thrust of these comments; accord information than an ORM-C marking that the best, economically feasible ingly, a new paragraph (d)(2) recog requirement. These commenters were technology is being considered. How nises less restrictive handling of apparently . not completely familiar ever, the classification of asbestos as bagged asbestos than was proposed. with the marking requirements associ an ORM-C will, for the first time, re quire the submission of incident re ports to the MTB by carriers of any unintentional release of asbestos during transportation, and enable the Sections 174.840, 175.640, 176.906, 177.844 . In these Sections, Notice 73-3 had proposed that, incident to its transpor ated with ORM-C designated materi als. The ORM-C marking -not only warns when a package contains haz ardous material, but it is also a certifi cation by the person offering the MTB to monitor the safety perform tation. asbestos must be loaded, han- package for transportation that the ance. record associated not only with died, and any asbestos contamination material is properly described, classed, the transportation alternatives availa removed, in a manner that will prevent packaged, marked, and labeled (when ble under current" technology as pro occupational" exposure to airborne as appropriate) and In propen condition vided for by these amendments, but bestos particles (emphasis added). for transportation according to appli also with any improvements in that Some cominenters objected to the cable reg cions of the Department. technology. For these reasons, the substance of proposed J ITS.lOSQCcXl) is being re-, tained bat modified to- reflect an even broader range oE permissible rigid, air word "prevent." believing that this, word was intended to mean completely precluding the possibility of an acci dent occurring in- which asbestos fibers would be released; or completely iso Neither function precludes or pre empts OSHA. labeling requirements or creates "contradictory regulatory re quirements for labeling" as one com menter suggested. For these reasons, tight packaging alternatives. This sec- lating people Involved in the transpor tion not/ is identified in this amend tation. loading and unloading of. ashesment as 173.1G9CKd)( 1> because of the tos from exposure to asbestos fibers no changes have been, made with re spect to any marking requirements for- asbestos packages. addition of new paragraph (b). from whatever source such fibers were . Section 173.1090(c)(2) " generated. One commenter pointed put that with "the very large volume of asbestos shipped, occasional con* EcoyoMic/Is;~L.\rtOH.\zr Impact ^ ... , '* Proposed paragraph (c)(2) of Notice 73-3 covered the transportation alter native of shipping-commercial asbestos" in bags when in closed, freight contain ers. motor vehicles, or rail cars that were loaded by the consignor and .un loaded by the consignee. Several comreenters noted that, unless reliance was placed on using the rigid, airtight -packaging alternative provided in the proposal, this alternative would pre clude the shipment of asbestos fibers by open-bed trailers. One commenter noted that there is "no evidence to in dicate that the use of open-bed trailers with side racks and tarpaulins has con tributed to bag breakage and the re lease of airborne concentrations of as bestos fiber." Another commenter noted that the' type of bag permitted by proposed paragraph (c)(2) was not specified, and that the shipper could package asbestos in burlap bags, or very thin paper or polyethylene bags tainer damage may occur." Another In reviewing the potential economic commenter pointed out, although in a and inflationary impacts associated somewhat contradictory fashion, that . with the final rule, the MTB has de since "asbestos is ubiquitous," there termined that such impacts will be fore "airborne levels of asbestos fibers minimal. Based on the comments re cart be present in any place of employ ceived, and the consequent modifica ment, regardless of whether or not as tion of Notice 78-3, the only economic, bestos or products containing known costs associated with final amendment quantities of - asbestos are handled" pertain to the reporting requirements, (emphasis added). The Asbestos Infor to be submitted to MTB on the acci mation Association In its comments dental releases of commercial asbestos, stated that - "asbestos is ubiquitous, "fibers during or" incident to transporta and there'are no workplaces where tion. The absolute annual magnitude there is zero occupational exposure to of these costs will be, of course, a func asbestos'' (original emphasis). If tion of the total number of incident Notice 73-3 was not as clear as it reports that are submitted on acciden- might have been on this point, it is . tal releases of asbestos fibers; but in only necessary to say that the basic view of the -undisputed "grave conse purpose of these amendments is to quences from exposure to asbestos minimise the exposure to airborne as fibers, these reporting requirements bestos particles accidentally released will not impose an unnecessary burden during or incident to transportation; on the economy, on individuals, or on: and appropriate changes to Parts 174, public and private organizations. 175, 176, and 177 have been made to In consideration of the foregoing. reflect this purpose. Title 49, Code of Federal Regulations, which could permit asbestos fibers to be easily released into the air during, ORM-C Classipication . Parts 172, 173, 174. 175, 176. and 177 are amended as follows; . "" transit. Another commenter was con Notice 78-3 proposed that the classi cerned with "small volume users of as fication for "asbestos" would be as an bestos and customers who, from time to time, require sample shipments for trial production runs of'a few hundred pounds." and who under ORM-C, (Other Regulated Material. Group C). Several commenters were uncertain and concerned about the marking requirements associated with PART 172--HAZARDOUS MATERIALS TABLE AND HAZARDOUS MATERI ALS COMMUNICATIONS REGULA 173.1090(e)(2) would be forced to ac ORM-C classifications. One com TIONS quire the exclusive use oE a railcar or menter noted that the designation highway trailer, or rely on the alterna ORM-C would "carry no meaningful tive provided by 173.1090(c)(1). warning to the person handling or 1. In 172.101 the Hazardous Materi Given the lack of detailed data on opening the package," Another noted als Table is amended by adding a new the amount of asbestos fibers released that the present regulations of the Oc entry, immediately following "Arsine," in transportation and the circum cupational Safety and Health Admin to read as follows: . v FEDERAL REGISTER, VOL. 43, NO. 233--MONDAY, DECEMBER 4, 1979 U.C.C..009160, 55663 RULES. AND REGULATIONS, PART 173--SHIPPERS--GENERAL RE- and unloaded, and any asbestos con GU1REMENTS FOR SHIPMENTS AND tamination of- aircraft removed. In. a PACXAGINGS manner that will minimize occupation 2. Section 173.1090 is added preced al exposure to airborne asbestos parti ing Subpart N to read as follows: -. cles released. Incident to transporta 173.1090 Asbestos. (a) Asbestos includes any of the fol tion. (See 173.1090 of this sub-, chapter.) ' . . -s lowing hydrated mineral silicates: chrysotile. crocidoh'te. amositfi; ancho- phytiite asbestos, tremolite asbestos, actinolite asbestos, and every product containing any of these minerals. (b) Commercial asbestos is any mate rial or product containing asbestos that, has commercial value because of its asbestos-content. ' PART 176--CARRIAGE BY VESSEL 6. Section-17S.90B is added to read as ..follows: ' 175.906 Stowage and handling of asbes-; tos. .- '1 j (c) Asbestos which is immersed-of- - - Asbestos- must be stowed^ handled,.; fixed in a natural or artificial binder material (such as cement, plastic, as phalt, resins or mineral oi;e> and man ufactured products containing asbes tos or any materials.or products whose and unloaded, and any asbestos con tamination of vessels removed, in a manner that will minimize occupation al exposure to airborne asbestos parti- ' mmmsrcis.' value is not dependent on' cles "released incident-to*tmnsporte--- their asbestos content, are not subject tion. (See 173.1090 of this sub ed the requirements -of this sub*- chapter.) - chapter. ' (d) -Commercial asbestos must be of fered for transportation and trans ported in-- . PART 177--CARRIAGE BY PUBLIC (1) Rigid, airtight packagings such as metal or fiber drums, portable tanks, or (2) Bags and other non-rigid packag HIGHWAY . 7. Section. 177.844 is added to read as follows: ' - ' ing that are dust and sift proof. When transported by other than a pri- 5.177.344 . Other regulated materials. vale, carrier by highway, bags and" other non-rigid packaging containing Asbestos must be loaded, handled, asbestos must be palletized and unit- and unloaded, and any asbestos con iced by methods such as shrink-wrap tamination 'of transport vehicles re- ) ping in plastic film or wrapping in- fi- moved-, in a manner that will minimize .; berhoard secured by strapping.. occupational exposure to airborne as- bestos particles released incident to PART 174--CARRIAGE BY RAIL 3. A Sub part M Heading is added im mediately following 174.312 to read as follows: Subpart M--Detailed Requirements for Other Regulated Materials transportation. (See 173.1090 of this subchapter.) - (49 U.S.C. 1303, 1804, 1303: 49 CFR 1.53(e).) Notr.--The Materials Transportation Bureau has determined that these amend- meats do not require a regulatory analysis under the items of Executive Order 12044 4. Section 174.340 is added to read as follows: and DOT implementing procedures (43 FR 95321. A regulatory evaluation is available for review in the dochet. 5 174.$40 Special Soaring and handling requiremcnts for asbestos. Issued in Washington, D.C., on No Asbestos must be loaded, handled, vember 27, 1978. . and unloaded, and any asbestos con tamination of rail cars removed, in a' manner that will minimize occupation al exposure to airborne asbestos parti cles released incident to transporta tion. (See 173.1090 of this sub chapter.) L. D. Santman, . director. Materials Transportation Bureau. IFK Doc.*73-33771 Filed 12-1-78; 8:45 am) . PART 175--CARRIAGE BY AIRCRAFT 5. Section 175.640 is added to read as follows: 175,640 Special requirements for other regulated materials. Asbestos must be loaded, handled, UCC 009161 EXCERPTS FROM DOT, MTB HAZARDOUS MATERIALS REGULATIONS UCC. 00.9.16.2 INCIDENT REPORTING : iris in duplicate on DOT. Form F 5800:1r 1 ..to-the Department within 15 days of tee - ` date of discovery, each. Incident that oc--J curs during the course;cf transportation r ; (including-ioading,.tmloading;'or tempo- - ..rury storage) in which, as a direct result .- of the hazardous materials, any of the - circumstances set forth in 5 171.15(a)- occurs or there-has- been an unlnten-., nolice^ oE- eerlajn.T .tianah'releasa^of. hazardous materials, .hazardousmaterialsincidents. frouna-package tincludihg a tanhlr.v-^.: :: () --EAtM.thhT* earliest >pradlcabl9ijTTrib) Eacht .carrier1 ...making - a . report. - moment,.; each, carrier who transports; Under this section shall send that, report - hazardous materials shall give notice in.- ; to.,the- ..Secre Urjr, Hazardous Materials - accordance with- paragraph <b> - of this,; ^Regulations- AEoard. ^Department of _ section during after each. incident,-that' occurs-; tea course of transportation (in- :Transportation, Washington, D.C. 20S30- ciudtee'loa'dlng.'.'tizUpadlng and;tempo-v!Jj'sjadt.' m-T.33-piti-iepr^oct..sr-1970j-.iz.k rary storageh-imwhich as adirectresuit-' of hazardous interiala~'?..-.- .ViSvS (1> Aper3oniskiUed:'j^i:-7'T^rjl'/'5^-ft; (2) A-person receives injuries requir-: Ins his hospitalization;>u.yy^&q:: . (3> Estimated carrier'or.otherdprop-j erty,damage exceeds .$50,000;-,; -`h C4)''Jlre,-breakage^; ispl2Iaser:'or:'stts^ pectediradioactive. contamination- occurs-' involving- shipment-of radioactive mate-i riaL (See; also 5174.588(c) (1) , .175.655; (J) (31,'and 177.8S1 (aj '.of.this chapter.! or ` -- P (5)--Fire, nbreaJcagev -spIliage^or:-sus-~ pected-':; contamination `occurs' 'involving;. shipment'df.etiologiCragentsh.onii^STS;? () A siteatipmexista.ofisuch: a" riaturera -that, in the judgmentrofTthecarrier, At:| should' be' fepprted.-ihiaccordaricerwitea . paragraph. - (bV' of section- even'-j though:, ihdoes'riofc'ineet-the.'criteriaof^ paragraph (a>(l),,(2),or (3) of this sec-"! tion; e.g^ a -contiriutng-dariger i of life;- exists at.the scene-of the incident;* (b) Each-noticehcequired-by paragraph^] (a) of this section, shall be;given the De--.' partment by. telephone * at Area Ccde(202) 426-183 CL Notice involving' etiologic- agents may be given the Director,'Center.- for Disease Control 1X3.' Public- Health Service, Atlanta, Ga- Area;,Code~(404)-- 633-5313, in place of the notice to thei, Department, Each notice -must- include i the following Information: (1) Name of.reporter; ** -- (2) Name end address of_carrlerrfep-.;: resented by reporter. '"`"h (3) Phone number where reporter can, be contacted. - ' / (4) Date, time, and location of Incl- dent. . r-. --.y.'. -rtf-7 (5) The extent of Injuries, if. any. .' _ (6) Classteeation,' name, and quantity:- ol hazardous materials involved. If such", information is available. ; . -- (7) Type of incident and-nature of hazardous' material involvement and.: whether a continuing., danger to-.life , exists at the scene, :" ; ' 1, ' : ,"7--; : V (c) Each carrier making a . report.. ur.der this section shall also.make the, report required by I lfJLIK . " i-U-Edt. 171-7. 35 FJH. 16337^-Oct. 3. 1970, as nm"T-.leu by Arait. 171-13,-33 21301, ^Of. 4, 1971; Arndt. 171-13, 33 PB BIBS, 1973J . ..- - S 171,15 Detailed hazardous materials incident reports. - .. (a) Each, carrier . who transports r hazardous materials shall report In writ- - 7- - MARKETING Subpart D---Marking 172.300 General marking require* menu. Except as provided in this section, H 172.302 and 172.316, and Part 173 ol this subchapter,-each person who offers a package containing a.hazardous mate rial for transportation shall mark the package with the proper shipping name required by | 172.101. However, when it has been determined by the shipper that a package has been previously marked as required for the material it contains. It need not be re-marked. 172.304- Marking specifications. ta) The marking required in this subpart--(1) Must be durable,-in English and printed on or affixed to the surface of a package or on a label, tag, or sign. (2) Must be displayed oni a background of sharply contrasting color; (3) Must be unobscured by labels or attachments; and . <4) Must be located away from any other marking (such as advertising) that could substantially reduce its effective ness. 172.306 Consignee's name and ad dress. (a) Each package containing a haz ardous material offered for transporta tion must be marked with the name and address of the consignee except when the package is--(1) Transported by highway and will not be transferred from one motor carrier to another; (2) Part of a carload lot. truckload lot, or freight container load, and the entire contents of the rail car, truck or freight container are tendered from one con signor to one consignee, or (3) A portable tank, cargo tank or tank car. 172.308 Authorized abbreviations. (a) Abbreviations may not be used ex- j cept in the following instances--(1) For marking descriptions on ammunition, such as ammunition for cannon without projectiles, etc., the words "with" or "without" may be abbreviated as "W" or "W/O" for example: "ammunition for | cannon W/O projectiles" (2) The abbreviation "ORM" may be used in place of the words "Other Regu lated Materials." 172.316 Outside packaging.1, contain ing ORM, (a) Except as provided in 173.505 of ', this subchapter, each package contain - | ing a material classed as ORM-A, B, C, or D must be plainly and durably marked on at least one side or end with the ap propriate ORM designation immediately following or below the proper shipping name of the material..The appropriate ORM designation must be placed with in a rectangle that is approximately 14 inch (6 3 mm.) larger on each side than the designation. The appropriate desig nation for each ORM must be: (1) ORM-A for an ORM-A. (2) ORM-B-KEEP DRY for an ORM-B that is a solid and is corrosive only to aluminum when wet. (3) ORM-B for an ORM-B other than that described in paragraph (a)(2) of this section. (4) ORM-C for an ORM-C. (5) ORM-D-AIR for an ORM-D that is prepared for air shipment and pack aged in accordance with the provisions of 5 173.6 of this subchapter. (6) ORM-D for an ORM-D other than J that described in paragraph (a) (5) of ; this section. : (b) When the ORM-D marking can not be affixed on the package surface, it may be on an attached tag. <c>. The marking ORM-A, B, C, or D is the certification by the person offer ing the package for transportation that the material is properly classed, pack aged, marked, and labeled (when appro priate) and In proper condition for transportation according to the appli cable regulations of the Department, This form of certification does not pre clude the requirement for a certificate oJl n1 *7a0 Osfthrtipping paper when required by -3UCC 009164