Time to clear the air on aerosols

By John V Currie -- Logistics Management, 2/1/1998

Shippers beware: Recent amendments to the U.S. Federal Code of Regulations (49 CFR), the International Maritime Dangerous Goods (IMDG) Code, and the International Civil Aviation Organization (ICAO) Code intended to harmonize international regulations regarding aerosols may have had just the opposite effect!

Even the very definitions of aerosols in the codes conflict with each other. IMDG, for example, defines aerosols as "non-refillable receptacles made of metal, glass or plastics and containing a gas compressed, liquefied, or dissolved under pressure, with or without a liquid, paste, or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or in a gaseous state." The definition in ICAO is basically the same.

The U.S. Department of Transportation (DOT) defines an aerosol in CFR 49 (section)171.8 as "any non-refillable metal receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than Division 6.1 PG III material) liquid, paste or powder, and fitted with a self-closing release device allowing the contents to be ejected by the gas."

Under this definition, DOT does not recognize aerosol containers made of glass or plastics or aerosols that eject something other than a liquid, paste, or powder. The agency also restricts which toxic materials may be packaged as aerosols. This is important, since products that do not meet CFR 49's definition of an aerosol may not be classified as aerosols when imported into the United States. [See 49 CFR (section)171.11(14) and (section)171.12(17).]

The IMDG Code says that aerosol shipments should comply with the provisions of the country in which they are filled, but these provisions may differ from those in the United States. For example, the hazard class for aerosols shipped by sea is simply Class 2, with no Division number. Nevertheless, labels for the Divisions (for example, Class 2.1) may be displayed as approved by the competent authority of the country concerned or according to the aerosol's properties. If the capacity is 1,000 cubic centimeters or less, the package may be marked "AEROSOLS" in place of a label. A "FLAMMABLE GAS" label is required if the aerosol contains more than 45 percent by weight or more than 250g of flammable components. The IMDG Code authorizes segregation as for Class 9 but away from heat sources and separated from explosives. Aerosols also are authorized as limited quantities; if intended for personal or household use, no package markings or labels are required. Unlike the U.S. regulations, however, IMDG always requires shipping papers for such materials.

If you ship aerosols by air, life has become even more difficult! The 39th edition of the International Air Transport Association (IATA) Dangerous Goods Regulations, effective Jan. 1, 1998, now includes 17 entries for "Aerosols," each accompanied by a code number indicating the contents' properties. These entries are unique to IATA and are not included in the ICAO Technical Instructions. Since entries shown in bold print are required in the description on the package and on the shipper's declaration for dangerous goods, the bold-faced code number has become part of the IATA proper shipping name. DOT reports that it has notified IATA that this deviation from the United Nations descriptions adopted by ICAO and authorized by CFR 49 (section)171.11 is not acceptable because it undermines efforts to harmonize regulations. Fortunately, you may continue to use the description from the IATA 38th Edition until Dec. 31, 1998.

John V. Currie has taught hundreds of college courses, industry training programs, and public seminars on hazardous-materials transportation management and regulatory compliance. His firm, Currie Associates Inc., provides safety and compliance audits, consulting services, customized training manuals, and public and in-house seminars. He may be contacted at 1118 Bay Road, Lake George, NY 12845. Phone: (518) 761-0668. Fax: (518) 792-7781. E-mail: currie@netheaven.com.