Known by many names, but referred to in the Hazardous Material Regulations at 49 CFR 172.802 as a Security Plan; it is a requirement for certain shippers and carriers of hazardous materials.  An earlier article explained the regulatory process @ §172.800(b) for determining if you are required to complete a Security Plan which, in turn, requires you to conduct In-Depth Security Training for your HazMat Employees [§172.704(a)(5)].  The purpose of this article is to explain the components of a Security Plan as required by §172.802. (more…)

The phrase “Commercial Chemical Product” is used in two critical positions in the hazardous waste regulations of the USEPA.  In either position it may play an important role in your Hazardous Waste Determination which is required by 40 CFR 262.11 for all waste you generate.  The purpose of this article will be to explain the difference in USEPA’s interpretation of this phrase in its two locations and how its interpretation might affect your hazardous waste determination. (more…)

Generally, one can assume that the use of the Identification Number in association with the placard for a shipment of a hazardous material is limited to those shipments that are or contain a bulk packaging.

Such as:

• The transport vehicle itself is a bulk packaging of greater than 1,000 gallons (eg. tank truck or railroad tank car).
• A bulk packaging of any volume (eg. intermediate bulk packaging or IBC) is loaded into a transport vehicle where its identification number is no longer visible.

In either of the above, the Hazardous Material Regulations of the USDOT/PHMSA require that the transport vehicle be marked on both sides and each end with the identification number of the hazardous material.  The identification number used must be determined from the Hazardous Materials Table and be displayed in association with the hazardous materials placard as required by §172.332 or §172.336 (either on an orange panel or a white square-on-point configuration).

You may wish to read this earlier article for an exception to this marking requirement for certain shipments of bulk packagings.

Often overlooked by shippers and carriers alike, however, is the requirement in 49 CFR 172.301(a)(3) to mark a transport vehicle or freight container containing only a single hazardous material in non-bulk packages, on each side and each end with the identification number specified for the hazardous material in the § 172.101 Table, as long as the following requirements are met:

•  Each package is marked with the same proper shipping name and identification number;
• The aggregate gross weight of the hazardous material is 4,000 kg (8,820 pounds) or more;
• All of the hazardous material is loaded at one loading facility;
• The transport vehicle or freight container contains no other material, hazardous or otherwise; and
• The identification number marking requirement of this paragraph (a)(3) does not apply to Class 1, Class 7, or to non-bulk packagings for which identification numbers are not required.

Example:

Company A offers for shipment 20 x 55 gallon drums of Chromic Acid Solution weighing 11,009 pounds.  The carrier makes the pickup of the Chromic Acid Solution and nothing else, and has no other material (hazardous or otherwise) loaded on the vehicle.  In this situation, it is necessary to include the identification number for Chromic Acid Solution (UN1755) either on the placard or nearby as required by §172.332 or §172.336 (either on an orange panel or a white square-on-point configuration).

As you can see, the Hazardous Materials Regulations of the USDOT/PHMSA can be very complicated.  Even the seemingly simple regulations pertaining to the use of the identification number marking on a transport vehicle or freight container can become difficult to comply with when certain situations arise.  Training your HazMat Employees on the requirements of the HMR is a good way to ensure the transportation of hazardous materials to and from your facility is done safely and in compliance with the regulations.

The regulations of the Resources Conservation and Recovery Act applicable to generators of hazardous waste, codified at 40 CFR 262-268 mandate the creation of a variety of reports, inspection logs, notifications, certifications, manifest, records, etc.  In order to demonstrate compliance with these regulations a generator of hazardous waste must maintain a copy of the applicable document as a record.  These records must be provided to an agent of the US EPA or their designee upon request.  You can read more about your responsibility to make these records available to an inspector here:  Making RCRA Records Available for Federal and State Inspectors.

The purpose of this article is to look closely at a single recordkeeping requirement of the US EPA for a generator of hazardous waste.  Since these are the Federal regulations, you will need to check with your State environmental agency in order to confirm compliance. (more…)

The requirements for generators of hazardous waste to create documents as a part of compliance with the hazardous waste regulations can be found throughout the RCRA regulations.  Similarly, the requirements to maintain a copy of those documents as a record are spread throughout the hazardous waste regulations, typically in proximity to the regulation that mandates the document.

The purpose of this article is not to explain the recordkeeping requirements for specific paperwork provisions of RCRA, that will be addressed later.  Instead this article will focus on answering a question I hear often in my public training seminars is something like, “I know I have to maintain records and make them available during an inspection, but how quickly must I provide them?  Is 15 minutes too long?  What about later that day, or the next if no one can locate the documents during the inspection?  Will I face fines if I am cooperative but simply cannot locate the documents during the inspection?”

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Most generators of hazardous waste must comply with the requirements of 40 CFR 265.30 through 265.37 (aka: Subpart C of Part 265).  However, they may not realize these regulations apply to their operations or lack a firm grasp of what they must do to ensure compliance with them.  All too often little effort is made to understand the hazardous waste regulations because they seem to complex to grasp.  “Better”, it is thought, “to continue on with current procedures and hope any mistakes don’t result in significant violations.”  I’m here to tell you that most of the RCRA regulations, either those of the US EPA or those of an authorized State, can be understood with a little time and effort.

This article is the first in a series that will look closely at each section of 40 CFR 265, Subpart C and explain its requirements, how they apply to generators of hazardous waste, and what is required for compliance.  Keep in mind that the regulations of your State may differ from these Federal regulations.

The purpose of this article: identify and explain the requirements of 40 CFR 265.30 – Applicability of the emergency preparedness and prevention regulations to generators of hazardous waste.

Hold on a minute!  These regulations were revised and moved to a new location within Title 40 of the CFR by the Generator Improvements Rule.  If your state has not yet adopted the Generator Improvements Rule, then this article is still applicable to you (but it won’t be for much longer).  If your state has adopted and been authorized to enforce the Generator Improvements Rule, then these regulations no longer apply to you.  Read: What is the status of the Generator Improvements Rule in my state?

To see an explanation of these regulations as revised by the Generator Improvements Rule you must refer to the following:

• Large quantity generator of hazardous waste (LQG)
• Small quantity generator of hazardous waste (SQG)

To see an explanation of the regulations prior to the revisions of the Generator Improvements Rule, please continue reading this article.

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An often overlooked or misunderstood component of the Hazardous Material Regulations (HMR) is the requirement for a shipper or carrier of a hazardous material to comply with the regulations at 49 CFR 172, Subpart I which require a Safety and Security Plan and those at §172, Subpart H that require Security Awareness Training and In-Depth Security Training.  The purpose of this article is to explain the method for determining applicability to these regulations. (more…)

Unless an exception to the Hazardous Material Regulations (HMR) is available, every shipment of a hazardous material will require the use of each of the four hazard communication methods of the US DOT, they are:

• Shipping papers
• Placards
• HazMat labels
• Markings

Typically a placard is affixed to all four sides of a transport vehicle, such as a truck on the highway or a rail car.  There are some situations, however, where a placard is required to be affixed to all four sides of a bulk packaging and there are some situations where the use of a placard or a HazMat label is an option on two sides of a bulk packaging.  You can read more about the option to placard or label bulk packagings here:  Use of Placards for HazMat Shipments in Bulk Packagings.

The purpose of this article is to answer a question asked at one of my Public Training Seminars:  “Is it OK to use a placard on a non-bulk packaging of a hazardous material in place of the HazMat label?” (more…)

A question I am frequently asked is, “Will you certify my HazMat Employees have been trained?” or, “Do you provide HazMat certification for HazMat Employees?” or some variation on this theme.  My answer, unfortunately, does not always satisfy my potential customers because in order to be true to the letter and the spirit of the regulations I must answer them, “No, I cannot certify the training I provide for your HazMat Employees, only you can do that.”  The purpose of this article is to explain my reply, understand better the applicable regulations of the US DOT and maybe win back some of those lost prospects. (more…)