In the general placarding requirements of 49 CFR 172.504(a) of the USDOT/PHMSA Hazardous Materials Regulations (HMR), it states that when required each bulk packaging, freight container, unit load device, transport vehicle, or rail car “must be placarded on each side and each end”.  Simple enough, right?

It becomes more complicated when we consider the visibility and display of those placards on a motor vehicle such as a straight truck or semi-trailer truck.

This article will explain the requirements of 49 CFR 172.516(a) and (b) for the visibility and display of placards on a motor vehicle.

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Stop and think, when was the last time you saw the once ubiquitous “Drive Safely” placard on a truck going down the highway?  It’s been awhile hasn’t it?  Since October 1, of 2001 to be exact.  On that date 49 CFR 172.502(a)(2) went into affect for all packagings, freight containers, unit load devices, motor vehicles or rail cars prohibiting the use of any sign, advertisement, slogan, or device that, by its color, design, shape or content, could be confused with any placard required by the Hazardous Material Regulations (HMR).  This means that anything that could be confused with a hazardous material placard cannot be visible, this includes some formerly common placard-like images such as:

• Drive Safely/Carefully
• Have a Nice Day
• Baby on Board

It also includes any product slogans or advertising.

But why?  The answer lies in the goal of the Department of Transportation which is the safe transportation of hazardous materials.  One of the foundations of this goal is communication of the potential hazards of a material in transportation.  Placards are one of the four hazard communication methods used to communicate the potential hazards of a material, the others are:  shipping papers, labels, & markings.  The DOT believes that anything that could be confused with one of the prescribed hazard communication methods may cause confusion and misinterpretation of the hazards.  So, if it looks like a duck, and walks like a duck, and quacks like a duck, but isn’t a duck; DOT doesn’t want to see it.

The prohibition of placard look-alikes applies even if you don’t ship hazardous materials since 49 CFR 171.2(k) reads:  “No person may, by marking or otherwise, represent that a hazardous material is present in a package, container, motor vehicle, rail car, aircraft, or vessel if the hazardous material is not present.”  So if you think a cool new logo for your milk delivery company is one resembling an explosive placard, think again.

If you have any questions about this regulation and how it may apply to your specific company logo, advertising, or other, the best thing to do is to contact the DOT for a written interpretation.  Provide them with photos of the sign, marking, etc. in question and ask clearly for a written response.  Questions of this nature or any regarding the HMR should be directed to the Hazardous Materials Information Center:

Call @:  800.HMR.4922 (800.467.4922) or Washington DC Metro area 202.366.4488

email @:  phmsa.hm-infocenter@dot.gov

Mr. Charles E. Betts
Director, Standards and Rulemaking Division
U.S. DOT/PHMSA (PHH-10)
1200 New Jersey Avenue, SE East Building, 2nd Floor
Washington, DC 20590

While I can’t give you an answer with the authority of the HazMat Infocenter, I can tell you that training of your HazMat Employees is a requirement for anyone who transports a hazardous material or ships or receives a hazardous material.  HazMat Employee Training is one of the two training services I provide in my 8 hour training, the other is RCRA Training for Hazardous Waste Personnel.  I provide this training in public open enrollment events held nationwide and year round and on-site training right at your location and tailored to your site-specific needs.  Please contact me for a free consultation on your training needs or any question you may have about the HMR.

How long are you required to retain a Material Safety Data Sheet (MSDS) for the hazardous materials in use at your facility?  Forever?  30 years?  Only until you stop using the material?  A complete answer to that question requires a full understanding of the applicable standards of the Occupational Safety & Health Administration (OSHA) and the intent of the regulations.

The quick answer is: yes, 29 CFR 1910.1020 requires you to maintain some record of the identity of the Toxic Substance or Harmful Physical Agent to which employees are exposed for 30 years after the last day of its use.  Note that it does not mandate the use of an MSDS, just “some record”, it is on this point that this simple requirement can become complicated.  OSHA’s intent is to have the employer make important health-related information accessible to current and former employees for as long as it thought might be necessary, this created the retention period of 30 years.  OSHA also wanted employers to include information about when and where the chemical or substance was used.  This last point was resisted by employers, so OSHA compromised and gave employers two options for retaining the information (OSHA letter of interpretation 11.8.85):

1. The MSDS, or
2. The identity of the material (technical name if known) and information about where and when it was used.

Whichever method you choose, your obligation to maintain the information doesn’t end with closure or sale of the facility.  In such an event you must transfer all records to the new employer or to the Director of the National Institute for Occupational Safety and Health (NIOSH).

You must keep these records accessible to current and former employees.  If you are unable to provide access to these records within 15 working days, you must tell the employee the reason for the delay and the earliest date you will make records available.

A possible point of confusion is the requirement in the Hazard Communication Standard @ 29 CFR 1910.1200 to make MSDS’s readily accessible to employees during their work shift.  here the regulations clearly require an MSDS, no other form of information will suffice.  For most employers, since they must comply with the Hazard Communication Standard anyway, it is easiest to retain those same MSDS’s to comply with the requirements of record retention in 29 CFR 1910.1020.

If you either ship or receive a hazardous material, including a hazardous waste, then you must also comply with the regulations of the US Department of Transportation and train your HazMat Employees every three years.  I provide  HazMat Employee Training and RCRA Training for Hazardous Waste Personnel.  Review my public/open enrollment training schedule or contact me to discuss on-site training.

Waste Minimization is not just a nice sounding phrase that we roll out once a year around Earth Day.  As a generator of hazardous waste 40 CFR 262.27 requires you to demonstrate some form of waste minimization activity depending on your hazardous waste generator status.

If you are unaware of this requirement, you need only read Section 15 (Generator’s/Offeror’s Certification) of the Uniform Hazardous Waste Manifest the next time you ship hazardous waste off-site; the last line reads:

I certify that the waste minimization statement identified in 40 CFR 262.27(a) (if I am a large quantity generator) or (b) (if I am a small quantity generator) is true.

Note that the applicable waste minimization statement depends on your hazardous waste generator status (LQG v. SQG); CESQG is not required to take steps for waste minimization, and indeed, is not required to use the Uniform Hazardous Waste Manifest at all.  You must then refer to the applicable regulations to determine your responsibility.

Large Quantity Generator @ 40 CFR 262.27(a) reads:

I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment.

Small Quantity Generator @ 40 CFR 262.27(b) reads:

I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.

So, an LQG must have a “program in place…” while an SQG need only make a “good faith effort…”.  Neither mandates a written Waste Minimization Plan, though it may be a good idea if for no other reason than to have an easy means of demonstrating compliance in the event of an inspection.  EPA outlined six basic elements that should be included in the waste minimization program in the May 28, 1993 Federal Register (58 FR 31114), they include:

1. Top Management Support
2. Characterization of Waste Generation and Waste Management Costs
3. Periodic Waste Minimization Assessments
4. Cost Allocation
5. Technology Transfer
6. Program Implementation and Evaluation

If you are not in compliance with 40 CFR 262.27 take note that every time you or an employee sign the uniform hazardous waste manifest you are certifying that you do have such a program.  Your next EPA inspection may be the one where you are required to demonstrate compliance.

Check out this Guide to Writing a Waste Minimization Plan from the Florida Department of Environmental Protection

The use of the manifest identifies you as a generator of hazardous waste and as a shipper of hazardous materials, which includes hazardous waste.  You are required to provide HazMat Employee Training and RCRA Training for Hazardous Waste Personnel.

The federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 261.7(a)(1) read, “Any hazardous waste remaining in either: an empty container; or an inner liner removed from an empty container, as defined in paragraph (b) of this section, is not subject to regulation under parts 261 through 268, 270, 0r 124 of this chapter or to the notification requirements of section 3010 of RCRA.”  In other words, if a container meets the definition of an empty container (aka:  RCRA Empty) as defined in paragraph (b) then it is not subject to regulation under RCRA as a hazardous waste.

The definition of an empty container in paragraph (b) includes a container or an inner liner removed from a container that has held any hazardous waste.  The determination of an empty container for compressed gases and acute hazardous waste are distinct from all other hazardous waste and are addressed later in this article.

RCRA Empty determination for a container of hazardous waste Option #1:

1. All wastes have been removed that can be removed using common practices to remove materials, eg. pouring, pumping, and aspirating, and
2. No more than 2.5 cm (1 inch) of residue remains on the bottom of the container.

Or…

RCRA Empty determination for a container of hazardous waste Option #2:

All wastes have been removed that can be removed using common practices to remove materials, eg. pouring, pumping, and aspirating, and

• For containers ≤119 gallons in size (non-bulk containers):  No more than 3% by weight of the total capacity of the container remains in the container or inner liner, or
• For containers >119 gallons in size (bulk containers):  No more than 0.3% by weight of the total capacity of the container remains in the container or inner liner.

You are free to choose either of the two options above in determining if your container meets the definition of empty per paragraph (b).  Note that Option #1 is process oriented in its definition whereas Option #2 is a results oriented standard depending on the capacity of the hazardous waste container.

RCRA Empty determination for a hazardous waste that is a compressed gas:

• When the pressure in the container approaches atmospheric.  A subjective definition, but it means that your compressed gas container better be empty if you intend to use the RCRA Empty Exemption.

RCRA Empty determination for a container of an acute hazardous waste:

•  The container or inner liner has been triple rinsed by a solvent capable of removing the residue (either a commercial chemical product, or a manufacturing chemical intermediate; or
• The container or inner liner has been cleaned by another method that can be shown by scientific literature or by testing to achieve equivalent removal; or
• The inner liner, which prevented contact of the material with the container, has been removed.  In this case the container may then be suitable for the RCRA Empty Exemption, not the liner.

If your containers meet the definition of RCRA Empty, then the residue is not subject to the hazardous waste regulations under RCRA, no matter the total quantity of the residue.  This provides you with the freedom from regulation to pursue recycling or reconditioning options with your containers.

However, use extreme caution when managing any “empty” containers.  Especially if you are unaware of the residue they contain.  Article in Milwaukee Journal/Sentinel: Empty industrial barrels present deadly dangers.

The latest political scandal at the time of this writing, and likely to be eclipsed by a new one by the time you read this, involves the President’s Secret Service detachment and a bevy of prostitutes in a Columbia hotel room.  While listening to a panel discussion regarding this topic on National Public Radio, I heard something that triggered thoughts of the Enhanced Transportation Security Requirements of the US Department of Transportation.  What caught my ear was the term used by a spokesman for the Secret Service agents as a form of damage control.  He said that the alleged incident did not represent a “security breach”.  He justified this by pointing out that no unauthorized personnel gained access to sensitive information.  “True”, thought I, but while this may not represent a “security breach” it definitely represents a “possible security threat”.  As a HazMat Employer, you must be aware of the difference between these two terms since they are topics to be covered in your HazMat Employee Training.

HazMat Employee Training includes the following 5 topics:

1. General Awareness/Familiarization
2. Function Specific
3. Safety/Emergency Response
4. Security General Awareness
5. In-Depth Security Training

The first four are required for all HazMat Employees.  Initial training must be provided within 90 days of new employment and full renewal training must be provided every three years.  The fifth:  In-Depth Security Training is required only for those facilities subject to the applicability determination of 49 CFR 172.800(b).  Security General Awareness Training (required for all HazMat Employees) must include how to recognize and respond to a possible security threat.  This contrasts with the In-Depth Security Training requirement to train applicable HazMat Employees on the specific actions to take in the event of a security breach.  They sound alike, but are very different and your training must reflect this important difference.

Unfortunately the DOT does not provide definitions of these terms in its regulations or guidance documents.  However, when a definition does not exist, the Agency directs us to use the accepted definition found in a dictionary.  Following that guidance we can begin to focus on the key differences between these two terms and how it will affect your training.

Possible Security Threat – The key word here is “Threat” which is defined as, “an indication or warning of probable trouble”.  In other words, nothing bad has happened…yet, but the warning signs are there, the potential for a security breach exists.  It is critical that your HazMat Employees are able to recognize this warning of probable trouble when they see it and know how to respond appropriately.  Signs of a possible security threat are:

• Security doors not latching properly or left open.
• Poor inventory control resulting in hazardous materials stored out-of-place.
• Inadequate or missing lighting.
• Fencing or other physical barriers compromised by damage or poor housekeeping (eg. pallets stacked near fence).
• Person (coworker, vendor, visitor, other ) acting strangely.
• And many others that may be specific to your site.

The proper response when a possible security threat is observed is going to vary based on your site-specific conditions, but when I provide HazMat Employee training I indicate the proper response is to observe and report through your facility’s proper channels of communication.

Security Breach – “Breach” is defined as, “to make a gap in and break through a wall, barrier, or defense”.  This is the terrorist, criminal, or vandal act that the possible security threat may have warned us about earlier.  That is, something has gone wrong, some act has been taken by a party that has had a negative impact on your facility or your operations.  A security breach may be any of the following:

• Unexplained spill or leak.
• Signs of tampering around a lock or seal.
• Hazardous materials in an incorrect location.
• Damage to property or vandalism.
• And other site-specific signs.

Your response to a security breach will depend on your site and the skills and training of your HazMat Employees.  In most situations, the response will be similar to that of a possible security threat (ie. “observe and report).  But, given the higher level of risk, you may train your HazMat Employees to activate the alarm system, inform trained security personnel or law enforcement or take other steps documented in your Security Plan.

Remember:  how to respond to a  possible security threat is only one part of the full training requirement for Security General Awareness, which itself is only one of the four mandated components of HazMat Employee Training.  The need to address the specific actions to take in the event of a security breach is one of the requirements of In-Depth Security Training.  Review 49 CFR 172.800(b) to see if this training requirement and the Security Plan are applicable to your facility.

HazMat Employee Training is a big responsibility, and since it is required only once every three years, it is critical to get it right.  Contact me for a free consultation on your HazMat Employee training needs.  You may also review the information on the DOT Security website.

The wastes generated in the average American home may be just as hazardous for human health and the environment as any waste generated in an industrial or commercial setting; think of things like paints (both liquid and aerosol), bleach, toilet bowl cleaners, oven cleaners, ammonia, and more.  And yet, as is often pointed out to me during one of my training sessions, there are no EPA regulations for household hazardous waste.  What gives?

The answer is simple, and unsatisfactory, the EPA specifically exempted household waste from regulation as hazardous waste at 40 CFR 261.4(b)(1).  While I’m sure it had its reasons for creating this exclusion – just think of the nightmare of regulating each US household – the end result is that a lot of hazardous waste may be disposed of improperly.  The exclusion still leaves household waste regulated as a form of solid waste known as municipal solid waste, subject to Subtitle D of the Resource Conservation and Recovery Act.  It is not, however, regulated as a hazardous waste by the US EPA.

The household waste exclusion is available for any material derived from households including:  garbage, trash and sanitary wastes in septic tanks.  A household means more than just a house and includes single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas.  The exclusion applies to the waste from its point of generation and continues throughout its waste management cycle and therefore includes  household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused.  In other words, no matter how it is handled after its generation, the exclusion of 40 CFR 261.4(b)(1) remains in place (RO 11782).

Even if allowed by the EPA, leaving household hazardous waste at the curb for routine disposal in a municipal solid waste landfill (Subtitle D) is not a good idea.  First of all State law and municipal regulations may preclude such disposal, so check with your State and local agencies.  Also, it’s not a good idea, and many communities have places to go with household hazardous waste that ensure proper disposal at little or no cost.  A good place to start is the EPA homepage for household hazardous waste.

Though I don’t spend a lot of time on household waste during my RCRA Training, I include it as a point of reference for industrial hazardous waste – which is the focus of the training – and to illustrate one of the many exclusions from RCRA that exist in the regulations.  By attending one of my combined RCRA Training and HazMat Employee Training events (either open enrollment or on-site) you will learn how the regulations affect your operations and what exclusions from regulation you may be able to take advantage of.  Please contact me for a free consultation of your training needs.

I hope you use my services to provide RCRA Training to your Hazardous Waste Personnel as required by the US EPA (and your State).  However, there are other training providers out there and perhaps you are considering one of them.  If so, I encourage you to ask them the following questions.  Their response to them, as compared to mine, will help you in your decision.  You may also be interested in another article of mine:  11 Questions to ask Your HazMat Employee Training Provider.  You may also contact me for a free consultation of your RCRA Training and DOT HazMat Employee Training needs.

1.  What are the regulations that require this training?

A:  The answer is more complicated than it should be.  One of the requirements of a Large Quantity Generator (LQG) of hazardous waste is that it must comply with 40 CFR 262.34(a)(4) which references the training requirements in 40 CFR 265.16 for “Facility Personnel” of a TSDF.  Read here for a more detailed explanation of the regulatory requirements for training the personnel of an LQG.

2.  Who or what are the “Facility Personnel” that I must train?

A:  Personnel or Facility Personnel are defined at 40 CFR 260.10 as “all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of part 264 or 265 of this chapter.”  While intended for persons at a TSDF, the regulatory reference in #1 above links it to persons at an LQG.  These persons are also known as:  RCRA Personnel or Hazardous Waste Personnel.  Take note that this definition applies not only to your employees, but may also apply to contractors who work at your site (RO14180).

3.  How frequently must I provide training?

A:  40 CFR 265.16(b) mandates training be provided within 6 months of new employment and that untrained employees must be supervised in that time by trained personnel.  All Facility Personnel must receive an annual review of their initial training.

4.  Is your training certified or approved by the US EPA or by a State environmental agency?

A:  Neither the US EPA, nor any State, certify training providers or approve their training programs for use.

5.  When was the last time the training provider received RCRA Training?

A:  40 CFR 265.16(a)(2) requires the training program to be directed by a person who has received annual training.  Your prospective RCRA Training provider should be able to demonstrate they have attended the annual training themselves.

6.  Do the training requirements apply to facility personnel who work only near a Satellite Accumulation Area (SAA) for hazardous waste?

A:  The SAA regulations, found at 40 CFR 262.34(c), and applicable to both LQG’s and SQG’s (Small Quantity Generators of hazardous waste) do not reference the Facility Personnel training requirements of 40 CFR 265.16.  Therefore, you are not required to train personnel whose sole contact with hazardous waste is while it is in the SAA.  However, while not subject to the full training requirements, it is helpful for employees to be aware of the applicable regulations and their responsibility to comply with them.  That is why I include these topics, and others as applicable, in my training.

7.  Do the training requirements apply to facility personnel who work only with Universal Waste or Used Oil?

A:  Universal Waste and Used Oil are exempted by regulation (40 CFR 273 & 279 respectively) from the full requirements of RCRA (the Resource Conservation and Recovery Act) regulations and are not subject to the training requirements.  However, while not subject to the full training requirements, it is helpful for employees to be aware of the applicable regulations and their responsibility to comply with them.  That is why I include these topics, and others as applicable, in my training.

8.  What training is required for an SQG?

A:  As we saw in #1 above, the training requirement in 40 CFR 265.16 as referenced in 40 CFR 262.34(a)(4) applies solely to LQG’s.  So, while SQG’s do not have a requirement to train their Facility Personnel, 40 CFR 262.34(d)(iii) requires them to “…ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.”  While not calling out a specific need for training, it leaves the SQG with the challenge of determining how to make their employees “thoroughly familiar” with the applicable regulations and procedures.

9.  Are you a lawyer?

A:  I have nothing against lawyers, and in some situations, their services are invaluable.  However, they don’t always make the best trainers because their experience has been interpreting the regulations and their legal justification instead of what you must do to comply with them.  In contrast, my experience prior to starting this business has been “on the shop floor”:  driving a truck, handling hazardous waste, completing weekly inspections, conducting agency inspections, preparing shipping papers, and more of the like.  I feel my job as your trainer is to reveal the regulations and teach you methods of compliance I have learned over the years, not the Genesis of the regulations.  At my training you’ll learn how to do your job, not why you have to do it.

Two questions remain, perhaps the questions:

1. How much does your training cost?
2. How far will I and my employees have to travel?

My prices for training are the best value you will find.  At my Training Seminars you may register for as low as $299/person, and $259/person for additional coworkers, if more than two weeks prior to the event.  Registration closer to the training date isn’t that much more.

My Training Seminars are held nationwide and year round, so there’s a good chance I will be coming to your area soon.  If you don’t find a convenient date or location, or if you have many people to train, consider Onsite Training.  For a flat fee of $1,999 and $10/trainee I will travel to your site and provide a full day of RCRA Training and HazMat Employee training if necessary.

A generator of hazardous waste is defined in the regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 260.10 as any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 or whose act first causes a hazardous waste to become subject to regulation.

This may seem straightforward, but there are four important terms in this definition that must be properly understood. (more…)

49 CFR 177.834(a) requires packages of hazardous materials to be secured against shifting within the vehicle and between the packages under normal transportation conditions.  If you offer a hazardous material for transportation (a shipper) to be transported by another company (a carrier), you may be surprised to learn that the shipper may be fined instead of or along with the carrier if the shipment of HazMat is found to be improperly secured.

This is because any person who performs, or is responsible for performing, a regulated function – such as loading and securing packages of hazardous materials on a truck – is responsible for compliance with all the applicable requirements of the Hazardous Materials Regulations (HMR).

Example:  Employees of Company A (the shipper) load packages of hazardous materials on a truck as an employee of Company B (the carrier) looks on.  After loading the Company B employee secures the load, while Company A employees confirm the vehicles readiness for transportation.  Since both the shipper and the carrier were involved in the loading operation, both are responsible for compliance with all applicable requirements of the HMR, including 49 CFR 177.834(a).  Refer to PHMSA interpretation letter 04-0082 for more information on this point.

What, then, are the regulatory requirements for securing a load of hazardous materials in a motor vehicle?  Unfortunately, a specific method is not defined in the HMR.  Agency interpretations indicate the regulatory requirements,”are met when the packages of hazardous materials are secured in a manner that precludes their movement within the transport vehicle, and between the packages themselves, under conditions normally incident to transportation.” (02-0044)  Lacking a specific explanation of the proper methods in the HMR, the regulations of the Federal Motor Carrier Safety Administration (FMCSA) at 49 CFR 393.100-106 includes general requirements for the protection of shifting cargo.

If you are concerned about your responsibility to secure hazardous materials in transportation and need more information I suggest you contact the PHMSA in writing to request an interpretation for your specific situation.  10-0046 is an example of just such a letter you may use as a guide for yours.  You can read here for the PHMSA requirments for the submittal of a letter requesting an interpretation.

If you are interested in topics such as this, then you must be a HazMat Employer with HazMat Employees to train.  I provide HazMat Employee training and RCRA training for hazardous waste personnel in open enrollment events held nationwide and year round and on-site.  Please contact me for a free consultation of your training needs.