A question from a recent attendee of one of my RCRA Training Webinars (01.19.18):

Thank you so much for the training this morning! Very useful information.

Does a facility that has a written “No Smoking” policy (and possibly signs at the front of the building) required to have the No Smoking signs posted near ignitable and reactive wastes accumulation areas?

Thank you!

My answer 01.30.18:

The answer is yes, “No Smoking” signs must be displayed as indicated even if the facility has a “no smoking” policy [(40 CFR 262.17(a)(vi)(B)].

Please allow me to expand and clarify this regulation (see below). For a full explanation, read: Special Conditions of a Large Quantity Generator to Prevent Accidental Ignition or Reaction of Ignitable or Reactive Hazardous Waste

• Applicable solely to a large quantity generator of hazardous waste (LQG).
• Applicable solely to hazardous waste displaying a characteristic of Ignitability (D001) or Reactivity (D003).
• “‘No Smoking’ signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.”

This letter of interpretation from EPA explains further (RO 14036). Note: The letter is old and it refers to a TSDF but the regulations are the same so I think it would still apply. A formal request for interpretation from EPA could be made as well.

Please contact me if you have any other questions.

That did it!

Wonderful, thank you for the information!

Conclusion:

A LQG has many responsibilities for the cradle-to-grave management of its hazardous waste. One of them, codified at §262.17(b)(7), mandates initial and recurrent training for hazardous waste personnel.

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the eighth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.260 Purpose and implementation of contingency plan. (more…)

A question (01.03.18):

Daniel;

I was searching Google when a link to your site came up. We are having to transport sludge and scum from an old wastewater plant across town to a newer plant. We are doing this in a tank truck. What placards do we need to put on the truck?

My answer that same day:

I will do my best to answer your question below.

• If the waste is from a domestic sewage wastewater treatment plant it likely will not be a RCRA hazardous waste per USEPA regulations. However, the generator of the waste must complete a hazardous waste determination.
• It may be a non-RCRA hazardous waste in California. i.e., an appendix X listed non-RCRA Haz Waste.
• It may be regulated as a Division 6.2 Infectious Substance according to USDOT/PHMSA Hazardous Materials Regulations if it is known or reasonably expected to contain a pathogen (49 CFR 173.134). However, pursuant to 49 CFR 173.134(b)(13)(ii), sanitary sewage or sludge is excepted from regulation as a Division 6.2 Infectious Substance (LOI 16-0019).
• As a government entity you are subject to the Government Employee Exemption from USDOT regulations.
• The transport in a tank truck will likely be subject to California regulations as a commercial vehicle. I am not sure if California has a government employee exemption.
• It’s handling may be subject to Health Department regulations.

In sum:

• Human waste is not a USEPA hazardous waste though it may be subject to California’s more strict regulations as a non-RCRA hazardous waste.
• Its transportation is not subject to the USDOT/PHMSA HMR when transported, and therefore no placards are required.
• Due to the size and type of the vehicle it may be regulated in California as a commercial vehicle. This may require fees, registration, driver licensing, &etc.

I hope this helps.

Please contact me with any other questions.

Conclusion:

That did it! The regulations for the cradle-to-grave management of hazardous waste are more stringent in their application and more broad in their scope than are the regulations of USEPA or any other state. If you generate, transport, or manage hazardous waste in California – this includes both RCRA hazardous waste and non-RCRA hazardous waste – you must comply with the regulations of the Department of Toxic Substances Control (DTSC) and your Certified Unified Program Agency (CUPA).

The Bullet:

Due to the COVID-19 public health emergency, USDOT/PHMSA issued a notice of enforcement discretion to allow for the filling and transportation of DOT-specification cylinders with Division 2.2 Non-Flammable Gas when overdue for their periodic requalification by no more than 12 months. The cylinder must meet all other requirements of the Hazardous Materials Regulations (HMR).

See the: Notice of Enforcement Discretion Regarding Cylinders That Have Exceeded Their Periodic Requalification Test Date

Who:

• Issued by: William S. Schoonover / Associate Administrator for Hazardous Materials Safety
• The agencies:
  • Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
  • Federal Motor Carrier Safety Administration within USDOT (USDOT/FMCSA).
• The affected: manufacturers and persons who fill and ship DOT-specification cylinders.

What does the HMR require?

• Subpart C of 49 CFR Part 180 of the HMR prescribes the requirements for the continuing qualification, maintenance, or periodic requalification of DOT-specification cylinders.
• Pursuant to §173.301(a)(6):

No person may fill a cylinder overdue for periodic requalification with a hazardous material and then offer it for transportation. The prohibition against offering a cylinder for transportation that is overdue for periodic requalification does not apply to a cylinder filled prior to the requalification due date.

• Depending on the cylinder type, periodic requalification is required at either a 5-year or 10-year interval.

What is the relief?

• PHMSA gives notice that it will not take enforcement action against any person who fills a DOT-specification cylinder used to transport Division 2.2 Non-Flammable Gas if the cylinder is overdue for its periodic requalification by no more than twelve (12) months.

But watch out for this!

• The cylinder must comply with all other requirements of the HMR.
• This relief applies only to transportation by motor vehicle, and does not extend to transport by air, vessel, or railroad.
• Prior to filling and offering for transportation, all cylinders must be inspected in accordance with the applicable Compressed Gas Association pamphlet and requirements of the HMR. Any cylinder that does not pass the prefill inspection criteria must not be filled.
• This relief is limited solely to cylinders containing Division 2.2 Non-Flammable Gases.

Where:

• This relief applies to persons who fill and ship a DOT-specification cylinder to, from, or through the U.S.

When:

• Date of issuance: April 06, 2020.
• This Notice is effective while the Department of Health and Human Services determination that a public health emergency related to COVID-19 exists or 90 days from its date of issuance (July 06, 2020), whichever is sooner.
• UPDATE: July 02, 2020 USDOT/PHMSA announce an extension of this enforcement discretion until October 31, 2020. Read: Notice of Extension of Enforcement Discretion Regarding Cylinders That Have Exceeded Their Periodic Requalification Test Date.

Why:

• Due to the Coronavirus disease 2019 (COVID-19) public health emergency, many members of the medical and industrial gas industry have experienced difficulty in obtaining cylinders due to the increased demand or a disruption in the normal business model for cylinder exchange.
• This enforcement discretion is in response to unprecedented changes in business practices related to the COVID-19 outbreak.

How:

• USDOT/PHMSA’s mission is to protect people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives. To do this, the agency establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents.
• This document is a temporary notice of enforcement discretion. Regulated entities may rely on this notice as a safeguard from departmental enforcement as described herein. To the extent this notice includes guidance on how regulated entities may comply with existing regulations, it does not have the force and effect of law and is not meant to bind the regulated entities in any way.

Conclusion:

The COVID-19 pandemic has disrupted business and the global supply chains they rely on. USDOT/PHMSA is doing its part to ease compliance without sacrificing safety. Including a relief to provide recurrent HazMat Employee training. It’s a delicate balance. I’ve written many articles in the past few months related to the pandemic and the response to it of both USDOT/PHMSA and the U.S. Environmental Protection Agency (USEPA).

Question (12.12.17):

I have a hopefully quick question – a non-hazmat employee can sign for a delivery of a hazmat, correct? They are not unloading, just receiving hazmat to the site and signing for the load.

My answer (12.12.17):

Correct. It may be subject to interpretation, but the receipt of Hazmat Shipping paper is not subject to regulation. The physical unloading of the vehicle is subject to regulation. Allow me to explain further.

A more complete answer can be found in the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA). At 49 CFR 171.1 USDOT/PHMSA explains the applicability of the HMR to persons and functions.  Applicable functions include:

• Each person who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging for use in the transportation of hazardous materials.
• Pre-transportation functions. Functions that must take place before the HazMat is offered for transportation. This includes preparing a shipping paper. The pre-transportation functions are usually performed by the person who offers the HazMat for transportation, aka: the shipper.
• Transportation of the hazardous material in commerce, which includes:

  

  • Loading the HazMat prior to its movement. This includes a package or container or the filling of a bulk packaging incidental to its movement.
  • Movement of the HazMat by rail car, aircraft, motor vehicle, or vessel. This function is performed by the carrier.
  • Storage of the HazMat between the time the carrier takes physical possession of it and its delivery to the indicated destination. This will not occur if the HazMat is delivered directly to its destination.
  • Unloading of the HazMat (package, container, or unload of bulk packaging) at the assigned destination when performed by carrier personnel or in the presence of carrier personnel.
• And that’s it! There is no regulated function entitled “post-transportation function” which may include signing the shipping paper.

So, if the act of signing a HazMat shipping paper is not a function subject to the hazardous materials regulations, it isn’t a function that requires trained HazMat Employees.

Q. Is it even necessary for the destination facility (aka: the receiver) to sign the HazMat shipping paper?

A. No. The regulations for preparation and retention of HazMat shipping papers §172.201 require the shipper to retain a copy for at least two years. At 177.817(f) the carrier is instructed to retain a copy for at least one year. There is no requirement for the destination facility (sometimes identified as the consignee) to retain a copy at all and as a matter of fact, they may never get one!

That did it!

A simple question. A simple answer. But a complex explanation. Make certain you have identified everyone at your company who has a direct effect on the safe transportation of hazardous materials. If they do, they are likely a HazMat Employee. And if they are, they must receive initial (within 90 days) and recurrent (within three years) HazMat Employee training.

Question (12.08.17):

Hi Daniel

We have about forty 1,000 pound super sacks that we need to ship for disposal before the end of the year.

They will ship as Environmentally hazardous Substance Solid nos UN 3077.

Waste codes D007 and D011 (due to toxic levels of chromium and silver, respectively).

Looking at the 172.101 table (the hazardous materials table at 49 CFR 172.101) we can ship using IP3 = flexible IBC must be sift-proof and water-resistant. (IP3 is a special provision code found in column 7 of the hazardous materials table).

Read: What are special provisions in the USDOT/PHMSA Hazardous Materials Regulations?

I think that is all we need. They do not need to be otherwise UN rated sack.

Am I right?

Thanks

Before I could answer he provided more information (12.08.17):

I was just told that since it is a hazardous waste that we should ship as a hazardous waste, not hazardous substance name so we are not allowed IP3 and must follow IB8.

Thoughts?

My answer (12.08.17):

I believe I have an answer to your question below.

• I do not believe the HazMat you describe can be classified as UN3077, Environmentally hazardous Substance, Solid, n.o.s. This is because special provisions code 146 in column 7 for that entry reads as follows (emphasis added):

This description may be used for a material that poses a hazard to the environment but does not meet the definition for a hazardous waste or a hazardous substance, as defined in §171.8 of this subchapter, or any hazard class, as defined in part 173 of this subchapter, if it is designated as environmentally hazardous by another Competent Authority. This provision may be used for both domestic and international shipments.

• Since this HazMat is a hazardous waste (USEPA hazardous waste codes D007 & D011) and will likely be an reportable quantity (RQ) of a hazardous substance for one or both, it can’t be shipped as UN3077, Environmentally hazardous substance, solid, n.o.s.
• Instead, I believe, it must be classified as: NA3077, Hazardous waste, solid, n.o.s., 9, PG III.
• Both UN3077 and NA3077 are subject to special provision code IB8 which indicates the need for specification packaging when shipping in an IBC (intermediate bulk container).
• UN3077 alone is subject to IP3 which is in addition to IB8 and not a replacement for it.
• Both UN3077 and NA3077 are subject to bulk packing instructions at 49 CFR 173.240. While these packing instructions allow for non-DOT specification rail cars (paragraph a), motor vehicles (paragraph b), and portable tanks and closed bulk bins (paragraph c), it requires specification packaging for IBCs (paragraph d).
• In short, this HazMat must be classified as NA3077, Hazardous waste, solid, n.o.s., 9, PG III and if shipped in an IBC must be packed in a DOT specification packaging.

I hope this helps. Please contact me with any other questions.

Conclusion:

That did it!

A person who offers a hazardous material (HazMat) for transportation (aka: the shipper) is required to select the authorized packaging for the HazMat and follow any relevant packing instructions in the Hazardous Materials Regulations (HMR). The authorized packaging and packing instructions are found in Part 173 of Title 49 of the Code of Federal Regulations (CFR). The section of part 173 that contains the packing instructions and identifies the HazMat’s authorized packaging is referenced in column 8 of the hazardous materials table.

• Column 8A for packaging exceptions, if any.
• Column 8B for non-bulk packaging, if such packaging is allowed for the HazMat by the HMR.
• Column 8C for bulk packaging, if such packaging is allowed for the HazMat by the HMR.

Read: Bulk Packaging for Hazardous Materials Explained!

But that’s not all! In addition to column 8, the shipper must also refer to the special provision codes of column 7. What are the special provision codes of column 7 in the hazardous materials table?

49 CFR 172.101(h):

Column 7: Special provisions. Column 7 specifies codes for special provisions applicable to hazardous materials. When Column 7 refers to a special provision for a hazardous material, the meaning and requirements of that special provision are as set forth in §172.102 of this subpart.

The codes in column 7 refer to special provisions, the meaning and requirements of which are found in §172.102. Not all special provision codes are applicable to all shipments of HazMat; it is possible that most (all?) of them won’t apply to a consignment of HazMat. For example, special provision codes that begin with “A” are applicable only to transportation by air. If a HazMat is to be transported by highway, rail, or vessel, then any special provision codes beginning with “A” are not applicable to that consignment.

Read: The Meaning of Special Provision Codes

The special provision codes of column 7 are identified and explained at §172.102. There we find a further explanation of special provision codes and what they mean to the shipper of a HazMat. When a special provision specifies packaging or packaging requirements, it is in addition to:

• The standard requirements of all packagings prescribed in §173.24.
• Any other applicable packaging requirements in 173, subparts A and B.

What that means is that the special provision codes, if applicable, will be in addition to any other packaging requirements of the HMR. But we’re not done…When a special provision specifies packaging or packaging requirements:

• If the special provision imposes limitations or requirements in addition to those prescribed in the packing instructions referenced by column 8 of the hazardous materials table, the shipper must comply with the requirements of the special provision.

So, no matter the requirements of the packing instructions of part 173 referenced by column 8 of the hazardous materials table, the special provisions codes will, if applicable, supersede and replace them for determining compliance.

For more information on both columns 7 and 8, read: Determining Authorized Packaging for the Transportation of a Hazardous Material

The special provision codes of column 7 are just one step in the process of offering a hazardous material for transportation in commerce. There are many more and most of them are the responsibility of the shipper of the HazMat. Make certain you are in compliance with the HMR by getting the required USDOT HazMat Employee training for you and your HazMat Employees.

Question:

Hi, Daniel, we have an IATA  question for you.

When we have multiple identical overpacks of the same dangerous good, could we put on the declaration “A1 through A33” instead of listing each A1, A2, etc.?

I think we cannot, but wanted verification.​ But if we can- it would simplify our warehouse manager’s life.

Thank you!

My reply:

Yes you can. Please see below for a more thorough answer.

• To facilitate identification, loading, and notification, the operator requires an overpack to show an identification mark (which may be any alpha-numeric format) and the total quantity of dangerous goods. This information must also be entered on the Declaration. The total quantity of the Declaration must match the total quantities shown on the overpack.
• Step 7 of 8.1.6.9.2 describes the requirements for completing the second sequence of the Shipper’s Declaration for Dangerous Goods: Number and Type of Packagings, Quantity of Dangerous Goods when dangerous goods are packed in an overpack – or multiple overpacks.
• Step 7 of 8.1.6.9.2 does not address your situation directly. It does refer to Figure 8.1.N Example 10 which does.
• Figure 8.1.N Example 10 displays a situation of four (4) overpacks with identical contents. On the Declaration it is described as follows:

• So, it is acceptable to display the overpack identification marks as a range instead of displaying each identification mark separately.
• Also, it is not necessary to display “Marine Pollutant” on the Declaration unless it is a bulk packaging.
  • The IATA Dangerous Goods Regulations do not require any additional description for a marine pollutant.
  • USDOT/PHMSA Hazardous Materials Regulations require an additional description for a marine pollutant transported by air but only if in a bulk packaging. Since the dangerous good is not in a bulk packaging, it does not require any additional description on the Declaration.

I hope this helps. Please contact me with any other questions.

Conclusion:

And that did it! If you are offering a package of a dangerous good to be transported by aircraft you must comply with the IATA Dangerous Goods Regulations (be sure you have the latest Edition!). Also, if the air transport begins and/or ends in the U.S. you must also comply with the USDOT/PHMSA Hazardous Materials Regulations (updated every six months!) Both of these regulations require that you provide training for any personnel with a direct effect on the safe transportation of the dangerous good. Let me help you to meet these training requirements!

A cargo tank is a type of packaging that when combined with a motor vehicle for highway transportation becomes a cargo tank motor vehicle (commonly referred to as a tanker truck). While its operation on a public roadway is the responsibility of the motor carrier, the responsibility to ensure attendance during loading or unloading of the cargo tank may be the responsibility of the motor carrier, the shipper of the HazMat, i.e., the person who offers it for transportation, a person operating the facility where transportation begins or ends, a contractor working for any one of the previous, or a third party.

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) regulate the loading and unloading of a cargo tank when it is performed incidental to transportation. It is the HMR that indicates who is responsible to ensure attendance by a qualified person at all times during loading and unloading of HazMat from a cargo tank.

The purpose of this article is to identify and explain the attendance requirements of USDOT/PHMSA at 49 CFR 177.834(i) of the HMR for the loading and unloading of hazardous materials from a cargo tank. (more…)

Sooner or later most generators of hazardous waste must prepare that waste, and offer it, for transportation to an off-site treatment, storage, and disposal facility (TSDF) for final disposal. The off-site transportation of the hazardous waste must be done in compliance with Federal regulations of the U.S. Environmental Protection Agency (USEPA), a state environmental agency if the state has an authorized hazardous waste program, and the Federal regulations of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA). At a minimum this will require the completion of the Uniform Hazardous Waste Manifest (the Manifest), which must be completed by the generator of the hazardous waste, and signed by both the generator / offeror of the hazardous waste and the initial transporter before it can begin transportation to the designated facility.

Handlers of hazardous waste have expressed concern with customer interaction to obtain the generator’s signature on the Manifest and have requested that transporters be allowed to sign the name of the generator on the Manifest to maintain social distancing during the COVID-19 public health emergency. USEPA responded to this concern with a memorandum issued May 18, 2020 explaining a temporary policy.

The purpose of this article is to explain USEPA’s temporary policy of May 18, 2020 for obtaining the necessary signatures on the Uniform Hazardous Waste Manifest during the COVID-19 public health emergency.

(more…)