Q&A: Are my “empty” tanks subject to USDOT regulations?

Here’s a question from September 18, 2017.  This guy had done his research (you can tell by his questions) but still required some guidance through the USDOT/PHMSA Hazardous Materials Regulations:

Good afternoon,

I’ve been doing some digging and I think I have the answer but I want to run it past you first.

What we’ll be doing: 2 – 400 gallon steel tanks fabricated to be about 4x6x5’ tall. They are open top tanks, like a cube. We’ll have them on a flatbed trailer. We will be taking them to a site, filling with diesel fuel, cleaning parts that are on site, draining the fuel and moving them to another site with no fuel in them. The driver will not have a commercial driver’s license (CDL). The GVW of the truck and trailer is less than 26,000 lb, so this is a CMV rig.

The combined gallons of the tanks is less than 1,000. We’re good. No endorsement needed. They are on a flatbed trailer. The intended use of the trailer is not for tanks, so it’s not considered a tanker. We’re good. No endorsement needed.

But, do we need to certify that the tanks are cleaned, purged, vapor free? We can rinse them very well at each cleaning station but they will no doubt a very small residual amount of fuel, at least a fuel smell – vapors.

If we rinse them with a degreaser to remove the odor, will that make us legal? Do we need to have them certified and then carry the cert with the us in the truck?

I think we need to have them certified clean and carry the cert. I hope I’m wrong.

What are your thoughts? Thank you very much.

Daniels Training Services, Inc.

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My reply that same day:

It looks like you have done your research. I will try to assist you as best I can. Please see below.

  • As long as the tanks are not being used to transport hazardous materials you are not subject to USDOT regulations.
  • If however, the tanks contain the residue of a hazardous material (diesel) – even vapors – then the transportation in commerce is subject to regulation. If that is the case, what you have are bulk packagings of a hazardous material which require placards.  Read: USDOT Regulations for the Transport of “Empty” Packagings
  • If placards are required to be displayed on a vehicle then, no matter the size, the driver must have a CDL with the HazMat endorsement.
  • A vehicle greater than 10,000 lbs but less than 26,000 lbs GVW engaged in interstate transport (i.e. between two states) is a commercial motor vehicle (CMV) subject to some – but not all – Federal regulations. A vehicle of >26,000 lbs GVW is subject to full regulation.
  • A vehicle engaged solely in intrastate transportation (does not leave the state) is subject solely to state regulations which may be more strict than Federal. Some states (e.g. California) regulate a CMV at less than 10,000 lbs.
  • The HazMat endorsement on a CDL is required only if the vehicle is required to display placards.
  • If the tanks are “sufficiently cleaned of residue and purged of vapors to remove any potential hazard”, then no HazMat exists, placards are not required.
  • A certification is not required in order to indicate the tanks are “empty” as defined above. It is up to you as the shipper to determine if the definition of “empty” has been met. You may wish to create some type of certificate for the driver to provide to an inspector if stopped, but it won’t mean anything if any harmful vapors remain in the tanks.
  • I assume from you question that you will not be transporting the diesel, that it will be on-site waiting for you. If this is the case then you are not a shipper or carrier of HazMat.
  • Almost all transport of HazMat is subject to regulation and will require HazMat Employee training.
  • I receive this question so frequently I turned it into an FAQ: Do I Need and “All Clean” Certificate for my Empty Cargo Tank?

I hope this helps. Please don’t hesitate to contact me with any other questions.

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This was clearly important to him because he replied immediately:

Thank you for your quick response.  Please scroll down and see the text below.  I found this in the regs – 49 CFR 173.29.  Great.

(b) Notwithstanding the requirements of paragraph (a) of this section, an empty packaging is not subject to any other requirements of this subchapter if it conforms to the following provisions:

(1) Any hazardous material shipping name and identification number markings, any hazard warning labels or placards, and any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) are removed, obliterated, or securely covered in transportation. This provision does not apply to transportation in a transport vehicle or a freight container if the packaging is not visible in transportation and the packaging is loaded by the shipper and unloaded by the shipper or consignee;

(2) The packaging—

(i) Is unused;

(ii) Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard;

We have the opportunity to rinse, scrub with degreaser and rinse again at each site.  These sites are all over the country so we’ll be interstate.  But with no residuals and no vapors we will not be transporting anything hazardous, just an empty tank.

What I’d like to do is generate a certificate for the driver that has the regulations listed for the office to see when we’re pulled over.  I have no doubt we’ll be pulled over at some point.  I’ll reference the CFR and hopefully the nice officer will let us go on our way peacefully.

How does that all sound?

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It didn’t sound too bad to me:

I think that sounds like a good idea.

Also, it may not hurt to contact a professional tank cleaner to see if they might let you have a look at the certificate they issue.  It might help you in selecting the wording for your certificate.

However, some language to the effect of “cleaned per 49 CFR 173.29(b)(2)(ii)…” would suffice.

Also, please note: the wastewater generated at each site will likely be a non-hazardous waste subject to state regulation.  For example, in Michigan it will likely be a Liquid Industrial By-Product.  In Pennsylvania, a residual waste.  In California, a non-RCRA hazardous waste.  In Texas a Non-Hazardous Industrial Solid Waste (Class 1 or Class 2).

Please contact me if you have any other questions about the transport of HazMat or the management of waste.

There were still some legs on this exchange:

We are working for a major oil company.  Our folks will check, but the client should have the means to dispose of / capture / store any rinse waters that are associated with their property.  Typically they would take care of that as they are the generators of such waste.

I do appreciate your help with this very much.

Have a good day.

And that was that!

Don’t let the regulations preclude you from conducting your business!  Don’t let your business prevent you from complying with the regulations!  Business can be done – and safely – if you research the regulations to ensure compliance.  I can assist you with your questions and hopefully help you to get the job done right.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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Daniels Training Services, Inc.

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Info@DanielsTraining.com

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The Characteristic of Toxicity for Hazardous Waste in California

Before we begin you must understand that the California regulations for the management of hazardous waste are more stringent and more broad than those of the USEPA – and indeed, more stringent and more broad than any other state with an authorized hazardous waste program.  I could make a list of all of the instances where the California regulations managed by the Department of Toxic Substances Control (DTSC) include requirements for generators of waste not found anywhere else (e.g. used oil is a hazardous waste in California).  But we don’t have the time to list all of the California hazardous waste generator regulations here.  Instead, the focus of this article is to identify and briefly describe the eight (8) – yeah, that’s right, eight! – subcategories of a characteristic toxic hazardous waste identified by DTSC.

The characteristic of toxicity is defined in 40 CFR 261.24 of the USEPA regulations and at 22 CCR 66261.24 of the California Code of Regulations.  A waste is a toxic hazardous waste in California if it is identified as being toxic by any one – or possibly more – of the following eight subcategories.

TCLP:

The Toxicity Characteristic Leachate Procedure (TCLP) is a test procedure used by USEPA to determine if a waste contains an identified toxin in its leachate that is at or above its Regulatory Level (RL).  This method of determination has been adopted by DTSC.  In other words, if a waste is determined to be a toxic hazardous waste under the Federal regulations of the USEPA it will also be regulated as a hazardous waste in California by the DTSC.  This is what is known in California as a “RCRA Hazardous Waste”.  The toxins and their RL are identified at 66261.24(a)(1).

The remaining seven (7) subcategories are managed in California as a “Non-RCRA Hazardous Waste”, meaning that they are not subject to Federal regulation and are a hazardous waste only when subject to the DTSC regulations in California.  These are sometimes also known as “California-Only Hazardous Waste”.

Totals and WET:

66261.24(a)(2) of the CCR contains two tables of toxins that include many of those of the USEPA but also many more that neither USEPA nor any of the other authorized state programs regulate as a toxin (e.g. zinc and/or zinc compounds).

  • Table II:  List of Inorganic Persistent and Bioaccumulative Toxic Substances – contains twenty (20) entries.
  • Table III:  List of Organic Persistent and Bioaccumulative Toxic Substances

In addition to identifying many more toxins, DTSC regulations include two test methods not found in USEPA regulations:

  • Waste Extraction Test (WET)
  • Total Digestion

Each of the above test methods is matched to one of two limits assigned to each toxin.

  • Soluble Threshold Limit Concentration (STLC) measured in mg/l if using the WET.
  • Total Threshold Limit Concentration (TTLC) measured in mg/kg if using Total Digestion.

So…

A substance is a toxic hazardous waste according to this subcategory if either of the following is true:

  • It contains an identified toxin at a concentration in mg/l of waste extract at or above the STLC value when using WET.

Or…

  • It contains an identified toxin at a concentration in mg/kg in the waste at or above the TTLC value when using Total Digestion.

Acute oral toxicity:

A toxic hazardous waste if it has an acute oral LD50 of less than 2,500 mg/kg.  If analytical data is not available a calculated oral LD50 may be used.  In other words, if by test or calculation it is determined that a concentration of less than 2,500 mg/kg of the waste would be fatal to at least 50% of organisms when ingested it is a toxic hazardous waste.

Acute dermal toxicity:

A toxic hazardous waste if it has an acute dermal LD50 of less than 4,300 mg/kg.  If analytical data is not available a calculated dermal LD50 may be used.  In other words, if by test or calculation it is determined that a concentration of less than 4,300 mg/kg of the waste would be fatal to at least 50% of organisms when absorbed through its skin it is a toxic hazardous waste.

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Acute inhalation toxicity:

A toxic hazardous waste if it has an acute inhalation LC50 of less than 10,000 mg/kg.  In other words, if by test or calculation it is determined that a airborne concentration of less than 10,000 mg/kg of the waste would be fatal to at least 50% of organisms when inhaled it is a toxic hazardous waste.  USEPA Test Method SW-846 Methods: 3810, Headspace (formerly Method 5020) may be used to “test out” for volatile organic substances.

Acute aquatic toxicity:

A toxic hazardous waste because it is toxic to fish.  A waste is aquatically toxic if it produces an acute aquatic 96-hour LC50 of less than 500 mg/l when tested using “Static Acute Bioassay Procedures for Hazardous Waste Samples”.  Read: What is an acute aquatic toxic hazardous waste in California?

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Carcinogenicity:

A toxic hazardous waste if it contains one or more carcinogenic substances (identified at 66261.24 (a)(7)) at a concentration of greater than or equal to 0.001% by weight.

Experience or testing:

A toxic hazardous waste if it has been shown through experience or testing to pose a hazard to human health or environment.  A waste may be considered toxic according to this subcategory even if doesn’t meet the criteria of any other toxic waste.  Currently the only waste considered to be hazardous according to this subcategory are those containing ethylene glycol (e.g., spent antifreeze solutions).

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There’s a lot more to California’s hazardous waste regulations than this – I haven’t begun to describe the Presumptive Wastes – but it should give you some idea of how much more broad DTSC is in its categorization of hazardous waste than is the USEPA.  Contact me if you have any questions about the management of waste in California or require the Hazardous Waste Personnel training required for the employees of a hazardous waste generator.

Q&A: What transport regulations apply to lithium ion batteries in equipment?

A commonly-shipped HazMat that generates a lot of questions for me:  lithium batteries:

Hello,

I saw that you had answered a few questions about transporting batteries in the past, and I had one for you that I hope you can answer. My company is transporting (by ourselves, not shipping), several manufactured articles over the coming months and they all contain three Li-Ion cells wired series to produce a 12V, 144Wh battery. Do we need any special placards or packaging etc with these on board?

Thank you,

I required a little time to research the regulations but replied a few days later:

Thank you for contacting me.  I will do my best to answer your question below.

  • What you describe will be classified as a hazardous material when offered for transportation as:  UN3481, Lithium ion batteries contained in equipment, 9
  • A lithium ion battery of 144 Wh – while not below the initial threshold of 100 Wh – is subject to the smaller lithium battery exception per 49 CFR 173.185(c)(1)(iv) which has a threshold of 300 Wh.

    Note:

    Batteries used in most consumer products – laptops, phones, power tools – are lithium ion of less than 100 Watt hours.
  • Conditions of this particular exception include:
    • Transport by highway or rail only.
    • Outer packaging must be marked “LITHIUM BATTERIES – FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT AND VESSEL”.  The mark must be of a size specified in 173.185(c)(1)(v).
    • Equipment battery is contained in must provide sufficient protection or the equipment must be placed in a rigid outer packaging.
  • No other package marks or labels are required as long as there are no more than two lithium batteries per package and no more than two packages per shipment (consignment).
  • The general packing requirements of 49 CFR 173.185(a)(1) & (2) and 173.185(b)(1) & (2) & (4) apply.
  • No other requirements of the Hazardous Materials Regulations of USDOT apply.

Also…

  • Placards are not required to be displayed on a vehicle transporting any amount of Class 9 Miscellaneous. Curious? read more about the requirement to display the Class 9 placard.
  • Since placards are not required a HazMat endorsement on the driver’s CDL is not required.
  • A CDL may not be required depending on the weight of the vehicle and the type of transportation (interstate v. instrastate).

I hope this helps.

Please don’t hesitate to contact me with any questions.

I didn’t hear back from them so I assume my answer was enough.

There are two points I suggest you take from this article:

  • The bigger the battery – measured in Watt hours for lithium ion and grams of lithium metal for lithium metal – the more burdensome the regulations.
  • The regulations for the transport of lithium batteries are most strict by aircraft, less strict by vessel, and least strict by highway and rail.

And finally: don’t take the transport of lithium batteries lightly! There are regulations (domestic and international) for their transport by all modes (aircraft, vessel, highway, or rail).  Let me help you to navigate your way through them.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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https://www.danielstraining.com/

8 Things About Generator Inspections of Hazardous Waste Containers

You may think you know everything there is to know about the USEPA regulations for the inspection of hazardous waste containers – and maybe you do – but you may just learn something from the regulatory requirements I’ve assembled below.

Note: the information in this article reflects changes to the regulations made by the Generator Improvements Rule.

1. Both large quantity generators (LQG) and small quantity generators (SQG) must conduct weekly inspections.  The very small quantity generator (VSGQ, formerly the conditionally exempt small quantity generator or CESQG) has no requirement for inspections.

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2.  Hazardous waste containers accumulated in a satellite accumulation area (SAA) do not require weekly inspections.

3.  Federal regulations of the USEPA for the management of universal waste and used oil do not include a requirement to conduct inspections of any kind.

4.  “Weekly” is not defined in the Federal regulations of the USEPA.  Does it mean every seven days? Once per calendar week? If a clear answer exists it will come from your state.  Since states with an authorized hazardous waste program may make their regulations more stringent and more broad than those of the USEPA, many states strictly enforce a ‘no more than seven days apart” policy for weekly inspections.  For others one inspection per calendar week will suffice (e.g., Minnesota and Alabama).

5.  Weekly inspections are required solely for hazardous waste containers in a central accumulation area (CAA).  Hazardous waste accumulated in other accumulation units at a generator are subject to different inspection requirements.

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6.  During an inspection USEPA regulations mandate a LQG or SQG look for exactly two things:

  • Leaking containers, and;
  • deterioration of containers caused by corrosion or other factors.

And that’s it!  At least under the Federal regulations; your state may require more.  And, you may find it a good practice to check other compliance issues (e.g. the labeling of hazardous waste containers)

7.  Remedial action is required if deterioration or leaks are detected.  Reference is made to the applicable regulations (§262.17(a)(1)(ii) for LQG and §262.16(b)(2)(i) for SQG) for the required remedial action.  Remedial actions are:

  • Immediately transfer the hazardous waste to a container in good condition, or;
  • immediately manage the waste in some other way that complies with the applicable (SQG or LQG) regulations (e.g. transfer the waste to another hazardous waste accumulation unit).

8.  Federal regulations of the USEPA do not require the generator to document the results of weekly inspections (this requirement was proposed but not adopted under the Generator Improvements Rule).  States with an authorized hazardous waste program may require a log of inspections conducted, and/or a record of the results of the inspection, and also maintenance of a document as a record.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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Make certain as a generator of hazardous waste you conduct the weekly inspections required by the USEPA.  But in addition you must also determine the specific requirements of your state to ensure complete compliance.  And of course, contact me if you require training for Hazardous Waste Personnel.

Q&A: What placard do I need if I am hauling a gas and water mixture?

Just one of those questions I frequently get from out of the blue:

What placard do I need if I am hauling a gas and water mixture?

How many gallons of that can I haul in a trailer behind my personal truck without having to go through the DOT?

My reply:

I will try to answer your question.  Please see below.

  • You must first determine if what you intend to ship is a hazardous material (HazMat) per the regulations of the USDOT/PHMSA.  Depending on the concentration of water and gasoline, what you describe may be hazardous or non-hazardous.  For the purposes of this discussion I will assume it to be HazMat.
  • If the quantity of HazMat transported is 1,001 lb (454 kg) or more the vehicle must display placards and it must be registered as a commercial vehicle.Placard and ID Number for Gasoline
  • If the HazMat is in a bulk packaging the vehicle must display placards and the vehicle must be registered as a commercial vehicle.
  • If the gross vehicle weight is greater than 10,000 lbs (this includes the vehicle, the HazMat, &etc.) the vehicle must be registered as a commercial motor vehicle.
  • Some state regulations are more strict than the above Federal regulations and may regulate commercial vehicles at weights of less than 10,000 lbs. (California, for example).

Read this article to learn more about the determination of a commercial motor vehicle when transporting hazardous materials by highway.

I hope this helps.  Please don’t hesitate to contact me with any other questions.

And I assume that satisfied him because he didn’t reply (which also frequently happens).

Feel free to contact me if you have any questions about the transportation of a hazardous material and especially if you are uncertain about what is – and isn’t – a hazardous material.

Daniels Training Services, Inc.

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Q&A: Is my tote a bulk packaging? Is it subject to regulation when shipped empty?

A question from a former coworker on August 29, 2017:

Good morning Dan. We have a client that has soaps coming to the facility that are corrosive in totes. They have contracted a recycling service to come pick up the empty totes. The service provider is being very conservative and wants to ship the totes as hazardous material, even though the totes are empty by normal practical means. They are stating the totes are 150 pounds each so when over six are shipped they are asking the client to provide placards for the shipment. The client is not DOT registered, they normally do not offer hazardous substances for transportation. Does the client take on liability for misrepresenting the shipment? (should not be shipped as a hazardous substance) I assume they would need to become registered and pay the annual fee, correct? If they only ship six totes (900 pounds), they would not require placarding and therefore would not need to be registered. However, if the transporter still wants to ship with a placard, could the client be responsible for misrepresenting the load by providing placards and signing shipping papers? Where is this addressed in the rules?

My reply that same day:

Thanks for contacting me.

  • Unless, “sufficiently cleaned of residue and purged of vapors to remove any potential hazard…” the packaging is subject to full regulation as a hazardous material when offered for transportation.  Read:  “Emptying” a Hazardous Material Packaging.  49 CFR 172.514(b) states this clearly for a bulk packaging.
  • There is an exception from full regulation for “empty” packagings that contain HazMat residue.  However, this exception does not apply to a bulk packaging.  I assume the “tote” you refer to is a bulk packaging.  Read:  Bulk Packaging for HazMat Explained!
  • Therefore, a bulk packaging containing any residue of a hazardous material must be shipped as a fully regulated HazMat.  This means that HazMat labels, marks, and/or placards are required on the packaging and on the vehicle as applicable.  A shipping paper describing the hazardous material must accompany the shipment.  All personnel involved in its off-site transportation must receive HazMat Employee training.UN3266 in Intermediate Bulk Container (IBC)
  • Any amount of a HazMat in a bulk packaging requires the display of placards on the vehicle.  It does not matter the weight of the HazMat nor the number of bulk packagings.  49 CFR 172.504(c) offers an exception for display of placards on a vehicle but not for bulk packagings or the really nasty HazMat of Placarding Table 1 at 49 CFR 172.504(e).
  • The shipper is responsible for the classification and shipment of the HazMat in compliance with the Hazardous Materials Regulations.  They will get the fine, not the carrier.

Options:

  • Ship empty totes as fully regulated HazMat.
  • Rinse out totes so no hazard remains.  Discharge wastewater down drain to POTW.  Then offer for transport.  No hazardous residue = no HazMat regulations.
  • Add chemical and/or absorbent to totes to neutralize Class 8 Corrosive.  No hazardous residue = no HazMat regulations.

Hope this helps.  Please contact me with any questions.

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It may not have been the answer he was hoping for but it did help:

Thank you so much Dan. I didn’t realize the totes were considered bulk packages and the “empty” definition does not apply. I’ve not really worked much with totes and I have learned something new again.

This really helps. Thank you.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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The Generator Improvements Rule and Weekly Inspections of Hazardous Waste Accumulation Units

A regulation proposed under the Generator Improvements Rule was to require hazardous waste generators – both large quantity generator (LQG) and small quantity generator (SQG) – to document the results of weekly inspections conducted on hazardous waste accumulated in containers, tanks, and drip pads.

The USEPA did not adopt this proposed regulation.

However, a state with an authorized hazardous waste program may require the maintenance of a document as a record of an inspection.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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Houston’s Wright Containers hit with Felony Charges for Alleged Dumping of Toxic Chemicals

Houston’s Wright Containers hit with Felony Charges for Alleged Dumping of Toxic Chemicals

The Bullet:

A Houston chemical container company and two of its principals face felony environmental charges.  It is alleged the company used a hidden storm drain to dump benzene and other highly toxic liquids into waterways near homes and schools over a period of at least months, injuring its employees in the process.

Who:

  • Wright Containers:
    • Opened facility in Houston, TX in 2017 and had plans for a second location in Sulphur, Louisiana.
    • It has customers from Texas, Louisiana, Mississippi, Oklahoma and other states.
  • Both the owner of the company and the general manager were charged with a felony for the alleged environmental crimes.
  • Investigated by:
    • Environmental Crimes Division of the Harris County District Attorney’s Office.
    • Houston Police Department’s Environmental Crimes Unit.
  • Reported by:  Mark Collette and Brian Rogers of the Houston Chronicle.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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What:

Wright Containers picked up dirty and empty intermediate bulk containers (IBCs) – commonly referred to as totes – from businesses.  (IBCs / totes are hefty industrial-strength containers, made of thick plastic, holding up to 330 gallons of liquid and encased in metal cages mounted on pallets.) Wright Containers advertised it used “a proprietary chemical treatment” to recondition the IBCs / totes for reuse as a packaging for hazardous materials.  Instead, according to the investigation, the company had its employees cut the plastic containers into pieces to be thrown away, then re-outfitted the metal cages with other inner plastic containers.

It is alleged any toxic chemicals remaining in the IBCs / totes were discharged down a storm drain which ultimately leads to Sims Bayou and then Galveston Bay.  The dumped chemicals included benzene, ethylbenzene, butylbenzene, dichloromethane, ethylbenzene and toluene, among others. Some are carcinogenic and highly flammable.  Workers stacked the IBCs / totes around the property’s central storm drain to block it from public view.

It is believed that Wright Containers did not have the required permits for handling hazardous waste. An online Texas Commission on Environmental Quality (TCEQ) database of regulated companies shows nothing under the company’s name when reviewed by the Houston Chronicle.

There is no evidence that companies sending totes to Wright Containers knew how the waste was being disposed.

The owner of the company and its general manager, each face two counts of intentional water pollution and one count of improper disposal and storage of hazardous materials. If convicted, they could face up to 10 years in prison and fines of up to $250,000 per violation. The company is also named as a defendant.

To report acts of pollution to air, water or land to HPD’s Environmental Investigations Unit, call 713-525-2728

Where:

Wright Containers, in the 6600 block of Lindbergh Street in southeast Houston, is a few blocks away from Seguin Elementary School and hundreds of homes. Two other schools are nearby.

When:

  • Prosecutors say Wright Containers opened for business early in 2017.
  • January 8 2018, a Temporary Restraining Order was granted against Wright Containers, forbidding them from accepting or disposing any hazardous waste at their local site.
  • Wright Containers was indicted on February 2, 2018.
  • Updated 9:32 am CST, Monday, February 5, 2018

Why:

Prosecutors said they want this case to institute a new era of accountability for environmental crimes, relying on new lines of communication with the community to ferret out wrongdoers.

“If you’re operating without a license and handling hazardous waste, discharging hazardous waste, disposing of it, we’re going after you,” said Alex Forrest, chief of the environmental crimes division of the Harris County District Attorney’s Office.

How:

The alleged activity was brought to the attention of law enforcement by former employees acting as “whistle-blowers”.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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Conclusion:

I find it very interesting that other than the reference to searching the TCEQ database above, there is no action of either the Texas Commission on Environmental Quality or the US Environmental Protection Agency reported in this case.  It appears to have been handled entirely as a criminal act by local authorities.

This should serve as a wake-up call to all within the regulated industry.  It is not just the state or federal agencies that may stop by for their regularly-scheduled inspections and issue you a notice of violation (NOV) and perhaps a small financial penalty.  Here we see local law enforcement pursuing criminal investigations against a business for violations of environmental regulations.

Something else I noted in this report is that no responsibility is assigned to the companies that sent their totes to Wright Containers, and they better hope it stays that way.  However, under the cradle-to-grave responsibility a company has for the waste it generates under RCRA, those companies could be held responsible for the mis-management of their waste.

And finally, keep your neighbors happy:

We depend on our law-enforcement agencies, concerned citizens and whistleblowers to develop and communicate the intelligence and information we need to shut down these hazardous operations.  The community truly is our eyes and ears, and we want the public to know we are here.

Daniels Training Services - USEPA/TCEQ Waste TrainingMy training and consulting services can help you to avoid the NOVs, civil penalties, and criminal prosecution that can result from violation of the regulations.

Q&A: What are the California regulations for a Commercial Motor Vehicle?

The question came by way of a telephone conversation on August 28, 2017 (no transcript available).  A gentleman was interested in the transport of asbestos waste – a hazardous material per USDOT/PHMSA regulations if friable – in California.  He needed to know if the transport in commerce of asbestos waste was subject to California regulations as a commercial motor vehicle (CMV).  I had the time to research the California regulations (this isn’t my usual area of expertise) and fire off to him some information in an email that same day:

Shipping description for asbestos

Please see below for some guidance regarding the status of CMVs in California.

  • Title 13 of the California Vehicle Code (CVC) part 260 defines a commercial vehicle:

A commercial vehicle is a type of vehicle:

  • Used or maintained for the transportation of persons for hire, compensation, or profit (for example, a taxi or limousine).
  • Designed, used, or maintained primarily for the transportation of property.

Commercial motor vehicleTypes of motor vehicles include but are not limited to:

  • Motor Truck (CVC 410)
  • Pickup (CVC 471)

Per 13.005, commercial vehicles must be registered – and pay fees – based on their gross vehicle weight (GVW).

Based on the above it appears that the California definition of a CMV (aka: Regulated Vehicle) is more strict than the Federal regulations or other states.

Also:

  • The transporter of a hazardous waste (RCRA or non-RCRA) must be registered with DTSC.
  • CVC §15278(a)(4) requires a HazMat endorsement for those who drive a vehicle requiring placards.
  • As noted earlier, asbestos as a Class 9 Miscellaneous is not required to display placards.
  • Other hazardous waste (both RCRA & non-RCRA) may require the display of placards depending on the quantity.
  • On the CHP website is a good tool for determining compliance:  The Terminal Manager’s Compliance Checklist (CHP 800D)
    • A bullet point under #31 of the checklist indicates the need for HazMat Employee training (I provide this training).
  • For more information contact the CHP at 916.843.3400.

I hope this helps.  Please contact me if you require any additional information.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

That seemed to satisfy him.

The transportation in commerce of hazardous materials – which includes asbestos waste – is subject to the regulations of several agencies:  OSHA, for the potential exposure to employees; USEPA, to reduce the impact of its disposal on the environment; USDOT/PHMSA, for its safe transportation on public roadways; and those of your state if the transportation is for a business.  Some states, like California, have even more strict regulations for the operation of commercial motor vehicles (CMVs).

Q&A: Can I ship half-full drum of hazardous materials?

A question from a member of our armed services (thanks for your service!) on August 28, 2018:

Can you ship half full 55 gallon drum?

My reply 11 minutes later:

Thank you for contacting me.

There is nothing in the Hazardous Materials Regulations (HMR) of the USDOT/PHMSA that forbids the shipment of a half-full packaging. It is OK to ship a half-full 55-gallon drum.

Please don’t hesitate to contact me with any other questions.