A good question from someone looking to classify a hazardous material (April 4, 2017):
Hello,
Was wondering if you could answer this question. How do you choose whether a material mixture should be called “Flammable liquid corrosive n.o.s.” or “Corrosive liquid Flammable n.o.s.” I noticed both exist. regards
My answer the next day (April 5, 2017):
Thank you for your question, I will do my best to answer below.
It is the responsibility of the shipper of a hazardous material to classify it per the PHMSA/USDOT Hazardous Materials Regulations (HMR).
At 49 CFR 172.101(c)(10) the HMR indicates the procedure for classifying a solution or mixture. One option is to choose a generic shipping name: Flammable liquid, corrosive, n.o.s. (primary hazard class 3. Subsidiary hazard class 8) or Corrosive liquid, flammable, n.o.s. (primary hazard class 8. Subsidiary hazard class 3).
To determine the primary and subsidiary hazard class the shipper must first determine the packing group for each hazard class (Class 3 at 49 CFR 173.121. Class 8 at 49 CFR 173.137).
With the packing group determined for each hazard class (3 & 8), shipper must proceed to 49 CFR 173.2a and refer to the Precedence of Hazard Table.
Using the table the shipper can determine the primary and subsidiary hazard class. This, then, can be used to determine the correct proper shipping name.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Short answer: Use the Hazardous Materials Regulations to determine if it is primarily corrosive or primarily flammable and then choose the correct proper shipping name.
I hope this helps. Please contact me with any other questions.
A question from someone in industry about empty oil drums (April 18, 2017):
Hello my name is <<Name>> and I work for <<Company>>, I have a simple question we use 55 gallon metal and plastic drums to contain our oil and have to pay a large sum of money to have them disposed of. If we meet the RCRA empty container requirements can we cut these drums in half and dispose of them or is there some sort of training we would need to go through or an inspection process so that we can simply throw them away ourselves or what do you suggest?
Thank you for contacting me. I will do my best to answer your questions below.
It is most likely that your oil is not a hazardous waste upon disposal per EPA regulations (state or federal) and is not a hazardous material when offered for transportation per PHMSA/USDOT regulations. A Safety Data Sheet could confirm this assumption.
If the oil is neither a hazardous waste nor a hazardous material then the drums themselves are not subject to regulation for their disposal nor their transportation off-site.
As a non-regulated material you have many options for the empty drums (still containing some oil residue):
Discard as a waste – Check with your landfill and state regulations to determine their position on containers. Many landfills don’t like to see empty containers; you may need to chop them up first. PLEASE REFER TO THE WARNING BELOW BEFORE YOU PERFORM ANY ACTIVITY ON EMPTY DRUMS.
Recycle – Especially those of metal may be of interest to scrap metal recyclers.
Reclamation – Especially the steel drums may be of interest to drum reclaimers.
NOTE: state regulations regarding empty containers may be more strict (e.g. California & Texas). It has been awhile since I have done training in <<State>> but I am not aware of any state regulations for empty containers. More research would confirm this assumption.
Is the supplier of the oil interested in taking the drums back for reuse?
Summary: Except for a state regulation I am not aware of, or the limits of your landfill or recycler, you can pretty much do whatever you want with your empty drums.
A question from someone I have never done business with but who found me (04.07.17):
Our company is going to be transporting in a dry van, some equipment, It runs on diesel fuel. Are DOT placards necessary if they drain the tanks before transport? or maybe only have a few gallons max in the machines? We need to know what DOT regulations have to be followed here. Like I said, it would only be a few gallons, the rest would be drained before moving.
Any help is truly appreciated
Thank you,
My reply that same day:
Thank you for contacting me. I will do my best to answer your question below:
Depending on its flash point, diesel fuel is a Class 3 Combustible Liquid per USDOT regulations when transported in commerce.
Any amount of a hazardous material remaining in a packaging – even vapors – is subject to USDOT regulation. There are some exceptions from full regulation for non-bulk packagings.
Diesel fuel is subject to the Combustible Liquid Exception which excepts it from all USDOT regulation if it is in a non-bulk packaging.
If the tanks on the turf-installation equipment have a capacity of no more than 119 gallons they are non-bulk packaging.
Diesel fuel in a non-bulk packaging is not subject to USDOT regulations, therefore the tanks do not need to be rinsed and placards are not required. No regulations of the USDOT apply.
I hope this helps. Please don’t hesitate to contact me with any other questions.
I get that question a lot. For diesel fuel and other Class 3 Combustible Liquids it’s a simple matter of whether the packaging in which they are contained is bulk or non-bulk. If non-bulk, and a few other conditions, it is not a hazardous material. If bulk, or one of those other conditions, then it’s more complicated.
Contact me to help you sort out any question you may have about the transportation of diesel fuel, other Combustible Liquids, or any hazardous material.
AHJ is an acronym used by USEPA for the authority having jurisdiction (AHJ) over the fire code of a particular area. Adopted by the USEPA for use in the Generator Improvements Rule’s revision to the 50 Foot Rule, it was originally developed by the National Fire Protection Association (NFPA) and identified by them as follows:
The authority having jurisdiction (AHJ) is that person or office charged with enforcing the Life Safety Code. In many states the AHJ is the state fire marshal who has local inspectors work on his/her behalf. In some cities, fire department fire prevention division personnel fulfill the role of AHJ; sometimes it is the building official. For some occupancies, there is more than one AHJ; each AHJ’s approval must be secured. For example, the authorities having jurisdiction for a hospital might include: state fire marshal; building official; fire department fire prevention officer; state health care licensing agency; The Joint Commission; U.S. Department of Health and Human Services – Centers for Medicare and Medicaid Services (CMS); and the facility’s insurance carrier. If you’re unsure who the AHJ is, contact your state fire marshal. (emphasis added)
USEPA felt the term could be used in its regulations without explanation since it has been adopted by several state and local governments and is in wide use in various fire codes.
In the preamble to the final rule in the Federal Register, USEPA identifies the AHJ as an entity or individual who, “…has the ability to determine a safe and practical location for the facility to store ignitable or reactive waste that is within 15 meters (50 feet of the facility’s property line.”
Also, USEPA indicates it intends the AHJ to have each of the following:
Detailed knowledge of the fire code.
Ability to evaluate the site conditions to determine a safe and practical place for storing ignitable and reactive wastes.
And…
Authorized by the state or local government to enforce the fire code.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
You ask, “Must the AHJ be the fire marshal?” USEPA answers: “An AHJ may or may not be the fire marshal, fire chief, building official or another official as designated by the state or local government.”
You ask, “Can my local fire department be the AHJ?” USEPA answers: “Yes, if your local fire department meets the criteria for the AHJ in your area.”
If you have any more questions about the 50 Foot Rule, the Generator Improvements Rule, or any other regulations – state or federal – for the management of waste, please don’t hesitate to contact me.
The Generator Improvements Rule went into effect on May 30, 2017. “Into effect” however, only in the federal regulations of the U.S. Environmental Protection Agency (USEPA) and those states without an authorized hazardous waste program (read: What is the status of the Generator Improvements Rule in my state?) The new rule made over 60 changes to the regulations of the USEPA, mostly those applicable to the generator of a hazardous waste. The purpose of this article is to explain the revisions the new rule made to what is commonly known as the Fifty Foot Rule. (more…)
An assumption, some research and a question (02.21.17):
Hi Daniel,
I always thought that RCRA Hazardous waste regulations require hazardous waste drums not be stored with non-hazardous waste drums. However, I scanned through 40 CFR and don’t see where it specifically says this.
I ask because I am working on reclassifying some of our solvent waste as Hazardous Secondary Materials (HSM) since they are legitimately recycled. Indiana adopted the Federal HSM regulation in November of 2016. I’d prefer to keep my drum storage as is, and leave the HSM drums with the other “hazardous waste” drums and not have to find a different storage location.
Can you please let me know if I’m missing the regulation that would prohibit this?
My reply the same day:
There is no regulations – state or Federal – I am aware of that forbids storage of hazardous and non-hazardous waste in proximity to each other. Some accumulation requirements to note:
Regulations applicable to a small quantity generator (SQG) and large quantity generator (LQG) of hazardous waste require them to segregate all incompatibles whether they be hazardous, non-hazardous, or not a waste at all, i.e. material. Read: Examples of Potentially Incompatible Wastes
An LQG must maintain Ignitable (D001) and Reactive (D003) Haz Waste >15 m (50 feet) from its property line. The Generator Improvements Rule has created a waiver to this rule.
I hope this helps. Please let me know if you have any other questions.
Conclusion:
The question is a simple one with a simple answer but a much deeper meaning. Notice how the questioner had a long-standing incorrect assumption (harmless as it turned out) regarding the regulations. Also, how a ‘scan’ of the regulations didn’t return an answer. A great error of many in the regulated industry – and one I have to be on guard for – is the assumption of how the regulations work without an understanding of their exact meaning as written and any interpretations. Don’t let an assumption of the USEPA RCRA regulations for the management of hazardous waste determine your compliance with them; it may lead to a violation.
So what can you do besides spend hours every day researching the regulations? Do what this person did and contact me with your questions about the cradle-to-grave management of hazardous waste.
Most shipments of hazardous materials subject to PHMSA/USDOT regulations require the use of a specification packaging. There are two types of specification packaging recognized by the Hazardous Materials Regulations (HMR):
UN Standard (aka: performance oriented packaging). Used for all non-bulk packagings and intermediate bulk containers (IBCs).
DOT specification. Used for aerosols, cargo tanks, tank cars (rail), portable tanks, and more.
Due to its strict standards of construction, specification packaging can be very expensive. Whenever a shipper has an opportunity to use non-specification packaging – due to an exception to full regulation such as the limited quantity exception – it can result in a significant cost savings.
Note:
PHMSA/USDOT is the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation. What is the PHMSA?
While most of the exceptions found in the HMR allow for the use of non-specification packaging, only some of them require a “strong outer packaging” to be used in its place. The purpose of this article is to explain what the HMR means by a “strong outer packaging”. (more…)
The international transportation of a dangerous good by vessel – over water – is subject to the dangerous goods code of the International Maritime Organization (IMO).
The IMDG Code is published by the IMO every two years. In effect until the end of 2017 is the 2014 Edition which includes the 37-14 amendments. It will be replaced on January 1, 2018 with the 2016 Edition which includes the 38-16 amendments (read: The IMDG Code Amendment Cycle – 2016 thru 2025). The important thing to realize is this: as of January 1, 2018, if you offer a dangerous good for international transportation by vessel you must comply with the 2016 Edition of the IMDG Code. Therefore, as a shipper of dangerous goods you must be aware of any changes to the 2016 Edition from the 2014 Edition. The purpose of this article is to summarize the significant changes to the 2016 Edition of the IMDG Code. (more…)
All shipments of a hazardous material (HazMat) must comply with the regulations of 49 CFR 173.24 known as the General Packing Requirements. Therefore, if you are the shipper of a HazMat – even one subject to an exception from regulation – you must comply with the General Packing Requirements. The purpose of this article is to identify and explain all of the responsibilities of a shipper of HazMat in §173.24 of the PHMSA/USDOT Hazardous Materials Regulations (HMR).
Applicability:
Unless specifically indicated elsewhere the General Packing Requirements apply to all packagings:
Bulk and non-bulk.
§173.24a contains additional packing requirements for non-bulk packagings.
§173.24b contains additional packing requirements for bulk packagings.
Each package used for the shipment of HazMat must be designed, constructed, maintained, filled – not overfilled – and closed so none of the following occurs under normal transportation conditions.
A release of HazMat to the environment that can be detected by unaided human senses. Detection through the use of instruments doesn’t count.
Damage to the packaging due to any of the following:
Minimum and maximum temperature.
Changes in humidity and pressure.
Shocks, loadings, and vibrations.
A mixture of gases or vapors in the package that could damage the packaging.
A residue of a HazMat adheres to the outside of the packaging.
Note:
As the shipper of the HazMat you are required to know the conditions to be expected during normal transport. To include but not be limited to: temperature, pressure, vibrations, exposure to elements, handling, &etc.
Authorized Packagings (two options):
Option 1. The packaging is authorized for the HazMat by the standard method:
Prescribed in the section of part 173 identified in column 8 of the Hazardous Materials Table. And…
Conforms to the applicable requirements of the special provision codes in column 7 of the Hazardous Materials Table. And…
The specification requirements of part 178 (for all packagings except rail tank cars) or part 179 (tank cars).
Note:
This does not apply to a UN standard packaging manufactured outside the U.S. For more on that, read the next section: Specification Packaging.
Option 2. The packaging is permitted under and conforms to:
Provisions contained in 49 CFR 171, subpart B or C:
Subpart B regarding an approval or authorization issued by the Bureau of Explosives.
Subpart C regarding the international transportation regulations of the ICAO Technical Instructions, the IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations.
The use of supplementary packagings within an outer packaging additional to what is required by these regulations is permitted provided all applicable requirements of the regulations are met and, when necessary, suitable cushioning is used to prevent movement within the packaging.
Example: A 55-gallon steel drum is the authorized packaging for a hazardous material. The HazMat is currently contained in a 30-gallon fiber drum that is in good condition but is not authorized. The 30-gallon non-authorized packaging may be placed in the 55-gallon authorized packaging as long as all other applicable requirements of the Hazardous Materials Regulations are met and cushioning is used to prevent movement of the 30-gallon drum inside the 55-gallon drum.
Specification Packagings and UN Standard Packagings Manufactured Outside the U.S.:
A specification packaging – including a UN standard packaging – manufactured in the U.S. must conform to the applicable specification or standard in part 178 (for all packagings except rail tank cars) or part 179 (tank cars).
A UN standard packaging manufactured outside the U.S. may be imported and used and is considered to be an authorized packaging subject to the the following conditions and limitations:
It was manufactured in accordance with national or international regulations that are based on the UN Recommendations. Just like the PHMSA/USDOT regulations are based on the UN Recommendations.
The packaging is capable of passing the prescribed tests for its type of packaging in part 178.
The competent authority of the country of manufacture provides reciprocal treatment for UN standard packagings manufactured in the U.S.
Compatibility:
No matter what packagings are prescribed for a HazMat by part 173, it is the responsibility of the shipper to ensure the packaging is compatible with its contents. This particularly applies to the following:
Corrosivity
Permeability
Softening
Premature aging
Embrittlement
There must be no significant chemical or galvanic reaction between the HazMat and the packaging.
Plastic packagings and receptacles (i.e. inner packagings of a combination packaging) must be compatible with the HazMat and must not be so permeable that a hazardous condition may occur. Each plastic packaging used for liquid HazMat must be capable of withstanding the test of its chemical compatibility and rate of permeation in the test procedure specified in appendix B of part 173 (Procedure for Testing Chemical Compatibility and Rate of Permeation in Plastic Packagings and Receptacles). Alternative test procedures or rates of permeation are permitted if as safe as the standard and if approved by PHMSA/USDOT. There’s more – a lot more – you can read it yourself at 49 CFR 173.24(e)(3)(ii-iii).
HazMat may not be packed or mixed together in the same outer packaging with other HazMat or even non-HazMat if a combination could cause any of the following:
Combustion or dangerous release of heat.
Release of flammable, poisonous, or asphyxiant gases.
Formation of unstable or corrosive materials
If a solid HazMat may become liquid during transportation the packaging must be able to contain it in its liquid form.
Closures:
Closures on packagings must be designed (responsibility of the packaging manufacturer) and closed (responsibility of the shipper) so that under normal transportation conditions…
There is no identifiable release to the environment from the opening unless it is ‘venting’ allowed by §173.24(g) (see next section).
The closure is leakproof and secured against loosening. For air transport, closures held in place by friction (e.g. stoppers, corks) must also be held in place by some positive means.
Note:
Transportation of HazMat by air will likely be subject to the dangerous goods regulations of ICAO/IATA which are more strict than those of PHMSA/USDOT described here.
Unless indicated otherwise, a packaging closure – and closure components such as gaskets – of a specification packaging must meet all the requirements of the specification (responsibility of the packaging manufacturer) and be closed (responsibility of the shipper) in accordance with instructions provided by the manufacturer. This means that closure components used for a specification packaging must be those specified in the closure instructions (LOI 15-0144).
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Venting of a packaging is permitted only under the following conditions:
Its purpose is to reduce internal pressure that may develop due to the creation of gas from the contents.
Transportation by aircraft is not allowed unless HazMat is one of the following:
A cryogenic liquid as specified at §1732.320(c).
Carbon dioxide, solid (dry ice).
The gases created under normal transportation conditions are not one of the following:
Poisonous
Likely to create a flammable mixture with air.
An asphyxiant.
Note:
An asphyxiant is a substance that can cause unconsciousness or death by suffocation (asphyxiation).
The packaging is designed to prevent an unintentional release of HazMat. An unintentional release is distinct from the gas released through the packaging’s permitted venting which is intentional.
IBCs may be vented if all of the above conditions for venting a package are met and the type of IBC has passed the applicable design qualifications (with the vent in place) with no release of hazardous materials.
Outage and filling limits:
These regulations (49 CFR 173.24) do not include specific outage (aka: ullage) and filling limits for packagings containing HazMat. It does include the following:
A general requirement that packagings and receptacles for liquids must be filled to leave sufficient outage to allow for expansion due to likely transportation temperatures.
A reference to specific outage and filling limits elsewhere in the HMR:
§173.24a(d) for liquids in non-bulk packaging.
§173.24b(a) for bulk packaging.
§173.301 through §173.306 for compressed gases and cryogenic liquids in cylinders.
§173.314 through §173.319 for compressed gases and cryogenic liquids in bulk packagings.
Note:
Only at §173.24b(a) applicable to a bulk packaging does the possibility exist of an outage or filling limit applicable to a solid HazMat. All other limits are applicable solely to a liquid or gas.
Air transportation:
Except for packages subject to the following regulations, all packages for transport by air must conform to the general requirements for transportation by aircraft at §173.27. The exception to this requirement are the HazMat subject to or identified in the following:
A restriction or limitation for a specific HazMat identified at §171, subpart C – Authorization and Requirements for the Use of International Transport Standards and Regulations.
A consumer commodity packaged pursuant to 49 CFR 173.167 of the HMR.
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Conclusion:
Remember: these are only the general packing requirements applicable to all packagings and all modes of transport. There are also the following additional general packing requirements:
§173.24a – Additional general requirements for non-bulk packagings and packages
§173.24b – Additional general requirements for bulk packagings
§173.27 – General requirements for transportation by aircraft
And then there are the packing instructions specific to the HazMat classification (e.g. §173.185 for lithium cells and batteries).
Make certain you have thoroughly researched the regulations applicable to your shipment (hazardous material, packaging, mode of transportation…) before you offer for transportation a hazardous material.
Question: Can minor rips, tears, and pinholes be repaired by placing clear adhesive tape over the minor damage as long as this practice does not compromise the packaging’s ability to pass the applicable design qualification test or to provide appropriate containment of the hazardous materials under normal conditions of transportation?
Question: Can a carrier reject a packaging for transport if the shipper complies with all of 49 CFR 173.24 and all other applicable requirements of the HMR?
Answer: Yes. See second from final line of LOI 15-0144.
The general packing requirements of part 173 aren’t the end of it. As as matter of fact, they are only the beginning. A shipper of HazMat still has a long way to go to ensure their HazMat is classified, described, packaged, marked and labeled/placarded, and are in all respects in proper condition for transport. Please continue to read my articles to learn more. Subscribe to my newsletter so you’ll not miss anything. And be sure to contact me with any questions.
A question from someone in the regulated community (03.07.17):
Dear Mr. Stoehr,
I am a dispatcher for an LTL freight company, and I get frequent questions from drivers about using dangerous placards. I found your article online titled “When not to use the Dangerous Placard for Shipments of HazMat”, and I found it very informative, and answered most of the questions I receive; however, there are a couple of situations I was hoping you could clarify.
The first situation is regarding usage on loads containing bulk containers. In the example you provide, it states that dangerous placards cannot be used if there are “several portable tanks of two or more hazardous materials loaded into a tractor trailer.” A situation that we often encounter is one or more portable tank(s) in a load along with one or more non-bulk hazardous materials. If the bulk container(s) are placarded with the appropriate UN specific placards, can a dangerous placard be used to cover the remaining non-bulk shipments, or is it that once a bulk package is introduced into a load, that all items must be placarded individually regardless of the packaging or quantity?
The other situation is similar in nature, but regarding the stipulation for when more than 2205 lbs or more of one category of material is loaded at one loading facility. If we load a trailer with 3000 lbs of corrosive class 8, as well as 1500 lbs of flammable class 3, and 600 lbs of oxidizer class 5.1 (all of which are in non-bulk packaging), can a dangerous placard be used to cover the flammable and oxidizer, or do all three need to be placarded separately?
I greatly appreciate any clarification you may provide; however, I completely understand if you are unable to respond. Thank you very much for you time and consideration.
Of course I was able to respond. I just needed a little time (03.07.17):
I can answer your questions.
Please give me a couple of days to research and reply.
Thank you for contacting me. I will do my best to answer your questions below.
The regulations require a vehicle that contains a bulk packaging to display the appropriate placard with the identification number for the HazMat. The identification number must be displayed on the placard or near it on an orange panel or white square-on-point. The regulations allow for the display of the Dangerous placard on a vehicle instead of the separate placards if it contains two or more HazMat in non-bulk packagings that require the display of placards. In answer to your first question: the Dangerous placard may be displayed along with the placard and identification number of a HazMat in a bulk packaging if the vehicle also contains two or more HazMat in non-bulk packagings that require placards in addition to the HazMat in the bulk packaging.
The Dangerous placard may be displayed instead of the separate placards for two or more HazMat in non-bulk packagings that require the display of placards unless 1,000 kg or more of one HazMat is loaded at one facility. In that case, the placard for the HazMat at or exceeding 1,000 kg must be displayed instead of the Dangerous placard. In answer to your second question: If 1,000 kg or more of one HazMat is loaded at one facility, that HazMat must display its placard. However, if two or more other HazMat of less than 1,000 kg each in non-bulk packagings are loaded at the same facility, the Dangerous placard may be used for them instead of their separate placards.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
