A question received through my website (Contact me) on March 16, 2016:

In addition to the DOT-SP number being listed on the hazmat shipping paper, are you also required to send a copy of the DOT-SP with the hazmat shipment? We are primarily shipping 2.2 compressed gas with the DOT-SP stamped on the bottle. Thanks

My reply that same day:

The requirement to provide a copy of the special permit with the shipment will be indicated on the special permit.

First contact March 15, 2016:

Daniel,

Do empty aerosol cans that are generated in an office environment have to be treated the same as if they were generated in a manufacturing environment? We generate empty aerosol cans in our manufacturing plant and treat them as hazardous waste. We accumulate them in a metal 55 gallon drum and when filled we pay someone to generate a manifest and pick them up for disposal. How are empty aerosol cans disposed of in an office building? Can they just be tossed in the trash?

I would appreciate any input on this that you can provide. We are located in St. Louis, MO.

My snap reply that same day:

Management of waste aerosol cans, and indeed all waste, is subject to the same federal and state regulations if it comes from a business.

And, a more thorough answer also on March 15th:

The question of whether or not aerosol cans are a hazardous waste is tricky.  Please note below:

• Empty Steel Aerosol Cans as a Reactive Hazardous Waste
• Manage Your Waste Steel Aerosol Cans Under the RCRA Scrap Metal Exemption
• Explanation of the Characteristic of Reactivity (D003)
• Explanation of the Characteristic of Ignitability (D001)
• Explanation of the Characteristic of Corrosivity (D002)

OK,  full disclosure:  The following list borrows heavily from The Hazardous Waste Generator’s Handbook created by the Kansas Department of Health and Environment (KDHE).  I highly recommend it to any Kansas business that requires an introduction to the state regulations for generators of hazardous waste, universal waste, and used oil.  What I have appropriated for my own use below are some very good guiding principals that can be used by any business anywhere to ensure compliance with the Federal and state – whatever state you’re in – regulations and to minimize the liability associated with generating a waste.

1. Minimize the amount of hazardous waste generated. This can be done in several ways including a formal Waste Management System or a simple review of what is used at the facility and a look at alternatives to see if less toxic substitutes can be found. Another waste minimization method is to change to different processes that utilize less product and/or produce less waste. Most waste minimization projects pay for themselves within a couple of years through reduced product purchases and reduced waste disposal costs.
2. Determine what is the primary environmental regulatory enforcement agency in your state.  The USEPA allows all states, territories, and tribes to operate their own hazardous waste program within their jurisdiction if the program meets USEPA requirements and is thereby “authorized”.  Does your state/territory/tribe have its own authorized hazardous waste program?  Or is it subject to Federal regulations?  Read this article to find out:  State Authorization Under RCRA.
3. Good housekeeping, by removing old, unused products, empty containers, old parts, etc. to create space and reduce potential regulatory issues and complaints.  Proceed carefully through any clean-up of old or unused product.  The act of “cleaning-up” could be interpreted as disposal which results in the generation of a waste.  It is quite possible that one result of your clean-up may be the generation of enough hazardous waste to change your hazardous waste generator status.
   

   Not sure of your hazardous waste generator status?  Take this short survey

4. Locate and deal with reputable transportation, treatment, and disposal firms. If a price quote is substantially less than the competition, there is probably a reason why.  It is also a good idea to conduct audits of your hazardous waste disposal sites and the transporters who deliver it.
5. Have backup transporters and disposal sites selected in case your primary providers have problems.
6. Recognize when you lack the expertise to handle a particular problem and seek help from a person with experience in hazardous waste management.  I’ll answer all of your questions for free!
   

   Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste Daniels Training Services 815.821.1550 Info@DanielsTraining.com https://danielstraining.com/

7. Follow up on all hazardous waste shipments to ensure they reach their intended destination and are treated or disposed.  Remember:  depending on your hazardous waste generator status (see the survey above) you may be required to submit an Exception Report to your state or the USEPA if you do not receive a signed copy of the Uniform Hazardous Waste Manifest within a specified time-frame.
8. Do not mix hazardous wastes with nonhazardous wastes unless you are familiar with all regulations that may apply.  The resultant mixture may be a hazardous waste and may be more difficult or costly to dispose than the original waste.
9. Maintain all records regarding the hazardous waste program (test results, contingency plan, manifests, exception reports, annual reports, training documents) in one location.
10. Designate at least one employee with an appropriate background to be responsible for hazardous waste management. Give that employee the authority and resources to do the job, and then hold him or her accountable.

11. 

    Provide high-quality training for any employee whose job responsibilities require knowledge of hazardous waste regulations.  Depending on your hazardous waste generator status (see the survey above) you may be required to provide applicable employees with specific training at a regular frequency.  In many cases the training must be documented and records kept to demonstrate compliance.  Read more about USEPA training for Hazardous Waste Personnel.  Even if training isn’t required – as is the case for a Conditionally Exempt Small Quantity Generator of hazardous waste – it’s always a good idea to increase the awareness of the regulations at your facility.

12. Conduct inspections of your facility and its operations. Do so with an open mind and no preconceived notions of the way things ought to be.  Depending on your hazardous waste generator status and the requirements of your state, weekly inspections may be required of all areas where hazardous waste accumulates.

Use these guidelines to stay in compliance with both Federal and State regulations and to minimize – and perhaps eliminate – the cradle-to-grave responsibility your company has for the waste it generates.  And don’t hesitate to contact me if you have any questions about the generation or management of waste.

Most packagings intended for the transportation in commerce of a hazardous material must be designed, manufactured, and tested to meet either a DOT specification or a UN standard, which is then known as a specification packaging (Don’t confuse “specification packaging” with “DOT specification”, not all “specification packaging” is a “DOT specification” packaging, some may meet a UN standard).  A specification packaging must display a specification marking that meets the requirements of both of the following found in Title 49 of the Code of Federal Regulations:

• The applicable regulations for the type of packaging; e.g. cylinders, portable tanks, non-bulk, intermediate bulk containers (IBCs), large packagings, and more throughout part 178.
• The general specification marking requirements for all packagings found at §178.3

In this article I will identify and describe the requirements of 49 CFR 178.3 – specifically, those of §178.3(a) – for the display of the specification marking – either a DOT specification or a UN standard – on a specification packaging.

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It’s quite simple, really.  USEPA regulations at 40 CFR 262, subpart C require the generator of a hazardous waste to prepare it for off-site transportation according to both USEPA and USDOT/PHMSA regulations.

Read all about it here:  USEPA Requirements for Packaging, Labeling, and Marking of a Hazardous Waste Container for Off-Site Transportation.

Note:  40 CFR 262, subpart C – indeed, all of part 262 – applies to large quantity generators of hazardous waste and small quantity generators of hazardous waste.  A conditionally exempt small quantity generator of hazardous waste is not subject to the part or the requirements described in this article.

Are you a CESQG?  Read:  The Requirements for a Conditionally Exempt Small Quantity Generator of Hazardous Waste

To summarize the regulations briefly, USEPA – check with your state for any additional requirements – mandates the generator of a hazardous waste to select and use the packaging (called a container in USEPA regulations) and to apply HazMat labels and markings it in accordance with the Hazardous Material Regulations of USDOT/PHMSA.  However, in §263.32(b) USEPA deviates from the HMR and requires the hazardous waste generator  to apply the following markings  – in addition to those required by USDOT/PHMSA – to a container of 119 gallons or less:

HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

Generator’s Name and Address _____.

Generator’s EPA Identification Number_____.

Manifest Tracking Number _____.

Note:  The Manifest Tracking Number can only be obtained from the Uniform Hazardous Waste Manifest.  It is unique to each manifest.

Read here:  Be Sure to get your Uniform Hazardous Waste Manifest from a Registered Printer

But wait!  This article is supposed to be about something done wrong.  Where’s the mistake?

Here:

So, what’s wrong with this picture?

1. The yellow label contains information that is not required on a packaging of this size (>119 gallons).  Though, admittedly, it is not a violation for it to be present.
2. The Class 9 Miscellaneous HazMat label to the right should not be displayed on a packaging of this size (18 cubic meters or more) either.  A packaging of this size should display placards on all four sides if placards are required, which they are not, since, Class 9 placards are not required to be displayed for transportation within the U.S. 
3. I doubt very much – though I can’t prove it – that the packaging contains hazardous waste at all.  I suspect this is a case of an overly cautious person who has only a tentative grasp of the regulations just trying to do their best.

Do you need to know more about the regulations of the USEPA for Hazardous Waste Personnel and those of the USDOT/PHMSA for HazMat Employees?  If so, please contact me to schedule training (either Onsite or Webinar) or just to answer any questions you may have.

This question came to me through my Facebook page on June 15th:

I found your website on Google. I have a question that I couldn’t find an answer to. I know hazmat placards must be visible from all 4 directions (with a few exceptions). But my question is this…specifically…
I have a 1-ton truck with a headache rack. Can I mount the front placard on the top of the headache rack so that it is 100% visible from the front? I would have the other 3 in the normal places. I read where it has to be mounted on both sides, front, & rear. It would not be actually “mounted” on the front, but it would be clearly visible. If it is acceptable, can you please tell me where it says it so that I can keep proof in the truck? Thank you for your time.

I replied the next day (6.16.16) and didn’t pretend to understand everything she was talking about:

Thank you for your question. I will reply later today or tomorrow.

Question: What is a headache rack?

The customer helped me out:

It is a metal guard that goes across the back of the truck to protect the driver & the rear windshield from any part of the load entering the cab.

With that information, I was ready to get to work (6.17.16):

OK. I’ll work on getting you an answer.

A few days later (6.21.16):

I apologize for my delay in responding. I have an answer for you.
49 CFR 172.504(a) requires placards to be displayed on each side and each end of a transport vehicle such as your 1-ton truck. 49 CFR 172.516(a) requires a placard to be clearly visible from the direction it faces, except for the direction of another transport vehicle (i.e. a tractor trailer combination where the placard on the front of the cargo trailer or tank is blocked from view by the tractor). There is no mention in the regulations of your specific situation. However, a letter of interpretation by the USDOT (LOI 09-0055) does address your issue. it reads, “Generally, placards on the sides and ends of the cargo-carrying portion of a vehicle’s cargo body satisfy requirements for placarding the sides and ends, even if they are not located at the outer perimeter of the vehicle, as long as they are readily visible and not obscured by appurtenances in the direction they face.”
A combination of the above-cited regulations and the LOI should suffice as proof that the method of mounting the placard as you propose is compliant with USDOT regulations.

I hope this helps.

Thank you and please contact me with any other questions.

And, once again, another question answered for someone that I may never hear from again (6.21.16).

Thank you for your help.

The purpose of this article is not to identify and explain a marine pollutant as regulated by the Hazardous Material Regulations of the PHMSA/USDOT; you can read all about that here:  What is a Marine Pollutant?  But, a brief summary will help; a marine pollutant is…

• Defined at 49 CFR 171.8.
• Listed by name in appendix B to the Hazardous Materials Table at §172.101.
• If in a mixture or solution of one or more substances is at or above the following threshold concentrations:
  • 10% by weight for a regular marine pollutant
  • 1% by weight for a severe marine pollutant (identified with “PP”).

And…

• Not excepted from regulation as a marine pollutant at §171.4(c).

The purpose of this article is also not to identify and explain all of the situations where the marine pollutant marking is not required on a packaging containing a regulated marine pollutant.  Those can be found at §172.322(d) and will have to wait to a later article.

Note:  To be quite frank, I find the exceptions from the marine pollutant mark detailed at §172.322(d)(1) and (2) to be contradictory and confusing.

The purpose of this article is to identify and explain just one of the four situations – found at §172.322(d)(3) – where the marine pollutant mark is not required on a bulk packaging, freight container or transport vehicle that already bears a HazMat label or placard.

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A former coworker contacted me with a question on January 29, 2016:

I have a quick question for you Dan.  If a facility has 5 – 6 consumer (car type) lead-acid batteries that they want to take to a salvage yard for recycling, is there a DOT exemption or something that keeps them from being classified as a hazardous substance.  I think they need to transport with shipping papers and be properly labeled.  Let me know if you have any experience with this.

Thanks,

I had time to fire off a reply that day:

Please note below:

Note from Daniels Training Services:

My reply does not take into account the exception from regulation available to shippers of batteries found at 49 CFR 173.159(e).

I received this email January 25th from a customer who had attended one of my Training Seminars in the past:

Dan,
How have you been? You said to contact you if we have any questions. I was asked a question and I would like you to please review my answer. Can you help me out?

Question:
Can a 6.2 category B infectious substance be shipped in a personal or company vehicle?

Answer:
Yes, a company vehicle can be used to transport a 6.2 category B substance, if the following exemptions are met.
49 CFR 173.134 (b)(10) allows an exception to using a certified hazmat transporter to transport a category B substance for a patient sample (not a culture) and the private or contract carrier would have

to be used exclusively to transport such materials. The vehicle couldn’t be a private vehicle but could be a company fleet vehicle. The vehicle could not be used for transporting anything else during that individual trip. The vehicle couldn’t be a general delivery vehicle making several stops. DOT training would be required and a Shipping document and DOT packaging would be needed.

49 CFR 173.6 Materials of Trade allows an exemption for small quantities of biological product, human or animal samples for research, diagnosis, disease treatment or prevention etc. The packaging would have to be securely closed and protect against damage and leaking. The driver would have to know what they are shipping and if a reportable quantity is present and the material of trade regulations. Does not require training or a shipping document.

Thanks,

My reply later that day:

Your answer may be correct.  Give me a day or two to review and reply.

My full response on January 26, 2016:

Thanks for contacting me.  I’ll do my best to answer your questions below.

Though a small part of overall fertilizer production in the U.S., the reclamation of zinc from what would otherwise be discarded as a solid waste – if done correctly – can result in a substantial benefit to the environment.  Below is a presentation (also on my SlideShare account) that describes the conditions of 40 CFR 261.4(a)(20).