Q&A: How much diesel fuel is a reportable quantity (RQ) of a hazardous substance?

Q&A: How much diesel fuel is a reportable quantity (RQ) of a hazardous substance?

Question:

Daniel: I just had a question asked to me about reportable quantities. They asked what the reportable quantity for diesel fuel was as well as gasoline. So I went to the Hazardous Materials Compliance Pocketbook to Table 1 but could not find anything around fuel. They claim its 10 gallons, I looked it up and it was 25gal. according to the internet but that does not help me as far as the HAZMAT/Safety guy around here and you always seem to know that type of stuff. Can you give me an explanation of why it is not in there? It is listed under flammables in the Hazardous Materials Table.

I have to be missing something and really off on the wrong track here so I obviously do not know where to go from here.

Answer:

Please see below.

  • Neither gasoline nor diesel fuel are identified by name in the hazardous substances table (appendix A to 49 CFR 172.101). Therefore, those hazardous materials are not hazardous substances.
  • Note: the Hazardous Materials Compliance Pocketbook is a good source of information, but it is a guidance document made and sold by JJ Keller. It is no substitute for the Hazardous Materials Regulations.
  • Components of both diesel fuel, (e.g., naphthalene) and gasoline (e.g., benzene) are identified by name in the hazardous substances table and may, by themselves or in other solutions, be a hazardous substance.
  • However, the definition of hazardous substance at 49 CFR 171.8 reads:

The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in appendix A to § 172.101 of this subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

  • Both gasoline and diesel fuel are considered to be, “…petroleum, including crude oil or any fraction thereof…” and neither are, “…specifically listed or designated as a hazardous substance…”. Therefore, neither may be a reportable quantity of a hazardous substance regardless of their composition or quantity.
  • Both gasoline and diesel fuel are identified by name in column 2 of the Hazardous Materials Table and will, in most cases, meet the criteria for a Class 3 Flammable (gasoline) or Combustible (diesel fuel) liquid. Therefore, both gasoline and diesel fuel will usually be a hazardous material.

Read: What are Flammable and Combustible Liquids?

  • The term hazardous material is also defined at 49 CFR 171.8. There it indicates the term hazardous material includes a hazardous substance.
  • In sum: neither gasoline nor diesel fuel are a hazardous substance, but both will likely be a hazardous material.
  • I suspect the claims of an RQ or 10 lbs or 25 lbs is based on the threshold reporting quantities of other regulations (those of the Clean Water Act) or other agencies (perhaps state agencies have established threshold quantities that require reporting in the event of a release). Regardless, those other regulations have no impact on the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).

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

Q&A: Can I ship r12 refrigerant by air as a Consumer Commodity? Can I use the U.S. Postal Service?

Q&A: Can I ship r12 refrigerant by air as a Consumer Commodity? Can I use the U.S. Postal Service?

SUBJECT LINE: Consumer Commodity how did this change in 2021

DATE: Feb 7, 2021, 2:39 PM

Question:

Authorization for use of ORM-D Classification (Consumer Commodity)

I ship small quantity packages of r12 refrigerant by air starting in about a month it is still a consumer commodity.

Is it still exempted from all the placards and and paper work.

How do I need to mark it.

Consumer Commodity and the UN1028?

Can you explain what I need

I would appreciate it.

My reply the next day:

Thank you for contacting me. I will try to answer your questions below.

  • The consumer commodity exception is no longer available for use after 12.31.20.

Read: What is the Consumer Commodity Exception?

Read: Authorization for use of ORM-D Classification (Consumer Commodity) Extended to end of 2020!

  • Your HazMat may still be shipped according to an exception from full regulation at 49 CFR 173.306 for limited quantities of compressed gases. This includes the limited quantity exception which is very similar to the consumer commodity exception.
  • The requirements to ship this HazMat as a limited quantity are at 49 CFR 173.306(i).
  • It may be eligible for the exception at 49 CFR 173.306(j) but only if in a receptacle with a capacity of less than 50 mL. Yours has a capacity of 1,183 mL (40 oz).
  • You are correct that – among other exceptions – placards and shipping paper are not required if transportation is by ground within the U.S. subject to the limited quantity exception.
  • It does need to display the limited quantity mark as described at 49 CFR 172.315.

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

More questions:

Thanks

Hi do I ship by air I never do over 40oz. A lot of 4-8 Oz. Shipments

Contact me the next time your USDOT, IATA (air), or IMO (vessel) training is due to expire.
My reply:

That may quantity of that HazMat may be transported as a limited quantity by air subject either to USDOT regulations or – more likely – the Dangerous Goods Regulations of the International Air Transport Association.

Even those sizes (4-8 oz) are not eligible for the exception at 49 CFR 173.306(j): 4 oz = 118 mL.

More questions, part 2:

I know I can’t do International only Domestic but I can’t find a clear answer on shipping by air.

Every thing on USPS site really reads very confusing know one seems to know.

I still don’t know. I appreciate you getting back with me.

My clarification (This was my first indication the carrier was the U.S. Postal Service):USPS Mail Truck

Please see below.

  • You can ship international by air.
  • To ship international by air you will have to use a commercial carrier (FedEx or UPS). Not USPS.
  • USPS does allow for transport of HazMat, but not much, and not by air, and their regulations are confusing.

Are you able to use a commercial air carrier?

More questions (and some venting about USPS!):

I will have to ck on other carriers.

I just lower 48 states.

USPS all reads crazy and when you ask them about it they twist it all l don’t know that they even can tell for sure.

Thanks

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/
My shameless plug:

In order to offer for transport with a commercial carrier you must have USDOT HazMat Employee training. I can provide this.

Reply:

Daniel,

I’m going to order some boxes and go back to ground shipping. USPS is confusing on the shipping.

I have the EPA certificate to handle the R12 and have shipped both ground & air with them.

The shipping changes and the way it reads contradicts its self.

At the post office they don’t have a clue.

I know how to ground ship it. So it will work out.

Thanks for getting back with me.

My final reply and summation:

Please see below.

  • Regardless of EPA regulations, it is a hazardous material regulated by USDOT.
  • It must be offered for transportation per USDOT regulations.
  • This requires USDOT HazMat Employee training.
  • I can provide this training or there are many other sources.

Please contact me with any other questions.

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Conclusion:

As this person learned, USPS does allow for the transport of some HazMat, but I have found there is often a disconnect between the published regulations and what the Postal Worker at your local branch tells you. My advice for any business is to use a commercial carrier for transport of HazMat or dangerous goods. And, of course, contact me to get the training you need to ship hazardous materials or dangerous goods safely.

Q&A: Is my plastic packaging OK for HazMat transport after five years?

Q&A: Is my plastic packaging OK for HazMat transport after five years?

A question 02.23.21:

Good morning,

I am the supervisor of the transportation of my organization. We are a small operation and have 2 plastic 5 gallon pails (1H2), that we utilize only for ground transport on our own vehicle (own driver) to move small quantities of samples from our lab to another off-site lab (about 3 miles away). We use these very infrequently if sample size exceeds excepted quantity amounts.

The pails were manufactured in 2011 and I have the UN Certification testing documentation and closure instructions.

My question is whether this packaging is now considered expired? And if not expired, am I required to have updated UN testing documentation (as it has been renewed) for these pails?

I saw a response you had published on an article on-line regarding plastic pails (relevant text is below) and you referred to these two letters of interpretation. I found LOI 99-0246 on-line, but have not found LOI 97-0002. Do you have a copy of LOI 97-0002 for my files?

“Though a clear citation in the HMR is lacking, the following letters of interpretation clarify the DOT’s position on limits on the term of use for a packaging:

· “Non-bulk specification packagings do not ‘expire’” [LOI 99-0246]

· “A shipper may purchase a UN packaging, store it indefinitely and then use it without any testing requirements” [LOI 97-0002]”

Thanks for your help,

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/
My reply the next day (02.24.21):

Thank you for contacting me. Please see below.

  • Short answer: No. The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the USDOT (USDOT/PHMSA) do not have an expiration date for an unused UN standard packaging.
  • However, the international regulations of the International Air Transport Association (IATA) and the International Maritime Organization (IMO) limit the use of a plastic drum or jerrican as a single packaging to five (5) years from the month and year marked on the packaging.
  • Also, the HMR limits the reuse of a plastic packaging to no more than five (5) years if it is intended to contain free liquids and it has not been leakproofness tested.

Read: The Reuse of Hazardous Materials Packaging

  • I believe the activity you describe (transporting small amounts of HazMat by highway as a private carrier) is eligible for the Materials of Trade exception.
  • Under this exception a UN standard packaging is not required and this entire correspondence is moot.
  • Links as old as 97-0002 (from 1997!) are only available through USDOT/PHMSA’s oCFR Tool. However, I have downloaded it and have it available here: LOI 97-0002.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

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I hope this helps. Please contact me if you have any other questions.

Conclusion:

That did it! The expiration date for certain plastic packagings is one of the significant differences between domestic regulations in the U.S. and the international regulations. Make sure you have identified the regulations applicable to your HazMat transportation and know what is required for compliance.

FAQ: What – or who – is a person (according to USEPA)?

The Federal regulations of the U.S. Environmental Protection Agency (USEPA) and those of your state, if it has an authorized hazardous waste program, frequently use the word “person”. e.g., “a generator is any person…”, or “Persons who own or operate facilities…” It is therefore important to understand how USEPA defines the word person when used in its hazardous waste regulations. (more…)

FAQ: What – or who – is a person (according to the USDOT/PHMSA)?

In its Hazardous Materials Regulations (HMR), the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) frequently uses the word “person”. e.g., “person who offers or offeror” or “each person who imports…” But don’t think how you understand the word is how USDOT/PHMSA defines and regulates it. (more…)

Importing Hazardous Materials Into the U.S.

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) apply to all transport of hazardous materials (HazMat) to, from, or through the U.S. The import of HazMat into the U.S. requires compliance with international regulations during the period it is not within U.S. territory. The HMR at 49 CFR 171.22 authorizes the use of international standards and regulations for the transportation of HazMat (known as dangerous goods in the international regulations) in the U.S. with certain conditions.

§171.22(f) specifies the information and certification required for a HazMat to be imported into the U.S.

The purpose of this article is to explain the requirements of §171.22(f)(1): The importer of a hazardous material into the U.S. must provide timely and complete written information to the shipper and the forwarding agent. (more…)

Q&A: Is secondary containment required for used oil?

Q&A: Is secondary containment required for used oil?

A question 09.28.20:

Hi Daniel,

I have inquired with you in the past and I am hoping you would be willing to help me again.
I have 55 gallon oil drums (used oil) in a few locations around my facility. I am having a hard time finding if these containers need to be on secondary containment or not. What is your input?
Thanks,

My reply that same day:

Please see below.

  • The regulations of the U.S. Environmental Protection Agency (USEPA) for the management of used oil are found in 40 CFR 279.
  • In sum, the USEPA regulations allow for the management of used oil subject to less regulation than hazardous waste even if it exhibits a hazardous waste characteristic. To obtain this “de-regulation” the used oil must meet specific criteria and be destined for fuel-blending or recycling.

Read: The Management of Used Oil

  • The USEPA used oil regulations do not contain a requirement for the generator to accumulate containers or tanks in secondary containment. However, the regulations of a state (you are in Washington) can be more stringent and more broad than those of the USEPA.
  • On its website the State of Washington Department of Ecology recommends but does not require secondary containment for used oil generators.

State of Washington Dept. of Ecology: Rules for Used Oil Generators

  • On-site quantities of oil (waste and product) above threshold amounts are subject to regulation under the Clean Water Act at 40 CFR 110 & 112. These regulations – known as Spill Prevention Control and Countermeasure (SPCC) – may require secondary containment or some other form of spill containment and control measures.
  • If required, secondary containment can be the building envelope itself.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

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Question: Would there be a release to the environment if a drum of oil leaked its entire contents in a short period of time?

“No”? then likely you have secondary containment.

“Yes”, there’s a floor drain nearby? then you don’t have secondary containment.

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

Q&A: What USDOT regulations apply to large containers of alcohol wipes?

A question November 17, 2020:

Hi Daniel,

I came across your site via this page: The Classification of Alcohol Wipes

Very interesting, and complex stuff, I really thought your analysis was great and very informative.

Can I ask you, how would you classify large-format buckets of alcohol wipes? I am starting a new venture to export buckets of 1000 alcohol wipes to the USA and I would be interested to have your opinion on this – in each bucket we are putting about 1500 mL of solution in to saturate the wipes, which are then heat-sealed in a bag, and then sealed in a bucket. The solution is 75% alcohol in water.

Many thanks,

My reply:

Thank you for contacting me. Please see below.

  • If the alcohol wipes are not subject to the exception I refer to in my article, then they are subject to full regulation as a hazardous material (HazMat).
  • What you describe would likely be classified as: UN3175, Solids containing flammable liquid, n.o.s., 4.1, PG II
  • If to be imported to the U.S. it’s transportation will also likely be subject to international regulations for its transport by air and/or vessel. Under those regulations as well it will likely be a fully-regulated HazMat.

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

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
Conclusion:

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) exist in order to ensure the safe transportation of HazMat to, from, or through the U.S. In some situations safety can be maintained even though an exception to the HMR is available, e.g., the exception for small packets of alcohol wipes. But if safety can’t be ensured, such as when large quantities of Class 3 Flammable Liquids are present, then the full regulation of the HMR must remain in place.

FAQ: Can the signor of the uniform hazardous waste manifest be held personally liable?

Yes.

I’ll just let that sink in…

Usually it will be the company represented by the signor, i.e., the generator or offeror of the hazardous waste that is subject to enforcement actions. However, in situations of egregious or criminal violations, the signor could be held personally liable.

Read question #3 of RO 14687

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Q&A: When does my hazardous waste generator category change?

Q&A: When does my hazardous waste generator category change?

Question December 03, 2020:

Hi Daniel,

Hope you are doing well and enjoying the season so far 😊

I was hoping you could help me with another regulatory question regarding counting waste – or point me in the right direction. My question is about weekly inspections when a site becomes a SQG (200-2,200 lbs./mo.). Here’s the scenario:

A generator became a SQG in October when hazardous waste was generated in that month and weekly inspections have been conducted since that time while the waste has been on site. The weekly inspections will be stopped once the hazardous waste is shipped off-site which will be sometime this month (December). However a very small amount (less than 5 lbs) of new hazardous waste item was generated at the site today.

  1. Does the small amount of new hazardous waste need to be included on the weekly inspection form with the other October waste items?
  2. If so, once the October waste items are hauled off, would this new small December item need to have weekly inspections continued until it is shipped off?

Hopefully this is an easy answer for you. Thank you for your time and help!

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
My reply the same day:

Thank you for contacting me. Please see below for an answer:

  • In the month of October the site was a small quantity generator of hazardous waste (SQG). I presume prior to that the site was a very small quantity generator of hazardous waste (VSQG).
  • You are correct that for the month of October the site must comply with SQG requirements at 40 CFR 262.16 for any hazardous waste generated in that month.
  • The site must continue to comply with SQG regulations for the hazardous waste generated in October for as long as it remains on-site. That includes into November & December.
  • I presume in November & December the site reverted back to its usual amount of hazardous waste generation and the VSQG category. Any Haz Waste generated in those months would be managed subject to VSQG regulations.
  • The small amount of hazardous waste generated at the site in December while it was a VSQG is not subject to weekly inspection requirements. You may manage it subject to VSQG regulations.
  • If your state has adopted the Generator Improvements Rule the site has the option of the Episodic Waste Generation for VSQG.

Read: Episodic Generation of Hazardous Waste for a Small Quantity Generator Under the Generator Improvements Rule

Read: Episodic Generation of Hazardous Waste for a Very Small Quantity Generator Under the Generator Improvements Rule

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

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Another question:Drums of Hazardous Waste

Thank you for your response!

Currently the October hazardous waste is still on-site and the generator is still complying with SQG requirements. So my question is about the new hazardous waste. Does it need to be included with the October waste count and therefore required to have weekly inspections until it is shipped off?

The October waste has taken a long time to get profiled and ready for disposal which will be hauled off in a couple weeks. Once hauled off, the ship off date will be entered on the weekly inspection form and normally that would close it out. However, if the small amount of new waste that was generated today has to be included on the weekly inspections, then does that mean it has to continue inspections until it is shipped off?

I also responded back in your email below in bold red font.

Thank you for contacting me. Please see below for an answer:

  • In the month of October the site was a small quantity generator of hazardous waste (SQG). I presume prior to that the site was a very small quantity generator of hazardous waste (VSQG). Correct – SQG for the month of October to present. Prior to that it was VSQG.
  • You are correct that for the month of October the site must comply with SQG requirements at 40 CFR 262.16 for any hazardous waste generated in that month. Agreed.
  • The site must continue to comply with SQG regulations for that hazardous waste for as long as it remains on-site. That includes into November & December. Agreed – SQG requirements are still being adhered to since the hazardous waste is still there.
  • I presume in November & December the site reverted back to its usual amount of hazardous waste generation and VSQG category. Any Haz Waste generated in those months would be managed as a VSQG. November and December still had haz waste there.
  • The small amount of hazardous waste generated at the site in December while it was a VSQG is not subject to weekly inspection requirements. You must manage subject to VSQG regulations. Understood, but the site was and is still SQG.
  • If your state has adopted the Generator Improvements Rule the site has the option of the Episodic Waste Generation for VSQG. Thank you! Yes our state has adopted that rule.
My answer:

I’ll clarify.

  • The site is a SQG for October due to the hazardous waste it generated in that calendar month.
  • Any hazardous waste generated in October must be managed in compliance with the SQG regulations until it is shipped off-site. This includes weekly inspections for all hazardous waste generated in October and for as long as it remains on-site.
  • The site was a VSQG for November and December. Any hazardous waste generated in November or December is subject to VSQG regulations.
  • The hazardous waste generated in October remains subject to SQG regulations for as long as it remains on-site.
  • The site is not a SQG in November or December unless it generated more than 100 kg of hazardous waste in either of those months.
  • The small amount of hazardous waste generated in December as a VSQG is subject to VSQG regulations only. This means no weekly inspection for the hazardous waste generated in December.
  • The hazardous waste generated in October while the site was a SQG remains subject to SQG regulations for as long as it’s on-site.

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

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
And that did it!

Changes to the hazardous waste generator category present a challenge due to the necessary changes to regulatory compliance requirements. Some generators maintain compliance with the large quantity generator of hazardous waste (LQG) regulations solely for the one or two months of the year they may generate enough hazardous waste to qualify for that category.

Regardless of your generator category, make certain you comply with the regulations applicable to your category.