This list, compiled by the Compliance Branch of the Indiana Department of Environmental Management, shows in descending order the ten violations found most frequently at Indiana facilities in calendar year 1989.  (Old, I know, but I think it represents the state of compliance for many facilities today.)

For each violation, the applicable Federal (USEPA) or State (IDEM) regulation is cited and – when available – links to articles I’ve written on the subject that will help you to better understand what is required. (more…)

(July 22, 2015) I received an email from someone who had read an earlier blog article on Packaging Wet Batteries for Transportation:

Is there a certain height maximum that wet batteries (UN2794) can be loaded for highway transportation? I believe there is and I am looking for the specific information. If so can you tell me specifically where I can find this information. I just finished reading your article from November 13 2014 for Packaging Wet Batteries for Transportation and did not see anything regarding loading height limits.

Thank You

My reply July 23, 2015:

Thank you for contacting me.  The answer to any question about packaging for batteries, wet, filled with acid can be found in 49 CFR 173.159 (referenced from column 8 of the Hazardous Materials Table).

Be sure to check out what’s new from the US Environmental Protection Agency (proposed new rules for hazardous waste generators, this is big!), Federal Aviation Administration (preparation for the big ICAO conference), Federal Motor Carrier Safety Administration (changes to the driver training requirements), Federal Railroad Administration (safety grants available for safe transportation of energy products), and the Pipeline and Hazardous Materials Safety Administration (changes to how special permit and approval requests are approved).

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

September 1, 2015 through September 30, 2015

USEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Louisiana: Final Authorization of State Hazardous Waste Management Program Revision Pages 55032 – 55035 [FR DOC # 2015-23073] PDF | Text | More

Proposed Rules:

Louisiana: Final Authorization of State Hazardous Waste Management Program Revisions Pages 55077 – 55077 [FR DOC # 2015-23072]        PDF | Text | More

Hazardous Waste Generator Improvements Pages 57917 – 58012 [FR DOC # 2015-23166] PDF | Text | More

Management Standards for Hazardous Waste Pharmaceuticals Pages 58013 – 58092 [FR DOC # 2015-23167] PDF | Text | More

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Standardized Permit for RCRA Hazardous Waste Management Facilities Pages 55618 – 55619 [FR DOC # 2015-23282] PDF | Text | More

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Hazardous Remediation Waste Management Requirements (HWIR-Media) (Renewal) Pages 56986 – 56987 [FR DOC # 2015-23554] PDF | Text | More

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Office of Hazardous Materials Safety Pages 55710 – 55711 [FR DOC # 2015-23188]  PDF | Text | More

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Agency Information Collection Activities; Extension of a Currently-Approved Information Collection Request: Training Certification for Entry-Level Commercial Motor Vehicle Operators Pages 53385 – 53387 [FR DOC # 2015-21894] PDF | Text | More

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

Risk Reduction Program Pages 55285 – 55286 [FR DOC # 2015-23233] PDF | Text | More

Notices:

Railroad Safety Grants for the Safe Transportation of Energy Products by Rail Program Pages 53615 – 53621 [FR DOC # 2015-21960] PDF | Text | More

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Hazardous Materials: Special Permit and Approvals Standard Operating Procedures and Evaluation Process Pages 54418 – 54440 [FR DOC # 2015-22617] PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: Delayed Applications Pages 57913 – 57914 [FR DOC # 2015-23368] PDF | Text | More

Administration Hazardous Materials: Actions on Special Permit Applications Pages 57912 – 57913 [FR DOC # 2015-23369] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 57914 – 57915 [FR DOC # 2015-23364] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department of Transportation.

The proper use of HazMat labels on a package of a hazardous material offered for transportation will rely largely on compliance with two sections of the USDOT/PHMSA Hazardous Material Regulations in Title 49 of the Code of Federal Regulations:

• §172.406 Placement of labels
• §172.407 Label specifications

It is the latter of these two sections – often overlooked by Shippers and Carriers of HazMat – that is the subject of this article. (more…)

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

 August 1, 2015 through August 31, 2015

USEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Idaho: Final Authorization of State Hazardous Waste Management Program; Revision Pages 50794 – 50797 [FR DOC # 2015-20726]  PDF | Text | More

North Carolina: Final Authorization of State Hazardous Waste Management Program Revisions Pages 51141 – 51144 [FR DOC # 2015-20907] PDF | Text | More

Michigan: Final Authorization of State Hazardous Waste Management Program Revision Pages 52194 – 52198 [FR DOC # 2015-21385] PDF | Text | More

Proposed Rules:

None

Notices:

Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Washington Pages 48528 – 48529 [FR DOC # 2015-19917] PDF | Text | More

Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Alaska Pages 48531 – 48532 [FR DOC # 2015-19916] PDF | Text | More

Waste Management System; Testing and Monitoring Activities; Notice of Availability of Final Update V of SW-846 Pages 48522 – 48528 [FR DOC # 2015-20030] PDF | Text | More

Twenty-Eighth Update of the Federal Agency Hazardous Waste Compliance Docket Pages 49223 – 49235 [FR DOC # 2015-20248] PDF | Text | More

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Rules and Regulations Securement of Unattended Equipment Pages 47349 – 47386 [FR DOC # 2015-19002] PDF | Text | More

Proposed Rules:

Hours of Service Recordkeeping; Automated Recordkeeping Pages 51180 – 51192 [FR DOC # 2015-20663] PDF | Text | More

Notices:

None

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Hazardous Materials: Delayed Applications Pages 46097 – 46098 [FR DOC # 2015-18721] PDF | Text | More

Special Permit Applications; Office of Hazardous Materials Safety Pages 46099 – 46101 [FR DOC # 2015-18723] PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 46101 – 46103 [FR DOC # 2015-18718] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 46098 – 46099 [FR DOC # 2015-18719] PDF | Text | More

Hazardous Materials: Notification of Anticipated Delay in Administrative Appeal Decisions Pages 47987 – 47987 [FR DOC # 2015-19507]        PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 50070 – 50071 [FR DOC # 2015-20274] PDF | Text | More

Office of Hazardous Materials Safety; Hazardous Materials: Notice of Application for Special Permits Pages 51348 – 51349 [FR DOC # 2015-20482] PDF | Text | More

Office of Hazardous Materials Safety; Hazardous Materials: Delayed Applications Pages 51347 – 51348 [FR DOC # 2015-20480] PDF | Text | More

Office of Hazardous Materials Safety; Notice of Actions on Special Permit Applications Pages 51870 – 51871 [FR DOC # 2015-20481] PDF | Text | More

Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit Pages 52363 – 52364 [FR DOC # 2015-20483] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department of Transportation.

The transportation by air of hazardous materials – dangerous goods in the parlance of most of the international community – will likely require compliance with the Dangerous Goods Regulations of the International Air Transport Association (IATA).

The term “Shipper” is used in the IATA DGR in a similar manner as it is in the Hazardous Material Regulations of the USDOT/PHMSA: a Shipper is one who offers a dangerous good for transportation to an Operator – the person or business who operates the aircraft – who is a Member or associate Member of IATA or party to the IATA Multilateral Interline Traffic Agreement – Cargo.

The purpose of this article is to summarize and explain the requirements of a Shipper under the IATA DGR as detailed in Subsection 1.3 Shipper’s Responsibilities. (more…)

If you ship HazMat/dangerous goods by air, you are likely familiar – or should be – with the Dangerous Goods Regulations of the International Air Transport Association (IATA).  Though not officially recognized by PHMSA/USDOT, its basis on the International Civil Aviation Administration (ICAO) Technical Instructions – and that it is even more strict in some cases – ensures that the IATA DGR are acceptable for compliance when shipping HazMat/dangerous goods within the U.S. (note that you must still comply with the Hazardous Material Regulations of the PHMSA/USDOT whenever you transport or offer for transport a HazMat/dangerous good within the U.S.)

One important requirement of the IATA Dangerous Goods Regulations is to mark packages to indicate the type and quantity of dangerous goods within and to communicate other information required by the DGR.  Package mark requirements include but are not limited to the following:

• Identification number.
• Proper shipping name.
• Name and address of shipper (consignor).
• Name and address of receiver (consignee).
• Technical name of dangerous good if a star appears near the proper shipping name in the Dangerous Goods List.
• Net quantity of dangerous good in each package.
• More…

Just as important as providing the required marking on the outside of the package or overpack is to ensure it meets the minimum size requirements of the Dangerous Goods Regulations.

This table summarizes the Size Requirements of the IATA Dangerous Goods Regulations for Package Markings.

Note the impending deadline (January 1, 2016) for the minimum size requirement for both “Overpack” and “Salvage”.

Make certain the dangerous goods packages you ship are marked correctly and that the markings meet the minimum size requirements of the IATA Dangerous Goods Regulations.

Here’s an email I received through the CONTACT ME page of my website on May 22nd (a Friday afternoon!):

How long must we retain shipping papers for non regulated material such as dry bulk cement?

A good question.  Requiring a simple answer; though it took me a few days to reply (4.26.15):

May 21, 2015.  From the CONTACT ME page of MY WEBSITE:

Would a 10 cc syringe filled with 65% Oxygen/35% Carbon Dioxide at Atmospheric pressure be categorized as a hazardous material from a DOT perspective?

I was out of the office conducting Onsite Training in Ohio on May 21st, so my Wife fielded the call:

Hi, Dan is conducting training then traveling back to the office. He will answer your question as soon as he can.

Next day – May 22, 2015 – there I was back in the office:

Based on the information provided, what you describe would not be a hazardous material subject to the regulations of the PHMSA/USDOT when in transportation or offered for transportation.  To be a hazardous material it would have to match the definition of one at 49 CFR 171.8:

Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter.

So, does your syringe meet the definition of a hazardous material?

What you describe is not any of the following:

• Hazardous substance
• Hazardous waste
• Marine pollutant
• Elevated temperature material

While there is an entry for Oxygen, compressed in the Hazardous Materials Table at 49 CFR 172.101 (see below), what you describe does not meet the definition of a Division 2.2 Non-Flammable Gas at 49 CFR 173.115.

My satisfied customer (not really a customer, just someone with a question) wanted a little more that same day:

Whereas questions are always answered free of charge – just like this one – sometimes a more “definitive judgement” is require and that’s where I require payment.  So go ahead, ask me a question about the transportation of hazardous materials or the management of waste (hazardous, universal, used oil, non-hazardous, special, &etc.) for no charge.  If you require a researched and documented response, we can make arrangements for my consulting services.

More information:

• The Small Quantity Exception to the HMR

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

 July 1, 2015 through July 31, 2015

USEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Technical Amendments to the Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities-Correction of the Effective Date Pages 37988 – 37992 [FR DOC # 2015-15913] PDF | Text | More

Polychlorinated Biphenyls (PCBs): Revisions to Manifesting Regulations; Item Number Pages 37994 – 37995 [FR DOC # 2015-16395] PDF | Text | More

Transboundary Shipments of Hazardous Wastes Between OECD Member Countries: Revisions to the List of OECD Member Countries Pages 37992 – 37994 [FR DOC # 2015-16400] PDF | Text | More

Hazardous Waste Management System; Identification and Listing of Hazardous Waste Amendment Pages 42735 – 42738 [FR DOC # 2015-17672] PDF | Text | More

Proposed Rules:

None

Notices:

None

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Hazardous Materials: Delayed Applications Pages 37733 – 37734 [FR DOC # 2015-15845] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 38267 – 38268 [FR DOC # 2015-15847] PDF | Text | More

 Hazardous Materials: Actions on Special Permit Applications Pages 38268 – 38271 [FR DOC # 2015-15846] PDF | Text | More

 Hazardous Materials: Notice of Application for Special Permits Pages 38271 – 38272 [FR DOC # 2015-15848] PDF | Text | More

And that’s it!  Not too much for July.  Maybe August will be a busier month for new regulations related to the transportation of hazardous materials or the management of hazardous waste.  If there is, you’ll be sure to know about first here.

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department of Transportation.