I have learned that when it comes to the hazardous waste regulations codified under RCRA, California is different. And here is just one example of it: buried in the California Health and Safety Code at 25160.7 is a requirement for a hazardous waste generator or a TSDF to ensure, prior to loading hazardous waste on a vehicle, that the driver of the vehicle has a valid Commercial Driver’s License (CDL) with the proper endorsement. Don’t believe me? Read it for yourself:

25160.7. An authorized representative of the generator or facility operator that is responsible for loading hazardous waste into a transport vehicle shall, prior to that loading, ensure that the driver of the transport vehicle is in possession of the appropriate class of driver’s license and any endorsement required to lawfully operate the transport vehicle with its intended load.

How can a California generator of hazardous waste comply with this requirement?  Well, one way is to ask to see the driver’s CDL prior to loading his/her truck.  (I suggest documenting this procedure).  Another would be to obtain written confirmation from the motor carrier that all of their drivers have the proper CDL and endorsement.

Read this article to learn what you should look for on the CDL and what endorsements may be found there:  What Information Must be on the Commercial Driver’s License?

Remember that the definition of a hazardous waste in California is much more broad than the Federal.  A hazardous waste in California includes:  used oil, ethylene glycol antifreeze, corrosive solid, an expansive list of metals (e.g. copper, zinc, cobalt), asbestos, and much more.

Contact me if you have questions about the generation, management, or transportation of hazardous waste in California.

I spend a lot of time in hotels when I travel in order to provide the training required for businesses subject to the Hazardous Material Regulations of the PHMSA/USDOT and those subject to the hazardous waste regulations (codified from RCRA) of the USEPA.  And sometimes elements of those two activities (the regulations and my lodging accommodations) come together.

A hotel, like most businesses, requires some form of hazardous materials in order to provide a service or create a product.  In the case of a hotel these may include chemicals for cleaning its rooms or maintaining its pool.

In order to have these hazardous materials on-site the hotel must arrange to have them delivered and that, according to 49 CFR 171.1, makes them subject to the HMR:

In addition, the law authorizes the Secretary to apply these regulations to persons who cause hazardous materials to be transported in commerce.

Does it matter that the amounts are small?  No.  Unless subject to one of the exceptions of 49 CFR 173 – and the amounts pictured here are not small enough to qualify for those exceptions – then all of the requirements of the HMR apply.  Including…wait for it…HazMat Employee training.

What about the waste generated by a hotel, is it subject to the hazardous waste regulations of the USEPA, and states with an authorized hazardous waste program?  The answer there is more complicated.

First of all, the regulations codified by the USEPA from the Resource Conservation and Recovery Act (RCRA) apply to all waste generated by a business, home, or government agency.  However, hotels are subject to a conditional exclusion from hazardous waste regulations for the routine waste they generate in servicing their customers.  It’s know as the Household Hazardous Waste Exclusion and is found at 40 CFR 261.4(a)(1).

The situation is further complicated because this hotel is located in California.  The California Department of Toxic Substances Control (DTSC) within the Cal EPA does not recognize the Federal Household Hazardous Waste Exclusion, so this hotel goes back to square one as a generator of hazardous waste.

Thanks to this conditional exclusion, a hotel that generates a waste during its normal activities is not required by Federal regulations to manage it as a hazardous waste.  A state, like California, may choose to make its regulations more strict and more broad than those of the USEPA and therefore make a business like a hotel subject to its State RCRA regulations.

The reach of the regulations, both those of the PHMSA/USDOT and those of the USEPA (and your State), go further than many first think.  Contact me if you have questions about the transportation of hazardous materials or the disposal of hazardous waste at your hotel.

Pursuant to 49 CFR 172.516(c)(2):

Each placard on a transport vehicle, bulk packaging, freight container or aircraft unit load device must—

(2) Be located clear of appurtenances and devices such as ladders, pipes, doors, and tarpaulins;

Notice how the placard holders on this vehicle are placed higher in order to ensure they are visible when the lift gate – an “appurtenance” or “device” if I ever saw one – is stowed in place for transportation.

Can the placards be too high on the side or end of the vehicle?  Or, too low?  No, at least not as far as the Hazardous Material Regulations of the PHMSA/USDOT are concerned.  There is no mention in the HMR of the specific placement of HazMat placards on the vehicle as long as they appear on all four sides, “…on each side and each end…” pursuant to §172.504 and meet the further requirements of §172.516, one of which we see here.  Other requirements of §172.516(c) include:

• Placard must be securely attached to the vehicle or placed in a holder (as is the case in photo).
• So far as practicable, placard must be located so that dirt or water is not directed to it from the wheels of the transport vehicle.
• At a minimum the placard must be located at least 3 inches (76.0 mm.) away from any marking (such as advertising) that could make it harder to see.
• Text printed on the placard must be displayed horizontally, reading from left to right.
• Placard must be maintained by the carrier in good condition so that it doesn’t become unreadable due to dirt, damage, wear, &etc.
• Placard must be affixed to a background of contrasting color, or must have a dotted or solid line outer border which contrasts with the background color.

Contact me if you’re uncertain of how to display HazMat placards on any bulk packaging, freight container, unit load device, transport vehicle or rail car.

In the January 13, 2015 Federal Register the USEPA announced its Final Rule for the Definition of Solid Waste (2015 DSW) which revised – and is supposed to correct deficiencies in – the 2008 Definition of Solid Waste Final Rule (2008 DSW).  Though announced, the 2015 DSW does not become effective until July 13, 2015 and then only at the Federal level and in states without an authorized hazardous waste program.

A full summary of the 2015 DSW can be found at the USEPA Website for its DSW Rulemakings.  The purpose of this article is to explain one small – but important – part of the 2015 DSW:  The codified definition of “contained”. (more…)

I hear it often from potential customers: while they prefer Seminars and Onsite Training, and they may be interested in a Learning Management System, they have little to no interest in Web-Based Training.  “They’re dull, uniform, not engaging, too passive, don’t hold trainees interest…” the list goes on.  But remember, Daniels Training Services offers “A different kind of training”, it says so right on the homepage of my website.  So before you judge too harshly, take a look at this short segment of my latest RCRA Training Webinar from April 27th, recorded as a video and loaded on YouTube.  In a few short minutes you’ll get a taste for what my Webinar Training is like and you’ll learn about the USEPA training requirements for Hazardous Waste Personnel as well!

https://www.youtube.com/watch?v=Ou85hkUxw9c

Interested in a RCRA Training Webinar?  Check out my SCHEDULE AND REGISTER NOW!

The start is a little awkward, I know, because you’re joining only seeing a snippet of the whole thing.  The point is that the Webinar has live audio and animation – provided by me.  And though no one took advantage of the opportunity in this example, Webinar trainees are free – and encouraged – to ask questions at any time during the training.  The goal of my Webinar Training is not just to provide you with the annual RCRA training requirement for Hazardous Waste Personnel, it’s also to ANSWER YOUR QUESTIONS.

Sometimes the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185) of the PHMSA/USDOT are not enough.  If you find yourself in a situation where you cannot find an answer to your HazMat transportation question you have three options:

1. Apply your interpretation of the regulation to your situation and hope for the best.
2. Contact PHMSA’s Hazardous Materials Information Center (HMIC).  They will answer your questions after reviewing the regulations and likely reviewing their database of interpretation letters. 
3. Contact me and I’ll answer your question after reviewing both the HMR and any applicable Letters of Interpretation in the PHMSA database.

Notice the similarity in the responses to actions 2 & 3?  I don’t recommend #1.  So, what are the PHMSA’s Letters of Interpretation?  Basically, they are PHMSA’s written clarifications of the HMR in the form of letters answering specific questions of the regulated community.  Since the letters are a response to specific questions and sets of conditions, they reflect only the agency’s current application of the HMR to those specific questions and conditions; care must be taken in applying them to your situation.

While these letters of interpretation can be used as a form of guidance in determining your compliance with the HMR, they are not legally-enforceable rights or obligations.  In other words, they are meant to be a guide toward understanding the HMR but do not replace or supersede them.  The letters of interpretation database is regularly reviewed by PHMSA for accuracy and applicability to the most recent version of the HMR.  Letters found to contain inaccurate or inapplicable information are removed and may be revised and reissued as necessary.  A letter which no longer appears on the database may no longer be valid.

HazMat Interpretations can be searched from two databases:

• HazMat Interpretation by Regulation
• HazMat Interpretation by Date

There are many sources of valid information when determining your compliance with the HMR and I like to think that I am one of them.  However you determine compliance, don’t overlook your responsibility to provide triennial HazMat Employee training for all of your employees involved in the handling – shipping, receiving, transportation – of a hazardous material.

Sounds exciting, doesn’t it?

The Pipeline and Hazardous Materials Safety Administration’s (PHMSA’s) HM-ACCESS (Hazardous Materials-Automated Cargo Communications for Efficient and Safe Shipments) Project, also known as the Paperless Hazard Communications Pilot Program.

It just kinda’ rolls of the tongue and makes you want to sit down at a computer and start answering on-line survey questions.  No?  Is that just me?  Well, that explains why PHMSA (an administration within the USDOT responsible for the safe transportation of hazardous materials within the U.S.) is extending the deadline for participation in its HM ACCESS pilot Test from its original April 30th to May 15th, 2015.

See below for the text of the original notice and links to the on-line questionnaire and other important information.

What I’ll say about HM-ACCESS is this:  The PHMSA is proceeding toward a paperless (i.e. electronic) system for shipping papers used in the transportation of hazardous materials.  The result will have a significant impact on everyone involved in the transportation of hazardous materials:  Shippers, Carriers, freight forwarders, HazMat Employers, HazMat Employees, emergency responders, and a whole host of “interested parties”.  This means you.  Here is your chance to join in the conversation and perhaps have an impact on the Final Rule.

I completed the questionnaire in ~30 minutes.  So what are you waiting for? (more…)

You hear from guys like me all the time that the regulations of the Resource Conservation and Recovery Act (RCRA) – both State and Federal – are important.  But which ones are the most important?  Which of all of the regulations are the ones most likely to result in you receiving a Notice of Violation?  While I can’t answer that, I can provide you with a list of what the USEPA – Region 1 considers to be the most common RCRA violations and the citations of the Code of Federal Regulations where the regulation appears. (more…)

Generators of both RCRA hazardous waste and Non-RCRA hazardous waste in California must also be aware of the State’s ban on the landfill disposal of certain wastes. Take a look at the list below. Are any of these wastes in your trash or garbage? Is there even a possibility that they might be?

• Lamps – a universal waste subject to DTSC and USEPA regulations.
• Batteries – a universal waste subject to DTSC and USEPA regulations.
• Electronics – a universal waste subject to DTSC and USEPA regulations.
• Mercury-containing materials. – a universal waste subject to DTSC and USEPA regulations.
• Paints & solvents (latex & oil-based). – either a RCRA hazardous waste or a California-only non-RCRA hazardous waste.
• Non-empty aerosols. – a universal waste subject to DTSC and USEPA regulations.
• Asbestos – a California-only non-RCRA hazardous waste.
• Pressure treated lumber.
• Used oil filters. – a California-only non-RCRA hazardous waste.
• Used oil & antifreeze. – a California-only non-RCRA hazardous waste.
• Tires
• Needles & sharps.
• PCB ballast. – a California-only non-RCRA hazardous waste.
• Large metallic objects.
• Compressed gas cylinders.
• Household Haz Waste.

Source: UC Agriculture & Natural Resources Environmental Health and Safety Office: Managing Waste in California

Do you have questions about the management of RCRA hazardous waste, California-only non-RCRA hazardous waste, California universal waste, used oil, spent antifreeze or any one of a number of various wastes subject to DTSC regulations?  Contact me or attend my one-day DTSC Hazardous Waste Seminar in Ontario, CA on June 25, 2015.

Question to the Contact Me page of my website on March 7, 2015:

Looking for guidance on the shippers responsibilities in reference to DOT hazmat regs when shipping empty 6,000 fuel tank trailers. The tank trailers have been re-built, pump tested, drained (but not triple rinsed), contain residual diesel fuel (50 gal or less) and will be loaded on another conveyance/trailer for transport (will not be towed).

My “Thanks and give me some time” response on March 9th:

That’s a good question. Let me do a little research and get back to you sometime later this week.

Questioner’s acknowledgement and a little more information (3.9.15):

Thank you Daniel.

We are being told the trailers must have a drain and purge certificate (be purged and triple rinsed) and hazmat certification documents prepared prior to shipment; however purging with water causes problems with the functionality of the tanker if it sets in storage for a while before shipment. The trailers are drained but there is residual diesel remaining in the pump filters, etc.

The Big Answer on March 13th:

What you describe (a 6,000 gal fuel tank trailer) is identified in the Hazardous Material Regulations (HMR) of PHMSA/USDOT as a Cargo Tank.  From 49 CFR 171.8:

Cargo tank means a bulk packaging that:
(1) Is a tank intended primarily for the carriage of liquids or gases and includes appurtenances, reinforcements, fittings, and closures (for the definition of a tank, see 49 CFR 178.320, 178.337-1, or 178.338-1, as applicable);
(2) Is permanently attached to or forms a part of a motor vehicle, or is not permanently attached to a motor vehicle but which, by reason of its size, construction or attachment to a motor vehicle is loaded or unloaded without being removed from the motor vehicle; and
(3) Is not fabricated under a specification for cylinders, intermediate bulk containers, multi-unit tank car tanks, portable tanks, or tank cars.

When a Cargo Tank is part of a motor vehicle it is identified as a Cargo Tank Motor Vehicle.  Also from 49 CFR 171.8:

 Cargo tank motor vehicle means a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle.

So, what you describe is the transportation of a Cargo Tank that contains the residue of a hazardous material (I assume the diesel fuel is a Class 3 Flammable or Combustible Liquid).  The HMR regulates a packaging containing any residue of a hazardous material the same as if it was full.  There is an exception from some of the requirements of the HMR available to packaging with HazMat residue, but it does not apply to a bulk packaging as in this situation.

Learn more about the transportation of packaging with HazMat residue

Available options:

• Transport the HazMat residue-containing Cargo Tanks as hazardous materials subject to all of the requirements of the HMR.  This includes shipping papers, placards, HazMat labels, markings, HazMat Employee training, registration as a Shipper of HazMat, providing emergency information, &etc.
• Remove all residue from the Cargo Tanks so that they are rinsed, cleaned, and purged of all vapors.  Then ship as non-hazardous.
• Fill the Cargo Tanks with some non-hazardous material that is compatible with the residual diesel fuel so that the resulting mixture is non-hazardous.

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

Dan

815.821.1550

Another grateful HazMat Shipper (though not yet a customer) on March 13th:

Daniel,Thank you so much for taking the time to research this issue and I really appreciate the guidance and options you provided.

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 815.821.1550 Info@DanielsTraining.com https://danielstraining.com/

I receive and respond to questions like this all the time.  Let me help you with the questions you have about the transportation of hazardous materials.