Hazardous Material Classification

Q&A: Transportation of Transformer Oil with PCBs

A question from a past Onsite Training customer (4.20.15):

Daniel,

I have a question. We need to ship out a sample approximately a quart of transformer oil which contains 550 ppm PCBs. If the material is below the RQ value (see enclosed letter), what type of labeling is required, or does it since it’s below the RQ value?

My reply that same day:

I will take a look at it and get back to you.

Turns out he didn’t need the information after all (4.20.15):

No problem, I found out that my lab can do the testing, so I don’t have to ship the material out.

Pre-printed label used to identify a PCB WasteDid that stop me?  No!  (April 22, 2015):

Not sure if you require this information any more, but here goes:

A PCB oil is only a hazardous materials subject to USDOT regulations in transportation if there is 1 lb or greater of PCBs in a single packaging. 1 quart at 550 ppm would be well below 1 lb of PCBs, therefore it is not a HazMat when transported.

A PCB oil of this concentration would be subject to TSCA regulations of which I am not very familiar.

I hope this helps.

Dan

Wait, how did you know that?

First of all, let’s look at the entry for PCBs in the Hazardous Materials Table (49 CFR 172.101):

Entry for PCBs in Hazardous Materials Table

 

So, you’d think that PCBs are a hazardous material when offered for transportation and that my response to my customer was wrong.  But…you’d say that before looking up the meaning of Special Provision 140 in column 7, which reads:

This material is regulated only when it meets the defining criteria for a hazardous substance or a marine pollutant…

So, is it a marine pollutant?

PCBs are identified on the marine pollutant list at Appendix B to 49 CFR 172.101, but to be regulated as a marine pollutant it must also offered for transportation by vessel or transported in a bulk packaging, neither of which is the case here.

Is it a hazardous substance?

No, because a Reportable Quantity of PCBs is 1 pound, as I described in my email of 4.22.15, the volume of oil and concentration of PCBs put it well below this amount.

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://www.danielstraining.com/

There you have it.  While the amount and concentration of PCB oil considered for transportation was not a hazardous material, a different packaging and volume might be.  Be sure to carefully research the Hazardous Material Regulations of the PHMSA/USDOT before you send that sample to the lab.

Or, contact me to answer your questions or to provide HazMat Employee training.

Q&A: Transporting Asbestos as a Hazardous Material and the HazMat Endorsement on the Commercial Driver’s License

Here’s a question I received through my website:

Good afternoon, I was wondering if you could tell me if a CDL driver needs a HAZ-Mat endorsement to haul asbestos, either friable or Non-friable?

Thank you,

My response:

Asbestos is listed as a hazardous material (Class 9 Miscellaneous) in the Hazardous Materials Table at 49 CFR 172.101.

Inline image 2
Special Provision 156 in column 7 of the Table reads as follows:

 Asbestos that is immersed or fixed in a natural or artificial binder material, such as cement, plastic, asphalt, resins or mineral ore, or contained in manufactured products is not subject to the requirements of this subchapter.

Bag of asbestos wasteThough the terms friable and non-friable are not used, it seems clear that PHMSA/USDOT is saying that a non-friable form of asbestos is not regulated as a hazardous material, whereas a friable form is.
However, just because it is a hazardous material doesn’t necessarily mean the driver needs the HazMat endorsement on their CDL.  The HazMat endorsement is required on the CDL when the vehicle transports an amount of hazardous material that requires placarding (More…)  In the U.S., a vehicle transporting only Class 9 Miscellaneous is not required to be placarded (More…)  Therefore, a driver of a motor vehicle transporting only Class 9 is not required to have the HazMat endorsement on their CDL.
The driver and anyone else who handles friable asbestos in transportation (e.g. loading, unloading, operating motor vehicle, preparing shipping papers, packaging for transport, etc…) is a HazMat Employee and requires initial and triennial HazMat Employee training as required by the PHMSA/USDOT (this is distinct from OSHA training).
I can provide the training you require.
Please don’t hesitate to contact me with any other questions.
Dan

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/

The Meaning of the Symbols in Column 7 of the Hazardous Materials Table

A Shipper of a hazardous material is responsible for its classification and packaging prior to offering it for shipment to a Carrier.  An important, but often overlooked, requirement for the safe and regulatory compliant transportation of a HazMat is an understanding of the special provisions in column 7 of the Hazardous Materials Table.  When column 7 of the Hazardous Materials Table (49 CFR 172.101) includes a special provision code for an entry in the table, the requirement of that code – or codes, there may be several of them – is in addition to the general packaging requirements of §173.24 and any other applicable packaging requirements in Part 173.  Further, the limitations and/or additional requirements found in the special provisions of column 7 will supersede the packaging authorizations of column 8 of the Hazardous Materials Table.

The purpose of this article is to explain the meaning of the coding system for the Special Provisions of column 7 in order to facilitate your review and understanding of them and how they may apply to your shipment of a hazardous material. (more…)

Packaging Wet Batteries for Transportation – 49 CFR 173.159

The transportation of various fluid-filled batteries containing either an acid electrolyte or an alkaline corrosive battery fluid will require the use of one of the following proper shipping names from the Hazardous Materials Table at 49 CFR 172.101:

Wet Batteries in HMT

The first thing this tells us is that Wet Batteries, either filled with acid, filled with alkali, or non-spillable are a hazardous material when transported or offered for transportation in commerce. The purpose of this article is to identify and explain the packaging requirements of 49 CFR 173.159 for the transportation of Wet Batteries with a special emphasis on the exception from full compliance with the Hazardous Material Regulations (HMR) that’s available at §173.159(e). (more…)

Special Provision 130 of the Hazardous Materials Table for the Shipment of Batteries, Dry, Sealed, n.o.s.

If the classification of batteries you intend to offer for transportation leads you to this entry in the Hazardous Materials Table of 49 CFR 172.101:

Batteries dry in HMT

Then, you may immediately notice the absence of any information in the Table other than the proper shipping name in column 2 and the Special Provision (130) in column 7.  The presence of the proper shipping name appearing in bold (Roman) print in column 2 indicates that PHMSA has identified it as a hazardous material; but we need to know more, and that leads us to the Special Provision in column 7.  According to 49 CFR 172.101(h):

(h) Column 7: Special provisions. Column 7 specifies codes for special provisions applicable to hazardous materials. When Column 7 refers to a special provision for a hazardous material, the meaning and requirements of that special provision are as set forth in §172.102 of this subpart.

So, to understand the meaning of Special Provision 130 you must refer to 49 CFR 172.102 where we find:

130 “Batteries, dry, sealed, n.o.s.,” commonly referred to as dry batteries, are hermetically sealed and generally utilize metals (other than lead) and/or carbon as electrodes. These batteries are typically used for portable power applications. The rechargeable (and some non-rechargeable) types have gelled alkaline electrolytes (rather than acidic) making it difficult for them to generate hydrogen or oxygen when overcharged and therefore, differentiating them from non-spillable batteries. Dry batteries specifically covered by another entry in the §172.101 Table must be transported in accordance with the requirements applicable to that entry. For example, nickel-metal hydride batteries transported by vessel in certain quantities are covered by another entry (see Batteries, nickel-metal hydride, UN3496). Dry batteries not specifically covered by another entry in the §172.101 Table are covered by this entry (i.e., Batteries, dry, sealed, n.o.s.) and are not subject to requirements of this subchapter except for the following:

(a) Incident reporting. For transportation by aircraft, a telephone report in accordance with §171.15(a) is required if a fire, violent rupture, explosion or dangerous evolution of heat (i.e., an amount of heat sufficient to be dangerous to packaging or personal safety to include charring of packaging, melting of packaging, scorching of packaging, or other evidence) occurs as a direct result of a dry battery. For all modes of transportation, a written report submitted, retained, and updated in accordance with §171.16 is required if a fire, violent rupture, explosion or dangerous evolution of heat occurs as a direct result of a dry battery or battery-powered device.

(b) Preparation for transport. Batteries and battery-powered device(s) containing batteries must be prepared and packaged for transport in a manner to prevent:

(1) A dangerous evolution of heat;

(2) Short circuits, including but not limited to the following methods:

(i) Packaging each battery or each battery-powered device when practicable, in fully enclosed inner packagings made of non-conductive material;

(ii) Separating or packaging batteries in a manner to prevent contact with other batteries, devices or conductive materials (e.g., metal) in the packagings; or

(iii) Ensuring exposed terminals or connectors are protected with non-conductive caps, non-conductive tape, or by other appropriate means; and

(3) Damage to terminals. If not impact resistant, the outer packaging should not be used as the sole means of protecting the battery terminals from damage or short circuiting. Batteries must be securely cushioned and packed to prevent shifting which could loosen terminal caps or reorient the terminals to produce short circuits. Batteries contained in devices must be securely installed. Terminal protection methods include but are not limited to the following:

(i) Securely attaching covers of sufficient strength to protect the terminals;

(ii) Packaging the battery in a rigid plastic packaging; or

(iii) Constructing the battery with terminals that are recessed or otherwise protected so that the terminals will not be subjected to damage if the package is dropped.

(c) Additional air transport requirements. For a battery whose voltage (electrical potential) exceeds 9 volts—

(1) When contained in a device, the device must be packaged in a manner that prevents unintentional activation or must have an independent means of preventing unintentional activation (e.g., packaging restricts access to activation switch, switch caps or locks, recessed switches, trigger locks, temperature sensitive circuit breakers, etc.); and

(2) An indication of compliance with this special provision must be provided by marking each package with the words “not restricted” or by including the words “not restricted” on a transport document such as an air waybill accompanying the shipment.

(d) Used or spent battery exception. Used or spent dry batteries of both non-rechargeable and rechargeable designs, with a marked rating up to 9-volt that are combined in the same package and transported by highway or rail for recycling, reconditioning, or disposal are not subject to this special provision or any other requirement of the HMR. Note that batteries utilizing different chemistries (i.e., those battery chemistries specifically covered by another entry in the §172.101 Table) as well as dry batteries with a marked rating greater than 9-volt may not be combined with used or spent batteries in the same package. Note also that this exception does not apply to batteries that have been reconditioned for reuse.

That’s a lot, and I don’t intend to go through all of it word-for-word; what I will do is break Special Provision 130 down into four basic sections and then summarize the requirements of each section.  The content of Special Provision 130 can be broken down into these four sections:  Description, Applicability, Requirements, and Exception for Used or Spent Batteries.

DescriptionDry Cell Alkaline Battery

“Batteries, dry, sealed, n.o.s. (aka:  dry batteries) are:

  • Hermetically sealed.
  • Generally utilize metals (not lead) and/or carbon as electrodes.
  • Typically used for portable power applications.
  • Rechargeable and non-rechargeable.
  • (Mostly) manufactured with gelled alkaline electrolytes (rather than acidic).
  • Differentiated from non-spillable batteries in that they are unlikely to generate Hydrogen or Oxygen when overcharged.
Applicability
  • Dry batteries that are specifically covered by another entry in the Hazardous Materials Table (eg. nickel-metal hydride batteries transported by vessel in certain quantities) must be transported in in compliance with the requirements of that entry.
  • Dry batteries not specifically covered by another entry in the Table are covered by this entry.
  • Special Provision 130 is applicable only to the proper shipping name of Batteries, dry, sealed, n.o.s. and does not appear anywhere else in the Hazardous Materials Table.
Requirements

Dry batteries covered by this entry are not subject to any of the Hazardous Materials Regulations of PHMSA when transported in commerce except for the following:

  • HazMat Incident reporting pursuant to 49 CFR 171.15 is required for dry batteries transported by air.
  • HazMat Incident reporting pursuant to 49 CFR 171.16 is required for all modes of transportation (air, vessel, highway, or rail) of dry batteries.
  • Batteries and battery-powered devices containing batteries must be prepared and packaged for transport in a manner to prevent a dangerous evolution of heat, a short circuit (packaging and separation methods are indicated), and damage to battery terminals (methods to protect terminals are indicated).
  • There are additional requirements for the transportation by air of batteries whose voltage exceed 9 volts.Transportation of a hazardous material by Aircraft
Exception for Used or Spent Batteries

Used or spent dry batteries meeting the following conditions are not subject to this Special Provision or to any of the Hazardous Material Regulations of PHMSA when transported in commerce:

  • Must be used or spent.
  • May be rechargeable or non-rechargeable design.
  • Marked rating may not exceed 9 volts.
  • May be combined in the same package without inner packaging or other separation within the package.
  • Must be transported by highway or rail; not by vessel or air.
  • Purpose of transportation must be for recycling, reconditioning, or disposal.
  • Dry batteries subject to a different entry in the Hazardous Materials Table may not be transported in the same package as dry batteries subject to this exception.
  • Dry batteries with a marked rating of greater than 9-volt may not be transported in the same package as dry batteries subject to this exception.
  • This exception does not apply to batteries that have been reconditioned for reuse.

Question:  Does Special Provision 130 apply to the transportation of spent alkaline dry cell batteries?

Answer:  Yes.  LOI 09-0090.

While the transportation of batteries, particularly lithium batteries, can be complicated and restrictive; the transportation of certain dry batteries (eg. spent alkaline dry cell batteries with a marked rating of no more than 9-volt) can be quite simple if you are familiar with the HMR and know how to apply the exceptions it provides.

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://www.danielstraining.com/

My training for personnel involved in the transportation of hazardous materials or dangerous goods, by all modes, both international and domestic, will provide this understanding and ensure compliance with the training requirements of the Pipeline and Hazardous Materials Safety Administration of the USDOT, the International Air Transport Association, and the International Maritime Organization.

Safety Alert From PHMSA – Operation Classification for Bakken Region Crude Oil

Recent derailments and resulting fires indicate that the type of crude oil being transported from the Bakken region may be more flammable than traditional heavy crude oil

The above determination was made by the USDOT Pipeline and Hazardous Materials Safety Administration (USDOT/PHMSA) based on preliminary inspections conducted after recent train derailments in North Dakota, Alabama, and Lac-Mégantic, Quebec; each of which involved Bakken crude oil.

(more…)

What is the PHMSA/USDOT Definition of a Hazardous Substance?

The PHMSA/USDOT definition of a hazardous material (HazMat) at 49 CFR 171.8 indicates that the term includes a Hazardous Substance.  In other words, if a material meets the definition of a hazardous substance, then it is also a hazardous material and subject to the regulations of the PHMSA/USDOT when in transportation or offered for transportation.  It is therefore important to understand what, exactly, a hazardous substance is. (more…)

The Identification and Transportation of a Regulated Medical Waste

The Hazardous Material Regulations (HMR) of the PHMSA/USDOT regulate the transportation in commerce of an Infectious Substance (Hazard Class 6, Division 6.2).  The description of Division 6.2 at 49 CFR 173.134 includes a definition of both Regulated Medical Waste and Sharps, and an exception from full regulation under the HMR for Regulated Medical Waste if shipped as required.  The purpose of this article is to explain the requirements to comply with the exception for transportation of a Regulated Medical Waste. (more…)

What is a “Forbidden” Hazardous Material?

The Hazardous Materials Regulations (HMR) of the US DOT found at 49 CFR Parts 171-180 regulate the transportation of all hazardous materials in commerce.  A material or substance is determined to be hazardous if it poses an unreasonable risk to health, safety, and property when transported in commerce.  Some hazardous materials are determined by the US DOT to pose too great a risk for some modes of transportation:  passenger air/rail or cargo air; and others are banned from transportation in commerce altogether, these are the “Forbidden” Materials.

If you are a Shipper of a hazardous material (HazMat) you are responsible for its classification before offering it for transportation to a Carrier.  The identification of a “Forbidden” Material is an important part of that classification.  If you are a Carrier, you should be aware of “Forbidden” Materials and know what to look for when accepting shipments for transportation; the transportation in commerce of a “Forbidden” Material could result in a catastrophic HazMat incident which you do not want to be involved in, no matter who is at fault.  The purpose of this article is to explain how the HMR identifies a “Forbidden” Material and your responsibilities as a Shipper or Carrier.

The following materials are identified as Forbidden by the US DOT at 49 CFR 173.21 unless otherwise provided in the HMR:

  • Materials designated as “Forbidden” in column 3 of the Hazardous Materials Table at §172.101.
  • Forbidden explosives defined at §173.54.
  • Electrical devices (eg. batteries), which are likely to create sparks or generate heat, unless packaged to prevent such an occurrence.
  • A package with a specified magnetic field if to be transported by aircraft [§173.21(e)].
  • If packaged with another material (same packaging, freight container, or overpack) when the mixing of the two could create a hazard [§173.21(f)].
  • A package with a specified Self-Accelerated Decomposition Temperature (SADT) or a specified polymerization temperature if there will be an evolution of a dangerous quantity of heat or gas [§173.21(f)].  This paragraph goes on to describe in depth the specific conditions that apply to this description.  I encourage you to read this closely if it may apply to your operations at all.
  • Packages with a material that is not Forbidden that give off a flammable gas or vapor likely to create a flammable mixture with air in a transport vehicle.
  • Packages with a material (not classified as explosive) that will detonate in a fire.
  • A lighter as defined at §171.8 containing a Division 2.1 Flammable Gas or Class 3 Flammable Liquid unless it is of a design that is allowed by regulation or by the US DOT [§173.21(i)].
  • The “Ketone Peroxide” category of an organic peroxide calculated per §173.128(a)(4)(ii) to contain >9% available oxygen [§173.21(j)].  It includes but is not limited to:
    • Acetyl acetone peroxide
    • Cyclohexanone peroxide(s)
    • Diacetone alcohol peroxides
    • Methylcyclohexanone peroxide(s)
    • Methyl ethyl ketone peroxide(s)
    • Methyl isobutyl ketone peroxide(s)
  • An oxygen generator (chemical) as cargo in a passenger aircraft even if identified as acceptable elsewhere in the HMR.  However, an oxygen generator for a passenger’s personal or medical needs that meets the  requirements of §175.10(a)(7) is not a “Forbidden” Material.

Be aware that some hazardous materials are listed in the Hazardous Materials Table and then identified as “Forbidden” in column 3 (eg. Galactsan Trinitrate).  Refer to this PHMSA/USDOT website with a list of hazardous materials identified as Forbidden in column 3 of the Hazardous Materials Table:  Forbidden Materials (September 25, 2000).

Others may only be forbidden by a specific mode of transportation, but otherwise acceptable for transportation in commerce, examples:

  • Hydrogen, compressed:  Forbidden for transportation by passenger air or rail (column 9A of the Hazardous Materials Table).
  • Hydrogen Sulfide:  Forbidden for transportation by passenger air or rail (column 9A of the Hazardous Materials Table) and cargo air (column 9B).

So, what can you do with a “Forbidden” Material if you cannot transport it?  If offsite transportation is necessary, you have two options:

  • Change the material or package in some so that it no longer exhibits the characteristic of a “Forbidden” Material.
  • Apply for a Special Permit from the US DOT.

“Forbidden” Materials are one of those aspects that may never affect your operations under the HMR.  Or, it may be a significant factor in how you prepare for transportation or transport a hazardous material.  My training will teach you how to determine which of the regulations apply to you and what you must do to maintain compliance.  Please don’t hesitate to contact me with questions.

Why Doesn’t a Bulk Packaging Include a Barge or Vessel?

A Bulk Packaging, defined at 49 CFR 171.8:  “Means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment. A Large Packaging in which hazardous materials are loaded with an intermediate form of containment, such as one or more articles or inner packagings, is also a bulk packaging. Additionally, a bulk packaging has:

  1. A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid;
  2. A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or
  3. A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in §173.115 of this subchapter.”

Simple enough, but why is it that a vessel or barge is specifically excluded from the definition of a Bulk Packaging?

Before we get to the answer, let’s make sure we understand the terms, both of which are defined at 49 CFR 171.8:

  • “Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.”
  • “Barge means a non-self propelled vessel.”

The answer, is that any material, including a hazardous material, loaded directly into the hold of a vessel or barge is subject to the regulations of the US Coast Guard and not the Pipeline and Hazardous Materials Administration (PHMSA) of the US DOT and therefore not subject to the Hazardous Material Regulations.

The transportation of hazardous materials involves many different methods (air, water, highway, rail) each of which is subject to the regulations of the PHMSA.  But other Federal agencies have their own authority and their own regulations that may impact the shipment as well.  Learn what you need to know about the transportation of hazardous materials at my training, either On-Site or Public Workshop/Open Enrollment.  Contact me for a free consultation on your training needs.