A question from the regulated community (10.24.17):

Good afternoon Daniel. I am shipping a combustible liquid and wanted to know if I can ship overnight by air if it falls under excepted quantity. It has a flashpoint of 80 Celsius. Will it require dangerous goods paperwork and placarding? If under 500mL I can ship by excepted quantity without placarding and paperwork correct? If over 500mL would it have to go ground only? I do not see combustibles in section 4.2 in the IATA book.

Thanks for your help sir.

I knew this was going to be a tough question to answer because it referenced a classification unique to the U.S. (Combustible Liquid), a complicated packaging exception (excepted quantity), and two distinct sets of regulations (the USDOT/PHMSA Hazardous Materials Regulations for transport within the U.S. and the IATA Dangerous Goods Regulations for transport by air).  So, I asked for more information and more time:

Thank you for contacting me.

This is a very tough question which is taking me some time to research. If you can provide some additional information, that would be helpful:

• What is the material? Does it have a classification other than combustible liquid?
• Is the maximum net quantity of the inner packaging no more than 30 g or 30 ml?
• Is the maximum net quantity of the outer packaging no more than 500 g or 500 ml?

Thank you and please advise.

He replied the next day (10.25.17):

Here is the SDS (SDS was attached to the email). Inner packaging would be 500mL. Maximum net quantity of the outer packaging would be 500mL.

The following relevant data was obtained from the SDS:

• Contains: 95% N-MethylAminoPropylTriMethOxySilane and <5% Methanol
• Flash point: 82 °C (179.6 °F)
• Section 14 indicates classification as UN1993, Combustible liquid, n.o.s.
• No classification per international regulations (IATA or IMO) is indicated.
• No other information in SDS indicates material meets defining criteria of other HazMat / dangerous good.

Ball was back in my court.  I replied later that day:

I think I have an answer for you. Please see below.

• Based on the SDS it is a hazardous material (HazMat) as defined by USDOT/PHMSA as a Class 3 Combustible Liquid.
• The international regulations – including IATA – do not have a classification for, and do not regulate, a Combustible Liquid. Therefore, this material is not regulated per IATA.
• 49 CFR 171.22(c) of the Hazardous Materials Regulations (HMR) requires a HazMat not subject to international regulations – e.g., a Class 3 Combustible Liquid – be subject to the HMR when transported to, from, or through the U.S. regardless of international regulations. This USDOT letter of interpretation confirms it (LOI 13-0020).
• A Combustible Liquid transported within the U.S. is subject to the combustible liquid exception if it is not transported in a bulk packaging and is not classified as a hazardous substance, hazardous waste, or marine pollutant.  Based on the information provided I presume this HazMat is none of those.
• To be be eligible as an excepted quantity per USDOT/PHMSA and IATA regulations the maximum net quantity of the inner packaging must be no more than 30 g / 30 mL and the maximum net quantity of the outer packaging must be no more than 500 g / 500 mL. Based on your earlier email your HazMat exceeds the maximum net quantity for the inner packaging and therefore can’t be transported as an excepted quantity.

In summary:

Based on the information provided the material as described is not subject to the regulations of either USDOT/PHMSA or IATA when transported within the U.S. or internationally by any mode as long as the requirements of the Combustible Liquid Exception are met.

I hope this helps.

Please don’t hesitate to contact me with any other questions.

That appeared to satisfy him.

Great! Thanks Daniel. Some of these chemicals can be tricky when shipping.

Conclusion:

The transport of a hazardous material (aka: dangerous good) within the U.S. while subject to international regulations can be a challenge! The classification of a Class 3 Combustible Liquid and the application of the Combustible Liquid Exception are only two examples where international and domestic regulations must be made to work together. Other shipping challenges include: marine pollutants, hazardous substances, & lithium cells or batteries to name a few.  And of course, all regulations require periodic training for applicable personnel to ensure knowledge and compliance.

A question from somewhere in the U.S. (October 23, 2017):

Hi my name is <<name>>. I drive a box truck for work. We have two facilities. I transport materials back and forth. I carry minimum hazmat from time to time. What are the requirements for transporting say 6 car batteries. Or a very small bottle of compressed nitrogen?.  Do they need to be boxed up with placard on packaging and the proper emergency contact info on the outside of the box and should I have a b.o.l. for transportation with ads sheets. If you can help me I’d be so grateful. I’ve been back and forth with my concerns to the company and they basically ignore me.

Sincerely

My reply that day:

I believe I can answer your question.  Please see below:

Like any decent regulatory agency the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) issues monetary penalties for violations of its Hazardous Materials Regulations (HMR). And wouldn’t you know it, USDOT/PHMSA adjusts those penalties to keep pace with inflation. Below are the increased penalty amounts for 2019:

Note: all penalties are assessed per violation, per day.

• Maximum civil penalty for a violation of the HMR: $78,976. An increase from $78,376 in 2018.
• If the violation results in death, serious illness, severe injury, or substantial property damage:  $186,610.  An increase from $182,887 in 2018.
• The minimum penalty for a violation related to HazMat Employee training:  $481.  An increase for $10 from $471 in 2018.

Remember, those amounts can be assessed separately for each day that each violation exists.

I’m sure you’ve been in a situation where someone has told you that the company can’t afford HazMat Employee training.  Looking at the above amounts I’d say it’s more correct to say the company can’t afford not to have HazMat Employee training.

An email query on October 20, 2017:

Hello,

Just read your article “US DOT Exception for Combustible Liquid Hazardous Materials” and it was very helpful to my company.

One question… can this combustible exemption be used when shipping to Canada?

My reply:

I will be able to assist you with this issue.  A few questions:

A question from my website (October 10, 2017):

Do i need to print the entire name of a waste receiving facility as permitted, or can I abbreviate it?

My reply that same day:

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

• The USEPA instructions for completing the Uniform Hazardous Waste Manifest include the following:

Item 8. Designated Facility Name, Site Address, and U.S. EPA ID Number
Enter the company name and site address of the facility designated to receive the waste listed on this manifest. Also enter the facility’s phone number and the U.S. EPA twelve digit identification number of the facility.

• There is nothing that I can find in EPA regulations that prohibits the abbreviation of the designated facility. Nor is it specifically allowed.
• USDOT regulations at 49 CFR 172.201(a)(3) prohibit the use of abbreviations in the shipping description unless specifically authorized by regulations. However, the designated facility is not part of the shipping description.
• State regulations may be more strict than those of the USEPA and may contain a prohibition on the use of abbreviations, though I doubt it. You may wish to check with the state of both the generator and designated facility.

• In sum:  I don’t recommend abbreviating information on the Uniform Hazardous Waste Manifest but cannot find anything in the regulations – either USDOT or USEPA – that specifically prohibits it.

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

At that seemed to do it because I didn’t hear anymore from him.

While I prefer to give clear answers based on precise language of the regulations, sometimes that isn’t possible.  As in this instance, the regulations don’t always address every possible circumstance.  In those situations I think it best to be conservative and play it safe.

A question (09.22.17):

if you are carrying 2 – totes of sulfuric acid on flatbed rail side truck and the totes are placarded correctly with the un# bulk placards. Does the truck also have to be placarded with the same placards?

My answer:

A substantial percentage of the questions I receive pertain to Class 9 Miscellaneous and its placarding requirements.  Here’s one of them:

If a container has a class 9 placards and an orange placard with 4 digit # does the driver have to have hazmat endorsement on their license to haul? Product is agricultural pesticides and fertilizers.

Thanks

I was busy just then and wanted to give him a quick answer but also wished to provide more information. So, here’s my answer:

Short answer: No.

I will provide the long answer later today.

And later that night, I provided the long answer:

I will provide a more complete answer to your question:

Here’s a question from September 18, 2017.  This guy had done his research (you can tell by his questions) but still required some guidance through the USDOT/PHMSA Hazardous Materials Regulations:

Good afternoon,

I’ve been doing some digging and I think I have the answer but I want to run it past you first.

What we’ll be doing: 2 – 400 gallon steel tanks fabricated to be about 4x6x5’ tall. They are open top tanks, like a cube. We’ll have them on a flatbed trailer. We will be taking them to a site, filling with diesel fuel, cleaning parts that are on site, draining the fuel and moving them to another site with no fuel in them. The driver will not have a commercial driver’s license (CDL). The GVW of the truck and trailer is less than 26,000 lb, so this is a CMV rig.

The combined gallons of the tanks is less than 1,000. We’re good. No endorsement needed. They are on a flatbed trailer. The intended use of the trailer is not for tanks, so it’s not considered a tanker. We’re good. No endorsement needed.

But, do we need to certify that the tanks are cleaned, purged, vapor free? We can rinse them very well at each cleaning station but they will no doubt a very small residual amount of fuel, at least a fuel smell – vapors.

If we rinse them with a degreaser to remove the odor, will that make us legal? Do we need to have them certified and then carry the cert with the us in the truck?

I think we need to have them certified clean and carry the cert. I hope I’m wrong.

What are your thoughts? Thank you very much.

My reply that same day:

It looks like you have done your research. I will try to assist you as best I can. Please see below.

• As long as the tanks are not being used to transport hazardous materials you are not subject to USDOT regulations.
• If however, the tanks contain the residue of a hazardous material (diesel) – even vapors – then the transportation in commerce is subject to regulation. If that is the case, what you have are bulk packagings of a hazardous material which require placards.  Read: USDOT Regulations for the Transport of “Empty” Packagings
• If placards are required to be displayed on a vehicle then, no matter the size, the driver must have a CDL with the HazMat endorsement.
• A vehicle greater than 10,000 lbs but less than 26,000 lbs GVW engaged in interstate transport (i.e. between two states) is a commercial motor vehicle (CMV) subject to some – but not all – Federal regulations. A vehicle of >26,000 lbs GVW is subject to full regulation.
• A vehicle engaged solely in intrastate transportation (does not leave the state) is subject solely to state regulations which may be more strict than Federal. Some states (e.g. California) regulate a CMV at less than 10,000 lbs.
• The HazMat endorsement on a CDL is required only if the vehicle is required to display placards.
• If the tanks are “sufficiently cleaned of residue and purged of vapors to remove any potential hazard”, then no HazMat exists, placards are not required.
• A certification is not required in order to indicate the tanks are “empty” as defined above. It is up to you as the shipper to determine if the definition of “empty” has been met. You may wish to create some type of certificate for the driver to provide to an inspector if stopped, but it won’t mean anything if any harmful vapors remain in the tanks.
• I assume from you question that you will not be transporting the diesel, that it will be on-site waiting for you. If this is the case then you are not a shipper or carrier of HazMat.
• Almost all transport of HazMat is subject to regulation and will require HazMat Employee training.
• I receive this question so frequently I turned it into an FAQ: Do I Need and “All Clean” Certificate for my Empty Cargo Tank?

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

This was clearly important to him because he replied immediately:

Thank you for your quick response.  Please scroll down and see the text below.  I found this in the regs – 49 CFR 173.29.  Great.

(b) Notwithstanding the requirements of paragraph (a) of this section, an empty packaging is not subject to any other requirements of this subchapter if it conforms to the following provisions:

(1) Any hazardous material shipping name and identification number markings, any hazard warning labels or placards, and any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) are removed, obliterated, or securely covered in transportation. This provision does not apply to transportation in a transport vehicle or a freight container if the packaging is not visible in transportation and the packaging is loaded by the shipper and unloaded by the shipper or consignee;

(2) The packaging—

(i) Is unused;

(ii) Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard;

We have the opportunity to rinse, scrub with degreaser and rinse again at each site.  These sites are all over the country so we’ll be interstate.  But with no residuals and no vapors we will not be transporting anything hazardous, just an empty tank.

What I’d like to do is generate a certificate for the driver that has the regulations listed for the office to see when we’re pulled over.  I have no doubt we’ll be pulled over at some point.  I’ll reference the CFR and hopefully the nice officer will let us go on our way peacefully.

How does that all sound?

It didn’t sound too bad to me:

I think that sounds like a good idea.

Also, it may not hurt to contact a professional tank cleaner to see if they might let you have a look at the certificate they issue.  It might help you in selecting the wording for your certificate.

However, some language to the effect of “cleaned per 49 CFR 173.29(b)(2)(ii)…” would suffice.

Also, please note: the wastewater generated at each site will likely be a non-hazardous waste subject to state regulation.  For example, in Michigan it will likely be a Liquid Industrial By-Product.  In Pennsylvania, a residual waste.  In California, a non-RCRA hazardous waste.  In Texas a Non-Hazardous Industrial Solid Waste (Class 1 or Class 2).

Please contact me if you have any other questions about the transport of HazMat or the management of waste.

There were still some legs on this exchange:

We are working for a major oil company.  Our folks will check, but the client should have the means to dispose of / capture / store any rinse waters that are associated with their property.  Typically they would take care of that as they are the generators of such waste.

A commonly-shipped HazMat that generates a lot of questions for me:  lithium batteries:

Hello,

I saw that you had answered a few questions about transporting batteries in the past, and I had one for you that I hope you can answer. My company is transporting (by ourselves, not shipping), several manufactured articles over the coming months and they all contain three Li-Ion cells wired series to produce a 12V, 144Wh battery. Do we need any special placards or packaging etc with these on board?

Thank you,

I required a little time to research the regulations but replied a few days later:

Thank you for contacting me.  I will do my best to answer your question below.

Just one of those questions I frequently get from out of the blue:

What placard do I need if I am hauling a gas and water mixture?

How many gallons of that can I haul in a trailer behind my personal truck without having to go through the DOT?

My reply:

I will try to answer your question.  Please see below.