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.

November 1, 2015 through November 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:

None

Proposed Rules:

Hazardous Waste Generator Improvements Pages 68490 – 68491 [FR DOC # 2015-28099] PDF | Text | More

Management Standards for Hazardous Waste Pharmaceuticals Pages 68491 – 68491 [FR DOC # 2015-28100] PDF | Text | More

Request for Comment: Kentucky Underground Injection Control (UIC) Program; Primacy Approval Pages 69629 – 69630 [FR DOC # 2015-28662]         PDF | Text | More

Revision to the Research, Development and Demonstration Permits Rule for Municipal Solid Waste Landfills Pages 70180 – 70183 [FR DOC # 2015-28666] PDF | Text | More

Notices:

Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption Reissuance-Class I Hazardous Waste Injection; DuPont Pontchartrain, LaPlace, Louisiana Pages 69220 – 69220 [FR DOC # 2015-28484] 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:

Prohibiting Coercion of Commercial Motor Vehicle Drivers Pages 74695 – 74710 [FR DOC # 2015-30237] PDF | Text | More

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:

Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains Pages 71952 – 71973 [FR DOC # 2015-28774] PDF | Text | More

Hazardous Materials: Editorial Corrections and Clarifications (RRR) Pages 72914 – 72929 [FR DOC # 2015-29683] PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: Explosive Approvals-Compliance With Special Provision 347 Pages 67485 – 67489 [FR DOC # 2015-27784]  PDF | Text | More

Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials Pages 68382 – 68383 [FR DOC # 2015-28012] PDF | Text | More

Hazardous Materials: Notice of Suspension of Del-Med, Inc., Edison, NJ for DOT-SP 8308 Pages 68898 – 68899 [FR DOC # 2015-28311] PDF | Text | More

Hazardous Materials: California and Los Angeles County Requirements Applicable to the On-Site Handling and Transportation of Hazardous Materials Pages 70874 – 70879 [FR DOC # 2015-28921] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 74210 – 74211 [FR DOC # 2015-29955] PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 74212 – 74212 [FR DOC # 2015-29956] PDF | Text | More

Hazardous Materials: Delayed Applications Pages 74213 – 74213 [FR DOC # 2015-29937] PDF | Text | More

Hazardous Materials: Actions on Special Permit Applications Pages 74213 – 74215 [FR DOC # 2015-29957] PDF | Text | More

So common you many notice them let alone be aware that they are a package marking required by the hazardous Material Regulations of the PHMSA/USDOT:  Package orientation arrows.  The purpose of this article is to explain the requirements for the use of the package orientation arrows at 49 CFR 172.312 and §173.25. (more…)

If you live in or near an area where farming is a significant part of the economy, then you are probably familiar with the site of a truck or tractor pulling a trailer with one or more nurse tanks of anhydrous ammonia.  The purpose of this article is to identify and explain the applicable Hazardous Material Regulations of PHMSA/USDOT for the transportation in commerce of anhydrous ammonia in nurse tanks by motor vehicle (i.e. highway). (more…)

A question from someone who found – and liked – my blog on June 26, 2015:

Dear Daniel,

I hope this message finds you well. I found your website online and I find it very helpful and educational. I haven’t found any other websites that explain HazMat transportation as simple as you do.

I checked your blog to see if you wrote about cosmetics and how they’re regulated by transportation, but I didn’t see posts about it. I was wondering if you can help me with my inquiry:

I would like to clarify how consumer skincare products that contain ethanol, other than perfumes or nail polish, are regulated for transportation if they have the following parameters:

• Product type = liquid containing a mixture of ingredients, including denatured alcohol (at 25% w/w).
• Product is considered flammable per flashpoint results.
• Product is distributed and sold at retail outlets.
• The product is packaged two ways:
  • Saturated pad (presoaked pad) individually packed in packettes (inner packaging).
    • Packettes are packed in multiple count in a paper carton (outer packaging).
  • Saturated pad (presoaked pad) multiple packed in jar container (inner packaging).
    • Jars are packed in a paper canister (outer packaging).

Would this product be unregulated for transportation (both air and ground) purposes given the way it’s packaged? I know that if it’s non bulk and bulk packaged in its liquid state – it will be regulated if it surpasses to a certain amount.

Thank you in advance for your help.

My reply, later that day (6.26.15):

That is a good question. I believe I have an answer for you.

If you have a Flammable Liquid as defined at 49 CFR 173.120, then you must ship it according to the Hazardous Material Regulations of the PHMSA/USDOT. However, the HMR contain exceptions to the burden of full regulation and what you describe above is – I believe – subject to one of those exceptions.

Found at 49 CFR 173.150(g), it reads in part:
(g) Limited quantities of retail products containing ethyl alcohol. (1) Beverages, food, cosmetics and medicines, medical screening solutions, and concentrates sold as retail products containing ethyl alcohol classed as a flammable liquid or flammable solid containing not more than 70% ethyl alcohol by volume for liquids, by weight for solids are excepted from the HMR provided that:

(i) For non-glass inner packagings:

(A) The volume does not exceed 16 fluid ounces in capacity for liquids; or

(B) For volumes greater than 16 fluid ounces but not exceeding 1 gallon the company name and the words “Contains Ethyl Alcohol” are marked on the package;

(C) Solids containing ethyl alcohol may be packaged in non-glass inner packagings not exceeding 1 pounds capacity;

(D) For weight greater than one pound up to 8 pounds the company name and the words “Contains Ethyl Alcohol” are marked on the package.

(ii) For glass inner packagings:

(A) The volume does not exceed 8 fluid ounces in capacity; or

(B) For volumes greater than 8 fluid ounces to 16 fluid ounces the company name and the words “Contains Ethyl Alcohol” are marked on the package;

(C) Solids containing ethyl alcohol may be packaged in glass inner packagings not exceeding 1⁄2 pound;

(D) For weight greater than 1⁄2 pound up to 1 pound the company name and the words “Contains Ethyl Alcohol” are marked on the package.

(iii) The net liquid contents of all inner packagings in any single outer packaging may not exceed 192 fluid ounces. The net solid contents of all inner packagings in any single outer packaging may not exceed 32 pounds. The gross weight of any single outer package shipped may not exceed 65 pounds; Inner packagings must secured and cushioned within the outer package to prevent breakage, leakage, and movement.

In sum, a Class 3 Flammable Liquid is not subject to the HMR of the PHMSA/USDOT when transported within the U.S. if it complies with the following. (shipments by air will probably require compliance with IATA which may differ but I believe will contain a similar exception):

• Meets definition of a Limited Quantity (no more than 66 pounds gross weight for outer package, and a few other requirements).
• A beverage, food, cosmetics, and medicines…
  Sold as retail products.
• Contain ethyl alcohol (aka Ethanol).
• No more than 70% ethyl alcohol.
• Meet limits for volume of inner packaging based on the container type (glass v. other, liquid v. solid).
• Meet volume and weight limits of paragraph (iii).

Given the information you provided and my brief review of the HMR, I believe that you will be able to ship this material in a manner that is not subject to the full HMR. However, you will need to meet certain packaging requirements.

Also, as indicated earlier, the Dangerous Goods Regulations of the International Air Transportation Association (IATA) may differ from PHMSA/USDOT.  Learn more about ICAO/IATA dangerous goods regulations.

If you wish for a professionally researched opinion on this topic I can assist you under my Consulting Services.

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

Dan
815.821.1550

The inquisitor’s response took a little while (August 6, 2015), but that was OK, I wasn’t in any rush:

Dear Daniel,

My sincere apologies for the late response and thank you so much for your help on this matter. This information was very helpful to me.

On another note, I’d like to inquire about your webinar offerings. I see that you offer one to Hazmat and Hazardous Waste Personnel, but I’m wondering if you have any specialized ones for regulatory personnel who’s more on the admin side and does not directly handle hazmat materials or work in a manufacturing environment.

Thank you for your help.

I’m happy to provide information about my training services any time, so on August 7th I replied:

Thank you for your reply.

Please contact me if you have any questions about my Webinar Training.

Thank you very much and please don’t hesitate to contact me with any questions.

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.

Disclaimer Time!:

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.

October 1, 2015 through October 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:

Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Direct Final Rule Pages 60052 – 60055 [FR DOC # 2015-24459] PDF | Text | More

Texas: Final Authorization of State Hazardous Waste Management Program Revision Pages 63691 – 63695 [FR DOC # 2015-26789] PDF | Text | More

Texas: Final Authorization of State Hazardous Waste Management Program Revisions Pages 63734 – 63734 [FR DOC # 2015-26783] PDF | Text | More

Proposed Rules:

Hazardous Waste Export-Import Revisions Pages 63283 – 63320 [FR DOC # 2015-25348] PDF | Text | More

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response (Renewal) Pages 60144 – 60145 [FR DOC # 2015-25323]   PDF | Text | More

Agency Information Collection Activities; Proposed Collection; Comment Request; General Hazardous Waste Facility Standards Pages 65999 – 65999 [FR DOC # 2015-27465] 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:

Twentieth Meeting: RTCA Special Committee (225) Rechargeable Lithium Battery and Battery Systems Pages 61562 – 61563 [FR DOC # 2015-26006] 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:

Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance; General Amendments Pages 60592 – 60601 [FR DOC # 2015-24921] PDF | Text | More

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:

Proposed Agency Information Collection Activities; Comment Request Pages 63272 – 63275 [FR DOC # 2015-26409] 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: Carriage of Battery-Powered Electronic Smoking Devices in Passenger Baggage Pages 66817 – 66821 [FR DOC # 2015-27622] PDF | Text | More

Proposed Rules:

None

Notices:

Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials Pages 59244 – 59245 [FR DOC # 2015-24880]    PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 59851 – 59852 [FR DOC # 2015-23370] PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 61886 – 61887 [FR DOC # 2015-26025] PDF | Text | More

International Standards on the Transport of Dangerous Goods Pages 61887 – 61887 [FR DOC # 2015-26019] PDF | Text | More

Hazardous Materials: Notice of Applications for Special Permits Pages 63279 – 63280 [FR DOC # 2015-26257] PDF | Text | More

Hazardous Materials: Delayed Applications Pages 63276 – 63277 [FR DOC # 2015-26259] PDF | Text | More

Hazardous Materials: Actions on Special Permit Applications Pages 63277 – 63279 [FR DOC # 2015-26258] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 63280 – 63281 [FR DOC # 2015-26251] 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.

A question from a reader of my Newsletter on July 22, 2015:

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.

My reply the very next day (7.23.15):

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).

173.159(d)(1) includes the only reference to packaging height that I can find in the HMR.  It reads in part:  “Electric storage batteries are firmly secured to skids or pallets capable of withstanding the shocks normally incident to transportation are authorized for transportation by rail, highway, or vessel. The height of the completed unit must not exceed 11⁄2 times the width of the skid or pallet. …”

173.159(e) contains a very good exception from most of the HMR when transporting solely batteries (i.e. no other HazMat on the vehicle) by highway or rail.

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

Thanks again for contacting me.

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

49 CFR 173.173 contains the packing instructions for paint, paint-related material, adhesives, ink, and resins.  If you intend to offer for transportation, i.e. ship, or transport in commerce any of the above – either as a product or a waste – you must be familiar with the packing instructions of §173.173 and the exception from some of the Hazardous Material Regulations it offers. (more…)

On October 2, 2015 I had the opportunity to speak for 50 minutes or so at the MRA Safety Conference in Moline, IL.  I was tasked with summarizing the Hazardous Materials Regulations of the USDOT and the applicable regulations to be addressed in Driver Training.  After it was all over I sat down, made a few minor adjustments and created a narrated presentation using Office Mix.  All you have to do is sit back and watch!

When it’s over, please don’t hesitate to contact me with any questions you may have about the transportation of hazardous materials or the management of hazardous waste.

(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.