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.

Did 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):

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.

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.

If you travel by air as much as I do (that’s what Onsite Training requires), you’ve seen the signs forbidding the transportation of hazardous materials aboard passenger aircraft, either in checked baggage or carry-on.  The purpose of this article is to identify the source of those signs, summarize the requirements of the regulations, and provide additional sources of information for the harried traveler. (more…)

Not every question I receive comes from an industrial facility embedded on the outskirts of some major city or from a busy transportation hub in the nation’s heartland.  Some, like this one on March 14th, 2015, come from exotic locations I can only hope to visit some day.

Hi Daniel,

You can tell I was impressed (3.14.15):

Here’s what I sent to him later that day.  (Yeah, I work Saturdays.):

Note from Dan:  The domestic transportation of a hazardous material is always subject to the Hazardous Material Regulations of the the PHMSA/USDOT.  A domestic shipper of HazMat by air will likely also have to comply with the Dangerous Goods Regulations of IATA; this depends on your air carrier since most - but not all - require compliance with the IATA DGR.  The international transportation of a HazMat (called dangerous goods) by air must comply with the IATA DGR.  The direct transportation of a HazMat from San Diego, CA to Hawaii is not international transportation and therefore is only required to comply with the HMR unless the carrier requires compliance with the IATA DGR as well.  Got it?

In response to recent accidents involving crude oil shipments by rail in the U.S. and Canada, U.S. Transportation Secretary Anthony Foxx has issued a “Call to Action,” calling on rail company executives, associations, shippers, and others to discuss how stakeholders can prevent or mitigate the consequences of rail accidents that involve flammable liquids.

The following companies have voluntarily submitted testing data to the US Department of Transportation in response. The information shared consists of data gathered from samples of petroleum crude oil from the Bakken region of North Dakota. We will continue to post updates as more companies respond to the Department’s industry-wide effort aimed at enhancing the safe transport of flammable liquids by rail.

Notes:

• H₂S = Hydrogen Sulfide; BP = Boiling Point
• FP = Flash Point
• RVP = Reid Vapor Pressure
• API = American Petroleum Institute
• TVP = True Vapor Pressure

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 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.

 May 1, 2015 through May 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:

None

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:

Railroad Safety Advisory Committee; Notice of Meeting Pages 26988 – 26988 [FR DOC # 2015-11269] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 30109 – 30110 [FR DOC # 2015-12579] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 30110 – 30112 [FR DOC # 2015-12584] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 30112 – 30113 [FR DOC # 2015-12578] PDF | Text | More

Proposed Agency Information Collection Activities; Comment Request Pages 30113 – 30114 [FR DOC # 2015-12580] 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: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains Pages 26643 – 26750 [FR DOC # 2015-10670]     PDF | Text | More

Proposed Rules:

None

Notices:

International Standards on the Transport of Dangerous Goods Pages 26617 – 26618 [FR DOC # 2015-11104] PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 27844 – 27845 [FR DOC # 2015-11625] PDF | Text | More

Hazardous Materials: Notice of Application for Special Permits Pages 29156 – 29157 [FR DOC # 2015-11817] PDF | Text | More

Hazardous Materials: Notice of Application for Modification of Special Permit Pages 29157 – 29158 [FR DOC # 2015-11825] PDF | Text | More

Hazardous Materials: Delayed Applications Pages 29387 – 29388 [FR DOC # 2015-11815] PDF | Text | More

Hazardous Materials: Actions on Special Permit Applications Pages 29388 – 29389 [FR DOC # 2015-11827] 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.

If you’ve ever considered registering for one of my HazMat Employee Training Webinars but decided against it because of past poor experiences, I encourage you to take just 3.5 minutes to view this short video clip I recorded from a HazMat Employee Training Webinar I conducted on May 11, 2015.

It’s nowhere near the full training, but this short segment will – I believe – demonstrate to you that my live, interactive (you can ask questions at any time) webinars will meet your regulatory training requirements in a fast (3 hours), efficient (scheduled 1/month right at your desk), and cost-effective (only $189/person) manner.

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

Interested in a HazMat Employee  – or Hazardous Waste Personnel – Training Webinar?  See my full schedule:  Daniels Training Services HazMat Employee & RCRA Training Webinars

FEBRUARY 26, 2015:  A QUESTION FROM A PREVIOUS ATTENDEE OF ONE OF MY TRAINING SEMINARS:

I had a question come up about transporting batteries to a recycle vendor. A 2000 lb lead acid battery that is on one of my trucks going to a scrapper. What is required. Are you going to need a placard on the truck and label on the battery as corrosive along with the paperwork or is it an ORM-D? How does DOT view this type of load?

MY REPLY ON MARCH 2ND (I WAS BUSY!):

Sorry for the delay in replying. I can get you an answer, but I need some more information: Please clarify what you mean by “on one of my trucks going to a scrapper.” Is this battery still connected to a vehicle? Is the vehicle gas-powered (gasoline)? How will it be transported? In a vehicle? On a vehicle? Towed by a vehicle?

Please advise on the above and I can get you an answer.

CUSTOMER REPLIED (3.3.15):

One of our trucks from our distribution center, a 53’ trailer semi, was transporting a bad forklift battery to a scrap vendor. The battery was skidded up and packed correctly according to DOT regs.  It was going via semi, over highway, to the scrap vendor.  Essentially its an ORM-D for recycle so you’re outside of RCRA.

MY QUICK REPLY ON MARCH 3RD:

You are correct on several counts and should be in compliance with DOT & EPA regulations overall.  Some clarification:

Drive our nation’s highways and you’ll see hazardous materials in transportation.  Drive on some of the main transportation corridors – like Interstate 80 (I-80) – and you’ll see some very interesting HazMat transported in commerce.

And if you’re like me, you want to know what it is being transported in the vehicles you see on the highway.  Like this one.

(more…)

In this business you just never know from what industry within the regulated community you might receive a question.  Like this one from a person with whom I’d had no prior business; he contacted me through MY WEBSITE with a question on March 23, 2015:

I’m going to be loading gun carriers for the oilfield with shaped charges and det cord. My previous job with <<redacted>>, we were told by DOT when we transported our guns that we only needed to count the explosive weight and not the gun carrier itself (shipping container) What is the proper way to calculate the weight to transport perforating guns. Any information would be greatly appreciated.

My honest reply the next day (3.24.15):

That question is going to take a little research (and time).  I have not yet had experience with DOT regulations for explosives, but am confident I can answer your question after digging into the regulations.

I’ll try to get you an answer later this week or early next.

True to my word, here’s my reply on March 30th:

The answer to your question depends on what area of the HMR you are seeking to determine compliance.  I will do my best to summarize the requirements below based on the information available.

I believe you are describing the proper shipping name from column 2 of the Hazardous Materials Table (49 CFR 172.101) of:  Jet perforating guns, charged oil well, with detonator (either hazard class 1.1D or 1.4D).  Both hazard classes have the same special provisions (found in column 7 of the Hazardous Materials Table) and authorized packaging (found in column 8 of the Hazardous Materials Table).

Determining compliance based on net explosive weight v. weight of jet perforating gun:

• The packing instructions (US1 in Table of Packing Methods at 49 CFR 173.62) include limits on the weight of the explosive content at 1(b):  “Each shaped charge affixed to the gun may not contain more than 112 g (4 ounces) of explosives.” and 1(e)(ii & iii): “A jet perforating gun classed as 1.4D may be transported by a private offshore supply vessel only when the gun is carried in a motor vehicle as specified in paragraph (d) of this packing method or on offshore well tool pallets provided that:
  (i) All the conditions specified in paragraphs (a), (b), and (c) of this packing method are met;
  (ii) The total explosive contents do not exceed 90.8 kg (200 pounds) per tool pallet;
  (iii) Each cargo vessel compartment may contain up to 90.8 kg (200 pounds) of explosive content if the segregation requirements in §176.83(b) of this subchapter are met; and
  (iv) When more than one vehicle or tool pallet is stowed “on deck” a minimum horizontal separation of 3 m (9.8 feet) must be provided.”  Otherwise there are no references to weight in the packing instructions.  So here, it is the weight of just the explosive content that matters and not the weight of the entire gun.  There is no reference in US1 to inner, outer, or intermediate packaging, because the gun itself is considered to be the authorized packaging.
• The placarding determination at 49 CFR 172.504 includes specific information about placarding explosives, but no reference is made to using the weight of the entire article (jet perforating gun) or just the explosive content.  It is my opinion, absent of guidance from USDOT, that the weight of the entire article (jet perforating gun) would be considered when determining the need for displaying placards.  More information on the topic of placarding this HazMat is contained later in this article.
• 49 CFR 172.202(a)(5)(i) for describing the total quantity of a HazMat on a shipping paper reads as follows: “For Class 1 materials, the quantity must be the net explosive mass. For an explosive that is an article, such as Cartridges, small arms, the net explosive mass may be expressed in terms of the net mass of either the article or the explosive materials contained in the article.” (emphasis mine)  I believe the jet perforating guns are an article and therefore have the option to be described on the shipping paper by either the net mass of the entire article or just the explosive content.  There are several USDOT letters of interpretation that confirm this interpretation:
  • 04-0086
  • 04-0180
  • 04-0235
  • 05-0208

I hope this helps.  Please let me know if you have any other questions.

Thinking the issue resolved – another happy customer, right? – I sent this email on April 9, 2015:

With your permission I’d like to use the text of our emails (all names removed) as an article in my blog and newsletter.

Please let me know if that is OK.

The reply from my – not entirely satisfied – customer the next day (4.10.15):

Dan, as long as my name and the company name isn’t in there I don’t see a problem with it, maybe someone else can shed some light on the subject of net vs. gross explosive weight and placarding accordingly.

Thanks

Wait.  What?!  My reply on April 11, 2015:

I appreciate you letting me use the content of our emails.  Does your email indicate that I did not answer your question entirely?  I’d be more than happy to provide more information if you have any unanswered questions.

Still some unanswered questions (4.11.15):

Not entirely, I understand that most oilfield companies count gross weight which is the weight of the explosives and the weight of the gun barrels for placarding, at <<redacted>> we were told by somebody with dot that we only had to go by net explosive weight and not gross so we didn’t have to placard our vehicles even though we were carrying more than 1000 lbs gross weight.

OK, let me try that again (4.11.15):

I’ll research that question further and get you an answer next week.

My reply on April 22, 2015:

OK!  I think I have the answer you are looking for and it is right in the regulations.

49 CFR 172.504(c) indicates an exception from placarding requirements for a non-bulk packaging of a placard Table 2 material of less than 1,001 lbs aggregate gross weight of hazardous material.

“Aggregate gross weight” refers to the combined weight of the HazMat and the completed package (e.g. a 55-gallon drum and the HazMat it contains).  This requires that both the explosive content and the weight of the gun be considered for the purposes of determining placards.

Assumptions regarding the HazMat in question:

• It is a placard Table 2 HazMat.
• It is in a non-bulk packaging.

With the information you provided, my assumptions (see above), reference to 49 CFR 172.504(c), and a conversation with the PHMSA, I have determined that the entire weight of the explosive content and the gun itself (i.e. the aggregate gross weight) must be used when making the placarding determination for a vehicle.

If you like, I can assist you in submitting a request for a letter of interpretation to PHMSA to conclusively determine this regulation.

I hope this helps.

My follow-up on May 7, 2015:

Just curious if you have any more questions for me on this matter?  If you are not yet satisfied with my answer, I’d be happy to dig a little deeper.  If this is the answer you’re looking for and the issue is closed, I’d appreciate it if you would OK me to use the content of these emails (no identifying information) in an article on my website.

Thanks and please contact me with any questions you may have.

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/

And now, finally, the satisfied customer I was hoping for! (5.7.15):

Yes, I believe you have answered my question, sorry I haven’t got back to you sooner, been very busy, I don’t mind that you use the info on your website.
Thanks again

 

Question from previously unknown contact on April 2, 2015 through the Contact Me page of my website:

Good morning, to my understanding I’ve known that we need placards on flammable over 1000 lb.  But when we have 324lb. of 4.1 Flammable and 525 lb. of UN1866, resin solution.  Is it ok to use Dangerous only or both placards? Tks!

My reply later that same day:

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

• You are correct that vehicles transporting quantities of most HazMat, including Class 3 Flammable Liquids, of ≥1,001 lbs must display HazMat Placards on all four sides of the vehicle.
• The amount of HazMat you describe is not enough to require placards to be displayed on the vehicle (324 lbs + 525 lbs = 849 lbs).  Though the driver may display placards in this instance if he wishes to.  Please read this article:  Driver Option to Display Placards When not Required.
• If displaying placards at the driver’s discretion or if there is enough HazMat to require placarding the vehicle (e.g. 501 lbs of Division 4.1 Flammable Solid and 500 lbs of Class 3 Flammable Liquid) the driver has two options:  1.  Display the distinct placards for the separate HazMat (4.1 Flammable Solid & 3 Flammable Liquid) or; 2.  Display the Dangerous placard alone.  Please read this article:  Use of the Dangerous Placard for Shipments of HazMat.

Also, for general information about acceptable display of placards, please see this article:  What’s Wrong With These Pictures? Incorrect Display of Placards.

Another satisfied HazMat Shipper(April 2, 2015):