PHMSA HazMat Transportation Regulations

Q&A: How much diesel fuel is a reportable quantity (RQ) of a hazardous substance?

Q&A: How much diesel fuel is a reportable quantity (RQ) of a hazardous substance?

Question:

Daniel: I just had a question asked to me about reportable quantities. They asked what the reportable quantity for diesel fuel was as well as gasoline. So I went to the Hazardous Materials Compliance Pocketbook to Table 1 but could not find anything around fuel. They claim its 10 gallons, I looked it up and it was 25gal. according to the internet but that does not help me as far as the HAZMAT/Safety guy around here and you always seem to know that type of stuff. Can you give me an explanation of why it is not in there? It is listed under flammables in the Hazardous Materials Table.

I have to be missing something and really off on the wrong track here so I obviously do not know where to go from here.

Answer:

Please see below.

  • Neither gasoline nor diesel fuel are identified by name in the hazardous substances table (appendix A to 49 CFR 172.101). Therefore, those hazardous materials are not hazardous substances.
  • Note: the Hazardous Materials Compliance Pocketbook is a good source of information, but it is a guidance document made and sold by JJ Keller. It is no substitute for the Hazardous Materials Regulations.
  • Components of both diesel fuel, (e.g., naphthalene) and gasoline (e.g., benzene) are identified by name in the hazardous substances table and may, by themselves or in other solutions, be a hazardous substance.
  • However, the definition of hazardous substance at 49 CFR 171.8 reads:

The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in appendix A to § 172.101 of this subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

  • Both gasoline and diesel fuel are considered to be, “…petroleum, including crude oil or any fraction thereof…” and neither are, “…specifically listed or designated as a hazardous substance…”. Therefore, neither may be a reportable quantity of a hazardous substance regardless of their composition or quantity.
  • Both gasoline and diesel fuel are identified by name in column 2 of the Hazardous Materials Table and will, in most cases, meet the criteria for a Class 3 Flammable (gasoline) or Combustible (diesel fuel) liquid. Therefore, both gasoline and diesel fuel will usually be a hazardous material.

Read: What are Flammable and Combustible Liquids?

  • The term hazardous material is also defined at 49 CFR 171.8. There it indicates the term hazardous material includes a hazardous substance.
  • In sum: neither gasoline nor diesel fuel are a hazardous substance, but both will likely be a hazardous material.
  • I suspect the claims of an RQ or 10 lbs or 25 lbs is based on the threshold reporting quantities of other regulations (those of the Clean Water Act) or other agencies (perhaps state agencies have established threshold quantities that require reporting in the event of a release). Regardless, those other regulations have no impact on the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).

I hope this helps. Please contact me with any other questions.

Q&A: Can I ship r12 refrigerant by air as a Consumer Commodity? Can I use the U.S. Postal Service?

Q&A: Can I ship r12 refrigerant by air as a Consumer Commodity? Can I use the U.S. Postal Service?

SUBJECT LINE: Consumer Commodity how did this change in 2021

DATE: Feb 7, 2021, 2:39 PM

Question:

Authorization for use of ORM-D Classification (Consumer Commodity)

I ship small quantity packages of r12 refrigerant by air starting in about a month it is still a consumer commodity.

Is it still exempted from all the placards and and paper work.

How do I need to mark it.

Consumer Commodity and the UN1028?

Can you explain what I need

I would appreciate it.

My reply the next day:

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

  • The consumer commodity exception is no longer available for use after 12.31.20.

Read: What is the Consumer Commodity Exception?

Read: Authorization for use of ORM-D Classification (Consumer Commodity) Extended to end of 2020!

  • Your HazMat may still be shipped according to an exception from full regulation at 49 CFR 173.306 for limited quantities of compressed gases. This includes the limited quantity exception which is very similar to the consumer commodity exception.
  • The requirements to ship this HazMat as a limited quantity are at 49 CFR 173.306(i).
  • It may be eligible for the exception at 49 CFR 173.306(j) but only if in a receptacle with a capacity of less than 50 mL. Yours has a capacity of 1,183 mL (40 oz).
  • You are correct that – among other exceptions – placards and shipping paper are not required if transportation is by ground within the U.S. subject to the limited quantity exception.
  • It does need to display the limited quantity mark as described at 49 CFR 172.315.

I hope this helps. Please contact me with any other questions.

More questions:

Thanks

Hi do I ship by air I never do over 40oz. A lot of 4-8 Oz. Shipments

Contact me the next time your USDOT, IATA (air), or IMO (vessel) training is due to expire.
My reply:

That may quantity of that HazMat may be transported as a limited quantity by air subject either to USDOT regulations or – more likely – the Dangerous Goods Regulations of the International Air Transport Association.

Even those sizes (4-8 oz) are not eligible for the exception at 49 CFR 173.306(j): 4 oz = 118 mL.

More questions, part 2:

I know I can’t do International only Domestic but I can’t find a clear answer on shipping by air.

Every thing on USPS site really reads very confusing know one seems to know.

I still don’t know. I appreciate you getting back with me.

My clarification (This was my first indication the carrier was the U.S. Postal Service):USPS Mail Truck

Please see below.

  • You can ship international by air.
  • To ship international by air you will have to use a commercial carrier (FedEx or UPS). Not USPS.
  • USPS does allow for transport of HazMat, but not much, and not by air, and their regulations are confusing.

Are you able to use a commercial air carrier?

More questions (and some venting about USPS!):

I will have to ck on other carriers.

I just lower 48 states.

USPS all reads crazy and when you ask them about it they twist it all l don’t know that they even can tell for sure.

Thanks

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/
My shameless plug:

In order to offer for transport with a commercial carrier you must have USDOT HazMat Employee training. I can provide this.

Reply:

Daniel,

I’m going to order some boxes and go back to ground shipping. USPS is confusing on the shipping.

I have the EPA certificate to handle the R12 and have shipped both ground & air with them.

The shipping changes and the way it reads contradicts its self.

At the post office they don’t have a clue.

I know how to ground ship it. So it will work out.

Thanks for getting back with me.

My final reply and summation:

Please see below.

  • Regardless of EPA regulations, it is a hazardous material regulated by USDOT.
  • It must be offered for transportation per USDOT regulations.
  • This requires USDOT HazMat Employee training.
  • I can provide this training or there are many other sources.

Please contact me with any other questions.

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Conclusion:

As this person learned, USPS does allow for the transport of some HazMat, but I have found there is often a disconnect between the published regulations and what the Postal Worker at your local branch tells you. My advice for any business is to use a commercial carrier for transport of HazMat or dangerous goods. And, of course, contact me to get the training you need to ship hazardous materials or dangerous goods safely.

Q&A: Is my plastic packaging OK for HazMat transport after five years?

Q&A: Is my plastic packaging OK for HazMat transport after five years?

A question 02.23.21:

Good morning,

I am the supervisor of the transportation of my organization. We are a small operation and have 2 plastic 5 gallon pails (1H2), that we utilize only for ground transport on our own vehicle (own driver) to move small quantities of samples from our lab to another off-site lab (about 3 miles away). We use these very infrequently if sample size exceeds excepted quantity amounts.

The pails were manufactured in 2011 and I have the UN Certification testing documentation and closure instructions.

My question is whether this packaging is now considered expired? And if not expired, am I required to have updated UN testing documentation (as it has been renewed) for these pails?

I saw a response you had published on an article on-line regarding plastic pails (relevant text is below) and you referred to these two letters of interpretation. I found LOI 99-0246 on-line, but have not found LOI 97-0002. Do you have a copy of LOI 97-0002 for my files?

“Though a clear citation in the HMR is lacking, the following letters of interpretation clarify the DOT’s position on limits on the term of use for a packaging:

· “Non-bulk specification packagings do not ‘expire’” [LOI 99-0246]

· “A shipper may purchase a UN packaging, store it indefinitely and then use it without any testing requirements” [LOI 97-0002]”

Thanks for your help,

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/
My reply the next day (02.24.21):

Thank you for contacting me. Please see below.

  • Short answer: No. The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the USDOT (USDOT/PHMSA) do not have an expiration date for an unused UN standard packaging.
  • However, the international regulations of the International Air Transport Association (IATA) and the International Maritime Organization (IMO) limit the use of a plastic drum or jerrican as a single packaging to five (5) years from the month and year marked on the packaging.
  • Also, the HMR limits the reuse of a plastic packaging to no more than five (5) years if it is intended to contain free liquids and it has not been leakproofness tested.

Read: The Reuse of Hazardous Materials Packaging

  • I believe the activity you describe (transporting small amounts of HazMat by highway as a private carrier) is eligible for the Materials of Trade exception.
  • Under this exception a UN standard packaging is not required and this entire correspondence is moot.
  • Links as old as 97-0002 (from 1997!) are only available through USDOT/PHMSA’s oCFR Tool. However, I have downloaded it and have it available here: LOI 97-0002.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

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

Conclusion:

That did it! The expiration date for certain plastic packagings is one of the significant differences between domestic regulations in the U.S. and the international regulations. Make sure you have identified the regulations applicable to your HazMat transportation and know what is required for compliance.

FAQ: What – or who – is a person (according to the USDOT/PHMSA)?

In its Hazardous Materials Regulations (HMR), the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) frequently uses the word “person”. e.g., “person who offers or offeror” or “each person who imports…” But don’t think how you understand the word is how USDOT/PHMSA defines and regulates it. (more…)

Importing Hazardous Materials Into the U.S.

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) apply to all transport of hazardous materials (HazMat) to, from, or through the U.S. The import of HazMat into the U.S. requires compliance with international regulations during the period it is not within U.S. territory. The HMR at 49 CFR 171.22 authorizes the use of international standards and regulations for the transportation of HazMat (known as dangerous goods in the international regulations) in the U.S. with certain conditions.

§171.22(f) specifies the information and certification required for a HazMat to be imported into the U.S.

The purpose of this article is to explain the requirements of §171.22(f)(1): The importer of a hazardous material into the U.S. must provide timely and complete written information to the shipper and the forwarding agent. (more…)

Q&A: What USDOT regulations apply to large containers of alcohol wipes?

A question November 17, 2020:

Hi Daniel,

I came across your site via this page: The Classification of Alcohol Wipes

Very interesting, and complex stuff, I really thought your analysis was great and very informative.

Can I ask you, how would you classify large-format buckets of alcohol wipes? I am starting a new venture to export buckets of 1000 alcohol wipes to the USA and I would be interested to have your opinion on this – in each bucket we are putting about 1500 mL of solution in to saturate the wipes, which are then heat-sealed in a bag, and then sealed in a bucket. The solution is 75% alcohol in water.

Many thanks,

My reply:

Thank you for contacting me. Please see below.

  • If the alcohol wipes are not subject to the exception I refer to in my article, then they are subject to full regulation as a hazardous material (HazMat).
  • What you describe would likely be classified as: UN3175, Solids containing flammable liquid, n.o.s., 4.1, PG II
  • If to be imported to the U.S. it’s transportation will also likely be subject to international regulations for its transport by air and/or vessel. Under those regulations as well it will likely be a fully-regulated HazMat.

I hope this helps. Please contact me with any other questions.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
Conclusion:

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) exist in order to ensure the safe transportation of HazMat to, from, or through the U.S. In some situations safety can be maintained even though an exception to the HMR is available, e.g., the exception for small packets of alcohol wipes. But if safety can’t be ensured, such as when large quantities of Class 3 Flammable Liquids are present, then the full regulation of the HMR must remain in place.

Quick Take: USDOT/PHMSA Releases DOT Chart 17 July 08, 2021. Replaces DOT Chart 16.

Quick Take: USDOT/PHMSA Releases DOT Chart 17 July 08, 2021. Replaces DOT Chart 16.

USDOT/PHMSA (the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation) released the DOT Chart 17 – Hazardous Materials Markings, Labeling and Placarding Guide on July 08, 2021.

It replaces the DOT Chart 16 issued in August of 2017.

The purpose of the DOT Chart 17 is to assist shippers, carriers, and other stakeholders to quickly access information regarding hazardous materials markings, labels and placards.

Changes from the DOT Chart 16 to DOT Chart 17 are:
  • A new color scheme.
  • Hazardous Materials Markings:
    • Identification number display per 49 CFR 172.332 now includes the option of the white square-on-point configuration.
    • Removal of the Lithium Battery Handling Label. Transition to the Lithium Battery Handling Mark completed January 01, 2019 per §173.185.

Read: Lithium Battery Handling Label v. Lithium Battery Handling Mark

    • Removal of the ORM-D Consumer Commodity mark. Removal of the consumer commodity exception and required mark complete on January 01, 2021 per §172.316.
    • Inclusion of the Biohazard mark per §172.323.
    • Inclusion of the mark for petroleum sour crude oil in a bulk packaging per §172.327.

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  • Hazardous Materials Warning Labels:
    • Removal of “NEW” indicator for Class 9 Lithium Battery label. Its use for applicable packages of lithium batteries has been mandatory since January 01, 2019.
    • Removal of the optional display of the Class 9 Miscellaneous label. As of 01.20.21 there is only one option for display of the Class 9 Miscellaneous label.

Read: USDOT/PHMSA Revision to the Class 9 Label

  • Hazardous Materials Warning Placards: No changes.
  • General Guidelines on use of Warning Labels and Placards
    • Identification number display per §172.332 now includes the option of the white square-on-point configuration.

The DOT Chart 16 (now 17!) is a great tool to use in HazMat Employee Training and as a visual reminder of compliance once training is complete.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Quick Take: USDOT/PHMSA Revision to Class 9 Miscellaneous Label

The Bullet:

Effective January 20, 2021 there are no longer two options for display of the Class 9 Miscellaneous label. As of o1.20.21, the only acceptable Class 9 label design is that without the horizontal line running across the label at its midpoint.

More information:

This change is to the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA). The final rule was published in the Federal Register at 85 FR 83381, Dec. 21, 2020.

In a final rule published July 20, 2011, HM-218F [76 FR 43510], USDOT/PHMSA revised the Class 9 label design mandated in 49 CFR 172.446(a) by removing the horizontal line running across the label at its midpoint. This line had been previously required to harmonize with international standards and avoid delays or frustration of shipments. This new labeling requirement was to go into effect on August 19, 2011; however, to deplete existing stocks of labels with this horizontal line, USDOT/PHMSA provided at §172.446(c) that labels meeting the requirements in effect before August 19, 2011 could continue to be used until October 1, 2014. That transition period has since expired.

Furthermore, in §172.446(b), USDOT/PHMSA provided the option of using a solid horizontal line dividing the lower and upper half of the label consistent with the transition period specified in §172.446(c). However, with the expiration of the transition period, the solid line is no longer optional or allowed. Therefore, USDOT/PHMSA deleted the last sentence in §172.446(b), which indicated the solid line was optional.

This revision harmonizes the HMR with the international regulations (indicated below) that already mandated the display of the Class 9 label without the horizontal line across the midpoint.

  • Dangerous Goods Regulations of the International Air Transport Association (IATA) at 7.3.18.1.
  • The Dangerous Goods Code of the International Maritime Organization (IMO) at 5.2.2.2.2.

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/
Conclusion:

If you have any Class 9 Miscellaneous labels that have the horizontal line across the midpoint, throw them away. As of January 20, 2021 they are no longer allowed under any circumstances to be used as hazard communication for a hazardous material or dangerous good in transportation.

Q&A: Can I combine two or more HazMat in the same packaging?

Question – September 27, 2020

Subject: Mixed hazmat in same packaging

What are the rules for shipping compatible hazardous materials having different hazard classes packed within the same packaging?
What are the quantity limits per package?

I do not find a regulatory reference in 49 CFR for shipping mixed hazmat in the same package. Does such a rule exist?

Thanks!

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
My reply (10.06.20):

Thank you for contacting me. I apologize for my delay. Please see below.

This reply is based on the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).

  • The HMR allows for mixed contents of hazardous materials (HazMat) in a packaging.
  • 49 CFR 173.24(e)(4) indicates the requirements for compatibility of mixed contents of hazardous materials (HazMat) in a packaging. In summary, it forbids HazMat to be packed or mixed together in the same outer packaging (HazMat or non-HazMat) if the materials are capable of reacting dangerously.
  • §173.24a(c) specifies the requirements for the inner and outer packagings when a non-bulk packaging contains mixed contents of HazMat.
  • Per package quantity limits only apply if transport is by air. The per package quantity limits by air are indicated in column 9A & 9B of the Hazardous Materials Table. Usually transport by air is done subject to the Dangerous Goods Regulations of the International Air Transport Association (IATA). If so, the IATA Dangerous Goods Regulations differ from the USDOT/PHMSA HMR.

Read: Calculating the “Q” Value for Different Dangerous Goods in a Single Outer Packaging (All Packed in One) for Transport by Air

  • §172.404(a) requires a package containing compatible hazardous materials having different hazard classes to display the HazMat label for each HazMat in the package.
  • A letter of interpretation LOI 09-0307 mandates the following:
    • The package marks for each HazMat in the package must be displayed.
    • Each HazMat in the package must be described separately on the shipping paper.
  • Drums of Hazardous Waste§173.12(b) provides an exception whereby a generic description from the Hazardous Materials Table may be used in place of specific chemical names, when two or more chemically compatible waste materials in the same hazard class are packaged in the same outside packaging. This exception however only applies to lab packs of hazardous waste.

I hope this helps. Please contact me with any other questions.

Q&A: Who is responsible for removing the placards from a freight container once transport of HazMat is complete?

Q&A: Who is responsible for removing the placards from a freight container once transport of HazMat is complete?

It all began with a telephone call on November 18, 2020:

We receive hazardous materials delivered to our facility in a freight container. The freight container displays the required placards. The carrier deposits the freight container at our facility and departs. We unload the HazMat from the freight container over the next few hours. When making the next delivery the carrier retrieves the now empty freight container and take it I know not where.

cargo transport unit

A freight container

It is been an ongoing argument with the carrier as to who is responsible for removing the placards from the empty freight container. They are displayed so high on the freight container that any effort by us to remove or deface them requires use of a ladder and safety issues we don’t wish to deal with. The driver refuses to remove the placards. The carrier will not pick up the empty freight container unless all of the placards are removed or covered up.

What are our options? Can the empty freight container be transported with the placards displayed? Are we responsible for removal of the placards? Or, is it the responsibility of the driver / carrier?

Please help us resolve this issue!

My reply:

Thank you for contacting me. Please see below for guidance:

  • Unfortunately, there are no clear directions in the hazardous Materials Regulations (HMR) to indicate who is responsible for the removal of hazard communication (e.g., placards, marks, labels) from any HazMat packaging or the freight container. However, 49 CFR 171.2 requires all forms of hazard communication to be removed from a package or vehicle if the HazMat is no longer present. Thus, all placards must be removed prior to transportation of the empty freight container. (LOI 03-0251)
  • Most responsibilities for the preparation of a HazMat and its packaging for transportation fall on the shipper (aka; the person who offers or the offeror of the HazMat). In this situation the empty freight container is being re-offered for transportation. It is the person who re-offers it for transportation that must ensure any existing placards not applicable to the current load are removed. (LOI 05-0050)

So…

  • The placards must be removed prior to transportation of the empty freight container.
  • This must be done by the person who re-offers the freight container for transport (i.e., the shipper).

Answer: It depends. Whoever arranges for the transport of the freight container once empty is the shipper and is therefore responsible for removal of the placards unless they have an agreement with someone else, e.g., the carrier or some other third party, who will perform all the responsibilities of the shipper or just that specific function.

It is not a clear-cut answer, but I think it is all we will get.

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Conclusion:

Unfortunately, the requirements, responsibilities, and directives of the HMR are not always clear. In this situation, it hinges on one question: “Who is the shipper?” If you are the shipper of a HazMat, the carrier, or simply receive HazMat, you are subject to the regulations of the USDOT/PHMSA and require some form of HazMat Employee training.