49 CFR 173.12 contains many exceptions to full regulation for shipments of hazardous waste in a lab pack.  In an earlier blog post I discussed the exception in 173.12(d)that removes the need to include the technical name of a hazardous material when shipping lab packs of hazardous waste with a generic shipping name such as:  Waste Flammable Liquid, n.o.s.  This article will focus on the relief from the requirements to segregate HazMat -including hazardous waste – in transportation, found in 173.12(e).

If the requirements of this section are met – more on that below – then lab packs of hazardous waste are not subject to the segregation requirements of…

• 49 CFR 174.81(d) for shipments by rail,
• 49 CFR 176.83(b) for shipments by vessel, or;
• 49 CFR 177.848(d) for shipments by highway,

The purpose of the segregation restrictions is to prevent the transportation, or storage in transportation, of hazardous materials that may be incompatible and thus pose an unreasonable risk to life, property, or the environment.  However, PHMSA has determined that if packaged properly, the small volumes of hazardous waste in a lab pack can be transported safely without these restrictions.

Note that this exception to the segregation requirements does not apply to shipments by air.  In that case, the requirements of the International Air Transport Association (IATA) must be complied with in addition to and separate from the regulations of the PHMSA/US DOT.

To be subject to the exception, the hazardous waste must be packaged as a lab pack.  The PHMSA doesn’t define a lab pack, instead it refers you to the Appendix C Glossary of the RCRA Compliance Manual 2011 which defines a lab pack as “Drums filled with many small containers packed in non-biodegradable absorbent materials.”   This type of packaging is most commonly used when a hazardous waste generator – not necessarily a “lab” – has many small containers of hazardous waste for disposal.

To use the exception, the lab pack must meet the requirements of 49 CFR 173.12(b) which first specifically identifies the hazardous wastes that may not take advantage of this exception or any other found in this section, they are:

1. A material poisonous-by-inhalation
2. A Division 6.1, Packing Group I material
3. Chloric Acid
4. Oleum (fuming sulfuric acid)

173.12(b) goes on to identify the Class and Division of lab packed hazardous waste that are authorized to use this exception as long as they are packaged in combination packagings as required by this section (see below) and are shipped for disposal by highway, rail, or cargo vessel; they are:

• Class 3 Flammable or Combustible Liquid
• Division 4.1 Flammable Solid
• Division 4.2 Spontaneously Combustible
• Division 4.3 Dangerous When Wet
• Division 5.1 Oxidizer
• Division 5.2 Organic Peroxide
• Division 6.1 Poison
• Class 8 Corrosive
• Class 9 Miscellaneous

What are the combination packaging requirements of this section that must be used if the hazardous waste lab packs are to utilize the exception?  Well, briefly…

The inner packaging must either be glass of ≤4 L (1 gal) rated capacity or metal or plastic of ≤20 L (5.3 gal) rated capacity.  Inner packagings of liquids must be surrounded by a chemically compatible absorbent material sufficient to absorb the liquid contents.

The outer packaging may contain only one Class of waste material, may not contain incompatibles (ie. acid and base, some organic and inorganic, etc.), and it must be a type of packaging listed in 49 CFR 173.12(b)(2)(ii).  Note that the US EPA land disposal restrictions at 40 CFR 268.42(c) limit the packaging/container you may use if the entire lab pack is going straight to landfill or incineration.  By and large a open-top steel drum of at least packing group III condition will be OK.  Also The gross weight of the combined packaging (inner & outer packaging, absorbents and contents) may not exceed 205 KG (452 lb).

So, before you prepare a lab pack of hazardous waste for off-site shipment, ask yourself, “Is it…

• not a prohibited material?
• an authorized Class or Division?
• to be shipped by highway, rail, or cargo vessel?
• packaged in compliance with combination packaging requirements of 49 CFR 173.12(b)(2)(ii)?

If you answered ‘yes’ to all of the above, then lab pack shipments of the hazardous waste are not subject to the transportation segregation restrictions if they also are blocked and braced so that they are separated from incompatible materials by at least 4 feet horizontally and maintained at least 4 inches off the floor of the vehicle.

I suggest you read 173.12(e) as necessary for a full description of additional requirements for shipments of the following incompatible materials.

1. The vehicle may not contain Class 1 explosives, Class 7 radioactive, or uncontainerized hazardous waste.
2. Waste cyanides and waste acids must be packaged as specified in 173.12(e)(2).
3. Waste Division 4.2 Spontaneously Combustible and Class 8 Corrosive Liquids must be packaged as specified in 173.12(e)(3).
4. Waste Division 6.1, PG I, Hazard Zone A Poison Inhalation Hazards and Class 3, Class 8 liquids, or Division 4.1, 4.2, 4.3, 5.1, and 5.2 materials must be packaged as specified in 173.12(3)(4).

Sometimes when shipping hazardous materials the proper shipping name does not adequately describe the contents of the shipment.  An example of this, found in the Hazardous Materials Table (HMT) at 49 CFR 172.101 is the proper shipping name of:  Flammable Liquids, n.o.s. This entry and others like it contain the letter ‘G’ in column 1 of the HMT.  The ‘G’ stands for generic and indicates that one or more technical names must be included with the proper shipping name on the shipping paper and on the package.

An earlier article I wrote addressed the requirement to use the technical name when shipping HazMat, you may read it here.  In this article I will address one of the exceptions for the shipment of hazardous waste in lab packs found in49 CFR 173.12.  The exception provides relief from the requirement to use technical names when shipping lab packs of hazardous waste.

The PHMSA doesn’t define a lab pack, instead it refers you to the Appendix C Glossary of the RCRA Compliance Manual 2011 which defines a lab pack as “Drums filled with many small containers packed in non-biodegradable absorbent materials.”   This type of packaging is most commonly used when a hazardous waste generator – not necessarily a “lab” – has many small containers of hazardous waste for disposal.

49 CFR 173.12(b) first specifically identifies the hazardous wastes that may not take advantage of this exception or any other found in this section, they are:

1. A material poisonous-by-inhalation
2. A Division 6.1, Packing Group I material
3. Chloric Acid
4. Oleum (fuming sulfuric acid)

It goes on to identify the Class and Division of lab packed hazardous waste that are excepted as long as they are packaged in combination packagings as required by this section (see below) and are shipped for disposal by highway, rail, or cargo vessel, they are:

• Class 3 Flammable or Combustible Liquid
• Division 4.1 Flammable Solid
• Division 4.2 Spontaneously Combustible
• Division 4.3 Dangerous When Wet
• Division 5.1 Oxidizer
• Division 5.2 Organic Peroxide
• Division 6.1 Poison
• Class 8 Corrosive
• Class 9 Miscellaneous

What are the combination packaging requirements of this section that must be used if the hazardous waste lab packs are to utilize the exception?  Well, briefly…

The inner packaging must either be glass of ≤4 L (1 gal) rated capacity or metal or plastic of ≤20 L (5.3 gal) rated capacity.  Inner packagings of liquids must be surrounded by a chemically compatible absorbent material sufficient to absorb the liquid contents.

The outer packaging may contain only one Class of waste material, may not contain incompatibles (ie. acid and base, some organic and inorganic, etc.), and it must be a type of packaging listed in 49 CFR 173.12(b)(2)(ii).  Note that the US EPA land disposal restrictions at 40 CFR 268.42(c) limit the packaging/container you may use if the entire lab pack is going straight to landfill or incineration.  Also The gross weight of the combined packaging (inner & outer packaging, absorbents and contents) may not exceed 205 KG (452 lb).

So, before you prepare a lab pack of hazardous waste for off-site shipment, ask yourself, “Is it…

• not a prohibited material?
• an authorized Class or Division?
• to be shipped by highway, rail, or cargo vessel?
• packaged in compliance with combination packaging requirements of 49 CFR 173.12(b)(2)(ii)?

If you answered yes to all of the above, then you may take advantage of the following exceptions:

1. 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 means that a combination packaging containing several containers of sulfuric, nitric, and hydrochloric acid can utilize the proper shipping name of:  Waste Corrosive Liquids, n.o.s.  Read here for an explanation of when to use the word “waste” with a proper shipping name.
2. You need not include the technical name(s) on the shipping paper or on the package even if there is a ‘G’ in column 1 of the HMT for that proper shipping name.

But, as Columbo used to say, “Just one more thing…”  If the hazardous waste is also a hazardous substance(defined at 49 CFR 171.8), then it must be described as required in 49 CFR 172.203(c).  Which means you need to make sure the name of the hazardous substance and the letters ‘RQ’ are included with the proper shipping name on the shipping paper and the package.

To learn more about shipping hazardous waste, hazardous substances, hazardous materials, and all the requirements of a HazMat Employee, attend one of my training events.  My training also covers the US EPA training requirements for generators of hazardous waste.  You can complete both of these training requirements in one day.

Contact me to schedule on-site training!

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A Special Permit is a document which authorizes a person to perform a function that is not currently authorized by the Hazardous Material Regulations (HMR).  They are allowed when a person can demonstrate that the function can be performed safely or is otherwise necessary, such as in the event of an emergency.  Much more about Special Permits, Exemptions, Approvals, and Regulatory Exceptions may be learned by reading an earlierarticle of mine on the subject.  The purpose of this article is to report the status of several Special Permits and what must be done if a person wishes to continue to use them.

DOT-SP 11248

This Special Permit authorizes the manufacture, marking, sale and use of a specially designed combination packaging system manufactured by HAZMATPAC, Inc. of Houston, TX.  A HazMat shipper or carrier does not need a written approval from the PHMSA in order for them to take advantage of its conditions.  A portion of the Special Permit was incorporated into 49 CFR 173.13(c)(1)(ii) (effective 10.1.10, HM233A) to allow for an alternative packaging configuration.  This incorporation into the regulations means that the alternative packaging method is now included specifically in 49 CFR 173.13 for all regulated shippers and carriers whereas before its use was limited solely to the Special Permit.  The Special Permit has an expiration date of 12.31.14 and must be renewed by HAZMATPAC or some other packaging manufacturer in order to continue its use.

DOT-SP 13192

This Special Permit authorizes the transportation by highway of certain cyanide mixtures capable of liberating hydrogen cyanide (HCN), with acids if both hazardous materials are packaged as lab packs or non-bulk packages.  Without this Special Permit, acids and cyanide mixtures capable of liberating HCN are prohibited from being transported in the same vehicle pursuant to 49 CFR 177.848(c).  The use of this Special Permit by a carrier or shipper requires written approval from the PHMSA.  However, effective 10.1.10 in HM233A, the segregation requirements of 49 CFR parts 174 (Carriage by Rail), 175 (Carriage by Vessel), and 177 (Carriage by Public Highway) were amended to allow for the transportation of lab pack quantities of Division 4.2 PG I, Division 5.2, and Division 6.1 PG I (Hazard Zone A) with other waste materials if specific packaging requirements are met.  This incorporates some of DOT-SP 13192 into the regulations, but not all.  A HazMat shipper or carrier must determine if they can now use the regulatory exception or if they must obtain approval from PHMSA to use the Special Permit.

DOT-SP 11624

This Special Permit allows for the transportation of certain hazard class 3 (flammable) waste paints and paint related materials in metal or plastic pails and then packaged in cubic yard boxes, dump trailers and roll-off containers.  This Special Permit is currently effective and none of its conditions have been incorporated into the Hazardous Materials Regulations (HMR) as an exception.  Therefore, a shipper or carrier of HazMat must have written approval from the PHMSA before it may avail itself of the conditions of this Special Permit.

DOT-SP 10949

This Special Permit authorizes the transportation by highway of lab pack quantities of cyanides with non-lab packed acids of ≤55 gallons per package.  This Special Permit is currently effective and none of its conditions have been incorporated into the Hazardous Materials Regulations (HMR) as an exception.  Therefore, a shipper or carrier of HazMat must have written approval from the PHMSA before it may avail itself of the conditions of this Special Permit.

Sometimes the PHMSA incorporates an entire Special Permit into the regulations as an exception if they feel confident the safety of HazMat Employees, emergency responders, and the general public is ensured.  Other times, as is the case with DOT-SP 11248 & DOT-SP 13192, only a portion of the Special Permit is incorporated into the regulations.  This leaves the shipper or carrier to determine if they must obtain written approval to use the Special Permit or if they can rely on the regulatory exception in the HMR.  Additional information about Special Permits can be found on the PHMSA website.  There you can perform a search of available Special Permits and who has received permission to use them.

You can learn more about the PHMSA HazMat regulations and how they apply to you at the ‘FAQs’ or ‘Articles’ pages of my website.  Or, you can register for one of my open enrollment training events where I fulfill the training requirements of the PHMSA at 49 CFR 172, Subpart H and the US EPA at 40 CFR 265.16.

“In this world nothing can be said to be certain, except death and taxes.” – Benjamin Franklin, 1817.

One benefit of those taxes is the resources provided to you free of charge from government agencies.  One of those agencies, the PHMSA within the US DOT, makes available a wealth of resources on its website meant to assist HazMat Employers to identify and meet their requirements under the Hazardous Material Regulations (HMR).

One of those free resources I wish to share with you is the glossy brochure Does Your HazMat Training Measure Up? You may place a bulk order of these and have them delivered to your door or you can download and print a copy for yourself from the PHMSA website.  I suggest you have a copy of the brochure at hand as I summarize its contents below.

HazMat Employee Training Requirements:

• The source of the HMR is the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) which requires the training of ALL HazMat Employees.
• HazMat Employer requirements to train and test its HazMat Employees.
• The elements that must be included in HazMat training.
• Training frequency – every three years.
• Documentation of training.  This must be done exactly as the PHMSA requires.

Key Definitions:

I couldn’t say it better myself, so I won’t.  Read the brochure to confirm the following:

• Training
• HazMat Employer
• HazMat Employee

Frequently Asked Questions:

A few key FAQ’s…

• Who can conduct HazMat Employee training?
• What are the requirements for the test?
• Does an office secretary who completes a shipping paper (includes a hazardous waste manifest) require training?
• And many more…

Some Very Good Reasons to Ensure Your Training “Measures Up”:

• “Most transportation incidents involving hazardous materials are the result of human error.”
• Heightens Employee Safety
• Precludes Penalties
• Increase Productivity
• More…

Where You Can Get More Information:

Contact information for the PHMSA and its HazMat Info-Line

Additional Training Sources:

There is more available from the PHMSA; some for free and others at a reasonable charge.

You may decide that with these resources you can provide the training for your HazMat Employees.  Or, you may feel overwhelmed and determine that you should hire someone *ahem* to provide the training, testing, and record documentation for you.  HazMat Employee training that “Measures Up” is part of what I do.  I also provide the training required by the US EPA for generators of hazardous waste, read more about that training here.

I can provide this very important training in any format or location to suit your needs:

• On-site training tailored specifically to your facility’s needs.  Contact me to schedule on-site training for only $1,749!
• Open enrollment training which provides an in-depth overview of all of the regulations in one day.  Review my open enrollment training schedule and register now!
• Keynote speaker or provide an educational session at your organization’s meeting or annual expo free of charge.  Contact me to discuss this further.

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Batteries are one of those items that we are so used to seeing in our home life, that we sometimes forget that these can be generated as a waste at our place of work.  In the course of a day you may unknowingly come into contact with many different types of batteries in a variety of applications:

• Rechargeable lithium batteries in your laptop or cellphone.
• Dry cell lead acid batteries as back-up electricity sources for emergency signs and lighting.
• Liquid-filled lead acid batteries in your car or your company’s fork-truck.
• Disposable dry-cell alkaline batteries in your flashlight.

My goal for this article is to provide guidance on the US EPA and US DOT requirements for dry-cell alkaline batteries, but I will briefly address the regulatory requirements for other batteries as well.

When spent, you’re responsible to determine if your batteries are a  hazardous or non-hazardous waste.  In other words:  make a hazardous waste determination for your batteries per the US EPA hazardous waste regulations of40 CFR 262.11.  This is something you must do on a case-by-case basis, but you can presume the following:

Hazardous waste:

• Lead acid (liquid or dry) – D008 for lead.
• Nickel/cadmium (or NiCad) – D006 for cadmium.
• Lithium – D003 for reactivity.
• Silver ion – D011 for silver.

Non-hazardous waste:

• Dry cell alkaline batteries (D, C, AA, AAA, 6 volt, & 9 volt).

If your spent batteries are a hazardous waste you have three options for on-site handling and off-site disposal:

• Hazardous waste
• Universal waste
• For lead acid batteries to be reclaimed only – 40 CFR 266.80

But I said this article would be about dry-cell alkaline batteries so let’s get back to them.  Your options for disposal of these batteries as a non-hazardous, solid waste are:

Throw in trash: if non-hazardous and not generated as a by-product of an industrial process, you may be able to dispose of alkaline batteries in the trash the same as you do the trash from your front office, break rooms and other non-production areas.  I don’t recommend this, and your state, municipality or county, and the landfill operator may not like it either.  I suggest you speak with all of them before you choose this option.

Handle as universal waste:  this is OK, but technically incorrect since the regulations at 40 CFR 273.2(b)(3) limits the universal waste option only to batteries that are a hazardous waste.  Alkaline batteries do not meet the US EPA definition of a D002 corrosive waste since they are solid.  Your state may differ from the US EPA in the definition of a corrosive hazardous waste and in that case, an alkaline battery might be a hazardous waste and therefore eligible for handling as a universal waste.  I have not heard of the US EPA or any authorized state environmental agency complaining if alkaline batteries are disposed of as universal waste.

Other off-site recycling:  if the universal waste option does not work, then I suggest you find a company able to recycle your batteries.  There are many companies out there and they provide accumulation containers and shipping instructions as well.

This brings us to the final hurdle and that is the US DOT requirements for off-site shipments of alkaline batteries.  As recently as 2008 the PHMSA within the US DOT indicated that alkaline batteries (AA, D, and C cell) though not subject to the Hazardous Materials Regulations for transportation were required to be, “securely packaged and offered for transportation in a manner that prevents the dangerous evolution of heat (for example, by effective insulation of exposed terminals)” (49 CFR 172.102, special provision 130).  This meant (note past tense) that the terminals of alkaline batteries had to be covered with non-conductive tape or each battery individually bagged.

But hold on, in separate tests in the summer of 2009 petitioners to the US DOT proved that even in the most extreme circumstances, the batteries in question could not generate enough heat to be a hazard in transportation.  US DOT agreed and indicated that no alkaline batteries of 9 volt or lower – which includes (AA, AAA, C, D, 6-volt, & 9-volt) arenot subject to the hazardous material regulations.  I could not find the petitions and DOT response on-line, but these two agency interpretations refer to the original documents and confirm the US DOT’s position (09-0150R &09-0090R).

The hazardous batteries are, of course, subject to the HMR and some such as lithium batteries have very restrictive regulations for transportation.  You will have to research this further or wait for me to write an article on them too.

Alkaline batteries are not a hazardous waste per the regulations of the US EPA and they’re not a hazardous material (HazMat) per the regulations of the US DOT.  You could throw them in the trash if you want and no one could stop you, but I strongly suggest you don’t.  Find a reputable recycler, arrange for on-site collection of your batteries, and educate your employees to ensure their proper accumulation, transportation, and disposal.

Contact me to schedule on-site training for only $1,749!

Review my open enrollment training schedule and register now!

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From the start I thought it a good idea for my training seminars to combine the requirements of the US DOT for HazMat Employees and the US EPA for facility personnel of hazardous waste generators into one day.  A generator of hazardous waste and a shipper of hazardous materials both engage in many activities regulated by the US EPA and the US DOT respectively.  Many of these activities are regulated solely by one Agency or the other, but some – such as the off-site shipment of hazardous waste – are regulated by both.  A critical step in the transportation of hazardous waste – and one regulated by both the US EPA and the US DOT – is the completion of the Uniform Hazardous Waste Manifest (manifest).  Anyone who has seen a manifest knows it includes a section for the “Generator’s/Offeror’s Certification” where the generator of the hazardous waste or their designee must sign.  A question then:  Does a person who signs a manifest require training as facility personnel of a hazardous waste generator?  As a shipper of hazardous materials?  Both? The answer:  Likely both (RO14687).

The training requirements for hazardous waste generators depends on your generator status (how much hazardous waste you generate) and not on specific activities like whether or not you ship hazardous waste off-site or sign a manifest.  However, if you are required to use a manifest for off-site shipments of hazardous waste it is likely that you are required to have some form of hazardous waste training.  If you don’t know already, take this survey to determine your hazardous waste generator status.  With your status known you can review the applicable regulations pertaining to training:

• Large Quantity Generator (LQG) – 40 CFR 262.34(a)(4) & 40 CFR 265.16
• Small Quantity Generator (SQG) – 40 CFR 262.34(d)(5)(iii)
• Conditionally Exempt Small Quantity Generator (CESQG) – 40 CFR  261.5

An LQG must annually train its facility personnel who handle hazardous waste or respond to hazardous waste emergencies.  This training must teach employees to perform their duties in compliance with the applicable regulations and how to respond to an emergency.  An SQG does not have a formal training requirement, but it must, “ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.” While not required by regulation, it is understood that training will play some role in meeting this requirement for an SQG.  A CESQG has no training requirement – and indeed – very little regulatory compliance at all to be concerned with, including the manifest which a CESQG need not use.  You may read more about the hazardous waste generator training requirements here.

The training requirements of the US DOT are not tiered as they are for hazardous waste generators under US EPA.  Nor is the need for training based on a threshold amount of material processed/generated.  Instead the need for training is determined by whether or not the activities engaged in meet the definition of a HazMat Employee which then require training.  A person who signs a manifest, and anyone else involved in the off-site shipment of hazardous waste, is a HazMat Employee as defined by US DOT. Pursuant to 49 CFR 172, Subpart H, a HazMat Employee must be trained and tested triennially on the following:

• General Awareness/Familiarization
• Function Specific
• Emergency Response/Safety
• Security General Awareness
• In-Depth Security (if applicable)

Read this article for more information about the HazMat Employee training requirements.

The Uniform Hazardous Waste Manifest is a document created to meet the regulatory requirements of both the US EPA (and authorized state hazardous waste programs) and the US DOT.  As such any person involved with the completion, review, or signing of the manifest is subject to the training requirements of both the US EPA and the US DOT.  Any person involved with the off-site shipment of hazardous waste requires the training as well.  It has been my experience that even if not required by regulation, every manufacturer benefits from high quality training on the proper identification, handling, and disposal of hazardous waste and hazardous materials.

Contact me to schedule your training.

Or, register now for one of my

HazMat Employee and RCRA Training Seminars near you

The placarding requirements for the transportation of hazardous materials can be very confusing.  Even during my years of driving a truck for Laidlaw Environmental Services I was often in doubt about placarding requirements.  I am frequently asked specific questions about placarding requirements where I must refer to 49 CFR 172, Subpart F for guidance.  Additional questions arise when one must determine the placarding requirement for bulk packagings instead of transportation vehicles.  49 CFR 172.514 is the section of the regulations that deals specifically with the placarding requirements of bulk packages and is the subject of this article.

Right at the beginning – 49 CFR 172.514(a) to be exact – the regulations make clear that it is the responsibility of the shipper and not the carrier to affix (eg. stick, attach, or fasten) the required placards to a bulk packaging.  This differs slightly from the placarding requirements for shipments of HazMat by highway found in 49 CFR 172.506 which require the shipper to provide the required placards to the driver of a motor vehicle (ie, carrier), but not to affix them.  More about the requirement of shippers to offer placards to a driver can be found here.

Unless an exception for your HazMat packaging is identified in the regulations (see below), it must be placarded on each side and each end – all four sides.  If an exception exists for your bulk package you may use one of the following two options:

1. Affix the applicable placards on two opposing sides only.
2. Affix a HazMat Label on two opposite sides only per 49 CFR 172, Subpart E – specifically 49 CFR 172.406(e).

The excepted bulk packagings are as follows:

• A portable tank with a capacity of <1,000 gallons.
• A DOT 106 or 110 multi-unit tank car tank (railroad tank car designed to specifications).
• Another bulk packaging – such as a bulk bag or box – with a capacity <640 cubic feet.  This does not include a portable tank, cargo tank, or tank car.
• An Intermediate Bulk Container or IBC as defined at 49 CFR 171.8.  Read:  HazMat Labels, Markings, and Placards on an Intermediate Bulk Container
• A Large Packaging as defined in 49 CFR 171.8.

If a bulk packaging is not excepted and placarding is required, then the placards must remain even when it is empty unless it –

• Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard.
• Is refilled with a different hazardous material to such an extent that the remaining residue is no longer hazardous.
• It contains the residue of a Class 9 hazardous substance below the reportable quantity and any markings, labels, or placards indicating it is hazardous are removed, obliterated, or securely covered in transportation [49 CFR 173.29(b)(1)].

You may read more here about the requirements for shipping empty packages of hazardous materials.  You may also wish to learn much more about the Hazardous Material Regulations (HMR) of the US DOT and how they apply to you as a shipper of hazardous materials.  While you’re at it you may also wish to learn more about your regulatory requirements under the US EPA as a generator of hazardous waste.

The Hazardous Materials Regulations (HMR) contain everything you need to know about the transportation of hazardous materials in commerce; or do they?  The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the US DOT understands that in some situations a hazardous material may be transported safely even when not in compliance with the HMR due to technological advancement, additional safety precautions unforeseen by the PHMSA, or an emergency situation such as war or natural disaster that may require temporary relief from the full HMR.  It is for those reasons – and others – that special permits, approvals, exemptions and regulatory exceptions were created.  I will briefly summarize the characteristics of these regulatory extensions, how they may be of use, and where more information is available.

Special Permits:

A special permit may be requested for any aspect of the HMR and is defined at 49 CFR 171.8 as, “a document issued by the Associate Administrator, or other designated Department official, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapter A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq. ( e.g., Federal Motor Carrier Safety routing requirements).”   Special permits – once known as exemptions; the name was changed because it sounded too much like an exception (more on that later) – may be granted to an applicant for an emergency situation, or when a safe alternative to the HMR can be demonstrated.

The application must meet the requirements of 49 CFR 107, Subpart B and include evidence that the special permit will achieve the same safety level of the HMR or is consistent with the public interest (ie. the benefit to the public of the special permit outweighs the risk, such as in an emergency).  PHMSA’s review of your application will include an evaluation of your compliance history, I don’t suggest you request a special permit for something you have been issued a violation.

If the special permit is granted, compliance with its requirements are the responsibility of the applicant; this includes training HazMat Employees on its conditions and submitting a new application prior to its expiration date.  Your requirements are the same if your application creates a new special permit or you apply to be a party to an existing one.  You need not be party to a special permit if you are a carrier forwarding a hazardous material under someone else’s special permit as long as you do not re-package the HazMat.

A guidance document with more information about special permits can be found here.  If you wish to learn if a special permit exists that you may wish to be a party to, a Special Permit Search Tool can be found here.  The search capability is limited however, so you might be best served by speaking directly with the HazMat Info Line @:  800.467.4922.  It is not uncommon for some or all of the conditions of a special permit of proven safety to be converted to a regulatory exception by the PHMSA.  In this case the conditions of the former special permit are codified in the regulations and are available for use by all of the regulated community.  More on exceptions in just a little bit.

Approvals:

Approvals – similar to special permits in many respects (see here for a point-by-point comparison) – are defined at 49 CFR 171.8 as, “a written authorization, including a competent authority approval, from the Associate Administrator or other designated Department official, to perform a function for which prior authorization by the Associate Administrator is required under subchapter C of this chapter (49 CFR parts 171 through 180.)”  The biggest difference between a special permit and an approval is that the HMR must contain a specific allowance for the approval in order for it to be issued.  If no specific allowance is present in the HMR, then a special permit must be requested in order to get relief from the regulations.  Other characteristics of an approval include:

• May offer relief from the regulations if a level of safety can be guaranteed or the public interest is served.
• A written application must be submitted and written documentation of approval granted.
• May cover domestic or international transportation (special permits are good for domestic transportation only).
• Unlike special permits, you may not apply to be party to an approval; each approval is specific to its applicant.
• Unlike special permits, approvals typically do not have an expiration date and are valid until terminated, there is change in the product or circumstances, or it is incorporated into the HMR.

More information about approvals – including search tools – can be found here.  If unable to find what you need, I again recommend you to the HazMat Info Line @:  800.467.4922.

Exceptions:

Special permits (formerly known as exemptions) and approvals – after many years – may find themselves codified in the HMR as exceptions if they have been proven to achieve an adequate level of safety or serve the public interest.  Once made into an exception, they are available for use by anyone without written approval from PHMSA.  Exceptions can come in many different forms and are found throughout the HMR.  Some of the most common/useful include:

• Small Quantity per 49 CFR 173.4.
• Limited Quantity per 49 CFR 173.150, 151, 152, 153, 154, 155, 156 and 173.306.
• Consumer Commodity per 49 CFR 173.150, 151, 152, 153, 154, 155, & 156.
• Materials of Trade per 49 CFR 173.6.
• Combustible Liquids per 49 CFR 173.150(f).

When shipping HazMat you may come upon an occasion where the HMR does not allow you to do something you feel necessary; don’t give up, there may be a regulatory exception that fits just what you are trying to do, the authorization to request an approval may exist, a special permit may already exist that you may apply to be party to, or PHMSA may grant your request for a new special permit.  In any case, awareness of the regulations through training will help you have a better understanding of the options available to you, and hey; training is what I do! Join me at one of my nationwide open enrollment training events to learn about the regulations pertaining to the transportation of HazMat and the US EPA regulations regarding the handling of hazardous waste.  This one day of training fulfills the regulatory requirements of the PHMSA for the transportation of HazMat Employees per 49 CFR 172, Subpart H and those of the US EPA for Large Quantity Generators of hazardous waste per 40 CFR 265.16.

You may be familiar with several hazardous materials such as diesel fuel or kerosene that, depending on their formulation, may have a slightly higher flashpoint than more obvious flammable liquids such as gasoline.  However, you may not be aware of the exclusion from full regulation that is allowed for these high-flash materials and how it may be of use to you.

A combustible liquid is defined at 49 CFR 173.120(b)(1) as any liquid that does not meet the definition of any other hazard class and has a flash point of >60˚C (>140˚F) and <93˚C (<200˚F).  A flammable liquid is defined at 49 CFR 173.120(a) as a liquid with a flash point ≤60˚C (≤140˚F), or any liquid in bulk packaging with a flashpoint ≥37.8˚C (≥100˚F) that is intentionally heated and transported above its flashpoint (some exceptions).

There are great advantages to shipping a hazardous material as a combustible liquid instead of as a flammable liquid which will be addressed later.  However, what are you to do if the flashpoint of your hazardous material is ≤60˚C (≤140˚F), thus making it a flammable liquid by definition?  Do you have no choice but to ship it as a flammable liquid?  Not necessarily; there is a regulatory exemption [see 49 CFR 173.150(f)] that allows you to reclassify and ship a flammable liquid as a combustible liquid.  To do so, your flammable liquid must meet the following conditions:

• Doesn’t meet the definition of any other hazard class.
• To be transported within the U.S. only.
• Has a flashpoint of ≥100˚F and ≤140˚F. Click here for an illustration of these temperature ranges.
• To be transported by rail or highway.
• Is not a flammable liquid that is also an elevated temperature material that has been intentionally heated and is transported above its flashpoint.

If you are able reclassify your flammable liquid as a combustible liquid, you must research further to see which of the two following options are available to you.

Option 1:

If the combustible liquid is in a non-bulk package and is not a hazardous waste, hazardous substance, or marine pollutant; then it is not subject to any of the Hazardous Materials Regulations.

Option 2:

If the combustible liquid is in a bulk package or is a hazardous waste, hazardous substance, or marine pollutant; then it is still subject to the following requirements of the HMR:

• Shipping papers.
• Markings.
• Placarding (if in bulk only).
• Incident reporting.
• The general packaging requirements of 49 CFR 173, Subpart B.
• Triennial HazMat Employee training.
• Emergency response information.

The only exceptions allowed in Option 2 then are those for package labeling and security plans, not as good as option 1, but better than nothing.

Perhaps the combustible liquid exemption may be suitable for your operations, perhaps not.  If you are able to reclassify your flammable liquid to a combustible liquid and then use Option 1, you will see a significant reduction in your regulatory requirements and related costs.  In any event, knowing about this exemption and others can provide you with a more complete knowledge of the Hazardous Material Regulations.

To achieve its goal of safe transportation of hazardous materials (HazMat), the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the US DOT requires any person who performs a function involving the transportation of hazardous materials within the US to receive training on the safe and proper execution of those functions.  It is you as the HazMat Employer who must certify that the training and testing – that’s right, testing is required – of your HazMat Employees is sufficient to comply with the regulations.  With this responsibility to train, test, and certify the training of applicable employees, it is important for you to know what the regulations are and how you must comply with them.

First, you should review 49 CFR 172, Subpart H since it includes everything you need to know about the applicability, frequency, and content of HazMat Employee training.  You may also review the training information available on thePHMSA website.  There are the following five types of training that may be required:

1. General Awareness Familiarization Training
2. Function Specific Training
3. Safety Training
4. Security General Awareness Training
5. In-Depth Security Training

General Awareness/Familiarization Training is required for all HazMat Employees.  It must provide familiarity with the Hazardous Materials Regulations (HMR) and enable the HazMat Employee to identify a hazardous material using the hazard communication methods:  shipping papers, placards, labeling, and marking.

Function Specific Training is required for all HazMat Employees.  This training must instruct each HazMat Employee how to perform their specific job function(s) in compliance with the regulations.  This may include:  the completion and signing of shipping papers (including the Uniform Hazardous Waste Manifest), the loading or unloading of hazardous material packages from a vehicle, the transfer of bulk quantities of hazardous materials from a tank truck or railroad tank car, the preparation of hazardous material packages for shipment, and more.  If applicable to your operations, training per the requirements of the International Civil Aviation or the International Maritime Organization for the shipment of Dangerous Goods may be provided in lieu of training on the requirements of the HMR.

Safety Training is required for all HazMat Employees.  This training must address the potential hazards posed by the HazMat in use at the facility.  It must also instruct the HazMat Employees in the ways they and their employer can provide protection from these hazards, the emergency response procedures of 49 CFR 172, Subpart G, and accident avoidance.

Security General Awareness has been required for all HazMat Employees since March 25, 2003.  This training must include the following:

1. Awareness of security risks associated with hazardous materials transportation.
2. Awareness of methods to enhance transportation security.
3. How to recognize and respond to possible security threats.

In-Depth Security Training is required only for applicable HazMat employees of companies that are required to have a DOT Security Plan.  DOT Security Plan applicability can be determined at 49 CFR 172.800(b).  Note that the conditions to determine applicability changed effective October 1, 2010; you can read more about that here.  An applicable HazMat Employee – one who requires In-Depth Security Training – is one who: handles hazardous materials covered by the Plan, performs a regulated function related to the hazardous materials covered by the Plan, or is responsible for implementing the Plan.  Training must include:

• Company security objectives.
• Organizational security structure.
• Specific security procedures.
• Specific security duties and responsibilities for each employee.
• Specific actions to be taken by each employee in the event of a security breach.

Training required by OSHA, EPA or other agencies may suffice to fulfill the DOT training requirements above.  In other words, you don’t need to train your employees on the same material twice as long as the training addresses the specific components outlined above.  Whatever you do, be sure to retain the required documentation to prove you conducted the necessary training and testing.

The purpose of training is to increase awareness of safety and regulatory requirements.  It is hoped that the resulting awareness leads to fewer HazMat transportation incidents and related injuries/fatalities.  Effective training can do much more than meet the regulatory requirements however, it can provide your HazMat Employees with the information and the tools they need to perform their job functions safely and more efficiently.  Don’t take my word for it, read on the PHMSA website about its PHMSA Training Requirements.