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FAQ: What is a portable tank?

FAQ: What is a portable tank?

The Definition:

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) define a portable tank at 49 CFR 171.8.

Portable tank means a bulk packaging (except a cylinder having a water capacity of 1000 pounds or less) designed primarily to be loaded onto, or on, or temporarily attached to a transport vehicle or ship and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means. It does not include a cargo tank, tank car, multi-unit tank car tank, or trailer carrying 3AX, 3AAX, or 3T cylinders.

Contact me the next time your USDOT, IATA (air), or IMO (vessel) training is due to expire.
So lets break it down…
  • A portable tank is a bulk packaging. A bulk packaging is also defined at §171.8 and explained in this article: Bulk Packaging for HazMat Explained! But for the purposes of this article a bulk packaging has a maximum capacity of more than any of the following:
    • 450 L (119 gallons) as a receptacle for a liquid.
    • 400 kg (882 pounds) and 450 L (119 gallons) as a receptacle for a solid.
    • Water capacity of 454 kg (1,000 pounds) as a receptacle for a gas. Note: a water capacity of 454 kg (1,000 pounds) calculates out to a volume of 450 L (119 gallons).
  • However, a portable tank may be a non-bulk packaging if it is a cylinder (defined at §171.8) with a water capacity of 1,000 pounds or less.
  • A portable tank is not designed to be permanently attached to a transport vehicle or ship. This differentiates it from the cargo tank which is permanently attached to or forms part of a vehicle.
  • A portable tank is equipped with the following:
    • Skids
    • Mountings
    • Accessories to facilitate handling of the tank by mechanical means.

And finally…

  • A portable tank is not any of the following:
    • Cargo tank
    • Tank car (rail)
    • Multi-unit tank car tank (rail)
    • A trailer carrying 3AX, 3AAX, or 3T cylinders

Q: Could a cylinder be a portable tank?

UN Portable Tank

A: No. The definition (as of 06.06.20) is unclear as to whether a cylinder could ever be a portable tank. The opening sentence refers to a cylinder having a water capacity of 1000 pounds or less, which is a non-bulk packaging. It seems to be saying that a portable tank is a bulk packaging but it could also be a cylinder if it is a non-bulk packaging. Also, the last sentence specifically excludes the packaging types a portable tank is not. Included here is a trailer carrying 3AX, 3AAX, or 3T cylinders, but not all cylinders. It seems to leave open the possibility that some non-bulk cylinders could meet the definition of a portable tank. Conversation with USDOT/PHMSA HazMat Info Line revealed the following time-line to the progression of the definition of portable tank:

  • The original definition published in 1976 did not include the reference to bulk packaging since that term did not yet exist. The reference to cylinders was present then.
  • In 1987 the definition of portable tank was modified to include the reference to bulk packaging but the misleading references to cylinders remained.

In conclusion: disregard the reference to cylinders in the definition of a portable tank. A portable tank can’t be a cylinder. USDOT/PHMSA will correct this error in a later rule change. 

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U.S. EPA Acts to Protect the Public from Unregistered “Virus Shut Out” Product Imported into Honolulu and Guam

U.S. EPA Acts to Protect the Public from Unregistered “Virus Shut Out” Product Imported into Honolulu and Guam

The Bullet:

The U.S. Environmental Protection Agency (EPA) announced it has prevented several shipments of an illegal health product from entering U.S. Pacific ports under federal pesticide laws.

View the News Release

Who:
  • U.S. Environmental Protection Agency (EPA), Region 09
  • U.S. Customs and Border Protection (CBP)
What:
  • Virus Shut Out, is not registered with the EPA. Therefore, its safety and efficacy against viruses have not been evaluated.
  • Its labeling – including directions for use – is not provided in the English language as required by law.
  • On-line advertising materials contain misleading claims about its safety and effectiveness.  Like this: https://toamit.shop/Japan-Virus-Shut-Out?gclid=EAIaIQobChMI0Ourw4DD6AIVF6SzCh0-zgz9EAAYASAAEgKMC_D_BwE
Where:
  • The unregistered product is being imported from Japan and Hong Kong through U.S. ports in Honolulu and Guam.
When:
  • News release dated 03.25.20.
Why:
  • Unsubstantiated claims to protect against viruses threaten public health.
  • Public health claims can only be made regarding products that have been properly tested and are registered with the EPA.
  • The agency will not register a pesticide until it has been determined that it will not pose an unreasonable risk when used according to the label directions.
  • Products not registered by EPA can be harmful to human health, cause adverse effects, and may not be effective against the spread of germs.
  • “It is critical that people only use EPA-registered disinfectants and follow label directions for proper use,” said EPA Pacific Southwest Regional Administrator John Busterud. “EPA will not tolerate companies selling illegal disinfectants and making false or misleading public health claims during this pandemic crisis.”
How:
  • Under the Federal Insecticide, Fungicide and Rodenticide Act, products that claim to kill or repel bacteria or germs are considered pesticides and must be registered with the EPA prior to distribution or sale.

Daniels Training Services, Inc.

815.821.1550

                    Info@DanielsTraining.com

https://www.danielstraining.com/
Conclusion:
  • EPA and CBP will continue monitoring for products with illegal pesticidal claims. In addition, EPA has reached out to Amazon to remove the product from their online marketplace. Amazon has taken this step.
  • EPA has released an expanded list of EPA-registered disinfectant products that have qualified for use against SARS-CoV-2, the novel coronavirus that causes COVID-19. The list contains nearly 300 additional products—including products that went through the expedited review process for emerging viral pathogens.
  • To view the most up-to-date list of EPA-registered disinfectant products, visit https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2
  • For more information on EPA resources on the coronavirus disease (COVID-19): https://www.epa.gov/coronavirusFor more information on pesticides, please visit: http://www.epa.gov/pesticides

"Virus Shut Out" Package - FrontPackaging showing the front and back of the Virus Shut Out product."Virus Shut Out" Package - Back

 

FAQs: What is webinar training?

If the applicable regulations mandate you provide training for you and/or your personnel you may wish to consider a web-based training format (webinar training) to deliver that training. Below are some frequently asked questions about my webinar training.

  1. Is your webinar training just a pre-recorded message?
    • No.  Webinar training is delivered live.  You will be able to see the training presentation and hear the trainer’s (me!) voice in real time.
  2. Will the training content be specific to my operations and what my employees need to know?
    • Yes.  Webinar training can be tailored to your needs to include just the content you require.  For example, if you do not ship HazMat by rail, webinar training won’t address the regulations of 49 CFR 174 – Carriage by rail.
      rail car of HazMat

      Do you offer for transport a HazMat by rail?

  3. What if I or one of my personnel have a question during the webinar training?
    • Trainees may ask questions and have them answered during the webinar training.  Trainees may type a question directly to me or simply speak up.  I can pause training, go back over critical information, clarify content, and even provide additional information that is not part of the training presentation.  I also provide unlimited time at the conclusion of the webinar training for questions.
  4. Due to concerns about COVID-19, I am unable to gather personnel in one location.
    • No problem.  My webinar training platform (GotoMeeting) allows for up to 25 separate log-ins.  Trainees can attend the webinar training from home or private office.
  5. Due to concerns about COVID-19, most personnel are working from home.
    • No problem.  Trainees can attend the webinar training from any location with an internet connection and a telephone.  Up to 25 separate log-ins are allowed for each webinar training.

    • Interested in a Webinar?

      My Webinar Training Schedule
  6. We have a widely-dispersed work-force with locations throughout the U.S.
    • No problem.  Trainees can attend the webinar training from anywhere in the U.S. (anywhere in the world, really).  Any place that has an internet connection and phone service can be a full participant in my webinar training.
      Webinar training from home office

      Attend the webinar training from home

  7. If personnel attend the webinar training from home or private office, how do I ensure they are present and attentive throughout?
    • Attendance and attentiveness are a challenge for any training format.  My webinar training has several ways to ensure trainees actually get something of value from the time spent.  This includes:
      • I provide recordkeeping documents for trainees to complete and provide to the responsible person (i.e., training coordinator).
      • Trainees must log-in to the webinar and display their name.
      • The webinar platform (GotoMeeting) allows for video conferencing so each trainee can be seen.  (This is an option).
      • Training will include a test at the conclusion.
      • Training may include a series of questions throughout the presentation to require trainees to engage in and interact with the content.  Trainee answers to the questions are submitted to the responsible person.
  8. How many personnel can attend webinar training?
    • There is no limit on the number of trainees.  Cost (see below) is a flat fee and is not affected by the number of trainees.
  9. When can I schedule webinar training?
    • Any time day or night is OK for webinar training.  Webinar training may be scheduled on a Saturday, but not a Sunday.  Additional fees may apply to training held outside of normal business hours.

    • Interested in a Webinar?

      My Webinar Training Schedule
  10. What if some of my personnel miss the scheduled date and time of the webinar training?
    • I can create a recording of the webinar training and make it available for a fee.  This recording can be viewed as a movie by personnel at any time.
  11. May I speak directly to my personnel during the webinar?
    • Yes.  I am able to ‘share the mic’ with you at any point during the webinar training if you wish to speak directly to trainees.
  12. What if I have questions after the webinar training has concluded?  Perhaps days, weeks, or months later?
    • No problem.  Feel free to contact me any time with questions.
  13. What if I require specialized training such as for lithium batteries, loading or unloading cargo tanks, filling IBCs, &etc.?package of lithium ion battery
    • Once you decide on site-specific webinar training I will send you a Questionnaire I have developed to gather information about your operations.  I will then create a site-specific training presentation.  Specialized training is part of the webinar training I provide.
  14. What does your webinar training cost?
    • That depends on the content (see below) and delivery options (see belower).  Below are cost guidelines for site-specific training delivered at a date and time of your convenience:
      • Four (4) hours: $999.
      • Six (6) hours: $1,249.
      • Eight (8) hours: $1,749
      • Twelve (12) hours: $1,999
      • Sixteen (16) hours: $2,499
    • Costs are lower for webinars that do not provide site-specific content, i.e., Public Webinar or Scheduled Webinar (see below).
    • All webinar training costs are a flat fee.  There are no additional costs for printing, travel, number of log-ins (up to 25), or number of trainees (unlimited).
  15. What if copies of the applicable regulations are necessary for the webinar training?
    • If copies of the regulations are necessary they can be purchased by the customer (I can provide purchase options) or I can provide copies to use during the webinar training for a fee.

    • Interested in a Webinar?

      My Webinar Training Schedule
  16. What training content does Daniels Training Services offer?
  17.  What are my options for webinar training?
    • Public Webinar – These are regularly scheduled (1/month) webinars that meet the training requirements for either HazMat Employees or  Hazardous Waste Personnel.  As they are open to all they are general in content and not site specific.  This is a good option for those wishing to fulfill the training requirements for themselves and/or a small number of employees at the least expense.  My Public Webinar Training Schedule.
    • Site-Specific Webinar – This webinar is scheduled at your convenience.  I will work with you to ensure the training addresses the Federal and State regulations that impact your operations.  There is no limit to the number of trainees who participate, you may even include off-site locations.  This training option is the best way to receive site-specific training with the least expense and disruption to your operations.
    • Scheduled Webinar – This webinar combines the best features of the Public Webinar and the Site-Specific Webinar.  If you are satisfied with the content of a Public Webinar but have many people to train and/or a schedule conflict, you may wish to consider a Scheduled Webinar.  This training helps you to meet the regulatory requirements for all of your employees at a time and date of your convenience.  There is no limit to the number of trainees or off-site locations you may include.
  18. What if I have other questions?

Q&A: Are these paint pens a hazardous waste?

A question I received back on November 28, 2018:

Hi Dan,

I have a hazardous waste question for you. I am looking for affirmation of a conclusion that I have already come to or new awareness of some sort of an exemption status for what is described below.

We utilize DYKEM Brite-Mark paint pens (example pictured below) to mark parts, etc. in our manufacturing operations to the tune of approximately 500 over the last three years.

Dykem Paint Pen and Ink Pen

Ink pen was included for scale.

Both the outside of the paint pen & Safety Data Sheet (copy was attached to email) indicate the content is flammable (characteristically hazardous) and I am sure from the long list of constituent chemicals (CAS #’s listed below) one could show up as a listed waste.

  • 123-86-4 Butyl acetate, 50-60%
  • 13463-67-7 Titanium Dioxide, 30-40%
  • 108-65-6 Propylene glycol monomethyl ether acetate, 1-30%
  • 7429-90-5 Aluminum flake, 10-20%
  • 7440-50-8 Copper, Copper compounds, 10-20%
  • 1326-03-0 C.I. Pigment Violet 1, 5-10%
  • 1333-86-4 Carbon black, 5-10%
  • 67-63-0 Isopropanol, 5-10%
  • 21645-51-2 Aluminum hydroxide, 1-5%
  • 7440-66-6 Metallic Zinc, 1-5%
  • 7631-86-9 Silica, amorphous, 1-5%
  • 95-63-6 1,2,4-Trimethylbenzene, 0.1-1%
  • 64742-95-6 Aromatic solvent 0.1-1%

As such, do you agree with me that when we discard these they must be managed as a Hazardous Waste; even though when they are being discarded they have only a rather small residual amount of the original content in them? They would be discarded because they will not “write” anymore.

I would ship under the following US DOT description:

UN1263, Waste, PAINT, MARINE POLLUTANT (Copper, Copper Compounds), 3, III

Or

UN1993, Waste, Flammable liquids, n.o.s., 3, III

I believe either would be acceptable, but the 2nd would be more indicative of why it is a hazardous waste, do you agree?

Thank you very much for your consideration of this question!

By the way, we are a VSQG.

Best Regards,

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
My reply on December 01, 2018:

I have an answer for you.  Please see below.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

  • USEPA exempts from regulation as a hazardous waste a container that is RCRA Empty:  all contents that can be removed using common practices are removed and no more than one inch of residue remains in the container.
    • A container that is RCRA Empty is not a hazardous waste though it will remain a waste.
  • Based on your description I believe your paint pens are RCRA Empty.  i.e., “…when they are being discarded they have only a rather small residual amount of the original content…”
  • If the pens are metal another exemption from regulation may be used:  the scrap metal exemption at 40 CFR 261.6(a)(3)(ii).  If reclaimed for its metal value through recycling the pen is exempt from all regulation as a waste – even if though it contains a hazardous waste and is not RCRA Empty.

Also…Hazardous Waste Paint

  • A review of the USEPA List of Lists confirms that none of the constituents are a P- or U-listed material and so can’t be a P- or U-listed hazardous waste.  Also, none of the constituents are an F-listed solvent and so can’t be an F-listed hazardous waste.  The K-list of industry-specific sources is not applicable here.  Therefore, the paint pens are not a listed hazardous waste at disposal.
  • Copper metal powder and some identified copper compounds are a marine pollutant.  The Copper, Copper Compounds 10-20% in the paint pen is unlikely to be a copper metal powder or one of the identified marine pollutants (refer to: List of Marine Pollutants, Appendix B to the Hazardous Materials Table at 49 CFR 172.102).  Even if it contained a listed marine pollutant, the pens would not be classified as one per USDOT/PHMSA regulations since the size of the container is not a bulk packaging (read: What is a Marine Pollutant?)

Daniels Training Services, Inc.

815.821.1550

                    Info@DanielsTraining.com

https://www.danielstraining.com/

Conclusion:

  • Make every effort to use the contents of the pens fully so they are RCRA Empty.
  • Recycle them as scrap metal (you may wish to check with scrap metal recycler to be sure it’s OK) to take advantage of scrap metal exemption.
  • If both of the above are done, your paint pens are not subject to regulation as a waste.

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

Dan,

He was appreciative but some clarification was still necessary:

Excellent, thank you, I appreciate it!

So both the RCRA empty & metal recycle have to be met in order for the pens to be exempt?

In other words, if RCRA empty is met it can’t be disposed of into the trash, it must also be recycled in order to satisfy the requirements for exemption?

Or, is it simply best practice to RCRA empty them and also recycle? If the recycler won’t accept for some reason they can still be exempt if RCRA empty, correct?

Regards,

My clarification:

Please see below.

  • If RCRA Empty the pens are exempt from regulation as a hazardous waste but remain a non-hazardous waste. However, landfills do not allow for any free liquids (Not entirely true. Please this for clarification:  Generator Ban on Liquids in Landfills Under the Generator Improvements Rule) so their presence in the pens may cause a problem for landfill disposal.
  • If recycled as scrap metal the pens are exempt from regulation as a waste entirely no matter the amount of liquid they retain. Some recyclers aren’t crazy about liquids but the quantities we’re talking about shouldn’t be a problem.
  • The two exemptions are independent of each other. However, I think it a good practice to first get the pens RCRA Empty and then to recycle them as scrap metal. The two exemptions together should ensure compliance and environmental protection.

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

He appreciated the additional clarity:

Thank you, I appreciate the additional clarity!

Not sure of your hazardous waste generator status?  Take this short survey
Conclusion:

This hazardous waste generator had the right idea: conduct a thorough hazardous waste determination for every waste generated at your facility.  Though the process may be time-consuming, it is required by USEPA – and state – regulations.  Compliance requires initial and annual training for hazardous waste personnel of a large quantity generator.

DEQ Rulemaking – Hazardous Waste Fees – Public Comment Period Open – Hurry!

The Oregon Department of Environmental Quality is proposing amendments to its administrative rules at OAR 340, Divisions 102 and 105 regarding hazardous waste fees.

Summary:

DEQ is proposing rule amendments for the Environmental Quality Commission’s approval:

The Oregon Department of Environmental Quality is proposing to align its hazardous waste fees more closely with program needs and the consumer price index. This effort is a multi-phase project to amend current hazardous waste fee funding over several years to secure sufficient funding by 2026.

This proposal will amend fees established in rule to help bridge program funding through 2024. DEQ will have to seek statutory amendment to statutory fees in 2021 or 2023 to fund the program by 2026.

Public Participation:Two closed & labeled Haz Waste containers

  • DEQ will accept public comments on this proposed rulemaking until 4 pm on Tuesday, January 22, 2019.
  • DEQ will hold a public hearing on this proposed rulemaking:
    • 6 pm / Thursday, January 17, 2019
    • Oregon Department of Environmental Quality / 700 NE Multnomah Street, Room 610 / Portland, OR 9723

Additional Information:

  • To view copies of the notice documents, learn more about this rulemaking, and how to submit comments, you can view the rulemaking web page: HERE
  • If you want to receive future email notices about this rulemaking, you must sign up at: DEQ Govdelivery.
  • You can also obtain more information about this rulemaking by contacting:

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Conclusion:

As a state with an authorized hazardous waste program, the Oregon DEQ has the authority to collect fees from those within the regulated community. In this case: hazardous waste generators. It’s important for the state regulatory agencies to hear from those impacted by these fees. I urge you to attend the meeting and/or make a public comment on this rulemaking. And, if you have any questions about the federal and state regulations for the management of waste, please don’t hesitate to contact me.

FAQ: What is SETIQ?

SETIQ is the acronym for the Mexican Emergency Transportation System for the Chemical Industry.  It is a service of the National Association of Chemical Industries (ANIQ).

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/

Contact information for SETIQ:

  • In the Mexican Republic 24 hours/day:  01.800.00.214.00
  • In Mexico City and the metropolitan area:  5559.1588
  • Elsewhere: +52.55.5559.1588

Also in Mexico:

CENACOM:

  • Toll free in the Mexican Republic:  01.800.00.413.00
  • In Mexico City and the Metropolitan Area:  5128.0000
  • Elsewhere:  01.55.5128.0000 Exts. 36469, 36470, 36471, 36472, 37807, 37808, 37809, 37810, 37811, 37812

CONASENUSA:

  • Toll free in the Mexican Republic 24 hours/day, 365 days/year:  01.800.11.131.6

Will you give me a Positive Review on Google?

First…
Go to Google.com on your phone or PC and say or enter:  Daniels Training Services
 capture-dts-in-search-window
You’ll see my Google My Business page which will look something like this:
capture-dts-google-listing
Second…
Click the “Write a review” button:
capture-dts-write-a-review

On a mobile device you may not see the “Write a review button until you click on a blue circle with the down arrow in it to expand the section.  Scroll down to “Rate and review”.

Third…
Click on the number of stars you rate the training (all five I hope!)
Write a review of your experience in my training.  Did you learn anything?  Did I seem knowledgeable?  Did I answer your questions?  Was my training a good value?  Would you recommend it to others?  Do you like me?  Do you really like me?!?  Sorry.  Too far.
 capture-dts-rate-review

You may be asked to sign in to your Google account if you are not already.  Google doesn’t allow anonymous reviews.  If you don’t have a Google account, see the next step.

capture-dts-google-sign-in
Fourth…
As stated previously, Google does not allow anonymous reviews so you must sign in to your Google account first or create one.  Creating a new Google account only takes 2-3 minutes and “c’mon, seriously?  You don’t have a Google account yet?”
 And that’s it!  Really simple, right?

I appreciate you doing this for me.  This kind of effort on your part helps me to be found when people are searching for the type of training services that I provide.

FAQ: Copper Chloride (UN2802) as a Hazardous Material

A question I received May 1, 2015 from a business associate within the community of hazardous material Shippers, Carriers, and Destination Facilities:

Hey Dan,

At work we had a discussion and really could not come to a conclusion.
I would like your input when you have a few moments.

  • A customer has 1 pound of copper chloride to dispose of.
  • We put it in a labpack for shipping.
  • Copper chloride is in 172.101 as UN2802, copper chloride, 8, III
  • But it is shown in column 1 with the RQ symbol.
  • The RQ for copper chloride is 10 lbs with the @ symbol (not significant).

My understanding is that since we are shipping less than an RQ, the shipment is not subject to 49 CFR.

If I am correct, please cite the relevant regs.

If I am incorrect, please let me know how.

Thanks very much.

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://www.danielstraining.com/
My reply on May 8, 2015:

First some clarification and my assumptions:

  • Since it is being sent for disposal, the copper chloride is a solid waste and possibly a hazardous waste per the regulations of the USEPA if it is either Listed or exhibits a Characteristic and is not otherwise excluded from regulation.
  • Copper chloride is identified by its technical name in column 2 of the Hazardous Materials Table (49 CFR 172.101) as a proper shipping name:

Hazardous materials table entry for copper chloride

  • Copper chloride is identified as a hazardous substance with a reportable quantity of 10 lbs (4.54 kg) in Table 1 of Appendix A to the hazardous materials table:

Hazardous substance table entry for copper chloride

  • I agree that the @ symbol does not impact copper chloride’s classification.
  • Copper chloride is also identified as a severe marine pollutant (PP) in Appendix B to the hazardous materials table:

Marine pollutant table entry for copper chloride

However, pursuant to 49 CFR 171.4(c) a marine pollutant is not subject to the HMR when transported by motor vehicle, rail car, or aircraft in a non-bulk packaging.

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My answer to your question:

I believe the copper chloride must be shipped as a hazardous material (i.e. it is subject to 49 CFR) because it is designated as hazardous in the hazardous materials table at 49 CFR 172.101 (see earlier in this article).  Its status as a hazardous material can be confirmed by determining if it meets the definition of a Class 8 Corrosive as is indicated in column 3 of the hazardous materials table.  If so, it is a hazardous material no matter if it is a Reportable Quantity of a hazardous substance or not.

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

I didn’t hear again from this person on this topic so I assume my answer was satisfactory.  I wouldn’t mind hearing from you, though.  So please contact me with any question you may have about the transportation of hazardous materials or hazardous waste.  I won’t use your letter as an article unless you approve.

FAQs: Walking HazMat Across the Street. Is it Regulated Transportation?

(9.28.15) A question from a site where I had provided Onsite HazMat Employee training in September 2014:

Dan,

A question came up while we were conducting training. We have employees that fill small containers of fresh acid in the lab and then walk across the street to the where the acid will be used. Would the person transporting the container be required to attend the DOT training?

My response later that day (9.28.15):

No. For two reasons:

  • First, the act of walking is not identified by PHMSA/USDOT as transportation and thus is not subject to the Hazardous Material Regulations.  At 49 CFR 171.8 Transportation is defined as:

Transportation or transport means the movement of property and loading, unloading, or storage incidental to that movement.

So, transportation is movement but it doesn’t specify how, so it’s possible that walking is regulated as transportation.  However, 49 CFR 171.1(c)(1) describes regulated transportation of a hazardous material as including:

Movement of a hazardous material by rail car, aircraft, motor vehicle, or vessel…

And, movement is defined at 49 CFR 171.8 as:

Movement means the physical transfer of a hazardous material from one geographic location to another by rail car, aircraft, motor vehicle, or vessel.

Therefore, the act of walking, even if transporting a hazardous material, is not subject to the HMR.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
  • Secondly, I am not certain to which of your facilities you are referring (they have two) but if it is an internal “street” and the HazMat doesn’t leave your property, then it is not subject to the HMR which applies to transportation in commerce on a public roadway.  Again, 49 CFR 171.8 defines movement as the transfer of a HazMat from one geographic location to another (see above), which would not include its transfer within a contiguous property.

Further, 49 CFR 171.1(d) identifies activities that are exempt from the HMR as including:

Rail and motor vehicle movements of a hazardous material exclusively within a contiguous facility boundary where public access is restricted, except to the extent that the movement is on or crosses a public road or is on track that is part of the general railroad system of transportation, unless access to the public road is restricted by signals, lights, gates, or similar controls.

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Subscribe to my Monthly Newsletter

No marketing emails!

So, the movement of a hazardous material – even if by motor vehicle – is not subject to the HMR if the movement takes place within a contiguous facility boundary where public access is restricted, i.e. is on private property.

I hope this helps.

Thanks

Dan

It doesn’t matter to me whether you’re a past customer, future customer, or no customer at all!  I’m happy to answer your questions about the transportation of hazardous materials.