This e-mail was sent from a contact form on Daniels Training Services (https://danielstraining.com) on December 05, 2019

Hello,

I am trying to name a chemical for transport. It has a flashpoint of 81 C. It is not a US DOT marine pollutant, but it is an IMDG marine pollutant. We ship in both bulk and non-bulk packaging, both domestically and internationally. I believe the US DOT name would be NA1993, combustible liquids, n.o.s. (name), 3, III -is that correct?

I am having a hard time with the IATA and IMDG name. Would those still be the NA1993? I know that NA1993 isn’t recognized internationally, so I am little confused as how this should be named. Any help you can provide with the naming would be greatly appreciated!!

My reply December 10th:

Thank you for contacting me.  I apologize for my delay. I will review and reply.  Please advise on the below.

An email question on April 8, 2018:

Sir,

We have tank trailers with a 1000 gallon volume of diesel fuel.  If the tank has 100 gallons or less, do they need to be placarded during transport?

Thank you,

My reply the next day (04.09.19):

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

A question via email on January 19, 2018 that was a follow-up to a telephone conversation:

Hi Dan,

I am following up on our phone conversation this morning on shipping combustible liquid.

Also, wondering if pharmaceutical drug products are exempt at all from regulation.

I have suggested to my client that we review the anticipated specific shipping protocols to develop specific shipping instructions – I will likely need your help with that.

Thanks so much!

I will try to provide some guidance and helpful information. See below.

To answer the question about the applicable regulations when shipping a combustible liquid by air:

• Your hazmat is a combustible liquid due to its high flashpoint.
• Per 49 CFR 173.150(f)(2), the USDOT/PHMSA HazMat Regulations do not apply to a combustible liquid in a non-bulk packaging unless a Haz Substance, Haz Waste, or marine pollutant. Note: the limitation to only ground transport is a condition of the option to re-class a flammable liquid to a combustible liquid. It is not a condition in the exception of a combustible liquid from regulation.
• Therefore, as long as it is not a Haz Substance, Haz Waste, marine pollutant or transported in a bulk packaging it is not subject to regulation within the U.S. even if transported by air.
• If transported by air, it cannot be packaged in a bulk packaging since the only type of bulk packaging recognized by IATA is the IBC and its use is limited solely to UN3077 and can’t be used for a combustible liquid.
• A combustible liquid in a single packaging up to 119 gallons is not subject to regulation within the U.S. by any mode of transport. And, a combustible liquid is not regulated by IATA.
• I am not aware of an exception from regulation for pharmaceutical products.
• There is an exception from regulation for a limited quantity of retail products containing ethyl alcohol at 49 CFR 173.150(g).

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

Conclusion:

You may be wondering about his last comment, “I will likely need your help with that.” and to what he was referring.  In addition to providing training for the transport of hazardous materials and the management of waste, I also provide consulting services.  So if you have the training you need but still have a problem, contact me for help.

A question from the regulated community (10.24.17):

Good afternoon Daniel. I am shipping a combustible liquid and wanted to know if I can ship overnight by air if it falls under excepted quantity. It has a flashpoint of 80 Celsius. Will it require dangerous goods paperwork and placarding? If under 500mL I can ship by excepted quantity without placarding and paperwork correct? If over 500mL would it have to go ground only? I do not see combustibles in section 4.2 in the IATA book.

Thanks for your help sir.

I knew this was going to be a tough question to answer because it referenced a classification unique to the U.S. (Combustible Liquid), a complicated packaging exception (excepted quantity), and two distinct sets of regulations (the USDOT/PHMSA Hazardous Materials Regulations for transport within the U.S. and the IATA Dangerous Goods Regulations for transport by air).  So, I asked for more information and more time:

Thank you for contacting me.

This is a very tough question which is taking me some time to research. If you can provide some additional information, that would be helpful:

• What is the material? Does it have a classification other than combustible liquid?
• Is the maximum net quantity of the inner packaging no more than 30 g or 30 ml?
• Is the maximum net quantity of the outer packaging no more than 500 g or 500 ml?

Thank you and please advise.

He replied the next day (10.25.17):

Here is the SDS (SDS was attached to the email). Inner packaging would be 500mL. Maximum net quantity of the outer packaging would be 500mL.

The following relevant data was obtained from the SDS:

• Contains: 95% N-MethylAminoPropylTriMethOxySilane and <5% Methanol
• Flash point: 82 °C (179.6 °F)
• Section 14 indicates classification as UN1993, Combustible liquid, n.o.s.
• No classification per international regulations (IATA or IMO) is indicated.
• No other information in SDS indicates material meets defining criteria of other HazMat / dangerous good.

Ball was back in my court.  I replied later that day:

I think I have an answer for you. Please see below.

• Based on the SDS it is a hazardous material (HazMat) as defined by USDOT/PHMSA as a Class 3 Combustible Liquid.
• The international regulations – including IATA – do not have a classification for, and do not regulate, a Combustible Liquid. Therefore, this material is not regulated per IATA.
• 49 CFR 171.22(c) of the Hazardous Materials Regulations (HMR) requires a HazMat not subject to international regulations – e.g., a Class 3 Combustible Liquid – be subject to the HMR when transported to, from, or through the U.S. regardless of international regulations. This USDOT letter of interpretation confirms it (LOI 13-0020).
• A Combustible Liquid transported within the U.S. is subject to the combustible liquid exception if it is not transported in a bulk packaging and is not classified as a hazardous substance, hazardous waste, or marine pollutant.  Based on the information provided I presume this HazMat is none of those.
• To be be eligible as an excepted quantity per USDOT/PHMSA and IATA regulations the maximum net quantity of the inner packaging must be no more than 30 g / 30 mL and the maximum net quantity of the outer packaging must be no more than 500 g / 500 mL. Based on your earlier email your HazMat exceeds the maximum net quantity for the inner packaging and therefore can’t be transported as an excepted quantity.

In summary:

Based on the information provided the material as described is not subject to the regulations of either USDOT/PHMSA or IATA when transported within the U.S. or internationally by any mode as long as the requirements of the Combustible Liquid Exception are met.

I hope this helps.

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

That appeared to satisfy him.

Great! Thanks Daniel. Some of these chemicals can be tricky when shipping.

Conclusion:

The transport of a hazardous material (aka: dangerous good) within the U.S. while subject to international regulations can be a challenge! The classification of a Class 3 Combustible Liquid and the application of the Combustible Liquid Exception are only two examples where international and domestic regulations must be made to work together. Other shipping challenges include: marine pollutants, hazardous substances, & lithium cells or batteries to name a few.  And of course, all regulations require periodic training for applicable personnel to ensure knowledge and compliance.

A question from someone in the HazMat transportation business (06.02.17):

The company I work for hauls frac tanks recently we had a tank that was used to store red diesel heating oil when we went to pick up the tank there was a gallon or two residual left in tank are we allowed to transport the tank with residuals in it and do we need paper work and placards.

My attempt to buy some time that same day:

Please give me some time to research and provide an answer.

My reply eleven days later (06.13.17):

Thank you for your patience.  I will try to answer your question.  Please see below.