From the contact form on my website on December 9, 2016:

We have a trailer with two Deck Engines w/ a 400 Gal. Diesel Tank that supply’s Fuel to both engines.

Question 1. Do we have to Placard the on all for sides of the tank.

2. Does the driver need a Haz-mat Endorsement. Thanks.

(the email included a picture of a flat bed trailer hauling the deck engine and two intermediate bulk containers of diesel fuel.)

My reply December 11th:

Please see below:

• Diesel fuel is classified as a Class 3 Combustible Liquid.
• The diesel tanks on the trailer classify as a bulk packaging. The packaging is known as an IBC or Intermediate Bulk Container.
• A bulk packaging of a combustible liquid is not subject to the exception at 49 CFR 173.150(f).
• The requirements to use DOT specification packaging is not applicable to a bulk packaging of a Class 3 Combustible Liquid.
• The placarding requirements of 49 CFR 172, subpart F do apply to this HazMat.
• Per 49 CFR 172.514(c)(4) an IBC is required to display the applicable placards on two opposing sides. The 4-digit identification number must appear on or near the placard. Alternatively, the IBC may display HazMat labels and the proper shipping name and identification number on only one side.  Read:  HazMat Labels, Placards, and Marks on an IBC.
• Per 49 CFR 172.504(a) each transport vehicle required to display placards (as in this situation) must display them on all four sides of the vehicle.
• 49 CFR 172.516(a) requires the placards to be visible from the direction they face.
• The placards on the IBCs may suffice to replace the required placards on the side of the truck that the placarded IBCs face. In short, if placards are displayed on the IBCs so that they are visible from all four sides of the vehicle, you can meet both requirements with the same 4 placards. A more conservative approach is the display placards or HazMat labels on the IBCs as required and also display placards on all four sides of the vehicle.

I hope this helps.

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

I guess that did it because I didn’t hear back from him.

Please feel free to contact me if you have any questions about the transportation of a combustible liquid.  See below for links to other articles for more information.

• Can I re-class a Flammable Liquid to a Combustible Liquid?
• The White Bottom Placard for a Class 3 Combustible Liquid
• Use of Flash Point for Classification of Class 3 Flammable and Combustible Liquid
• Flammable Liquid v. Combustible Liquid
• The Combustible Liquid Exception

A question from a customer of mine after I had provided them with training:

Hi Daniel.  I just need clarification from what you had told us regarding reclassifying our product from Flammable to Combustible.  Do we need to change the Transport information on our SDS?  This is what is currently listed.

HERE IS A QUESTION I RECEIVED THROUGH THE CONTACT ME PAGE OF MY WEBSITE.

Names and references to locations and companies have been changed to preserve anonymity.  Other minor editing changes have been made as well.

Subject: Help
Message: Hi Daniel,
My name is <<John Smith>> and I work for a construction company in a <<U.S. State>>. I drive a fuel/lube truck with a 1000 gallon diesel tank. I also haul engine, transmission, coolant, slop oil, and grease that are 100 gallons or less. I fuel off road construction equipment to our sites. My company does not or should I say certain individuals in the company do not know about HazMat DOT regulations.
What kind of shipping paper do I need? Would I need a permanent for diesel only or do I need to have the other chemicals listed as well?
I am personally getting the items I need from a well known company in this field. I purchased the orange book, placards 1993, and another HazMat book. I believe the company needs to have the HazMat Registration Permit also right. Please help. It seems I am alone with people who don’t know or don’t care. Call me, ###-###-####, so we can discuss this and perhaps if the price is right I would take one of your courses.
Respectfully for the cause,

AND HERE IS MY RESPONSE:

Thanks for contacting me. I’ll do my best to answer your questions.

First of all, diesel in the quantity and bulk packaging you describe is a hazardous material subject to the regulations of the USDOT when transported in commerce. Therefore, the following is required (at a minimum):

• A shipping paper that describes the hazardous material (diesel) and any others you transport. A permanent diesel shipping paper would work as long as it is handled properly.
• Placards on all four sides of the vehicle.
• Markings on all fours sides of the vehicle: 1993, “Diesel”, or “Combustible”.
• Emergency response information immediately available to the driver. The 2012 ERG is good for this. You must also have a 24 hour emergency response phone number.
• The vehicle is a Commercial Motor Vehicle, subject to regulations for its operation on the highway. Depending on its weight, the driver may require a Commercial Driver’s License and be subject to hours-of-operation limits, &etc.
• A placarded quantity of HazMat requires registration with the USDOT and payment of the fee.
• Anyone involved in the transportation of the HazMat (not just the driver) must receive initial and triennial (every 3 years) HazMat Employee Training. Drivers require an additional component to HazMat Employee Training to include operation of the vehicle.

The other materials you mention may not be hazardous materials (or they might!). It is up to the Shipper to determine if a material is hazardous or not and therefore subject to the regulations.

You are right to be concerned about compliance issues at your company. I’d be happy to answer any other questions you may have.

In general, there are two ways in which a material may be classified as a Combustible Liquid (Hazard Class 3) pursuant to the regulations of the PHMSA/USDOT; they are:

• It does not meet the definition of any other hazard class and its flash point is above 60 °C (140 °F) and below 93 °C (200 °F).

Or…

• It meets the definition of a Flammable Liquid with a flash point of ≥100˚F and ≤140˚F and the shipper elects to classify it as a Combustible Liquid.

Read more about both of these options here:  The Classification of a Flammable Liquid and a Combustible Liquid

The transportation in commerce of a Combustible Liquid presents an interesting option when determining the placards to display on a motor vehicle or rail car. (more…)

Flash Point is a term used by the US EPA when characterizing an Ignitable Hazardous Waste and the US DOT when classifying a Flammable or Combustible Liquid.  Though similar, there are differences in how these two Federal agencies define and describe this term.  If you work with solvent, inks, paints, resins, fuels, or many other organic hydrocarbons it is necessary for you to be familiar with how both the US DOT and the US EPA identify this term and its role in identifying a hazardous material or a hazardous waste.  The purpose of this article is to describe the use of the Flash Point for classifying a Flammable or Combustible Liquid per the regulations of the US DOT.  You may also be interested in the US EPA’s use of Flash Point for the Determination of a Characteristic Ignitable Liquid Hazardous Waste.

The US DOT defines Flash Point at 49 CFR 173.120(c)(1):  “Flash Point means the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid.”  It goes on to describe the methods to determine Flash Point based on the characteristics of the sample:

1.  For a homogeneous, single-phase, liquid having a viscosity <45 S.U.S. at 38°C (100°F) that does not form a surface film while under test, one of the following test procedures shall be used:

• Standard Method of Test for Flash Point by Tag Closed Cup Tester, (ASTM D 56) (IBR; see §171.7 of this subchapter).
• Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus, (ASTM D 3278) (IBR; see §171.7 of this subchapter).
• Standard Test Methods for Flash Point by Small Scale Closed Tester, (ASTM D 3828) (IBR; see §171.7 of this subchapter).

2.  For a liquid other than one meeting all the criteria of #1 above, one of the following test procedures must be used:

• Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, (ASTM D 93) (IBR; see §171.7 of this subchapter).  For cutback asphalt, use Method B of ASTM D 93 or alternative tests authorized in this standard.
• Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Appartus (ASTM D 3279) (IBR; see §171.7 of this subchapter).
• Determination of Flash/No Flash – Closed Cup Equilibrium Method (ISO 1516) (IBR; see §171.7 of this subchapter).
• Determination of Flash Point – Closed Cup Equilibrium Method (ISO 1523) (IBR; see §171.7 of this subchapter).
• Determination of Flash Point – Pensky-Martens Closed Cup Method (ISO 2719) (IBR; see §171.7 of this subchapter).
• Determination of Flash Point – Rapid Equilibrium Closed Cup Method (ISO 3679) (IBR; see §171.7 of this subchapter).
• Determination of Flash/No Flash – Rapid Equilibrium Closed Cup Method (ISO 3680) (IBR; see §171.7 of this subchapter).
• Determination of Flash Point – Abel Closed-Cup Method (ISO 13736) (IBR; see §171.7 of this subchapter).

3.  If the liquid is a mixture of compounds with different volatility and Flash Points (eg. mixed solvents and paint), its Flash Point must be determined by one of the methods in #’s 1 & 2 above on the material in the form in which it is to be shipped.  Note that the form it is to be shipped in may differ from the form in which is was received as product or its form at its point of generation as a hazardous waste.  If by this test the Flash Point is greater than -7°C (20°F), then a second test shall be made by the procedure described in §173.120(c)(2) which is too complicated for me to describe here.

4.  And one final thing:  for Flash Point determinations by Setaflash closed tester, the glass syringe specified need not be used as the method of measurement of the test sample if a minimum quantity of 2 mL (0.1 oz) is assured in the test cup.

These are just the regulations of the US DOT pertaining to the determination of one class of hazardous material:  Flammable and Combustible Liquids.  There are many more, and you must be familiar with all of them if you ship or receive hazardous materials in any quantity, including hazardous waste.  My one day of training addresses the regulations of both the US DOT and the US EPA, it will help you to properly classify your hazardous materials and identify your hazardous waste.  Contact me to schedule the right kind of training for you.