Daniel: I just had a question asked to me about reportable quantities. They asked what the reportable quantity for diesel fuel was as well as gasoline. So I went to the Hazardous Materials Compliance Pocketbook to Table 1 but could not find anything around fuel. They claim its 10 gallons, I looked it up and it was 25gal. according to the internet but that does not help me as far as the HAZMAT/Safety guy around here and you always seem to know that type of stuff. Can you give me an explanation of why it is not in there? It is listed under flammables in the Hazardous Materials Table.
I have to be missing something and really off on the wrong track here so I obviously do not know where to go from here.
Answer:
Please see below.
Neither gasoline nor diesel fuel are identified by name in the hazardous substances table (appendix A to 49 CFR 172.101). Therefore, those hazardous materials are not hazardous substances.
Note: the Hazardous Materials Compliance Pocketbook is a good source of information, but it is a guidance document made and sold by JJ Keller. It is no substitute for the Hazardous Materials Regulations.
Components of both diesel fuel, (e.g., naphthalene) and gasoline (e.g., benzene) are identified by name in the hazardous substances table and may, by themselves or in other solutions, be a hazardous substance.
However, the definition of hazardous substance at 49 CFR 171.8 reads:
The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in appendix A to § 172.101 of this subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
Both gasoline and diesel fuel are considered to be, “…petroleum, including crude oil or any fraction thereof…” and neither are, “…specifically listed or designated as a hazardous substance…”. Therefore, neither may be a reportable quantity of a hazardous substance regardless of their composition or quantity.
Both gasoline and diesel fuel are identified by name in column 2 of the Hazardous Materials Table and will, in most cases, meet the criteria for a Class 3 Flammable (gasoline) or Combustible (diesel fuel) liquid. Therefore, both gasoline and diesel fuel will usually be a hazardous material.
The term hazardous material is also defined at 49 CFR 171.8. There it indicates the term hazardous material includes a hazardous substance.
In sum: neither gasoline nor diesel fuel are a hazardous substance, but both will likely be a hazardous material.
I suspect the claims of an RQ or 10 lbs or 25 lbs is based on the threshold reporting quantities of other regulations (those of the Clean Water Act) or other agencies (perhaps state agencies have established threshold quantities that require reporting in the event of a release). Regardless, those other regulations have no impact on the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
I hope this helps. Please contact me with any other questions.
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.
Yes. Unless the flash point of the diesel fuel is greater than 93 degrees C (200 degrees Fahrenheit) it will be classified by USDOT as a Class 3 Combustible Liquid.
A tank trailer (cargo tank) with a capacity of 1,000 gallons is a bulk packaging.
As you are no doubt aware if the vehicle must display placards then the driver must have a CDL with the HazMat endorsement.
Even if the display of placards is not required, anyone involved in the transport of a hazardous material must receive USDOT HazMat Employee Training every three years.
Drivers of motor vehicles transporting HazMat must receive Driver Training in addition to HazMat Employee Training.
I hope this helps. Please contact me with any other questions.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Grateful but with some clarification still necessary:
Thank you very much
We didnt know if it was the size of the container or the quantity @ 118 gallons was the tipping point from ok to move tank vs haz mat and all safety to be followed.
Thanks again
And me with some final guidance:
I understand the confusion. A bulk packaging is defined by the capacity of the packaging, not what it actually holds. The threshold for a bulk packaging is one with a capacity of more than 119 gallons.
Please let me know if I can be of any further assistance.
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.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
