A question from a concerned truck driver (01.10.18):

I drive lube truck and carry 600 gal go new oil and 400 gal used oil in <<state>> and surrounding states my company told me to remove placards saying not needed. I am questioning them and can’t find answer if I am legal.

My answer (01.10.18):

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

A question from a past Onsite Training customer (4.20.15):

Daniel,

I have a question. We need to ship out a sample approximately a quart of transformer oil which contains 550 ppm PCBs. If the material is below the RQ value (see enclosed letter), what type of labeling is required, or does it since it’s below the RQ value?

My reply that same day:

I will take a look at it and get back to you.

Turns out he didn’t need the information after all (4.20.15):

No problem, I found out that my lab can do the testing, so I don’t have to ship the material out.

Did that stop me?  No!  (April 22, 2015):

Not sure if you require this information any more, but here goes:

A PCB oil is only a hazardous materials subject to USDOT regulations in transportation if there is 1 lb or greater of PCBs in a single packaging. 1 quart at 550 ppm would be well below 1 lb of PCBs, therefore it is not a HazMat when transported.

A PCB oil of this concentration would be subject to TSCA regulations of which I am not very familiar.

I hope this helps.

Dan

Wait, how did you know that?

First of all, let’s look at the entry for PCBs in the Hazardous Materials Table (49 CFR 172.101):

So, you’d think that PCBs are a hazardous material when offered for transportation and that my response to my customer was wrong.  But…you’d say that before looking up the meaning of Special Provision 140 in column 7, which reads:

This material is regulated only when it meets the defining criteria for a hazardous substance or a marine pollutant…

So, is it a marine pollutant?

PCBs are identified on the marine pollutant list at Appendix B to 49 CFR 172.101, but to be regulated as a marine pollutant it must also offered for transportation by vessel or transported in a bulk packaging, neither of which is the case here.

Is it a hazardous substance?

No, because a Reportable Quantity of PCBs is 1 pound, as I described in my email of 4.22.15, the volume of oil and concentration of PCBs put it well below this amount.

There you have it.  While the amount and concentration of PCB oil considered for transportation was not a hazardous material, a different packaging and volume might be.  Be sure to carefully research the Hazardous Material Regulations of the PHMSA/USDOT before you send that sample to the lab.

Or, contact me to answer your questions or to provide HazMat Employee training.

This is how the release was reported on the WSBT website:

With the accompanying text:

Read the article yourself here:  Crews Respond to Hazardous Materials Leak Behind Lowe’s in South Bend

A leak of some sodium hydroxide.  Seems pretty simple, right?  But a close look at the picture and text of the article gives me pause.  I believe there is the potential for a violation of the Hazardous Material Regulations of the PHMSA/USDOT, and it’s not the leak.  Read the original article closely then see what I can discern from it.  After you’ve read my article tell me if you think I got it right or not.  What I intend to do here is compare the available information to the applicable regulations (the HMR) and then provide my conclusion. (more…)

UPDATE 2/6/2014 2:45 PM ET: According to MPCA spokeswoman Cathy Rofshus, “The MPCA directed the railroad to begin cleanup actions Feb. 6, starting in Winona, where there is more oil in the snow between the tracks because the train had slowed. This cleanup is still underway today. Other areas of spillage are far less oiled and cleanup is not feasible — AT THIS TIME — for considerable lengths of the track. However, these areas will continue to be monitored and reassessed through the thaw and additional cleanup done if necessary.” The headline of this piece has been adjusted accordingly.

An oil train sprung a leak while traveling through southeastern Minnesota Monday, dribbling 12,000 gallons of crude oil over a 68-mile stretch of track. The spill was relatively small, but because of the way it spread, officials at the Minnesota Pollution Control Agency said they won’t be able to clean it up.

“It’s like it spray-painted oil,” MPCA spokeswoman Cathy Rofshus explained. She added that the amount leaked was about half the oil contained in a single tanker car. It was nothing, in other words, like the 1.5 million gallon spill that occurred when a train derailed in Lac-Mégantic, Quebec, this past July, killing 47 people.

And it was but a small contribution to the increasing amount of oil being spilled from trains in general: including over 1.15 million gallons in 2013, more than the combined amount spilled over the past four decades of federal record-keeping. Such “mishaps,” according to Bloomberg News, are more likely to occur on trains, while the amount spilled by pipelines, when leaks do occur, tends to be much greater.

Two questions need to be answered about the above incident:

1. Is the oil being transported by rail a hazardous material as defined by the USDOT?  Refer to the definition at 49 CFR 171.8 for an answer.
2. If it is a hazardous material, then did the carrier inspect all the rail cars prior to accepting them for transportation as is required by 49 CFR 174.9(a), which reads:

At each location where a hazardous material is accepted for transportation or placed in a train, the carrier must inspect each rail car containing the hazardous material, at ground level, for required markings, labels, placards, securement of closures, and leakage. These inspections may be performed in conjunction with inspections required under parts 215 and 232 of this title.

If you are involved in any stage of the transportation of a hazardous material as a Shipper (0r Offeror), a Carrier, or as the destination facility (receiver) you must comply with the Hazardous Material Regulations of the PHMSA/USDOT which includes a requirement to provide triennial training for all HazMat Employees.  Don’t hesitate to contact me for HazMat Employee Training, RCRA Hazardous Waste Training or any questions about your training needs.

A Shipping Paper is defined at 49 CFR 171.8 as:

Shipping paper means a shipping order, bill of lading, manifest or other shipping document serving a similar purpose and prepared in accordance with subpart C of part 172 of this chapter.

So what is it, exactly…?  A bill of lading?  A Uniform Hazardous Waste Manifest?  A shipping order?  A shipping document?  Half a page of scribbled lines?

Yes to all.

As far as the USDOT/PHMSA (the Pipeline and Hazardous Materials Safety Administration, the administration within US DOT responsible for hazardous material transportation) is concerned a shipping paper is a document whose purpose is to provide information about a material (hazardous or non-hazardous) when in transportation.  The USDOT/PHMSA doesn’t care (their own words) what the shipping paper looks like, what format is used, or whether it is printed by machine or by hand.

Now, if you are transporting (a carrier) or offering for transport (a shipper) a hazardous material (HazMat) in commerce, then the USDOT/PHMSA requires the shipping paper to meet its requirements at 49 CFR, Subpart C.  Even in this case, the USDOT/PHMSA does not require a specific type or form of shipping paper.  You may create your own, even write one up by hand, as long as it meets the requirements of §172, Subpart C.

There are some hazardous material shipments that require a specific type of shipping paper; such as the transportation of a hazardous waste for which the US Environmental Protection Agency (USEPA) requires a Uniform Hazardous Waste Manifest.  Or a bill of lading which is required pursuant to the regulations (49 CFR 375.505) of the Federal Motor Carrier Safety Administration (FMCSA, another administration within the US DOT).  In both cases however, the use of a specific form is required by an agency other than the USDOT/PHMSA.

Whatever its appearance, the regulations of §172, Subpart C are specific about what information must be included on a hazardous material shipping paper.  My HazMat Employee training covers these requirements and where you must go to get the information.  Contact me to discuss your HazMat transportation requirements.