HazMat Exception

US DOT Exception for Combustible Liquid Hazardous Materials

You may be familiar with several hazardous materials such as diesel fuel or kerosene that, depending on their formulation, may have a slightly higher flashpoint than more obvious flammable liquids such as gasoline.  However, you may not be aware of the exclusion from full regulation that is allowed for these high-flash materials and how it may be of use to you.

A combustible liquid is defined at 49 CFR 173.120(b)(1) as any liquid that does not meet the definition of any other hazard class and has a flash point of >60˚C (>140˚F) and <93˚C (<200˚F).  A flammable liquid is defined at 49 CFR 173.120(a) as a liquid with a flash point ≤60˚C (≤140˚F), or any liquid in bulk packaging with a flashpoint ≥37.8˚C (≥100˚F) that is intentionally heated and transported above its flashpoint (some exceptions).

There are great advantages to shipping a hazardous material as a combustible liquid instead of as a flammable liquid which will be addressed later.  However, what are you to do if the flashpoint of your hazardous material is ≤60˚C (≤140˚F), thus making it a flammable liquid by definition?  Do you have no choice but to ship it as a flammable liquid?  Not necessarily; there is a regulatory exemption [see 49 CFR 173.150(f)] that allows you to reclassify and ship a flammable liquid as a combustible liquid.  To do so, your flammable liquid must meet the following conditions:

  • Doesn’t meet the definition of any other hazard class.
  • To be transported within the U.S. only.
  • Has a flashpoint of ≥100˚F and ≤140˚F. Click here for an illustration of these temperature ranges.
  • To be transported by rail or highway.
  • Is not a flammable liquid that is also an elevated temperature material that has been intentionally heated and is transported above its flashpoint.

Like this article?

Subscribe to my Monthly Newsletter

No marketing emails!

If you are able reclassify your flammable liquid as a combustible liquid, you must research further to see which of the two following options are available to you.

Option 1:

If the combustible liquid is in a non-bulk package and is not a hazardous waste, hazardous substance, or marine pollutant; then it is not subject to any of the Hazardous Materials Regulations.

Option 2:

If the combustible liquid is in a bulk package or is a hazardous waste, hazardous substance, or marine pollutant; then it is still subject to the following requirements of the HMR:

  • Shipping papers.
  • Markings.
  • Placarding (if in bulk only).
  • Incident reporting.
  • The general packaging requirements of 49 CFR 173, Subpart B.
  • Triennial HazMat Employee training.
  • Emergency response information.

The only exceptions allowed in Option 2 then are those for package labeling and security plans, not as good as option 1, but better than nothing.

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/

Perhaps the combustible liquid exemption may be suitable for your operations, perhaps not.  If you are able to reclassify your flammable liquid to a combustible liquid and then use Option 1, you will see a significant reduction in your regulatory requirements and related costs.  In any event, knowing about this exemption and others can provide you with a more complete knowledge of the Hazardous Material Regulations.

US EPA and US DOT Regulations for the Handling and Transportation of Samples of Hazardous Materials and Hazardous Waste

Q:  I need to ship a small amount of our product (let’s say <1 gallon of a flammable solvent blend) from our distribution facility in Des Moines, IA to our QC lab in Akron, OH.  Our salespeople travel this route regularly by company car, can I have one of them transport this hazardous material?  What US DOT regulations must I comply with?

A:  Transportation of product of this quantity by motor vehicle over public roadways is acceptable under the Materials of Trade Exception to the Hazardous Materials Regulations (HMR).  You need only comply with the relatively simple requirements of 49 CFR 173.6.

Q:  OK, what about the same material shipped by a common carrier or UPS or the US Postal Service?

A:  You must follow all the requirements of the HMR for shipping papers, placards, labels, and markings.  The Materials of Trade Exception only applies if you are transporting your HazMat in your motor vehicle.  The Carrier or their industry group (the International Air Transport Association or IATA is a creation of the airline industry) may have additional requirements.

Q:  What if I need to ship the sample in order to determine its hazards, how do I select a proper shipping name, identification number, hazard class, packing group, etc?

A:  49 CFR 172.101(c)(11) states that except for certain materials, you as a Shipper may assign a tentative shipping name, hazard class, and ID # to a hazardous material (including a hazardous waste) based on your knowledge of its characteristics, the hazard precedence found in 49 CFR 173.2(a), and the hazard classes as defined in the HMR.  Some additional – relatively simple – compliance requirements are found at 172.101(c)(11)(iv), research these if you wish to use this exemption.

Q:  What if the material I want to ship for analysis is a waste and has the potential to be a hazardous waste?  What then?

A:  As noted above, 49 CFR 172.101(c)(11) includes hazardous waste.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Q:  Yeah, but what about the US EPA regulations for hazardous waste?  Have you forgotten about them?

A:  There are two US EPA exclusions from the full regulation of the Resource Conservation and Recovery Act (RCRA) for this type of material.  The first, found at 40 CFR 261.4(d) is for small (US EPA says <1 gallon) waste characterization samples collected and shipped solely to determine the hazardous waste characteristics or composition.  The exclusion applies to any stage of the process of sample collection, temporary storage, shipment, and analysis.  As long as you meet the requirements of the exclusion, the sample is not subject to the RCRA regulations for labeling, inspections, personnel training, on-site accumulation time limits, generator status determination, etc.  When shipping the sample you must either comply with the requirements of the US DOT or US Post Office (see above) or if there are none, the requirements of 40 CFR 261.4(d)(2)(ii).

The second exclusion, found at 40 CFR 261.4(e) is for treatability study samples as defined at 40 CFR 260.10.  Somewhat similar to the waste characterization sample exclusion already discussed, this exclusion is more narrow in its allowances and more strict in it requirements.  I suggest a close reading of this regulation if you wish to use this exclusion.  Like the waste characterization sample exclusion, the US EPA requires compliance with applicable US DOT and/or US Postal Service regulations, or compliance with the requirements of 40 CFR 261.4(e)(2)(iii)(B)(1-5) when it comes time for off-site shipment of the sample.  Anything else?