Reportable Quantity

Q&A: Is a 55-gallon drum of waste gasoline also a reportable quantity (RQ) of a hazardous substance?

Question:

I’d like to commend you for the great Q&A on your website. I have referred others to answers on HW and HM Qs over the years, as you always do a great job of explaining why something does/doesn’t apply. I saw your answer that there is no RQ for gasoline as an HM: Q&A: How much diesel fuel is a reportable quantity (RQ) of a hazardous substance?, but what about when it’s waste gasoline? As it carries a D001 waste code it seems like it would apply in cases where it exceeds the D001 threshold (100 lbs).

Answer:

Thank you for contacting me. You are correct, as a hazardous waste with the D001 waste code, gasoline could be a RQ of a hazardous substance. In that case though the RQ applies to the D001 and not to the gasoline.

Please see below for clarification:

  • As documented in the above-referenced article, the definition of hazardous substance at 49 CFR 171.8 of the USDOT/PHMSA Hazardous Materials Regulations specifically excludes petroleum and related substances:Hazardous waste container

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).

  • Gasoline and diesel as a petroleum product are excluded from consideration as a hazardous substance and therefore can’t have a reportable quantity (RQ).
  • However, the list of hazardous substances at Appendix A to § 172.101—List of Hazardous Substances and Reportable Quantities includes the USEPA hazardous waste code for Ignitability (D001) with a RQ of 100 lb.
  • It is quite likely that gasoline as a waste for disposal will have the Characteristic of Ignitability and the D001 waste code. It is less likely – though possible – that diesel fuel as a waste will have the Characteristic of Ignitability and the D001 waste code.
  • As noted above, the reportable quantity (RQ) of D001 in a single container is 100 lb. Therefore, if a single container we
Q&A: How much diesel fuel is a reportable quantity (RQ) of a hazardous substance?

Q&A: How much diesel fuel is a reportable quantity (RQ) of a hazardous substance?

Question:

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.

Read: What are Flammable and Combustible Liquids?

  • 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.

Q&A: When does a spill or leak become ‘reportable’?

An interesting aspect of a business like mine is its international application.  This question came from a university professor in South America.

Hi Daniel.

In a group of Hazardous Materials from emergency services a friend ask this:

“Seeking some guidance on policies relating to cost recovery for manpower and materials used in hazmat response to responsible parties. To fine tune it, when does your agency begin the process? Is it by gallons/ material, local environmental codes ordinances, or other. Any advice would be of great assistance.”

Can you bring us some advice about this?

Thank you.

My reply about a week later on November 20, 2017:

I will do my best to answer you questions and provide you with information.  Please note that my areas of expertise are the regulations – international and domestic – for the transport of HazMat/dangerous goods and the domestic regulations for the management of hazardous waste.

I understand your question for me to be: “When must emergency response agencies be notified of a spill or leak?”  Put another way: “When does a spill or leak become ‘reportable’ under the regulations?”
  • USEPA regulations under CERCLA and EPCRA identify hazardous substances and extremely hazardous substances and the notification requirements when either have been involved in a release above their reportable quantity (RQ).  Read:  Reporting Releases of Hazardous Substances and Extremely Hazardous Substances
  • PHMSA/USDOT regulations specifically include a hazardous substance in the definition of a hazardous material.  Read:  What does PHMSA/USDOT define as a hazardous substance?
  • Anyone witnessing an oil spill, chemical release or maritime security incident should call the National Response Center NRC hotline at 1-800-424-8802.
  • PHMSA/USDOT regulations require two different types of HazMat incident reporting:  an immediate report and a written report.
  • Any person in charge of an onshore or offshore facility must notify the National Response Center (NRC) immediately after he or she has knowledge of the discharge.  Oil discharges that reach navigable waters must be reported to the NRC at 1-800-424-8802 or 1-202­-426-2675.
  • Notifications to state environmental or emergency response agencies vary by state.  Some require notification if a release is above a certain volume threshold (e.g. 25 gallons).  Others require notification if a spill comes within a certain distance of a navigable waterway.
  • There may also be notification requirements of a county or city.
  • A region surrounding a body of water (e.g.  Puget Sound, Chesapeake Bay) may require notification in the event of a spill or release.
  • A Publicly Operated Treatment Works (POTW), aka: sanitary sewer district will likely require a report to be submitted to it if a ‘slug’ or unpermitted contaminant enters its sanitary sewer.

I hope this helps.

Please don’t hesitate to contact me if you have any other questions.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

That must have done it because I didn’t hear from him again.  Though not central to my main focus on HazMat transportation and waste management, the regulations of EPCRA, CERCLA and related emergency response and reporting falls within the scope of USDOT HazMat Employee training and USEPA Hazardous Waste Personnel (RCRA) training.  I’m glad I had the knowledge to be of assistance to this person.

FAQ: Copper Chloride (UN2802) as a Hazardous Material

A question I received May 1, 2015 from a business associate within the community of hazardous material Shippers, Carriers, and Destination Facilities:

Hey Dan,

At work we had a discussion and really could not come to a conclusion.
I would like your input when you have a few moments.

  • A customer has 1 pound of copper chloride to dispose of.
  • We put it in a labpack for shipping.
  • Copper chloride is in 172.101 as UN2802, copper chloride, 8, III
  • But it is shown in column 1 with the RQ symbol.
  • The RQ for copper chloride is 10 lbs with the @ symbol (not significant).

My understanding is that since we are shipping less than an RQ, the shipment is not subject to 49 CFR.

If I am correct, please cite the relevant regs.

If I am incorrect, please let me know how.

Thanks very much.

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/
My reply on May 8, 2015:

First some clarification and my assumptions:

  • Since it is being sent for disposal, the copper chloride is a solid waste and possibly a hazardous waste per the regulations of the USEPA if it is either Listed or exhibits a Characteristic and is not otherwise excluded from regulation.
  • Copper chloride is identified by its technical name in column 2 of the Hazardous Materials Table (49 CFR 172.101) as a proper shipping name:

Hazardous materials table entry for copper chloride

  • Copper chloride is identified as a hazardous substance with a reportable quantity of 10 lbs (4.54 kg) in Table 1 of Appendix A to the hazardous materials table:

Hazardous substance table entry for copper chloride

  • I agree that the @ symbol does not impact copper chloride’s classification.
  • Copper chloride is also identified as a severe marine pollutant (PP) in Appendix B to the hazardous materials table:

Marine pollutant table entry for copper chloride

However, pursuant to 49 CFR 171.4(c) a marine pollutant is not subject to the HMR when transported by motor vehicle, rail car, or aircraft in a non-bulk packaging.

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My answer to your question:

I believe the copper chloride must be shipped as a hazardous material (i.e. it is subject to 49 CFR) because it is designated as hazardous in the hazardous materials table at 49 CFR 172.101 (see earlier in this article).  Its status as a hazardous material can be confirmed by determining if it meets the definition of a Class 8 Corrosive as is indicated in column 3 of the hazardous materials table.  If so, it is a hazardous material no matter if it is a Reportable Quantity of a hazardous substance or not.

I hope this helps.  Please don’t hesitate to contact me with any other questions.

I didn’t hear again from this person on this topic so I assume my answer was satisfactory.  I wouldn’t mind hearing from you, though.  So please contact me with any question you may have about the transportation of hazardous materials or hazardous waste.  I won’t use your letter as an article unless you approve.

Q&A: Transportation of Transformer Oil with PCBs

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.

Pre-printed label used to identify a PCB WasteDid 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):

Entry for PCBs in Hazardous Materials Table

 

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.

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/

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.