I don't know?

WHAT’S GOING ON ? 

The 40 CFR Environmental Protection Agency (EPA) Hazardous Waste e-Manifest website regulations are not a road or a path you follow, they are more like a quilt. Small pieces and patches of requirements from different sections of regulations that must be stitched together.

 Sew, with the help of Luke (a longtime client), Jeff (a contemporary), Bryan (EPA), Linda (a longtime client), then Luke along with Jennifer at the Pennsylvania Department of Natural Resources (PADNR), and the material in the Federal Register Reprint Service, here’s what Lisa helped me put together.

Visit Frequently ask questions about e-manifest.

Register, as all large and small quantity generators must be registered with RCRAInfo. This will enable generators to access and maintain final hazardous waste Treatment Storage Disposal Facility, (TSDF) manifest acceptance copies online.

Visit: Reporting and Fee Collection Division and RCRAInfo for registration instructions.

Continue using the current five form paper or online manifests and mailed reports until December 1, 2025, even after the new e-manifest system, with its four form manifests and its new online Exceptions, Discrepancies, Unmanifested Waste and Export Reports is up and running.

Read the Final Rule

Start using, upon approval, either the new four form paper or online hazardous waste manifest, and the online filing of the Exceptions, Discrepancies, Unmanifested Waste and Export Reports into the e-manifest system. You can also continue using the current five form paper or online hazardous waste manifest, until December 1, 2025 at your discretion.

Open The EPA E- Manifest Website

 Stop, using the current five form hazardous waste paper form and online manifests on December 1, 2025, then begin submission of the paper or online four form hazardous waste manifest. In addition the paper Exceptions, Discrepancies, Unmanifested Waste and Export Reports will no longer be accepted by mail.

FREE DOT EPA OSHA Federal Register Reprint Service

Print, or provide a paper copy of the EPA hazardous waste manifest, to the transporter’s driver, for use as the 49 CFR Department of Transportation, (DOT) hazardous material shipping paper regardless of which manifest is used.

 Luke, after IATA Dangerous Goods training, was the first to ask me “What’s going on with the manifest?” I said, "I don't know, What’s going on with the manifest ?” So Lisa, upon being informed of my ignorance, immediately gathered the new e-manifesting requirements from her federal register updates and sent them off to Luke.

Bryan at EPA, was next (helpful, friendly and forthcoming), he was listed as the contact in the Federal Register. He helped me to better understand evolving procedures and the timelines for the new four form e-manifest’s approval. Linda, a close and nearby client, furnished us with a few more pieces or patches with her e-manifest experiences and anticipated e-manifest system concerns.

Luke and Jennifer at PDNR from start to finish furnished their insights and offered to answer written questions if needed.

  It seams, sometime before December 1, 2025,  EPA will be removing Form 3 or the “Designated Facility Copy” from the waste manifest and begin accepting online Exceptions, Discrepancies, Unmanifested Waste and Export Reports as the reports will no longer be accepted by mail after that date. 

However, generators may continue to use the online and paper O.G. 5 form manifest, until December 01, 2025 or the online or paper four form manifest once approved. 

My wife Erin is an accomplished quilter. Me, I’m more of a blanket guy, as in “Pigs in a Blanket”. If you have any questions, concerns or comments, please reach out, 

2024/2025 Hazardous Materials, Substances and Wastes Compliance Guide

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Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs
hazmat.tsp@gmail.com 
Text me at 610-587-3978 

TRUST ME?

TRUST ME?

Whenever you decide to go over a 49 CFR Department of Transportation(DOT), Pipeline and Hazardous Material Safety Administration(PHMSA), United Nations(UN), specification hazardous material or waste container with shrink wrap or straps to protect, secure and consolidate, you have now prepared an overpack, so make sure you hold up your end of the bargain.

Most people don’t see the overpack exception, as an exception. DOT never requires shippers to overpack authorized containers, ever. It’s a favor that you’re asking of the carrier or transporter and the DOT inspectors. You’re asking them for trust. 

When two containers are required, both inner and outer, it's a combination packaging, not an overpack. Package markings are visible on combination containers as the outside container is required to bear the manufacture marks in 178.502 and 178.503.

If you place eight combination boxes containing bottles of Acetone onto a wooden pallet, in most cases, you would strap or shrink wrap the boxes onto the pallet to protect and prevent the boxes from sliding off the pallet during transportation. 

 Strapping or banding eight combination packagings onto a pallet is definitely an overpack as the straps would go over the UN/DOT boxes. Although I doubt those two inch wide straps or bands would obscure the proper shipping name, Acetone, the UN1090, the Class 3 Flammable Liquid label or the manufacture marks ( ie; 4G/Y145/S/83/USA/RA ) on every box, at this point, I believe the above overpack would meet all of the requirements in 173.25 by doing absolutely nothing further to the packaging.

Unfortunately, if you were to heavily shrink wrap or band pieces of cardboard around those boxes onto a pallet and you could not see the UN/DOT manufacture specification container marks on the UN 4G fiberboard boxes, as it was covered or obscured, the shipper and generator would now be required to put all of Part 172 Hazard Communication 172.300 marks and 172.400 labels on the shrink wrap in addition to the OVERPACK mark. This would certify that the containers with the obscured manufacture marks were authorized under the Subchapter C Hazardous Material Regulations(HMR).

A third type of overpack would be to put four combination containers of acetone into a non-DOT/UN specification cardboard box, for convenience and protection from damage during shipment. 

The proper shipping name, Acetone, the UN number, UN1090, the Class 3 Flammable Liquid label and the OVERPACK mark in 173.25, would be required on the non-DOT/UN specification cardboard box. That would assure that the shipper was using the correct DOT/UN containers.

Asking someone to trust you by putting the overpack mark on the container is a favor. It’s an exception, if I were a carrier, I’m not sure if I could trust all of my shippers or generators in every single case. Just because the packaging displays the OVERPACK mark, if you can’t see container marks, how do you know they’re the proper containers?

You’re not only asking the carriers and inspectors to trust that you’re using UN specification containers, in addition you’re asking them to trust that you know how to pick the proper ones. 

That’s a lot of trust.

Don’t hesitate. Always appreciate your input, reach out if you have any questions or concerns. For example, I was corrected for using  “packaging groups” as opposed to “packing groups” in a recent blog.  These words really do matter, thank you. 

I can always trust you to keep me honest. 

Robert J Keegan 
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc
610-587-3978
Hazmat.tsp@gmail.com 

COFFEE AND CIGARETTES

COFFEE AND CIGARETTES  

Caffeine, nicotine and uncooked kidney beans are all poisonous. Nicotine is one of the world's oldest pesticides. Neonicotinoids are synthetic systemic insecticides chemically related to nicotine used for mite and aphids suppression. 

Nicotine’s lethal dose might be as little as between 30 and 60 mg/kg, believing popular educational textbooks, medical journals and safety data sheets.

It’s a guess, as there are no documented tests on humans using the Department of Transportation (DOT), or the Occupational Safety and Health Administration (OSHA), LD50 testing criteria on nicotine, in which over 50% of the test animals die within 14 days of oral, dermal or inhalation exposure.

All pure chemicals have been tested. So there is no need to test pure chemicals. 

Nicotine, a Division 6.1 poison/toxic material, when introduced to hydrochloric acid, a Class 8 corrosive, both  DOT 49 CFR hazardous materials, and other chemicals, will convert into niacin. Niacin, also known as vitamin B-3, converts food into energy, essential for the health of your nervous systems, digestive systems and skin. You can find Niacin(B-3) in red meat, poultry, fish, brown rice, nuts, seeds, legumes and bananas, often added to cereals and breads. 

DO NOT MAKE COFFEE AGAIN BEFORE READING “JOE” 

When shipping pure chemicals, classification is made by its proper shipping name and identification number found in 172.101 the Hazardous Materials Table or the OSHA Safety Data Sheet information in Section 2 (Identification) and 14 (Transportation). All the DOT hazard classifications can be found in 29 CFR Section 1910.1200 in Appendix A Health Hazards or B Physical Hazards, 

UN1654, NICOTINE, 6.1, PG II

Page DOT 271 of the 

2024/2025 Hazardous Materials,Substances and Wastes Compliance Guide

The Department of Transportation alphabetically lists nicotine by proper shipping name in column # 2 of the 49 CFR 172.101 Hazardous Materials Table as a Packing Group II, Division 6.1 Poison or Toxic material. Unfortunately, there are multiple nicotine compounds listed and packing groups. 

A question arose about poisonous mixtures, Is it still a poison? Upon contact with the DOT Hazardous Materials Hotline about mixtures containing Division 6.1 poison/toxic materials, the specialist seemed to agree that the formula in Section 173.132(c) should be consulted, when poisons are mixed with other hazardous or non-hazardous materials. They could not find a Letter of Interpretation (LOI), on the subject.  

UN1655, Nicotine compounds liquid, n.o.s. 6.1, PG I, II and III

UN1656, Nicotine compounds solid n.o.s. 6.1, PG I, II and III

 The Hotline did suggest, upon the question, that if there were any discrepancy with your mixture’s hazard classification, packing group or subsidiary hazards, during a serious regulatory compliance enforcement issue that DOT might, (head to the pet store), to bring out the animals.

 Incidentally, more recent data indicates that 500 mg/kg might be a more accurate LD50 for nicotine.

Thank you.
Robert Keegan
Publisher and President
Hazardous Material Publishing Company
Transportation Skills Programs Inc
keegan743@gmail.com
610-587-3978

Drone On

I Have A Drone Problem Too

One of many speculations links recent drone activity on the East Coast to the Department of Transportation, 49 CFR Hazardous Material Regulations. Apparently, there is word going around that a shipment of radioactive medical equipment was received at a disposal facility in New Jersey, the container breached, and contents missing.

The DOT Hazardous Material Regulations clearly state in Section 171.15, after a hazardous material incident, an unintentional release of a radioactive hazardous material in addition to when someone is killed or hospitalized, must be reported by phone to the National Response Center within 12 hours of discovery. This would be followed by a written report (Form F 5800.1) to the Department of Transportation within 30 days, under Section 171.16.

When you think about it, it’s not too far-fetched. Not because the displaced material presents an “immediate danger to life and health”, I’m not sure it does. But it would give the authorities the opportunity to test out covert surveillance apparatus. If there was suspicion or the threat of an unintentional radioactive release or terrorist event, in the panic, it would be difficult for authorities to carry out a door-to-door search. The solution, drones.

Since more illegal and intrusive government surveillance has been done on our computers and cell phones in the past, it certainly is a possibility.

 It would also be a good way to gauge the public's reaction to this obvious affront. At the same time, test any new types of surveillance information technologies for explosives, infectious substances and poison gas detection during both intentional and unintentional releases, who knows even tiny airborne particles of DNA for tracking perceived criminals, terrorists or bloodlines, capabilities that are not yet available to our distant, orbiting military and intelligence satellites.

Probably the biggest benefit to the government might be the fear it instills in the general public, inciting the need for even more intelligence and surveillance funding. What if the detection apparatus, in conjunction with the drones themselves, pose more of a personal and physical threat than the elusive object or individual? The only thing that I know for sure is that you won’t be making that decision.

I had a drone problem in one of my recent seminars. We always try to finish the seminar at the promised time so that people can make their plans for the evening. However, we received a text late in the day from one of our attendees, concerned the seminar would run over per the fact I seemed to just drone on and on. For this, I apologize. This intelligence was highly valuable, and in the future, we will do better in our surveillance of the time. 

Thank you. 

2024/2025 Hazardous Materials, Substances and Wastes Compliance Guide

from $120.00

Robert J Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc
keegan743@gmail.com
610-587-3978 text

It's A Gas But no Joke

Did you hear the one about the gas that thought it was an aerosol?

It had its head in the clouds.

When it comes to aerosol cans of spray paint for tagging and small containers of non-poisonous gas, like butane for refillable lighters, most shippers don’t realize the Department of Transportation’s (DOT), Pipeline and Hazardous Materials Safety Administration (PHMSA) and the airlines have different regulatory requirements.

 In most cases, DOT reluctantly will eventually adopt United Nation (UN) Dangerous Good Regulations (DGR) or as I like to say “recommendations”  into their 49 CFR Hazardous Material Regulations (HMR). But with aerosols they seem to have dug in their heels. For years if you called the DOT Hotline at 800-467-4922 and you were willing to press them they would admit that 49 CFR 173.306 could be confusing and misleading.

The (PHMSA) has always acknowledged their regulations are not truly harmonized with The United Nations Dangerous Goods Recommendations, (DGR) or the International Air Transport Association (IATA).

The PHMSA (DOT) defines an aerosol in § 171.8 “as an article consisting of any non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder, and fitted with a self-closing release device allowing the contents to be ejected by the gas.”

The United Nations (UN) Model Regulations define an aerosol “as an article consisting of a non-refillable receptacle containing a gas, compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder, or in a liquid or gaseous state.” 

 In the air carrier’s International Air Transport Association (IATA) Recondations a small can of compressed butane gas for a refillable cigarette lighter, is an aerosol. However, DOT does not consider small cans of compressed gas like butane, to be aerosol cans even though they are shipped as Class 2, Division 2.1 and 2.2, Compress Gases under the same exceptions as the aerosol, in DOT Hazardous Material Regulations, (HMR) 49 Code of Federal Regulations (CFR) Section 173.306. Which is authorized when shipping names reference this number in column 8 of the 172.101 hazardous materials table.

Regardless of air or ground, there are other concerns when shipping aerosols as they are restricted in size. Once over the container capacities for aerosol, they are shipped as gases under the shipping name Chemical under pressure, n.o.s..Be aware, under IATA there are more shipping names and hazard class options when shipping these limited quantities by air.

One of the lessons that I’ve learned in my life, 

“It’s not what you do, it’s where you are when you do it”. 

Robert J Keegan
Hazardous Materials Publishing Company
Transportation Skills Programs Inc
hazmat.tsp@gmail.com
610-587-3978 call or text

2024/2025 Hazardous Materials, Substances and Wastes Compliance Guide

from $120.00

Price per Quantity: Select Price per Quantity 1-5 Books ($135 Per Book)6-10 Books ($130 per Book)11-24 Books ( $125 per Book)25-50 Books ($120 per Book)

Quantity:

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