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

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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

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DON’T PUT A LABEL ON ME!

IT’S A COMBUSTIBLE SITUATION

We are all getting less. Companies don’t charge more, they just reduce the amount they use to provide. It's called Shrinkflation. Chocolate bars from 100 to 90 grams, breakfast cereal boxes the same size, less contents. Toilet paper rolls have less sheets. Household cleaning solutions and laundry detergents packaging contain less liquid.

So too, as with the 49 Code of Federal Regulations, (CFR) Department of Transportation, (DOT) Pipeline and Hazardous Material Safety Administration, (PHMSA) Hazardous Materials Regulations (HMR) who is allowing shippers of hazardous materials and waste to reduce the size of the Class 3 Combustible Liquid placard for use on Intermediately Bulk Containers, (IBC’s) and Portable Tanks.  

Combustible liquids are defined by the DOT as liquids that have a flash point at or above 100°F (37.8°C) and below 200°F (93.3°C). The flash point of a liquid is the lowest temperature at which it can vaporize to form an ignitable mixture in air near the surface of the liquid (per ChatGPT). 

 If the new smaller combustible liquid placard were a combustible liquid label there would be no need for the revision as PHMSA already authorizes the use of labels on IBCs in place of placards per 172.514(c).

There is a lot of misunderstanding around combustible liquid regulations as the international community does not regulate combustible liquids, unless they flash above 100°F up to 140°, but as Class 3 Flammable Liquids.  When they flash over 140°F up to 200°F neither the United Nations, (UN), the International Maritime Organization (IMO) or the International Civil Aviation Organization,(ICAO) recognize domestic DOT combustible liquids as dangerous goods, because of their extremely high flashpoints, only DOT. 

 If a liquid flashes between 100°F and 140°F it could be flammable or combustible. But, if it flashes above 140°F up to 200°F in a bulk container, it is only combustible (per DOT).

Add to the confusion, DOT allows the reclassification of both bulk and non-bulk containers of flammable liquids flashing above 100°F, to combustible liquids under 173.120(b)(1) and 173.150(f)(2) based on the prior combustible definition. The PHMSA does not regulate non-bulk containers of combustible liquids. That’s why there’s no combustible label under 173.150(f)(2), only the combustible placard for bulk containers. 

 PHMSA has also revised 172.514(c)(1) and (4) to allow portable tanks containing combustible liquids to be placarded with a combustible placard that meets the label size specifications in 172.407(c).

Your UN/ID Identification number options are on the orange panel, inside the placard, or on a square on square point. Unless you meet the marking requirements in 172.301(a)(1), for non-bulk container markings, which would then include the proper shipping name, in addition to the UN/ID identification number.

Don’t use the new smaller label size combustible liquid placard on your trucks or trailers as they are not authorized. The IBC’s and portable tanks can use the label size combustible liquid placard with the proper shipping name and UN/ID Identification number on two opposite sides, however all four sides of the truck would be required to have the full size combustible liquid placard under 172.504(a) and the UN/ID Identification numbers under 172.302 (b).
 To be sure some people will wrongly believe that there is a new combustible liquid label and that DOT has started to regulate combustible liquids in non-bulk containers. Download the final rule and check the federal register regularly to prepare for any proposed and final rules in the future. If you have a comment or input on my blogs, a question about hazardous materials, hazardous wastes or hazardous substances regulations please feel free to contact us and we won't charge you at all.

Thank you for your support.

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