I AM A MAN OF SUBSTANCE

Money, influence and power, unfortunately no, Hazardous Substance. So, I’m pretty confident when I say to you, “when you know, then you go by the Department of Transportation, DOT hazardous materials chemical’s amount, if you don’t know, go by the Environmental Protection Agency, EPA hazardous waste codes”.

 I am talking about the 40 CFR, 302.4, EPA Hazardous Substance List, that was copied into DOT’s 49 CFR, Appendix A to the 172.101 Hazardous Materials Table, after it was charged by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to be use for identifying Hazardous Substances or Reportable Quantities in transportation, so that carriers would have the ability to notify the National Response Center  (NRC) when reportable quantity releases occurred in transportation.

The Department of Transportation has no specific requirements or authority to notify the NRC when “reportable quantities” are released. Only, “RQ” notations and identification requirements on EPA hazardous waste manifests, bills of lading and non-bulk containers. Which is accomplished by marking the letters “RQ” and the name of the chemical or waste code, or in the case of mixtures the top two of those, with the lowest reportable quantity values, in association with the required shipping information.

OK, 49 CFR 171.16, makes shippers and carriers submit a detailed hazardous material incident report in the event any amount of hazardous waste is released from a container during transportation. However, that notification is only to the Department and can be made as late as 30 days after the release, again only when discovered during transportation. The EPA 302.4 hazardous substance release report is only the beginning. Facility operators also should be aware that EPA’s Part 355  mandates notification when spills mitigate off your site, to the Local Emergency Planning Commission  and to 911 when they occur in transportation. 

Sorry, background, if you didn’t know. This blog is only really about which “RQ” amount should be used when shipping hazardous waste on manifests, because not only chemicals, but some waste codes, like D001 ignitable, have their “own” reportable quantities listed in “Appendix A”.

Acetone is a DOT Flammable Liquid, in Class 3,  because it flashes below 140 degrees, when shipped, but when discarded it could be a EPA listed spent solvent; F003, in 261.31 , in addition to; D001 in  261.21, (ignitable), which both share the same 100 pound, “RQ'' value. But then, unwanted off-spec Acetone, U002, in 261.33 and the product Acetone also both list a 5000 pound “ RQ”! So, what gives?

 So, is Waste Acetone’s “RQ” value 100 pounds or is it 5000 pounds?

If you know, then you go by the chemical’s amount in your waste container, if you don’t, go by the waste code’s “RQ” value. At least that's what I think this Letter of Interpretation on the PHMSA website says.

EPA ignitable hazardous waste U002, unwanted pure Acetone, is always a hazardous material when shipped, because it’s a EPA hazardous waste and a flammable liquid. But I’m pretty sure, it may not always be a hazardous substance unless you ship in bulk containers or tanks, when you know the chemical amounts. 

Note, when shipping by vessel or in any bulk container check out the 172.101 Appendix B, the List of Marine Pollutants, which are based on percentages in amounts of 1% to 10% for severe and non severe marine pollutants respectively, but another time.

Be Safe.

Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc
hazmat.tsp@gmail.com

 NEW BOOK

Call, Pre-order and save on the New 2020/2021 Hazardous Material, Substances and Wastes Compliance Guide, with the DOT HM-215O International Dangerous Goods shipping revisions, Corrosive testing exceptions, the EPA Universal Waste Aerosol requirements and the OSHA Respirator Ambient Aerosol Fit Testing, all which are new!

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COMBUSTIBLE LIQUIDS DESTROY INTERNATIONAL CLASS 9 DOMESTICALLY

Hazmat,

I have a chemical that is not listed in the PHMSA’s 49 CFR, 172.101 Hazardous Materials Table, by chemical name, however it has a Flashpoint of 190 degrees (Link) and is listed in Appendix A, list of Hazardous Substances, with a 5000 pound, in one container, “RQ” value (Link ) 

The first person I asked said;  “Listen, I ship cargo tanks full of it, ship it as;

“RQ”, NA1993, Combustible Liquid N.O.S., Combustible Liquid, III

(Isophorone)

The second person said;  “I was told by a DOT inspector, that my IBC’s, are not Hazardous Substances so the “RQ” notation is not allowed, describe as;

NA1993, Combustible Liquid N.O.S., III

(Isophorone)

And the last person I asked said, “We ship trucks, full of the stuff, in drums both domestically and internationally as;

“Non-Regulated, as a Non-Hazardous Material.”

Who should I trust ?  “Why, all of them, …….of course.”

COMBUSTIBLE LIQUIDS OUTRANK DOMESTIC CLASS 9’s, LIKE DOT “RQ” REPORTABLE QUANTITIES, WHEN SHIPPED DOMESTICALLY,  BUT NOT INTERNATIONAL CLASS 9’s, LIKE IMDG “MARINE POLLUTANTS”, WHEN SHIPPED INTERNATIONALLY, AS COMBUSTIBLE LIQUIDS DON'T EXIST INTERNATIONALLY, PER 173.2a (link), AND THE PHMSA LOI; https://www.phmsa.dot.gov/regulations/title49/interp/10-0249

It seems your chemical could be a Hazardous Substance, Combustible Liquid, both or….. neither. Isophorone, is listed with a 5000 lb “RQ” value in Appendix A, to the 49 CFR 172.101 Hazardous Materials Table in PHMSA’s Hazardous Material Regulations, with a flashpoint well over 140 degrees but below 200 degrees, 173.120(b)(1), at about 190 degrees Fahrenheit (Link) and it meets no other DOT hazard class as per, it’s Safety Data Sheets, So:.

1) In Bulk containers over 5000 lbs as in a “Cargo Tank”, at 45,000 lbs.

US Domestically only;

“RQ”, NA1993, Combustible Liquid N.O.S., Combustible Liquid, PG III, (Isophorone)

Internationally to or from the US;

(US portion of shipment,171.22 (Link))

“RQ”, NA1993, Combustible Liquid N.O.S., Combustible Liquid, PG III, (Isophorone)

When a material is both a Combustible Liquid and, a domestic Class 9 EPA Hazardous Waste, an DOT Appendix ”B” Marine Pollutant, or as in this case, a an Appendix “A” Hazardous Substance, it’s Class 9 is beaten and banished, because Combustible Liquid rule the day, as foretold in 49 CFR 173.2a Classification of a material having more than one hazard class (link), therefore as “RQ”, NA1993, Combustible liquid N.O.S., Combustible Liquid, PG III, with the name of the “RQ” and combustible chemical, “Isophorone”, accompanied by the letters “RQ”, the shipper would cover 172.203(k) for the domestic portion for the hazardous substance under 171.23(b)(5)(Link) and the 172.203(c)(Link), requirements.

Internationally only and “not to or from” the US;

Non-Regulated, Internationally

Non- regulated, as no “RQ” internationally and only the US regulates liquids that flash over 140 degrees, not IMDG or ICAO. 

2) In Bulk containers over 199 gl / 882 lbs, but less than 5,000 lbs as in “IBC”, at 2,420 lbs each.

Domestic or Internationally to or from the US;

(US portion of shipment,171.22 (Link))

NA1993, Combustible Liquid N.O.S., PG III, (Isophorone)

The reason, there is not an “RQ” amount in each IBC of “ISOPHORONE”. Which would leave only the requirements in 173.150(f)(3) (link) for combustible liquids in bulk containers. Then the name of the chemical, “Isophorone” is added as directed by the “G” in column 1 of 172.101 and the “UN” number, has been replaced with an “NA”  because of the “D” in column 1 of table. Note; Class name not required per 172.202(a)(3)(iii) (Link).

International only not to or from US

Non-Regulated, Bulk Internationally,

IBC containers not regulated as not “RQ” and no international combustible liquid regulations, if it flashes over 140 degrees regardless of container size.

3) In Non-bulk “Drums” less than 119 gallons each.

Non-Regulated, Non-bulk Domestic and Internationally,

It is non regulated domestically as non-bulk containers under 119 gls / 882 lbs would not be an “RQ” (not 5000 lbs in each container), and would become unregulated, per 49 CFR 173.150(f)(2), (link), as a combustible liquid, in non-bulk containers, that flash over 140 degrees. Then, it is not regulated internationally, because DGR / IMDG / ICAO do not regulate materials that flash between 140 and 200 degrees.

DOT PHMSA; Letter of Interpretation https://www.phmsa.dot.gov/regulations/title49/interp/08-0066

I think they were all correct, based on each individual's departure points, destinations and types of containers. Let me know if this looks right, or if I missed something. Who says that everyone can’t be right, not me.

Schedule a live, online in-house for your workers whether they are back on the job or still at home getting ready or sign them up for one of our scheduled live, online Hazardous Materials Substances and Waste Compliance Seminars, in your time zone, now through September to take care of their DOT, EPA, and OSHA required certifications! 

You sign them up, pick the people and dates, we ship each training kit to the attendees location and you will still receive a group discount.

Be safe,

Robert J. Keegan 
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc
Hazmat.tsp@gmail.com
Facebook: Hazmat Rob

Flying with Lithium Powered Laser Plasma Lighters

One pack of safety matches, a BIC or a ZIPPO lighter, is allowed when carried on or in carry-on baggage. On the other hand lighter fuel, lighter refills and lighters containing unabsorbed liquid fuel, are not, as it has been and continues to be the case under the 49 CFR, Pipeline and Hazardous Materials Safety Administration in 175.10(a)(2) Exceptions for passengers, crewmembers, and air operators.

What’s new is lithium battery powered laser plasma lighters, tesla coil lighters, flux lighters, single and double arc lighters, will now be required to meet UN Testing and Criteria recommendations. In addition, these lighters must be equipped with a means to prevent unintentional activation of the heating element and passengers and crew should be aware the recharging of these devices on board the aircraft is not permitted.

Each battery's lithium content must not exceed 2 grams for lithium metal batteries, and for lithium ion batteries, a Watt- hour (Wh) rating of 100 Wh. All per the May 11, 2020 PHMSA final rule amending the domestic Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards.

Link to Federal Register:
https://www.govinfo.gov/app/details/FR-2020-05-11/2020-06205  (starting page 27898)

Robert J Keegan 
Hazardous Materials Publishing Company
Transportation Skills Programs Inc
www.hazmat.tsp@gmail.com 

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DOT DIRECTS HAZARDOUS MATERIAL SHIPPERS TO ACCESS ONLINE TRAINING

The Department of Transportation, (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA), did not suspend training, only the requirements of how it is done. Think of it like your mortgage payments.

“PHMSA gives notice that it will not take enforcement action for 90 days (from March 25.2020), against any hazmat employer who is unable to provide recurrent training consistent with HMR training requirements.” 

Check out the recent Notice of Enforcement letter, in which DOT promotes alternatives to traditional compliance training methods; https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-03/PHMSA%20Enforcement%20Policy%20Notice%20-%20TRAINING%20update.pdf

If hazardous materials and waste training can not be provided in a classroom setting or traditional job training, DOT directs hazmat employers to access web based, cellphone, tablet or computer remotely delivered classroom instruction, or any other method, that will cover the required training elements, to provide hazmat employees with appropriate recurrent training even if testing is not possible. 

But be careful, as I said, I think it is kinda like your mortgage payments, your mortgage company is not allowing you to push back your payments for three months, they are only saying we will give you three months, to pay us the money you owe over the next three months.

If you need it, attend one of our small online Hazardous Materials, Substances and Waste Training courses, and receive our new customizable Pandemic Preparedness and Prevention Plan, (PPPP) and Checklist to get you fully up to speed. Do it alone, with us or someone else, but do something now.

Thank you hope to see you soon!

Robert Joseph Keegan 
Publisher and President 
Hazardous Materials Publishing Company
Transportation Skill Programs Inc. 
hazmat.tsp@gmail.com

PREPARE AN OSHA PANDEMIC PREPAREDNESS, PREVENTION AND TRAINING PLAN NOW!

Protecting workers from this and future pandemics will be the major focus of OSHA worker protection 29 CFR initiatives, in the coming weeks, months and years. You will need a Pandemic Preparedness and Prevention Plan (PPPP), for currently working and returning workers. OSHA has already published strict guidelines for protecting workers for this and other pandemics that might threaten our country and economy 

Basic Infection Prevention Measures 

You must immediately Implement policies on:

• The frequent and thorough hand washing, including those of workers, customers, and worksite visitors, including where to find tissues and trash receptacles. 

• The need of workers staying home if they are sick.

• Respiratory etiquette, including covering coughs and sneezes.

• The practices you have established; such as flexible worksites and work hours including social distancing strategies.

• The nonessential use of other workers’ phones, desks, offices, or other work tools and equipment. 

• The company’s housekeeping practices, including the routine cleaning and disinfecting of surfaces, equipment, and other elements. 

• The use of all cleaning and disinfection products (e.g., concentration, application method and contact time and any PPE requirements).

Pandemic Preparedness and Prevention Plan (PPPP)

Your PPPP must address:

• Where, how, and to what sources workers could be exposed, including: the general public, customers, and coworkers;

• The non-occupational risk factors to workers at home and in community settings;

• Workers’ individual risk factors (e.g., older age; presence of chronic medical conditions, including immunocompromising conditions; pregnancy);

•  High turnover and rates of worker absenteeism;

• The use of social distancing, by staggered work shifts, downsizing operations, delivering services remotely, and other exposure-reducing measures;

• The recording and reporting of occupational injuries and illness;

• The continuation of essential operations with a reduced workforce, by cross-training key workers across different jobs in order to continue operations or deliver surge services; and

• Emergency sourcing, supply, warehouse and delivery chains 

Policies and Procedures for Prompt Identification and Isolation of Sick and Healthy Employees.

 Implement policies that detail:

• How employers should inform and encourage employees to self-monitor for signs and symptoms, when they suspect possible exposure.

• To who or by what process can employees report when they are sick or experiencing symptoms.

• The immediate isolation of workers who have signs and/or symptoms, and correct ways in which to move potentially infectious people to locations away from workers, customers, and other visitors.  

• The use of specific isolation rooms, such as areas with closable doors to house workers, until a potentially sick person can be removed from the worksite. 

• The differences between PPE and a face mask. 

• The protection of workers in close contact with a sick person or any worker who has had prolonged, repeated or suspected contact with one.

Sign up for one of our live online seminars and receive a copy of the Pandemic Preparedness and Prevention Plan (PPPP) and checklist. And if you have questions or require help with a site specific PPPP for your company, don’t hesitate to call or contact us. Don’t be caught off guard next time. “Prepare Now”.

Thank you,

Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc.
hazmat.tsp@gmail.com
(610)683-6721