WHY DID THE FIFTY-FIVE GALLON DRUM CROSS THE ROAD?

Surely, taking a 55 gallon drum across a street does not trigger full compliance with the 49 CFR Department of Transportation (DOT), Hazardous Material Regulations? Yes, and I will not call you Shirley anymore. 

That seems to be the interpretation from the DOT Hazardous Materials Hotline (800-467-4922).  Backing this up is Subchapter I, Part 171, Section 171.1, Paragraph (d), in Sub-Paragraph (4). Or more simply in 171.1(d)(4). So, as my 2 year old granddaughter, Jolene likes to say,

 “Of course”.

“Rail and motor vehicle movements of a hazardous material exclusively within a contiguous facility boundary where public access is restricted, except to the extent that the movement is on or crosses a public road or is on track that is part of the general railroad system of transportation, unless access to the public road is restricted by signals, lights, gates, or similar controls.”

This would include any hazardous material container with residue, crossing a public road. They may not require hazardous materials shipping papers, or placards on the trucks for non-bulk 172.505 table to non-bulk containers, i.e. drum in 173.29(c). There is no exception for bulk containers over 119 gallons each or 882 pounds, fully regulated period. This would include forklifts. I am no expert on the DOT Federal Motor Carrier Safety Regulations. Could this trigger the requirements for commercial drivers license (CDL) with the hazardous materials endorsement for bulk containers like ICB or the totes?

Lock this down. If discovered or there is an accident, DOT might feel you willfully violated the requirements. That’s no joke.

Robert J Keegan

Publisher and President

Hazardous Materials Publishing Company

Transportation Skills Programs Inc.

STEEL IS IN MY BLOOD

In the 1970’s, I labored in fields of frozen steel drilling pipe, south of Edmonton, Alberta, running x-ray inspection machinery with my older brother Tim, then as a steelworker in a rolling mill that welded steel into pipes serviced to drilled and carry crude from Alaska’s North Slope to the Port of Valdez. Next month we have two live, on-line steel mill in-house seminars, and my first pickup truck was made of steel.

Don’t worry this is not about steel. 
It’s about 40 CFR Environmental Protection Agency (EPA),  hazardous waste when shipped for disposal as a  49 CFR Department of Transportation, (DOT), Class 9 miscellaneous hazardous material.

DOT hazardous materials regulations make clear that only after a shipper or generator matches a hazardous material’s hazard classes, packing group and hazard labels, are they authorized to select the correct Pure Chemical, End-use, Specific n.o.s. or Generic n.o.s. proper shipping name. 

So if that is the case, the NA3077 Hazardous Waste, Solid n.o.s. 9, PG III’s specific shipping name is more descriptive than UN3077 Waste Environmentally Hazardous Substance, Solid n.o.s, 9, PG III’s generic shipping name, for domestic shipments of hazardous waste that meet no hazard classification under DOT, like EPA sludge or baghouse toxic hazardous waste (K061), from the production of steel in electrical furnaces.

There are three times and up to six chemicals or waste codes that could be required to be listed, in association with some hazardous material shipping descriptions. The first, in 172.203(c) for the top 2 hazardous substances with lowest value, (“RQ”). The second, in 173.203(k) for the top 2 most dangerous chemicals, when a “G” appears in column number 1 of the 172.101 Hazardous Materials Table, and finally in 172.203(l) the top 2 marine pollutants, in bulk containers and water shipments.

40 CFR EPA 261.32 
Hazardous Waste From Specific Sources

EPA, (K061) baghouse hazardous waste produced from the production of steel in electric furnaces, is a 49 CFR Departmental of Transportation (DOT) hazardous material and is shipped for disposal as a 173.140, Class 9 miscellaneous hazardous material as it does not meet a hazard class definition and would not be regulated as a DOT hazardous material when shipped, if not for the fact that it is a EPA toxic waste and a hazardous substance (“RQ”) with a value of 10 pounds for each container.

I think both shipping names would be legal for a (K061) on a waste manifest. However, the international shipping name with the UN3077 number would not fall under the exception listed below. So, what does that mean? It means if you were to use the domestic NA3077 shipping name you would not have to list the top two chemicals in your (K061) waste that make it dangerous, only waste codes like (K061).

As the 40 CFR 172.203(k) exception states, the provisions of paragraph (k) do not apply to a material that is a hazardous waste and described using the proper shipping name “Hazardous waste, liquid or solid, n.o.s.”, classed as a miscellaneous Class 9, provided the EPA hazardous waste number is included on the shipping paper in association with the basic description.

RQ, NA3077, Hazardous Waste, Solid n.o.s. 9, PG III, (K061)

By using the domestic NA3077 shipping name and listing the waste codes, you could meet both requirements in 172.203(k), the names of the top two most dangerous hazardous materials and (c), the names of the top two hazardous substances with lowest value, which again would conclude me to believe that the NA 3077, Hazardous waste, solid n.o.s., would be more appropriate as  172.203(c) states that waste codes like (K061) may be used to identify the name of the hazardous substances.

One last note. Check out column 7 of the 172.101 Hazardous Materials Table for the two shipping names we’ve been discussing here. You might notice that some of the special provisions in 172.102 are the same, like “B45” for bulk containers, “IB8” for IBC containers and “T1” for tanks, but others are not. Be careful when selecting one shipping name over another; it might restrict you to certain types of containers in different modes or have additional requirements based on domestic regulations or international recommendations.

But, that’s not the reason that steel is in my blood. It's hereditary, my mother is made of titanium.

Thank you for your support.

Robert J. Keegan

Publisher and President

Hazardous Materials Publishing Company

Transportation Skills Programs Inc

hazmat.tsp@gmail.com

610-587-3978 

COMMANDER “Slash” COORDINATOR

COMMANDER /COORDINATOR

There is a funny scene in the movie Zoolander, when an overjoyed Fábio thanks the award show audience for the best Actor “Slash” Model Award and not the other way around. It reminds me of differences between an “On-Scene Commander “Slash” Emergency Coordinator”

THE OCCUPATIONAL HEALTH 
AND SAFETY ADMINISTRATION (OSHA) 
29 CFR 1910.120
 HAZARDOUS SUBSTANCE
ON-SCENE COMMANDER

OSHA On-scene incident commanders are required by employers to protect Hazmat teams from exposure during unintentional hazardous substance releases under 29 CFR 1910.120 Hazardous waste operations and emergency response.

Worker Protection

OSHA On-scene incident commanders protect workers and assume control of a hazardous substance release or an incident scene. They must understand and be able to implement the employer's Emergency Response Plan and their Incident Command System (ICS). They must know how to implement the Local and State Emergency Response Plans. In addition they need to understand the hazards and the risks associated with employees working in chemical protective clothing and understand the importance of decontamination procedures.

THE ENVIRONMENTAL PROTECTION AGENCY
(EPA) 40 CFR  Part 262 
HAZARDOUS WASTE 
EMERGENCY COORDINATOR

EPA Emergency coordinators are required to protect the environment in and around Large Quantity Hazardous Waste Generator Facilities (LQG), 40 CFR 262.264 during emergencies involving their hazardous waste.  

Environmental Protection

EPA’s 40 CFR 262.264 requires that Large Quantity Hazardous Waste Generators (LQG), have Emergency Coordinators on site or on call to respond in a short period of time to hazardous waste emergencies to protect the environment, by coordinating and implementing the LQG’s Contingency Plan. Emergency coordinators must be thoroughly familiar with all aspects of the generator's hazardous waste contingency plan, all hazardous waste operations and activities at the facility, the location and characteristics of all hazardous waste handled, the location of all relevant records within the facility, and the facility's layout. In addition, this person must have the authority to commit the resources needed to carry out the employer's written LQG hazardous waste contingency plan.

If these both sound similar or almost the same you’re probably starting to get it. But they aren't. OSHA will not ask about your emergency coordinators, nor will EPA ask about your on-scene commanders, unless they are the same person. 

DOWNLOAD THE EPA/DOT/OSHA ONE PLAN
HERE

Many years ago I modeled for my father, as disturbing as that may sound, in the early hazardous materials seminar training programs he photographed, produced and presented. My brothers and I were used as actors “slash” models to portray the drivers and dock personnel, passing shipping papers and placards. But don't worry, I am not holding out for any peer recognition, even if there is a Zoolander III.

Get it right, now! Sign up for new Hazmat Rob’s Newsletter with the free “DOT / EPA / OSHA Regulatory Update Service” and Rob’s blog with our subscribe button to the right.

Robert J. Keegan

Publisher and President

Hazardous Materials Publishing Company

Transportation Skills Programs Inc.

hazmat.tsp@gmail.com

Dumpster Fire

IS YOUR SOLID WASTE HAZARDOUS

There is no requirement under the 40 CFR Environmental Protection Agency Regulations to test any unwanted material that is Listed or to insure that it is Ignitable, Corrosive, Reactive or Toxic hazardous waste. The requirement is to properly identify, manage and disposed certain solid wastes as hazardous waste

“The hazardous waste determination for each solid waste must be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs,” 40 CFR 262.11(a)

Listed Hazardous Waste

It’s listed, in 40 CFR, Sections 261.31 through 261.33 , that’s the point, it’s listed for a reason. These are a select group of used solvents, processes that tend to generate questionable wastes and discarded or unusable pure chemicals that are, (with the exception of F003), always hazardous waste as F-coded, K-coded, P-coded and U-coded respectively. Once your waste is listed there’s really no reason to test it, unless you’re going for an exclusion.

Because, if the solid waste is listed, but does not meet a hazardous waste characteristic a person may file a petition for delisting in Section 260.22 by demonstrating to the Administrator that the waste from this particular site or operation is not hazardous. 

So for listed waste in 261.31 through 261.33, EPA in 40 CFR 262.11 requires that hazardous waste determination and record-keeping at the very least, must include the solid waste’s origin, composition, process, feedstocks, and any other reliable and relevant information. 

Characteristic Hazardous Waste 

For characteristic D-coded hazardous waste the generators may apply the materials, constituents, their uses and the processes used to generate waste. In that, the identification of hazardous waste in 40 CFR 261.21 for ignitable, 261.22 for corrosive and 262.23 reactivity and 261.24 toxicity, can include process knowledge, feedstocks and other inputs to the production process, knowledge of products, by-products, intermediates produced during the manufacturing, chemical or physical characterization and other properties of the waste.

However, if the generator’s knowledge is inadequate to make a proper determination for characteristic waste, the person must test the waste according to the Subpart C of 40 CFR Part 261 Characteristics of Hazardous Waste in Sections 261.21 ignitable, 261.22, corrosive, 261.23 reactivity and 261.24 toxic.

Even very Small Quantity Generators (VSQG) under 40 CFR 262.14  are required to identify and record their solid waste as hazardous under the 40 CFR 262.10(a)(1)(i) Independent requirements to ensure proper generator status compliance.

So, yeah generators can use generator waste knowledge to identify your solid waste as hazardous waste. However, If you’re asking me if you can use generator waste knowledge to identify your solid waste as non-hazardous?  Again sure, but now if you’re wrong, in other words your waste determination is not correct, for every container, you're in violation.

The brand new 2021/2022 Hazardous Materials, Substances and Wastes Compliance Guide is now available for shipping and included in your training kit at The Live Zoom Hazardous Materials, Substances and Waste Compliance Seminar. 

Looking forward to seeing you soon.

Thank you for your support.

Be safe.

Robert J. Keegan

Publisher and President 

Hazardous Materials Publishing Company

Transportation Skills Programs

Hazmat.tsp@gmail.com

What’s So Special About September 1st?

What’s So Special About September 1st?

That, in 1914 the last known passenger pigeon, a female named Martha, died in captivity at the Cincinnati Zoo, that in 1939 Germany invaded Poland, starting World War II and that in 1972 American Bobby Fischer beat Russian Boris Spassky in Reykjavík, Iceland to become the world chess champion? 

Probably, but for Small Quantity Generators (SQGs), September 1st 2021 is special because of the re-notification requirements prominently mentioned in Lisa's recent flash. Thank you for the responses. Below, we have two of the questions we received, a pun and our (disclaimer) interpretations.

Question 1:  Do existing SQG have to refile this form by Sept 1st this year, or in 4 years?  

YES, Small Quantity Generators (SQGs) must re-notify by reviewing and updating their information by September 1st and then every four (4) years (starting in 2021).

Here is the link to the instructions and forms: RCRA Subtitle C Reporting Instructions and Forms 

Question 2: if we generate three 55 gallon drums of Hazardous waste a year totaling 1376 lbs., could we be a VSQG because 1376 / 12 months is 115 lbs. a month, which is less than 220 lbs.?

YES, you can be a Very Small Quantity Generator VSQG, according to 40 CFR 262.14, if you generate less than 100 kg (220 pounds) per month. However, you can not average it over the 12 months. You would have to make sure each month there was less than 220 pounds. 

But, if you would go over 220 pounds, up to twice a year you could take an episodic event exception and maintain your VSQG, or even Small Quantity Generator SQG, status using planned and unplanned episodic events as defined in 262.231. As described in 262.232, this allows a VSQG to generate over 220 pounds of hazardous waste for approximately two months. This could be used in the case of recalled material, off-spec inventory, unexpected large waste accumulation because of maintenance or higher capacity production runs. This would trigger the requirement for VSQG to apply for an EPA hazardous waste number.  Which is a “very small” price to pay! 

The second avenue of relief that should be considered by all generators when authorized, universal waste in Part 273 Standards for Universal Waste Management for batteries, pesticides, mercury containing equipment, lamps and aerosol cans. 

Utilize these strategies so that your hazardous waste doesn’t count as hazardous waste.

Please remember that we are here to assist you, do not hesitate to contact us and we will do our best to give you an answer or direct you to where the answer can be found. This information and more can be found in our New 2021/2022 Hazardous Materials, Substances and Wastes Compliance Guide or better yet, discuss it further with me at one of my Transportation Skills Programs training seminars.

 As always thank you for your patronage,

 Robert J. Keegan
Publisher and President
Hazardous Materials Publishing Co.
Transportation Skills Programs 
www.hazmat.tsp@gmail.com           
Phone 610-683-6721