OUTLAW

I’m an outlaw, I don’t follow the rules and I love danger. I teach domestic transportation, environmental and worker protection regulations concerning dangerous chemicals. 

In Detroit, at the end of my seminar, a participant approached me. He explained that he had earned his PhD in Communication. Unlike myself, he, who had mastered the art of communication, got straight to the point. After mentioning his credentials, he looked me directly in the eye and unmercifully said “I want to tell you before I leave that you broke every rule that I was taught about communication at Harvard.” Just barely finishing high school, having low self-esteem and still in the company of a few lingering longtime attendees, I felt humiliated. 

Then before turning on his heels and walking out of the meeting room, still shaking his head, he said “ I just can't figure out how it works so well for you.” I often think of that day, and how what he said about my unconventional teaching style was true. But, I think it’s gotten worse or should I say better.

Recently, I noticed a mistake when displaying the Department of Transportation (DOT), hazardous material proper shipping name “Hazardous Waste Liquid, N.O.S”. Which is a domestic only shipping name. Names that are authorized for domestic use only, are notated with a D in column number 1 of the 49 CFR 172.101 Hazardous Materials Table. They are also assigned NA identification numbers as opposed to names authorized both domestically and internationally which are assigned with UN numbers.

Methanol appears in the 172.101 Hazmat Table twice, first with the letter “I” in column number 1 and then a second time with the letter D. There are two differences between shipping “Methanol” internationally or domestically; domestically “Methanol” is shipped only as a Class 3 flammable liquid with one label, whereas “Methanol” internationally is also classified as a Division 6.1 poison with two. The second would be that “Methanol” gets the UN1230 identification number for its international description whereas the domestic shipment would display the NA1230 Identification number.

Much like Methanol, shipments of Environmental Protection Agency (EPA), hazardous waste on waste manifests that meet no other hazard class definition, under the DOT would be required to be described differently if one shipment were domestic and the other were international.

“NA3082, Hazardous Waste Liquid, N.O.S., 9, PG III, (lead), (D008)” when shipped domestically.  “UN3082, Waste, Environmentally Hazardous Substance Liquid, N.O.S., 9, PG III (lead), (D008)” when shipped internationally.

The mistake in my presentation slide for the shipping name “Hazardous Waste Liquid, N.O.S. was it displayed UN3082, not NA3082,

A domestic shipping name with an international identification number. I couldn’t understand why no one had mentioned this mistake before. I chalked it up to the fact that we had been going for a while, very close to our lunch break and I had reached a point in which my attendees had long passed their desire to absorb any more information, regardless of how important.

Saying nothing, I quickly moved on to my next slide.

Of my worst proclivities, I am extremely lazy and forgetful. At the next seminar upon seeing the improper slide again, I decided to expose my mistake to the group, which instantly brought their attention back to my presentation. In which I now attribute it to much like a car wreck where as much as we don’t want to, we all look.

I have not changed the slide, the mistake or its revelation, but used it unscrupulously to my full advantage.  Duplicitous, devious and deceitful. Yeah.

But it works for me!

Robert J Keegan
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc.

Deceiving Dates

I have been told that in certain states such as Pennsylvania and California, a drum of hazardous waste could have three separate accumulation dates over its lifetime. A one year on-site state satellite accumulation start date, a federal over 55 gallon satellite date and a central accumulation date. As some states require one year on-site start dates in the satellite accumulation areas.

They are correct in assuming that there are three different dating requirements on containers in certain states. But, two of the drum’s dates are the same. The one year on-site state start date and the excess waste container over the 55 gallons in satellite accumulation date.

That is why the federal government requires the date to be put on the drum containing excess waste over 55 gallons, (not the full drum) with the excess accumulation of hazardous waste with the date the excess amount began accumulating. It would be impossible to put the start date on the full drum in most cases without blowing through your three day satellite to central accumulation storage area times.

In this way there would only be one date on each satellite accumulation area container, one on the full 55 gallon drum for the state and one on the container, when you start accumulating the excess waste for the feds. This seems to make sense as most generators would move the full drum to the central area within three days. Then add the final central accumulation 180 day or 90 day storage area date. This would make it a total of two dates, not three over its lifetime.

Some generators believe you should date full drums in the satellite areas. To be honest the full drum could stay in the satellite accumulation area until the facility is closed. As long as the generator moved all excess waste over the 55 gallons in satellite accumulation areas within three days of the start of its generation to the central accumulation area.

Maybe you’ve heard contractors, consultants and inspectors tell you differently. I can only tell you what the regulation says. Only a couple seminars left this year so, sign up now.

If you have any questions or comments please don’t hesitate to reach out.

Robert J. Keegan

Hazardous Materials Publishing Company

Transportation Skills Programs Inc.

Hazmat.tsp@gmail.com

Don't Let Me Get Carried Away

DOT’S FMCSA’S CDL VERSES PHMSA’S HMR TRAINING

What’s the difference between the 49 CFR Federal Motor Carrier Safety Administration (FMCSA), Commercial Driver License (CDL), hazmat endorsement and the 49 CFR Pipeline and Hazardous Material Safety Administration (PHMSA), hazmat employee training requirements? 

First, many confuse the definition of hazardous material under the Department of Transportation (DOT). Many use the word interchangeably however, some don’t realize that PHMSA and FMCSA have very different meanings. Under the FMCSR, a hazardous material is a material for which placarding is required under 49 CFR 172.500, but under the PHMSA it is any amount of a hazardous material in 171.8.

Though I am no expert on the FMCSA, I do know that drivers require hazmat endorsements on their Commercial Driver License (CDL), if they want to accept FMCSA hazardous materials (placarded shipments for transportation). However, this should not be confused with the requirement that all hazmat employees, including drivers, are required to meet all four levels of training under the PHMSA 49 CFR 172.700 training requirements, General awareness, Function specific, Safety and Security training regardless of whether the hazardous material shipment requires placards or not.

As stated in this PHMSA Letter of Interpretation; 

“This training must include general awareness, function-specific, safety, and security awareness training as specified in §172.704(a) of the HMR, as well as driver training in the applicable requirements of FMCSA Regulations (FMCSR; 49 CFR parts 390 through 397) and the procedures necessary for the safe operation of that motor vehicle.” 

Barely able to maintain a regular driver license, let alone a CDL and a hazardous materials endorsement, I would be misleading you to suggest that I am aware of what is covered in any of the state training, testing and certification requirements to achieve a FMCSA CDL endorsement. 

However, I am pretty sure many of the FMCSA sanctioned state certifications have very little to do with the training and documentation requirements under PHMSA, in 172.700, By simply passing the state’s CDL hazardous material endorsement test in most cases will fall well short of meeting the federal PHMSA  training, testing, certification and documentation requirements.

But, I’ve been wrong before. So don’t take my word for it, check your driver’s FMCSA, CDL hazmat certification endorsement records, because to meet the PHMSA hazmat employee training requirement their records must include: 

(1) The hazmat employee's name; 
(2) The most recent training completion date of the hazmat employee's training; 
(3) A description, copy, or the location of the training materials used to meet the training  requirements; 
(4) The name and address of the person providing the training. and;
(5) Certification that the hazmat employee has been trained and tested on the following;

General awareness and Familiarization training, designed to provide familiarity and to enable the employee to recognize and identify hazardous materials consistent with the HMR communication standard,

Function-specific training concerning the requirements of the HMR, ICAO or IMDG that are specific to the functions the employee performs. 

Safety training concerning the Emergency Response Information required by 172.600, about the specific measures the hazmat employer has implemented to protect employees from exposure, including the methods and procedures for avoiding accidents, such as the proper procedures for handling packages containing hazardous materials, and;

Security Awareness training of security risks associated with hazardous materials transportation and methods designed to enhance transportation security.  Then In-depth Security training for hazmat employers required to have a security plan, in 172.800. The In-depth Security training must include company security objectives, organizational security structure, specific security procedures, specific security duties and responsibilities for each employee, and specific actions to be taken by each employee in the event of a security breach. 

These records and certifications are critical as all hazmat employers, both shippers/generators and carriers/transporters must make the PHMSA hazmat employee's current training records available upon request, to authorized officials of the Department of Transportation. 

Remember, we are always here for you. If you have a related question or problem please call us. And don’t forget the 2021/2022 Hazardous Materials Substances and Wastes Compliance Guide Books are still available or you can sign up for our next seminar and secure a copy for yourself.

Be Safe!

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

Be Safe!

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

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