WHO ARE YOU?

In the late 1970’s the United States Congress in the Environmental Conservation and Recovery Act, (RCRA) and the British rock and roll band “The Who” were both asking the same question. 

WHO ARE YOU?

As for the band and its raunchy songs, for anyone under 60 years old it’s the band’s music they use in the crime scene investigator TV show “CSI” and its CSI spinoffs.  Back in the day,  the band’s songwriter Peter Townsend apparently felt like he was being seen as a sellout by the up and coming Punk rock bands like the Sex Pistols and The Clash. Ironically, the opposite was true, as The Who and The Clash toured together in 1983. 

Congress was not so profane, at least not in reference to hazardous waste under RCRA. Congress deferred the Treatment Storage and Disposal (TSDF) hazardous waste site permitting requirements to the Environmental Protection Agency (EPA). Overwhelmed by the prospect of issuing hundreds of thousands of TSDF permits, EPA made the decision that if a hazardous waste generator could meet certain conditions, that generator would not be required to designate their facility as a full TSDF.             

THE CONDITIONS FOR EXCEPTION

These “conditions for exception” are found in Part 262 of 40 CFR.

The three exceptions are as follows, Very Small Quantity Generators (VSQG) conditions for exception, from TSDF permitting, in 40 CFR  262.14, 

Small Quantity Generators (SQG) conditions for exception from TSDF permitting are in 262.16 and the Large Quantity Generators (LQG) conditions for exception from TSDF permitting are in 262.17.

The beauty is, to receive one of these TSDF permitting exceptions is that all you have to do is notify EPA that you are meeting certain requirements or “conditions”. How often? Never, if you are a VSQG, every two years if you are a LQG and every four years if you are a SQG.

Conditions for exception could include getting a site EPA ID Number, marking containers with the words “HAZARDOUS WASTE”, an indication of hazard, the state start time in certain cases and federal on-site 90/180 day hazardous waste storage start times. In addition these conditions include specific training and inspection requirements.

 Based on your facility status, your conditions for exception may require preparing a Facility Contingency, Preparedness and Prevention Plan under 40 CFR 262.260  which in turn must be submitted to the Local Emergency Planning Committee, Police departments, Fire departments, Hospitals and any Emergency response teams that might be called upon to provide emergency services.

INDEPENDENT REQUIREMENTS

These exceptions do not come without regulations, which can be found in 262.10 Independent requirements”. Independent requirements are regulations that must be met by everyone. That is why they are referred to as independent requirements, they must be met independent of whether you are excepted from getting a TSDF permit or not.

The three most important Independent requirements are; Hazardous waste determination in 262.11(a), that means tracking solid waste for hazardous waste, then Hazardous waste determination recordkeeping in 262.11(f), recording the information that was used for your hazardous waste determination. Finally, completing the Generator category determination in 262.13, to determine generator status. 

That is not the end of it, independent of whether you decided to take one of the exceptions or not, large and small quantity generators must always ship their hazardous waste on the EPA hazardous waste manifests, under the 49 CFR Department of Transportation (DOT) Hazardous Material Regulations and meet EPA semi-annual reporting requirements, as these are all independent requirements. 

The biggest difference between independent requirements and “conditions for exception ” occurs during the enforcement process. That is that if you fail to meet an “independent requirement” your company would be cited for that one violation.

 However, if you fail to meet just one of the conditions for exception , let’s say forgetting to mark the start date on a container of hazardous waste in the Central Accumulation Area (CAA), EPA could cite your facility for illegally storing hazardous waste without a TSDF permit. The small and large quantity independent regulations come with their own unique requirements, so the first question to ask yourself is, “Who Are You?”

Order your New 2022/2023 Hazardous, Materials, Substances and Wastes Compliance Guide and get your people signed up for a seminar. Reserve now!

Thank you!

Robert J. Keegan

Publisher and President

Hazardous Materials Publishing Company

Transportation Skills Programs Inc. 

610-683-6721

DIAL “C” for Murder

MOTIVE, OPPORTUNITY, INTENT

As I start to put this to paper, I am concerned about my wife’s well being and my own incarceration. Erin’s mysterious and unexplained poisoning death could be bad for both of us. For her obviously, me possibly.

MOTIVE
When the police believe there has been a murder, they always suspect the partner or spouse first. They know most couples have motive for murder, money, relatives, casually discarded laundry and Häagen-Dazs equity, just to name a few. 

OPPORTUNITY
Investigators will then try to determine if the suspect had an opportunity. I spend every minute of every day with my wife, unless she is at work, food shopping, cooking, cleaning, cutting grass, taking care of her mother and father or doing any other physical labor on our log cabin farmhouse and its manicured acres of fields, trails, streams, meadows, ponds and outbuildings.

INTENT
As any homicide detective worth their gold shield knows a good frame up requires proof of the suspects intent. See, my problem is that recently I have been researching poisons on the internet.  

OK, I did plan to use one or two of them, as examples in this blog about problems with Toxic or Poisonous materials under the 49 CFR Department of Transportation (DOT), Section 173.132 Division 6.1 Toxic and 29 CFR Occupational Safety and Health Administration (OSHA), Appendix A to Section 1910.1200 Health Hazards. Poisons fascinate me. Not in a macabre way. What I find so interesting about poisons, is the amount of certain mixtures containing poison, that would have to be ingested, before they would likely kill you.

Depending on who’s Safety Data Sheet (SDS) you believe, caffeine could be shipped as a 6.1 Poison. For the average person 10 grams of caffeine is lethal. Then if you consider the average cup of coffee has about 100 mg of caffeine, not being a mathematician or murderer, I believe you would have to drink approximately 75 to 100 cups of coffee before you would reach its LD50 or lethal dose. That's a lot of cream and sugar!

I say likely because LD50’s are based on only 50% of the test animals dying within 14 days, not all of them. I’m sure the other 50% of the test animals, quote “the 15 day survivors”, are not going to be doing real well, nor do I believe that anyone is standing by to Medevac them to the nearest veterinary hospital. They all die. 

It is not uncommon for some mixtures of poisons, that testers find that they cannot introduce enough of the mixture into the test animal's digestive system, without killing them, to complete the actual test for poison. 

So, here is the key when identifying Poison or Toxic Division 6.1 materials under DOT. Pure chemicals have already been tested, so they shouldn’t be retested. Mixtures of poisons must be tested or shippers are authorized to use mathematical formulas and concentrations, outlined in 49 CFR Paragraph 173.132(c). 

I say caffeine could be shipped as a poison, as some SDSs state it is a poison and others say it’s not. SDSs are not reliable when shipping DOT hazardous materials because OSHA does not require testing, only available information, as stated at the start of Appendix A to 1910.1200 Hazard Communication for completion of Safety Data Sheets (SDS). 

I’m not sure if this is a really good blog. But, it does make a pretty convincing alibi. Just remember you also have “motive”, by law, to attend a Hazardous Materials, Substances and Wastes Compliance Seminar and the “opportunity”, as our 2022 / 2023 Live Online Training Seminars start up again in 2 weeks. So sign up now, than at the very least you can show your “intent” was to comply.

The new copies of the 2022 / 2023 Hazardous Materials, Substances and Wastes Compliance Guide will start shipping at the end of September. Don’t wait to get your copy, order now!

Robert J Keegan

Publisher and President

Hazardous Materials Publishing Company

Transportation Skills Programs Inc.

hazmat.tsp@gmail.com

Text 610-587-3978 

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