ONE FOR NOW AND ONE FOR LATER

Twin sticks, a.k.a. “Twix”, the candy bar baited some of its milk chocolate, caramel and wafer devotees into believing, before there were memes, that one stick was for immediate consumption, the other, presumably saved for one’s future enjoyment. The idea being masticate only one bar, the other, later. 

Much like the Environmental Protection Agency’s (EPA) 40 CFR dueling hazardous substance lists. Their Section 302.4, Hazardous Substances and Reportable Quantities List focus is on the immediate notification, whereas in Appendix A of Part 355, the Extremely Hazardous Substance (EHS) List, deals with community safety, and preparing for future emergencies.

 The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), requires immediate reporting, response and liability for the roughly 800 hazardous substances listed in Section 302.4. 

The Emergency Planning and Community Right-to-Know Act (EPCRA) mandates reporting chemical releases, community right-to-know requirements and developing Emergency Response Plans for the approximately 355 hazardous substances listed in Appendix A of Part 355. These requirements prophylactically prepare the community for future hazardous substance emergencies through annual inventory reports and local emergency planning commission release notifications.

If you took the bad apples, like Allyl Alcohol and Aldrin, out of Section 302.4 Hazardous Substances and Reportable Quantities List you would basically have Appendix A of Part 355, the Extremely Hazardous Substance (EHS) List. 

  Together, the Section 302.4 and the Appendix A Part 355 lists ensure a 24 hour time limit for notification to the National Response Center (NRC) and your Local Emergency Planning Commission, respectively, allowing for immediate response to hazardous substance releases.

  As far as the Twix bars go, I would always eat one and save the other one and eat it after I was done with the first! 

 Please call us with any questions, comments or input. We look forward to hearing from you.

 Hope to see you soon, thank you.

2025/2026 Hazardous Materials, Substances and Wastes Compliance Guide

from $130.00

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

THIS OR THERE

When something is “In the Ether”, it  means it's there, but you can't see it. Ether, is often used to describe something that is intangible or apparently exists but in a non-physical state. Nikolai Tesla the brilliant and unselfish genius, believed you could pull unlimited amounts of free energy out of the ether. As you might have guessed, that didn’t turn out real well for him.

49 CFR the Pipeline and Hazardous Materials Safety Administration, (PHMSA) is proposing to remove The List of Hazardous Substances and Reportable Quantities from the Department of Transportation, (DOT) regulations. (Link to ANPRM)

Similar to 40 years ago, when PHMSA removed the Combustible Liquid shipping descriptions from the 172.101 Hazardous Materials Table (HMT), at the same time, keeping them in the regulations. DOT is proposing the Hazardous Substances List pull a similar disappearing act. They might not be in the DOT regulations soon, at least not in Appendix A, which will stick around to become the Marine Pollutant List currently residing in Appendix B.

There are six ways for a material to be regulated under the HMR. One, when listed by chemical name in the 172.101 Hazardous Materials Table. Two, when listed in Appendix B the List of Marine Pollutants. Three, by meeting a hazard class definition in 173.2. Four, meeting the definition of an Elevated Temperature. Five, when shipping hazardous waste. Then Six, shipping Hazardous Substances listed in Appendix A. 

Does that mean that by removing them from Appendix A, it will now fall to five? No, the regulation stands. They are removing the list from the HMR to eliminate redundancy, but not the DOT Reportable Quantity (RQ) shipping paper and marking requirements.

“Hazardous substance for the purposes of this subchapter, means a material, including its mixtures and solutions, that—(1) Is listed in 40 CFR 302.4 is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in 40 CFR 302.4.”

I'm not sure if you're getting this. If the list is gone how will shippers determine if their material is a DOT Hazardous Substance? Apparently by consulting the 40 CFR Environmental Protection Agency's (EPA) Hazardous Waste Management Regulations, (HMR) in Section 40 CFR 302.4 the List of Hazardous Substances and Reportable Quantities. 

EPA Hazardous Waste Regulations, when shipping DOT hazardous material products? Yeah, they are the same list. Only DOT has been updating their duplicate list periodically, so there is a lag.

There is only one regulatory DOT, EPA, OSHA compliance guide that currently contains both lists, our 2025/2026 Hazardous Materials, Substance and Waste Compliance Guide. Order today before the 2025/2026 edition is gone.

DOT wants to eliminate confusion of exactly when a newly listed 302.4 substance is regulated as a hazardous material. Apparently, if DOT gets their way, it will be as soon as the hazardous material is listed in the EPA 302.4 List of Hazardous Substance.

Don’t be surprised if they do the same thing with marine pollutants. DOT might, in the future, use a similar cross reference to Chapter 2.9 of the International Maritime Dangerous Goods Code’s (IMDG) Marine Pollutant Recommendations, for all the same reasons.

Watch for further updates on this Proposed Rule and other Regulatory Changes on our; 

FREE Regulatory Update Service Page.

Nikolai, after years of being celebrated as one of the world's true geniuses, died broken and alone. Nothing’s free. There’s a price for everything.

I hope you all have a great 2026 and to see you soon!

Robert J Keegan,
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Incorporated
hazmat.tsp@gmail.com
610-587-3978 text and cell

2025/2026 Hazardous Materials, Substances and Wastes Compliance Guide

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DANGEROUS PLACARDING

 DANGEROUS PLACARDING

When loading 200 pounds of Flammable Liquids, 200 pounds of Corrosive Liquids and an additional 2 pounds of an Oral Poison, on a transportation vehicle, shippers and generators are not required to provide placards as the aggregate gross rate is only 402 pounds. Well, below the 1,001 pound gross weight table 2 non-bulk placarding requirements, in 172.504(c) therefore, excepted from Subpart F of the DOT 49 CFR Pipeline and Hazardous Material Safety Administration,(PHMSA) Hazardous Material Regulations (HMR). 

THE“ NON-BULK TABLE 2 DANGEROUS PLACARD”

Considering that most trailers have one or at the most, two placard holders, once drivers exceed the 1,001 pound limit, there is an exception in 172.504(b) for these three separate materials that require placarding. The Dangerous placard can be used in this situation, to alleviate the need for additional placarding holders.

Two or more hazardous materials requiring different placards specified in Table 2 may be placarded with the Dangerous placard in place of the separate placards specified for each of the materials in Table 2. Solving the problem of not having more than one holder on the truck or transport vehicle.

HIDDEN DANGER

However, when “1,001 kg (2,205 pounds) aggregate gross weight or more of one category of material is loaded therein at one loading facility on a freight container, unit load device, transport vehicle, or rail car, the placard specified in Table 2 in paragraph (e) of this section for that category must be applied”.

UNFORTUNATELY

 So, a situation could arise at the next pick up, if the driver accepted over the 2,205 pound limit of one material. In this case 3,000 pounds of a Flammable Liquid in addition to 200 pounds of Corrosives and 2 pounds of Oral Poison.  

I believe two placards would still only be required in this particular situation.

 It seems to me only the Flammable Liquid placard would be required. The other two would still be covered under the Dangerous placard at least until they, the corrosive and the poison, individually exceeded the 2,205 pounds.

EXCEPTIONS

 Non-bulk packagings containing only the residue of a hazardous material in Table 2 are not covered by Subpart F. In addition this vehicle with all three separate placards displayed, though not required, at only 402 pounds would still be within the confines of the HMR. 

FEWER EXCEPTIONS

Bulk freight containers, unit load devices, transport vehicles and rail cars, should be placarded on each side and each end with the placards specified in table 2. Table 1 materials placard, regardless of container capacity. Exceptions and substitution placarding, like the use of Class 9, Miscellaneous Hazardous Materials placards, never, including others, are found in 172.504(f).

You're not out of the HMR when a vehicle has less than 1,001 pounds of table 2 non-bulk containers, you're just out of Subpart F, the placards. The Federal Motor Carrier Safety Regulations,(FMCSR) under the Commercial Drivers License,(CDL) Regulations in Section 390.5 under the definition of “Commercial Drivers License” cites hazardous material placarding requirements as one of 4 CDL triggers, hence the confusion.

Be Safe!

2025/2026 Hazardous Materials, Substances and Wastes Compliance Guide

from $130.00

Robert J. Keegan
President and Publisher
Hazardous Materials Publishing
Transportation Skills Programs
610-587-3978 (cell- text)
610-488-9013 (home)

You Stink

Everyone wants to smell, but no one wants to stink.

The British Broadcasting Corporation's (BBC) recent article, The Foods That Make You Smell More Attractive, went into depth about the pros and cons of consuming foods like garlic, broccoli and even alcohol which affect not only how, but where we smell. 

However, it seems as with most things you need to make some choices. The same goes for your annual Episodic Events under 49 CFR Section 262 Subpart L of the Environmental Protection Agency (EPA) regulations. Do you take one this year, or both? The first one only requires notification. The second one requires consent. There are two types of episodic events, planned such as a tank clean out and unplanned in the case of say a product recall. But you cannot have two of the same type in the same year. 

You can either dispose of your hazardous waste, under a planned release or an unplanned release, take at least one each year to ensure your precious Very Small Quantity, (in 262.232(a)) and Small Quantity Generator status (in 262.232(b)).

I was recently in Anchorage, visiting my daughter Taylor, who works with all the unbelievably talented people in the city's world class parks department. I was lucky enough to score Nick and Taylor’s rarely empty guestroom for almost a month in early June. Of the hundreds of enjoyable things that I’ve done in my life, the time spent with them and their friends would be very near the top.

I could see Nick's disappointment one morning, after asking if I could wash one of the bikes that had come into The Bicycle Shop  as a trade-in. I took it outside, picked it up and locked it into the bicycle rack. I worked diligently on that sucker. I mean, I washed and I scrubbed, I dried and I buffed every possible surface thinking it would be hailed as the greatest bicycle washing job in the shop's storied 61 year history. Not so!

As I scrubbed, a regular customer walked over, sat down on the bench to enjoy a take-way from the The Spenard Roadhouse Restaurant next-door. She worked for an oil company at one of their arctic drilling sites. She went on to explain that they had just shut down production at the facility for a month or two, for maintenance. I asked her if they called it an episodic event, in which, after a second of hesitation she said “Yeah, yeah that’s what they call it”.

Which makes sense, pretty sure it’s to maintain their small quantity generator status, yet still dispose of as much of their hazardous waste as necessary once every year. Most likely petitioning for a second episodic event (262.233), at the same time or on overlapping dates.

I am not well, when reading regulations, I have the urge not to engage, but to exploit. I encourage my customers to use this to become a small quantity generator, not to stay one, especially if they are borderline large quantity generators. This would also apply to small quantity generators who might be able to drop down to very small quantity generator status. 

Again, this is all undocumented information concerning a company I don’t work directly with or for, but it seems to make sense to me. It’s not just for the big boys. Anyone can take one and apply for a second, companies big or small can use it to maintain their very small or small quantity generator status.

Read the regulation, it’s short and sweet. If you think it’s repeating itself, it is, because 262.232(a) is for very small quantity generators and 262.232(b) covers small quantity generators. The difference between the two is that very small quantity generators would have to obtain an EPA Identification Number. 

If you have any questions on this regulation or more information, I would love to hear from you. 

Bon appétit.

2025/2026 Hazardous Materials, Substances and Wastes Compliance Guide

from $130.00

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

** Click here to read the article “The foods that make you smell more attractive” by Sofia Quaglia. 

Up In The Air

GROUNDED

Most air travelers do not feel comfortable until they get to the airport and in their seats. It’s the same with the Department of Transportation (DOT) and the International Air Transport Association (IATA), dangerous goods air shipments. The toughest part is getting your air shipment from your loading dock to the airport, not onto the plane.

IATA  is a group of companies, airline companies. It’s a boys’ club. You can be in the club, but you gotta play by their rules.  

The International Civil Aviation Organization(ICAO) and The United Nations(UN) on the other hand, are two separate groups of international governmental aviation representatives. They come from countries around the world that work together to standardize dangerous goods requirements.

IATA does not require Safety and Security Training or In-depth Security Plans.

VS

DOT requires Security Awareness Training and In-depth Safety and Security Plans.

According to DOT, Dangerous Goods transferred solely inside the bounds of an airport, in most cases, would only be required to meet the International Air Cargo Organization(ICAO) Recommendations and the United Nations Dangerous Goods Recommendations(DGR), which are the framework of IATA air requirements.

 Getting to and from the airport is the problem. The highway portion, that’s when DOT ground regulations overlap with ICAO air shipping requirements. That’s when the Pipeline and Hazardous Materials Safety Administration(PHMSA) becomes the Pilot In Command(PIC).

IATA only authorizes Intermediate Bulk Containers(IBC) for UN3077, Environmentally Hazardous Substance, Solid N.O.S., 9, PG III when following Packaging Instruction 956.

DOT authorizes Intermediate Bulk Containers(IBC) for both UN3082 and UN3077 Environmentally Hazardous Substance, Liquid and Solid N.O.S., 9, PG III in Section 173.241.

 The Department of Transportation Subpart C, The Hazardous Material Regulations, Section 171.23, covers international shipments and use of UN and ICAO recommendations by air, when going to and from the airport and the port area. This contains a list of these DOT regulations that are not in the ICAO or International Maritime Organization(IMO) Recommendations.  

The Department of Transportation does not recognize IATA requirements as it is an association of airlines, unlike ICAO and the IMO.  This is all moot, if you just remember that the ICAO Dangerous Goods Recommendations are used as the framework of the IATA air requirements.

 ICAO outlines where to list constituent chemicals on the shipper's declaration, whereas, DOT tells you what and when to list. For example, the names of the top two reportable quantities, marine pollutants, or shipping names displaying a letter “G” in column number one of the 172.101 Hazardous Materials Table. 

IATA  Requires Training Every Two Years

DOT Requires Training Every Three Years

 Unless a dangerous goods course provided copies of and covered all of the relevant 49 CFR hazardous material regulations, it would be unreasonable to assume that it would meet the DOT 172.700 training, testing, documentation and certification regulations.

If you need training to meet DOT ground regulations and IATA air cargo rules, sign up for our DOT/EPA/OSHA Compliance Seminar and then the IATA Air Add-On Seminar, both at a date and time of your choosing. It’s the best way to keep both DOT and the airlines happy.

Robert J. Keegan,
Publisher and President
Hazardous Materials Publishing Co.
Transportation Skills Programs Inc.
www.hazmat-tsp.com
Text to 610-587-3978 
Hazmat.tsp@gmail.com