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 

Follow me on my HazMat Rob facebook page for insights:
https://www.facebook.com/hazmat.rob.5

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

WE’RE GETTING THE BAND, BACK TOGETHER ……….ONLINE!

I feel that I am “preaching to the choir” when I write about our gratitude and respect for those of you in government positions and essential industries pushing forward right now, at work or home, whether by choice or necessity, at this uncertain time, our families, both personally and professionally, thank you. 

I am sure, you like us, are short staffed and are being asked to do unfamiliar jobs, so we want you to know, first and foremost we are here (https://www.hazmat-tsp.com) as always, at no cost, to answer your questions and to address any of your concerns. 

DOT EPA OSHA GUIDEBOOK 

Having the current DOT, EPA and OSHA regulations available for compliance and for training workers, is key to meeting your worker protection, environmental and transportation commitments. Your employees need now, more than ever the proper information, certifications and support. 

This year we have really “pulled out all the stops” in the new 2019/2020 HAZARDOUS MATERIALS, SUBSTANCES and WASTES COMPLIANCE GUIDEBOOK  (https://www.hazmat-tsp.com/complianceguide). 

The 2000 page Guidebook, with it’s test and training certificates, can be shipped to businesses, individual home addresses, in fact anywhere you need, to use for work or to train your people online. Order now!

LIVE ONLINE SEMINARS and WORKSHOPS

You will need your people to be working when they get back, not training.“The show must go on”. So, the 2019/2020 HAZARDOUS MATERIALS, SUBSTANCES and WASTES COMPLIANCE and CERTIFICATION SEMINARS, as well as our customized online in-house, ICAO/IATA and special permit training will still be available online (https://www.hazmat-tsp.com/seminars) for hazardous material and waste shippers, hazardous waste generators and employees exposed to hazardous substances.
Certify in place, at one or 100 locations. Train, test and certify with an experienced online, live instructor. Don’t wait up, reserve your space. Sign up!

REGULATORY UPDATES and LINKS

It is not going to be “the same old song and dance” so, in addition to Rob’s DOT, EPA and OSHA blog, links, information and guidelines, we have included, among other information, the current OSHA worker protection coronavirus recommendations (https://www.osha.gov/Publications/OSHA3990.pdf), 

Sign up for a free copy of the changes to the hazardous material, hazardous waste and hazardous substance regulations out of the Federal Register (https://www.hazmat-tsp.com/federalregister). Go online now!

INFORMATION ON LOANS AND GRANTS

And to those of you at home, who cannot work, thank you for your sacrifices too. I can't imagine not being able to work, and, at the same time not being able to see and spend time with the people that you love and care about, especially now when many of them, at times feel isolated and vulnerable, that, makes it unbearable. 

Go online to the Small Business Administration (https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources) and get help, keep your people working, there are going to be a lot of empty warehouses that will need to be refilled. You need to be ready. Apply now!

BE READY WHEN CALLED

We are going to have to “play it by ear” so for now, visit our website (https://www.hazmat-tsp.com/) to order a guidebook or to arrange for your online training, so you're ready when called. Please remember you can still call or email if you have any questions or concerns. See you soon.

Robert J. Keegan (Lead singer)
Publisher and President
Hazardous Materials Publishing Company
Transportation Skills Programs Inc.
610-683-6721

Questions can be sent to  hazmat.tsp@gmail.com