HMT 300‐ Hazardous Materials Transportation Certification
Presentation 8: Special Hazardous Materials Classification Issues
Presentation 8: Special Hazardous Materials Classification Issues
HMT 300‐ HAZARDOUS MATERIALS TRANSPORTATION CERTIFICATION
Special Classification Issues
V 5.0
© Lion Technology Inc.
Combustible Liquids
A “combustible liquid” is a liquid that:
• Does NOT meet the definition of any other hazard
class
• Has a flash point > 140°F and < 200°F
Definition can be “expanded”
[49 CFR 173.120(b)(1)]
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Combustible Liquids
A flammable liquid may be “re-classed” to a combustible
liquid if it:
1. Doesn’t meet the definition of any other hazard
class,
2. Has a flash point greater than or equal to 100°F, and
3. Will be shipped by highway or rail, except where
impracticable (i.e., impossible)
[49 CFR 173.120(b)(2)]
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Presentation 8: Special Hazardous Materials Classification Issues
HMT 300‐ Hazardous Materials Transportation Certification, continued
Advantages of Using the Combustible
Liquid Classification
• Combustible liquids are excluded from hazmat
regulations when:
– Shipped in non-bulk packaging (i.e., < 119 gallons
for liquids)
• Combustible liquids are subject to most hazmat
regulations when:
– Shipped in bulk packaging
– Defined as a hazardous substance, hazardous
waste, or marine pollutant
[49 CFR 173.150(f)]
© Lion Technology Inc.
Materials Included in the “Hazardous Material”
Definition
DOT considers the following materials to be “hazardous
materials”:
• Hazardous substances
• Hazardous wastes
• Marine pollutants
• Elevated-temperature materials
Material’s hazard class depends on chemical and physical
properties
[49 CFR 171.8]
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Materials Included in the “Hazardous Material”
Definition
Hazardous substances, hazardous wastes, marine
pollutants, and elevated-temperature materials must:
1. Meet additional communication requirements for
package markings and shipping papers
2. Follow added shipping requirements
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Presentation 8: Special Hazardous Materials Classification Issues
HMT 300‐ Hazardous Materials Transportation Certification, continued
Hazardous Substance
• EPA is concerned about accidental spills of hazardous
substances into environment
– Releases exceeding a substance’s “reportable
quantity” (RQ) must be reported to the National
Special
Classification
Issues
Response
Center
(NRC)
• DOT regulates hazardous substances during the
course of transportation
V 5.0
© Lion Technology Inc.
Hazardous Substance
Combustible Liquids
Definition
Three
criteria must
be is
met
to be that:
a DOT hazardous
A “combustible
liquid”
a liquid
substance
• Does NOT meet the definition of any other hazard
1.
Material must be listed in Appendix A to 49 CFR
class
• Has172.101
a flash point > 140°F and < 200°F
2. Quantity of substance, per package, must equal
or exceed RQ
3. Concentration of substance in a mixture must
Definition
be “expanded”
equal can
or exceed
certain thresholds
[49 CFR 171.8]
173.120(b)(1)]
© Lion Technology Inc.
Hazardous Substance
Combustible Liquids
Listed in Appendix A to 49 CFR 172.101
• Appendix
A to may
49 CFR
172.101 is atocopy
of a list
A flammable
liquid
be “re-classed”
a combustible
by the EPA in 40 CFR 302
liquidcreated
if it:
•1.Appendix
A identifies
reportable
quantities
in pounds
Doesn’t meet
the definition
of any
other hazard
and
kilograms for approximately:
class,
1,000
individual
2.௅ Has
a flash
point chemicals
greater than or equal to 100°F, and
150be
hazardous
wastes
3.௅ Will
shipped by
highway or rail, except where
(i.e., impossible)
௅ impracticable
800 radionuclides
[49 CFR 173.120(b)(2)]
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© 2015 Lion Technology Inc., Lafayette, NJ 07848
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Presentation 8: Special Hazardous Materials Classification Issues
HMT 300‐ Hazardous Materials Transportation Certification, continued
Hazardous Substance
Listed in Appendix A to 49 CFR 172.101
What is the reportable quantity IN POUNDS for acetic
acid?
Answer: __________________________
Special Classification Issues
V 5.0
© Lion Technology Inc.
Hazardous Substance
Combustible Liquids
Equal or Exceed Reportable Quantity (RQ) in One Package
Reportable
quantityliquid”
mustisbea exceeded
A “combustible
liquid that:in a single package
• “Package”
means
materials,
plus hazard
hazmat
• Does NOT
meetall
theshipping
definition
of any other
contents
class
Single
drumpoint
(including
contents)
IS a package
•– Has
a flash
> 140°F
and < 200°F
– Single glass bottle (including contents) is NOT a
package
Definition can be “expanded”
[49 CFR 173.120(b)(1)]
© Lion Technology Inc.
Hazardous Substance
Combustible Liquids
Equal or Exceed Reportable Quantity (RQ) in One Package
Shipping a liquid
singlemay
55-gallon
drum containing
400 lbs. of
A flammable
be “re-classed”
to a combustible
toluene
liquid
if it:
1. Doesn’t meet the definition of any other hazard
class,
Would
this be a hazardous substance when shipped?
2. Has a flash point greater than or equal to 100°F, and
3. Will be
shipped by highway or rail, except where
Answer:
__________________________
impracticable (i.e., impossible)
[49 CFR 173.120(b)(2)]
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Presentation 8: Special Hazardous Materials Classification Issues
HMT 300‐ Hazardous Materials Transportation Certification, continued
Hazardous Substance
Equal or Exceed Reportable Quantity (RQ) in One Package
Shipping toluene in a truck filled with twenty 55-gallon drums
• 400 lbs. of toluene in each drum
• 8,000 lbs. of material in shipment
RQ for toluene is 1,000 lbs.
Would this be a hazardous substance when shipped?
Answer: __________________________
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Hazardous Substance
Equal or Exceed Reportable Quantity (RQ) in One Package
Shipping a box of four 1-gallon glass bottles containing
benzene
• 7 lbs. of benzene per bottle
• 28 lbs. of material in box
RQ for benzene is 10 lbs.
Would this be a hazardous substance when shipped?
Answer: __________________________
© Lion Technology Inc.
Hazardous Substance
Minimum Concentrations
If a substance is in a mixture or solution, it may be
excluded from the definition of “hazardous substance”
based on the concentration
[49 CFR 171.8]
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© 2015 Lion Technology Inc., Lafayette, NJ 07848
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Presentation 8: Special Hazardous Materials Classification Issues
HMT 300‐ Hazardous Materials Transportation Certification, continued
Hazardous Substance
Minimum Concentrations
If present below threshold concentrations, more than
50,000 lbs. of the mixture would need to be spilled to
have a reportable release of the substance
© Lion Technology Inc.
Hazardous Waste
DOT defines “hazardous waste” as “any material that is
subject to the Hazardous Waste Manifest
Requirements of the US Environmental Protection
Agency specified in 40 CFR part 262”
Essentially, if US EPA regulates a material as a
hazardous waste, then DOT considers it a hazardous
waste
[49 CFR 171.8]
© Lion Technology Inc.
Marine Pollutants
Material regulated as a marine pollutant if it’s:
1. Listed in Appendix B to 49 CFR 172.101
2. Present above specified concentrations when
part of a mixture
[49 CFR 171.8]
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HMT 300‐ Hazardous Materials Transportation Certification, continued
Marine Pollutants
There are two kinds of marine pollutants:
1. Regular marine pollutants
2. Severe marine pollutants
௅ Identified by the letters “PP” in the
S.M.P. (severe marine pollutant)
Column of the Appendix B table
© Lion Technology Inc.
Marine Pollutants
• “Regular” marine pollutants are regulated when
present in a mixture/solution at a concentration of
10% or above
• “Severe” marine pollutants are regulated when
present in a mixture/solution at a concentration of
1% or above
© Lion Technology Inc.
Marine Pollutants
When Are They Regulated?
Materials are regulated as marine pollutants when
shipped:
• By vessel
• In bulk packaging by any mode of transport
© Lion Technology Inc.
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HMT 300‐ Hazardous Materials Transportation Certification, continued
Elevated-temperature Materials
Specially regulated materials because they are very hot
• Only regulated when shipped in bulk packagings
(larger than 119 gal.)
[49 CFR 171.8]
© Lion Technology Inc.
Elevated-temperature Materials
Definition
Elevated-temperature materials include:
• Solids shipped at • 240°C (464°F)
• Liquids shipped at • 100°C (212°F)
• Liquids with flash points • 38°C (100°F) that are
intentionally heated and shipped at or above
flash points
[49 CFR 171.8]
© Lion Technology Inc.
Hazard Class 9
Miscellaneous Hazardous Material
A Class 9 hazardous material is “a material which presents
a hazard during transportation but which does not meet the
definition of any other hazard class”
• A material meeting the definitions of both hazard class
9 and any class 1 – 8 is assigned to the appropriate
hazard class 1 – 8
[49 CFR 173.140]
© Lion Technology Inc.
© 2015 Lion Technology Inc., Lafayette, NJ 07848
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Presentation 8: Special Hazardous Materials Classification Issues
HMT 300‐ Hazardous Materials Transportation Certification, continued
Hazard Class 9
Miscellaneous Hazardous Material
Six categories of materials can be assigned to Class 9
1. Airplane hazards
2. Those identified by DOT
3. Hazardous substances
4. Hazardous wastes
5. Marine pollutants
6. Elevated-temperature materials
© Lion Technology Inc.
The Airplane Hazards
Class 9 includes “any material which has an anesthetic,
noxious or other similar property which could cause
extreme annoyance or discomfort to a flight crew
member so as to prevent the correct performance of
assigned duties”
• Designated with an “A” in Column 1 of the 172.101
Table
© Lion Technology Inc.
Class 9 Materials
Those Identified By DOT
DOT designates some materials as Class 9 in the
172.101 Table
1. Pose hazards under certain conditions
2. Pose hazards but hazards are reduced
3. Pose “non-DOT” hazards
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Presentation 8: Special Hazardous Materials Classification Issues
HMT 300‐ Hazardous Materials Transportation Certification, continued
Class 9 Materials
Those Identified By DOT
1. Material poses hazards, under certain conditions:
Example: Bales of cotton are regulated when
shipped by vessel
• Bales can self-heat and start a fire
• Fires involving cotton bales are very difficult
to extinguish
© Lion Technology Inc.
Class 9 Materials
Those Identified By DOT
2. Materials pose hazards but hazards are reduced
due to packaging
Example: Airbags contain small explosives
• Explosive shipped by itself would be Class 1
material
• Explosive packed inside airbag module is assigned
to Class 9
© Lion Technology Inc.
Class 9 Materials
Those Identified By DOT
3. Material doesn’t pose a DOT hazard, but another
agency considers it hazardous
Example: EPA regulates asbestos and PCBs
due to human health and environmental
concerns
• Neither asbestos or PCBs meet any DOT
hazard class definitions
• They are assigned to Class 9 by DOT
© Lion Technology Inc.
© 2015 Lion Technology Inc., Lafayette, NJ 07848
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Presentation 8: Special Hazardous Materials Classification Issues
HMT 300‐ Hazardous Materials Transportation Certification, continued
Classifying Samples and Hazardous Wastes
•
•
In general, “over-classifying” a material is not permitted
In a couple of scenarios, over-classification is allowed:
௅ Sample material is sent out for testing to determine
hazards
௅ Hazardous waste is shipped and shipper is
uncertain of its hazards
௅ Shipper uses their knowledge of material when
assigning a hazard class, PSN, and packing group
[49 CFR 172.101(c)(11)]
© Lion Technology Inc.
Classifying Samples and Hazardous Wastes
Limitations
To be eligible for the classification exclusion the material:
• Cannot be forbidden from transport
• Cannot be an explosive
• Must meet added packaging requirements if it’s a selfreactive or organic peroxide
• Must meet specific packaging requirements if it’s a sample
© Lion Technology Inc.
© 2015 Lion Technology Inc., Lafayette, NJ 07848
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Presentation 8: Special Hazardous Materials Classification Issues
PRESENTATION 8: SPECIAL HAZARDOUS MATERIALS CLASSIFICATION ISSUES
References
© 2015 Lion Technology Inc., Lafayette, NJ 07848
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Presentation 8: Special Hazardous Materials Classification Issues
DEFINITIONS
49 CFR 171.8
§171.8 Definitions and abbreviations.
Elevated-temperature material means a material
which, when offered for transportation or transported in
a bulk packaging:
(1) Is in a liquid phase and at a temperature at
or above 100°C (212°F);
(2) Is in a liquid phase with a flash point at or
above 38°C (100°F) that is intentionally heated and
offered for transportation or transported at or above its
flash point; or
(3) Is in a solid phase and at a temperature at
or above 240°C (464°F).
Hazardous substance, for the purposes of this subchapter, means a material, including its mixtures and
solutions, that—
[RQ/pkg]
(2) Is in a quantity, in one package, which
equals or exceeds the reportable quantity (RQ) listed in
the appendix A to §172.101 of this subchapter; and
(3) When in a mixture or solution—
(i) For radionuclides, conforms to paragraph 7
of the appendix A to §172.101.
(ii) For other than radionuclides, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as
shown in the following table:
Hazardous waste, for the purposes of this chapter,
means any material that is subject to the Hazardous
Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR Part 262.
Hazmat employee means:
(1) A person who is:
(i) Employed on a full-time, part time, or temporary basis by a hazmat employer and who in the
course of such full time, part time or temporary employment directly affects hazardous materials transportation
safety;
(ii) Self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting
hazardous materials in commerce who in the course of
such self-employment directly affects hazardous materials transportation safety;
Concentration by weight
RQ pounds
(kilograms)
The term does not include petroleum, including
crude oil or any fraction thereof which is not otherwise
specifically listed or designated as a hazardous substance in appendix A to §172.101 of this subchapter,
and the term does not include natural gas, natural gas
liquids, liquefied natural gas, or synthetic gas usable for
fuel (or mixtures of natural gas and such synthetic gas).
Hazmat means a hazardous material.
(1) Is listed in the appendix A to §172.101 of
this subchapter;
5,000 (2270)
Editor’s Example: Saccharin is listed in Appendix
A to §172.101 with a 100 lb. RQ. A material is a
hazardous substance for saccharin if:
A single container contains 100 lbs. of saccharin, and
The saccharin exceeds 0.2% of the mixture.
Percent
10
PPM
100,000
1,000 (454)
2
20,000
100 (45.4)
0.2
2,000
10 (4.54)
0.02
200
1 (0.454)
0.002
20
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Presentation 8: Special Hazardous Materials Classification Issues
(iii) A railroad signalman; or
(iv) A railroad maintenance-of-way employee.
(2) This term includes an individual, employed
on a full time, part time, or temporary basis by a hazmat
employer, or who is self-employed, who during the
course of employment:
(i) Loads, unloads, or handles hazardous materials;
(ii) Designs, manufactures, fabricates,
inspects, marks, maintains, reconditions, repairs, or
tests a package, container or packaging component that
is represented, marked, certified, or sold as qualified for
use in transporting hazardous material in commerce.
(iii) Prepares hazardous materials for transportation;
(iv) Is responsible for safety of transporting
hazardous materials;
(v) Operates a vehicle used to transport hazardous materials.
Hazmat employer means:
(1) A person who employs or uses at least one
hazmat employee on a fulltime, part time, or temporary
basis; and who:
(iii) Designs, manufactures, fabricates,
inspects, marks, maintains, reconditions, repairs or tests
a package, container, or packaging component that is
represented, marked, certified, or sold by that person as
qualified for use in transporting hazardous materials in
commerce; or
(3) A department, agency, or instrumentality of
the United States Government, or an authority of a
State, political subdivision of a State, or an Indian tribe;
and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates,
inspects, marks, maintains, reconditions, repairs or tests
a package, container, or packaging component that is
represented, marked, certified, or sold by that person as
qualified for use in transporting hazardous materials in
commerce.
Marine pollutant means a material which is listed
in appendix B to §172.101 of this subchapter (also see
§171.4) and, when in a solution or mixture of one or
more marine pollutants, is packaged in a concentration
which equals or exceeds:
(i) Transports hazardous materials in com-
(1) Ten percent by weight of the solution or
mixture for materials listed in the appendix; or
(ii) Causes hazardous materials to be transported in commerce; or
(2) One percent by weight of the solution or
mixture for materials that are identified as severe
marine pollutants in the appendix.
merce;
(iii) Designs, manufactures, fabricates,
inspects, marks, maintains, reconditions, repairs or tests
a package, container, or packaging component that is
represented, marked, certified, or sold by that person as
qualified for use in transporting hazardous materials in
commerce;
(2) A person who is self-employed (including
an owner-operator of a motor vehicle, vessel, or aircraft) transporting materials in commerce; and who:
(i) Transports hazardous materials in com-
Editor’s Note: 49 CFR 171.4 excludes “non-bulk”
packages from marine pollutant requirements unless
all or part of the shipment is by vessel.
Editor’s Note: Materials not listed in Appendix B
to 49 CFR 172.101 may be transported as marine
pollutants if they meet the criteria for marine pollutants in Chapter 2.9 of the IMDG Code. [49 CFR
172.101, Appendix B, Note 4]
merce;
(ii) Causes hazardous materials to be transported in commerce; or
© 2015 Lion Technology Inc., Lafayette, NJ 07848
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HMT 300‐ Hazardous Materials Transportation Certification
SAMPLE OF 49 CFR 172.101, APPENDIX A
List of Hazardous Substances and Reportable Quantities
Table 1—Hazardous Substances Other Than Radionuclides
Hazardous Substance
Reportable Quantity (RQ)
Pounds (Kilograms)
A2213
5000 (2270)
Acenaphthene
100 (45.4)
Acenaphthylene
5000 (2270)
Acetaldehyde
1000 (454)
Acetaldehyde, chloro-
1000 (454)
Acetaldehyde, trichloro-
5000 (2270)
Acetic acid
5000 (2270)
Acetic acid (2,4-dichlorophenoxy)-, salts & esters
100 (45.4)
Acetic acid, ethyl ester
5000 (2270)
Acetic acid, fluoro-, sodium salt
10 (4.54)
Acetic acid, lead(2+) salt
10 (4.54)
Acetic acid, thallium(1+) salt
100 (45.4)
Acetic acid, (2,4,5-trichlorophenoxy)-
1000 (454)
Acetic anhydride
5000 (2270)
Acetone
5000 (2270)
Acetone cyanohydrin
10 (4.54)
Benzene
10 (4.54)
10 (4.54)
Benzeneacetic acid, 4-chloro-a-(4-chlorophenyl)-a-hydroxy-, ethyl ester
Benzene, 1-bromo-4-phenoxy-
100 (45.4)
Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-
10 (4.54)
Benzene, chloro-
100 (45.4)
Benzene, chloromethyl-
100 (45.4)
Benzenediamine, ar-methyl-
10 (4.54)
Thiourea, phenyl-
100 (45.4)
Thiram
10 (4.54)
Tirpate
100 (45.4)
Titanium tetrachloride
1000 (454)
Toluene
1000 (454)
Toluenediamine
10 (4.54)
2,4-Toluene diamine
10 (4.54)
Toluene diisocyanate
100 (45.4)
2,4-Toluene diisocyanate
100 (45.4)
o-Toluidine
100 (45.4)
p-Toluidine
100 (45.4)
o-Toluidine hydrochloride
100 (45.4)
Toxaphene
1 (0.454)
2,4,5-TP acid
100 (45.4)
2,4,5-TP esters
100 (45.4)
Triallate
100 (45.4)
1H-1,2,4-Triazol-3-amine
10 (4.54)
Trichlorfon
100 (45.4)
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Presentation 8: Special Hazardous Materials Classification Issues
SAMPLE OF 49 CFR 172.101, APPENDIX B
List of Marine Pollutants
List of Marine Pollutants
List of Marine Pollutants
S.M.P.
(1)
Marine pollutant
(2)
S.M.P.
(1)
N, N-Bis (2-hydroxyethyl) oleamide
(LOA)
Acetone cyanohydrin, stabilized
Acetylene tetrabromide
PP...........
Acetylene tetrachloride
Brodifacoum
Bromine cyanide
Acraldehyde, inhibited
Bromoacetone
Acrolein, inhibited
Bromoallylene
Acrolein, stabilized
Bromobenzene
Acrylic aldehyde, inhibited
ortho-Bromobenzyl cyanide
Alcohol C-12 - C-16 poly(1-6)ethoxylate
Bromocyane
Alcohol C-6 - C-17 (secondary)poly(36)ethoxylate
Bromoform
PP...........
Aldicarb
PP...........
Marine pollutant
(2)
Bromophos-ethyl
Aldrin
3-Bromopropene
Alkyl (c12-c14) dimethylamine
Bromoxynil
Alkyl (c7-c9) nitrates
Butanedione
Alkylbenzenesulphonates, branched and
straight chain (excluding C11–C13
straight chain or branched chain homologues)
2-Butenal, stabilized
Butyl benzyl phthalate
N-tert-butyl-N-cyclopropyl-6-methylthio-1,3,5-triazine-2,4-diamine
Allyl bromide
2,4-Di-tert-butylphenol
ortho-Aminoanisole
PP...........
Aminocarb
Ammonium dinitro-o-cresolate
n-Amylbenzene
PP...........
Azinphos-ethyl
PP...........
Azinphos-methyl
2,6-Di-tert-butylphenol
para-tertiary-butyltoluene
PP...........
Cadmium compounds
Cadmium sulphide
Calcium arsenate
Barium cyanide
Calcium arsenate and calcium arsenite,
mixtures, solid
Bendiocarb
Calcium cyanide
Benomyl
Benquinox
PP...........
Camphechlor
Carbaryl
Benzyl chlorocarbonate
Benzyl chloroformate
PP...........
Binapacryl
© 2015 Lion Technology Inc., Lafayette, NJ 07848
8/25/15
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