Limited Quantities and Hazardous Waste Samples
The following information is intended and provided as guidance only. For complete classification and transport and safety rules you must consult EPA, DOT, OSHA, and other applicable rules and regulations
So you have a sample of Hazardous Waste flammable liquid which needs to be shipped to a laboratory to determine its composition. The chain of custody you have does NOT have the information needed to double (be used) as a shipping paper.
You have some combination packages available but none of them are approved UN performance oriented packages.
From previous experience you know the material falls into packing group II.
Suddenly one of those little light bulbs goes off in your head and you think, “I can ship this as a Limited Quantity”.
You pull out your DOT regulations (a book if you are my age or your phone if you are my son’s age) to check the reg.s. The hazardous materials table directs you to section 173.150 for exceptions where you find the exception for limited quantity shipments and you read
“ (b) Limited quantities. Limited quantities of flammable liquids (Class 3) and combustible liquids are excepted from labeling requirements, unless the material is offered for transportation or transported by aircraft, and are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. For transportation by aircraft, the package must also conform to applicable requirements of § 173.27 of this part (e.g., authorized materials, inner packaging quantity limits and closure securement) and only hazardous material authorized aboard passenger-carrying aircraft may be transported as a limited quantity. A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. In addition, shipments of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. Except for transportation by aircraft, the following combination packagings are authorized:
(1) For flammable liquids in Packing Group I, inner packagings not over 0.5 L (0.1 gallon) net capacity each, packed in a strong outer packaging;
(2) For flammable liquids in Packing Group II, inner packagings not over 1.0 L (0.3 gallons) net capacity each, packed in a strong outer packaging.
(3) For flammable liquids in Packing Group III and combustible liquids, inner packagings not over 5.0 L (1.3 gallons) net capacity each, packed in a strong outer packaging.
Reading this you gather that you will have to generate a shipping paper since it is a Hazardous Waste.
Well …. Not so fast because you see a “Hazardous Waste is not Necessarily a Hazardous Waste”.
WHAT??
I know this isn’t the Multi-Verse. Let me rephrase that:
An EPA defined hazardous waste is not necessarily a DOT defined hazardous waste.
If you look at DOT’s definition in 49 CFR 171.8 a Hazardous Waste is defined :
“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.
So DOT only recognizes waste which EPA requires be shipped on a manifest
In 40 CFR 261.4(d)(1) EPA states (with some conditions):
“ Except as provided in paragraphs (d)(2) and (4) of this section, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this part or parts 262 through 268 or part 270 or part 124 of this chapter or to the notification requirements of section 3010 of RCRA, when:
(i) The sample is being transported to a laboratory for the purpose of testing; or
(ii) The sample is being transported back to the sample collector after testing; or
(iii) The sample is being stored by the sample collector before transport to a laboratory for testing; or
(iv) The sample is being stored in a laboratory before testing; or
(v) The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or
(vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).”
The requirements to use a manifest are found in part 262 which samples (which meet the conditions set forth in 261.4(d)) are not subject to.
To summarize in a generalized form.
Hazardous waste samples meeting 261.4(d) do not have to be manifested.
DOT only recognizes hazardous waste which require a manifest.
So samples when shipped by ground under the limited quantity exception do not require shipping papers nor DOT performance oriented packages simple combination packages may be sufficient.
This exception does NOT apply to air transport.
Excerpts were provided in this blog. To assure proper classification and handling of your material you must review the entire sections of the applicable regulations since both DOT and EPA have exceptions and exceptions to exceptions etc. etc…