By David Gecic
Can I transport that hazardous chemical myself? Many law-enforcement people and – even worse – industrial shippers and suppliers do not understand some regulations dealing with small quantities of hazardous materials.
“Honest officer, I’m allowed to carry this flammable, corrosive, caustic solution around in my car.”
Meanwhile in the parking lot of the big box store nearby someone is driving away with cases of bleach, lighter fluid for their grill, drain cleaner, propane for their other grill and chlorine pellets for their swimming pool rattling around in their trunk. Most people are not aware that something is hazardous.
The trunk of my car has occasionally been full of corrosives and I often expected that I would be pulled over someday. I’ve often thought I need to have a large “Corrosive” placard on the side of my Ford Focus.
I’ve had to argue with suppliers about carrying samples.
I do it. Sometimes. Maybe you can’t. Maybe you can.
Who Can Transport Hazardous Materials?
Because chemicals are my business, I carry chemicals needed in the pursuit of my profession. That doesn’t mean I throw anything into my car and drive off. The rules for shipping hazardous materials are very specific but have allowances with very few regulations in many instances.
Did you ever go to home depot and get a gallon of paint thinner or a bottle of Draino? You were probably in violation of hazardous shipping regulations.
A hazardous material may protect the passengers or the vehicle itself. It may be necessary to run or maintain the vehicle. This exemption applies to fire extinguishers, bug spray, and batteries.
When transporting a hazardous material to another location of your company for a non-routine reason, you can clearly use this exemption. Done on a day-to-day basis, you can probably do it without problems. BUT the DOT can consider that a delivery.
Because, deliveries are a different matter. For instance, although I can carry samples to customers, I cannot make a delivery of a regular order. If the customer orders a gallon of bleach every month technically it is product not a sample. I am not a delivery service. Therefore, it must be properly labeled, have all the necessary paperwork, and I must have all the necessary training required to transport it. The rules specifically state: “in direct support of a principal business that is other than transportation”.
However, if during normal business activities you carry hazardous chemicals, you qualify under the exemption. A painter transporting solvent to a workplace qualifies under this exemption. If you carry a hazardous substance to a customer to fix a problem, and it is a business-related problem, you should also qualify.
And…
The fire extinguisher in a car.
A can of Fix-A-Flat in the trunk of a car.
Swimming pool maintenance people who transport acidic cleaning supplies or chlorine.
Landscapers with weed killers or fertilizers or gasoline for a lawn mower.
The can of hair spray the woman who does hair uses when she visits someone’s house.
A plumber who brings a propane torch to fix copper pipes.
The guy painting a house who uses solvents to clean his brushes.
The cleaning service that carries their own cleaning supplies.
Exterminators usually carry several different hazardous substances.
There are a lot of small, day-to-day examples that use this exemption. Most people who using it on a day-to-day basis don’t even know it exists.
The Rules for Materials of Trade (MOT)
The MOT exemptions are codified in 49 CFR 173.6. Here is the Text of MOT Regulations. No transportation regulations exist for MOT besides those outlined in this section.
Hazardous materials are classified into three groups with “Packing Group 1” being the most dangerous. These is detailed on the label or SDS of any product.
The packaging limitations are: 1 pound or 1 pint for Class 1 materials, 66 pounds or 8 gallons for Class 2 and Class 3 materials.
Additional up to 400 gallons of a 2% solution of a Hazard Class 9 material can be transported. A Class 9 material is one that is hazardous but does not meet the definition of any other of the 8 other types of hazardous materials. Class 6 is flammable. Class 8 is corrosive. Some types of fertilizer and pesticide would fall under a Class 9 hazardous product.
The biggest thing about the MOT exemption is that it allows you to transport materials without having to fill out or carry the required paperwork. Shipping papers, emergency response booklets, and formal hazardous shipping training are not required.
Gasses and Special Substances
Flammable and non-flammable compressed gasses have a limit of 220 pounds or a 70 gallon permanently mounted tank. Poisonous gasses have special restrictions and usually cannot be transported.
Only one-ounce containers of “Dangerously When Wet” materials may be transported.
Infectious materials can be transported but the packaging restrictions are very strict.
An MOT exemption cannot apply to products that are “self-reactive”, “Poisonous by Inhalation”, or a “Hazardous Waste”. Small samples brought to an outside facility for testing are not hazardous wastes. An MOT exemption does not apply to radioactive substances. They are covered by other regulations.
Gasoline
Gasoline may be transported in OSHA approved metal or plastic containers. The OSHA regulations are 29 CFR 1910.106 (d)(2) and 29 CFR 1926.152 (a)(1).
The DOT classifies gasoline as UN-1203, Class 3, Packing Group II. Since it is a Packing Group II, the limit is 8 gallons of gasoline. If you do yard-work and use it to operate mowers or other gas-powered equipment then you can transport it. If it is needed for use in generators or compressors you can transport it.
Diesel Fuel
Diesel fuel is a special case that has caused a lot of controversy and disagreement and confusion over the years.
Fuel with a flash point above 100 degrees F can be reclassified as a combustible liquid. There are special regulations that allow a combustible liquid to not require special labeling or transportation requirements. As long as you are transporting less than 119 gallons of diesel fuel you are free of just about any DOT regulation. OSHA may still require some packaging in drums or secure containers but the DOT does not regulate it.
This exception was in part for the agricultural industry since they use diesel fuel in equipment. This prevents requiring excessive labeling or transportation regulations. However, if a farmer drives on local roads between fields, he can carry larger amounts of fuel. The rules for diesel fuel are very specific and complex. They do not officially qualify as an MOT.
Packaging
Transport materials in the original containers or a container or equal or greater strength or integrity. They must be closed and sealed so they do not leak. Securely fasten all materials so they do not spill. Protect all containers so they do not rupture. All original labels should remain on the packages if possible.
Do you want to transport hazardous materials?
When you use hazardous materials for your job, you should consider how and why you need them. Just because you can transport 8 gallons of paint stripper or corrosive acid do you need to? Hazardous materials are still hazardous no matter how small the amount is.
A traffic accident even with a small amount of hazardous material can turn into a major incident. You can harm yourself. You can harm others. A material spill, even though it may be a small quantity can cause major problems. You cannot spill hazardous materials out on a roadside. If a gas can ruptures, bad things happen. A corrosive can spill and eat through the bottom of your car.
It is not pleasant and may be dangerous to operate a vehicle with just a small amount of solvent smell. Also, it can interfere with your ability to drive.
Consider what you need, how you need to use it, and how hazardous it is. Basically, when in doubt don’t carry it with you.
We all know Draino, bleach, hydrogen peroxide, rubbing alcohol, Grecian Formula 13, Tarn-X, vodka, and a myriad of other products are actually hazardous substances. But we should be careful with these products too.
Some Bottom Lines
If you need to use a flammable solvent such as acetone, methyl ethyl ketone, or isopropyl alcohol they are in packing group II or III. You can carry up to 8-gallons legally.
If you need gasoline to run equipment in your business you can carry up to 8-gallons legally.
Diesel fuel has very lenient rules and you can transport larger amounts. Usually very few rules apply to volumes under 119 gallons.
Most industrial cleaners are either dilute enough or fall under UN-1760 as “non-otherwise specified” and list their major ingredients. They usually fall under Packing Group II or III and you can transport up to 8 gallons. Check the label or the SDS for the packing group. Packing group I is more hazardous. The limit for packing group I is one pint.
Acidic cleaning products that contain sulfuric or hydrochloric (muriatic) acid are normally in packing group II or III. Therefore, you can carry up to 8 gallons of them.
Usually, phosphoric acid cleaning products and metal treatments are in packing group III and you can carry up to 8 gallons of that chemical.
Some aluminum cleaners contain hydrofluoric acid and they may be in packing group I. Therefore, you can only transport one pint of them. However, others are dilute enough that they are in packing group II and you can transport 8 gallons. Look at the SDS or label.
Alkaline cleaners containing potassium hydroxide (caustic potash) and sodium hydroxide (lye) are packing group II or III. Therefore, you can carry 8 gallons of them.
Other considerations
Transporting materials for use with the Department of Defense, Department or Energy, or any other branch of the government have special exemptions and requirements. The specific department should have any information needed for transport of these materials.
If someone is transporting a material of trade for you, you must inform them that it is hazardous. If you have employees, you don’t have to have a formal training session. However, you have to tell them the material is hazardous and give them access to the SDS and other safety information. They do not have to carry it with them but they need to have access to them.
Of course, state or local governments add additional restrictions. These rules only summarize the federal regulations. In addition, Some products may be blends of different materials that will cause the regulations to be different. In other words, look at the actual text of the regulations and look closely at the SDS of any products that you are using. Towards the back of the SDS they should clearly show the hazard class and packing group.
For more information about packing groups and other label elements are you can read our article Hazardous Material Descriptions Decoded.