Cylinders are HAZMAT?
- Created on Friday, July 01 2011 16:29
- Written by Corey Monahan, PSI-PCI Instructor
The subject of transporting HAZMAT can get complicated. But, if we obey a few regulations, transporting HAZMAT is simple. First we need to define what our HAZMAT is, who is transporting it, and lastly what is required of us to transport our HAZMAT. In the past, we have told students there are regulations relating to the transportation of cylinders and students should check into what regulations apply to their operation. While this was good advice, I have yet to find an operator that did so, thus prompting me to do some digging on my own. What I found was, for the most part, regulations regarding our type of HAZMAT are uniformly based on federal standards, the Department of Transportation (DOT). While individual states may make additional requirements, many just require commercial HAZMAT carriers register with them. However, you should still check with the states you operate in and remember to have those phone numbers available to your students.
First, defining what it takes for a cylinder to be classified as HAZMAT. A cylinder must be valved, have 40 psia (49 CFR 173.115(b) (1)) or more of gas, and be used for commercial purposes. That’s it! So a dive instructor transporting his own tanks to a dive site is hauling HAZMAT, but if his students take their tanks, those are not. However, when the students take the tanks to the fill station and the operator approaches the tanks (becomes “affected”), the cylinder becomes HAZMAT because a dive store’s fill station is a commercial activity. Now, for those employees “affected” by HAZMAT, we already know they must receive function specific training to the HAZMAT, cylinders must be hydro’d, inspected, etc, but many shops mistakenly believe the owner is not an employee. While this may be the IRS or OSHA’s viewpoint, it is not the DOT’s. Under DOT, the owner is also an employee and must received training and abide by the HAZMAT regulations as well. So, a dive store owner filling his personal cylinders out of hydro is illegal. Having defined what a HAZMAT is and who is affected, lets look at the heart of the subject, transportation.
Transporting our type of HAZMAT, breathing cylinders with a combined weight of more than1000 pounds, (cylinders, valves, and contents are weighted) which is around 28 tanks gets very complicated. Commercial transportation of 1000+ pounds requires the operation to become a fully registered, licensed, and insured commercial HAZMAT transportation company. For those shops considering that route, here is just some of what it entails:
Commercial registration & license with DOT and state DOT as HAZMAT carriers, random drug screening for all drivers and mechanics, HAZMAT license endorsement for driver, HAZMAT vehicle insurance, vehicle licensed and inspected to state & federal commercial regulations, commercial road tax (IFTA), driver’s log, maintenance log, submitting to random DOT inspections, manifest of HAZMAT, all non-air cylinders labeled, placards displayed on vehicle, and many other requirements.
Mistakenly, many believe that a commercial driver’s license or placards let them haul as many cylinders as they want. As the list above shows, this is far from legal. Some operations try to get around this by using trailers or hiring a third party to transport the cylinders. DOT considers the trailer to be part of the vehicle, not a separate vehicle. Hiring a third party gets the operation out of most the requirements by making someone else illegal, however a commercial operation, (dive shop for example) hiring someone else to haul their tanks is not the “carrier” but is now the “shipper” and is therefore required to be a registered HAZMAT shipper instead. So, rather than solving the problem, it just creates a new set of violations. Dive clubs and government agencies (fire stations) are another matter.
Most dive clubs operate in a non-profit role, and as such are not commercial and DOT HAZMAT regulations do not apply. However, for many clubs it easier (non-profit paperwork can be very large burden) to be a for-profit corporation that makes no money and then pays no taxes. In this case, while they make no money, they are still a commercial operation and subject as such. Government agencies are a little different. While the government is not required to abide by these regulations, this presents a huge civil liability and most try their best to play by the rules unless they have a specific reason not to. Another area for us to consider is Cylinder Inspector training workshops. Some instructors require the students or host to provide cylinders for the course. Other instructors provide cylinders. Instructors transporting cylinders to a course are doing so commercially and therefore must play by the same rules. Remember though, a cylinder is not a HAZMAT if it has less than 40 psig, so just drain the cylinders before you take them to the course and no paper work is needed.
Now that what our HAZMAT is and who is transporting them has been defined, let’s look at making life simple by transporting less than 1000 pounds. For this, all we need is a manifest, cylinders tested and inspected to federal standards, and the contents marked on each cylinder. We also need to transport them in a safe manner, restrained inside a vehicle for example. We don’t need to be a trucking company or have a special driver’s license. To mark the cylinders, DOT requires labels for all cylinders under the regulations, but they openly admit labeling on breathing air will not be enforced. However, they do care about oxygen or non-air oxidizing (23.5+% O2) mixtures. Most of this is not new to us, but the manifest is.
The requirements for manifests are straight forward:
Shipper Date (DOT is really big on the date block)
Emergency contact number
Quantity of each HAZMAT transported (a cylinder is considered one unit quantity)
United Nations HAZMAT code description (I.E. Air, Compressed, 2.2, UN1002)
Manifests are to be kept for one year
Some notes on the above list:
“Emergency #” – that number MUST be answered by a person at all times the shipment is moving. The purpose of this is if there is an accident, emergency personal can call that number and find out more about the HAZMAT carried. So, the number cannot be the driver’s or passenger’s cell phone. Also, the person answering the phone must be familiar with the HAZMAT being transported, including quantity and types of gas carried. That means if it is the dive store’s number, the staff in the store better know what is going on. Now, if this seems odd, it is. After all if someone finds the manifest, they know what was being carried and why need a number? I agree, but it’s the DOT’s rule.
“UN designation” & “Description of contents” – while most of the manifest format does not need to be written in a specific form, each item must be present. The wording of the description of contents MUST BE EXACTLY AS I PUT IT on the sample manifest. No exceptions. DOT specifically wants that wording.
Now the EXACT wording DOT wants on the manifest is quite simple, we have air, oxygen (don’t forget that O2 kit), and our mixed gases. Air is “Air, Compressed, 2.2 UN 1002” if it has less than 23.5% O2, so just fill in the number of cylinders appropriately. Oxygen is “Oxygen, Compressed, 2.2/5.1 UN1072.” Nitrox or other breathing mixes that have more then 23.5% oxygen would be “Compressed Gas, Oxidizing NOS 2.2, UN3156.” NOS is a DOT catchall category meaning Non-specific and in using it, the percentage of each gas in the mix must be listed. With tri-mix gaining use in the tech community, helium and argon and a block for other is on the sample manifest. Lastly would be a mixed gas that isn’t oxidizing (less than 23.5%), “Compressed Gas, NOS, 2.2, UN1956.”
So, like many things in the dive industry, transporting cylinders can become quite complicated. To simplify this, transport less then 1000 pounds total, fill out a manifest, and just have fun diving instead of becoming a HAZMAT trucking company. I hope this helps clarify how HAZMAT transportation relates to those who include cylinders in their commercial ventures. Lastly I would like to thank Hazardous Materials Specialist Joseph Delorenzo at the Federal Motor Carrier Safety Administration, 708-283-3572, for his assistance with understanding HAZMAT transportation.
If you have question on HAZMAT transportation, please contact the DOT HAZMAT Help Line at (800) 467.4922 or feel free to contact me at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .
Corey Monahan
PSI Instructor
