March 09, 2026Dear CETA Members,CETA has been receiving questions in relation to Hazmat compliant requirements and possible exemptions or exceptions for businesses in the power cleaning industry. The primary areas of focus centered upon federal compliance standards regarding the transportation of Class 3 and Class 8 hazardous materials, which are regularly used and transported by members of the power cleaning industry. The CETA board of directors tasked the newly formed Regulatory Affairs Subcommittee within the existing CETA Technical Committee to provide our membership with proper and precise information. In an effort to be diligent in responding to our membership, CETA compiled research from within the industry as well as contacting the U.S. Department of Transportation (USDOT). The material presented is intended to communicate current federal hazardous material transportation and compliance guidelines compiled from multiple regulatory agencies. The objective of the CETA Regulatory Affairs subcommittee is to inform members and improve industry awareness, compliance, and safety standards. Ultimately, it is the responsibility of CETA members, and all parties involved, to ensure they are compliant with the most up to date regulatory information as well as local & state regulations. Should you have any questions or concerns please contact CETA at: info@CETA.org. Hazardous Material Classifications: Class 3: Class 3 hazmat laws apply to flammable and combustible liquids, with specific rules for handling, packaging, and transport to mitigate fire hazards. Key regulations include using approved containers, ensuring proper grounding, and bonding during transfers, and affixing specific labels and placards. Laws vary by transportation method (road, sea, air), with requirements for documentation like Safety Data Sheets (SDS) and emergency response guides. See 49 CFR 173.120. Class 8: Class 8 hazmat laws, primarily governed by the USDOT under the Hazardous Materials Regulations (HMR), define corrosive materials as substances that can cause irreversible skin damage or corrode steel/aluminum. These materials may be liquids and solids. Regulations cover proper packaging and labeling, segregation during transport, and specific rules for storage and emergency response. See 49 CFR 173.136. Hazard Limits and Exceptions: Class 3: Generally, you may not need to comply with the complete scope of federal Hazmat regulations (49 CFR Parts 171-180) if you are within the proper container size and overall gallons requirements separately for gasoline and diesel fuel, provided they are transported in multiple containers. This is due to exemptions for materials transported in “non-bulk packaging.” See 49 CFR 173.150. However, because you are transporting fuel as part of a commercial enterprise, you must comply with certain rules and should be aware of important distinctions. “Materials of Trade” exception The “Materials of Trade” (MOT) exception, found in 49 CFR 173.6, allows you to transport small quantities of hazardous materials, such as fuel, without many of the standard Hazmat requirements. This exception applies to materials you carry in direct support of your business and not bulk delivery, separately from the vehicle’s fuel tank. To qualify:
Even with the Materials of Trade (MOT) exception, you must adhere to specific handling and communication standards listed in the MOT regulation. Gasoline is considered a Class 3 flammable liquid, which has more stringent requirements than diesel. To comply with MOT exception for gasoline:
To comply with MOT exception for diesel:
Class 8: Generally, you may not need to comply with the complete scope of federal Hazmat regulations if you are within the proper container size and overall, 1,000 lb. hazardous material weight limits for corrosive materials (Class 8). See 49 CFR 173.154. It is important to consider that densities of Class 8 corrosive substances vary, so the limit of total volume of gallons/liters may also vary among materials. For example, commercial sodium hypochlorite (“SH”) at a concentrated 12.5% compared to a diluted 3% solution will have a higher density and overall weight per gallon. You must use proper packaging, proper labeling on each container, and have the correct SDS. The specific packaging and labeling requirements depend on the product’s packing group and are the shipper’s initial responsibility, with the carrier having the final responsibility to ensure compliance. “Materials of Trade” exception The “Materials of Trade” (MOT) exception (49 CFR 173.6), and general placarding requirements found in 49 CFR 172.504, allow you to transport small quantities of Class 8 corrosive hazardous materials, without many of the standard Hazmat requirements. To qualify:
If you meet the MOT requirements, you will not need to:
As with Class 3 materials, if you are exempt, you still will need to comply with any requirements listed in the MOT regulation, 49 CFR 173.6, which include packaging and hazard communication requirements. Hazardous Material Training: If an employee’s job function involves transportation, regular handling, and/or exposure to hazardous materials, there are various training requirements in accordance with 49 CFR 172.704 and the OSHA “Right to Know” rule regarding Hazard Communication Standard (HAZCOM) at 29 CFR 1910.1200. These include:
Record Keeping: Hazmat employers must create and retain a record of current training for each hazmat employee. Training may need to be updated on a regular basis or as new hazards and elements of the employer’s HAZCOM are introduced. Records must also be kept for 90 days after termination. Where to Find Training: Identify your business’ needs for the level of training required. This may include solely basic awareness HAZCOM training as well as DOT or emergency response (HAZWOPER) training. There are several online or in-person training programs available. Ensure that the training provided is compliant with Federal & Local regulations for your business. State, Local, and Other Regulations: Federal Hazmat regulations apply to both intrastate (within one state) and interstate (between states) commerce. If you are operating only within a single state, you are still subject to these federal rules. State and local jurisdictions may have additional regulations for transporting flammable liquids and hazardous corrosive materials. You should check with your state’s Department of Transportation for any local requirements. Be mindful of the total weight of all hazardous materials. If it exceeds 1,001 pounds, the MOT exception will no longer apply, triggering more extensive Hazmat regulations. Even with the exemptions, you must follow best practices for storing and handling hazardous materials, such as using approved containers, ensuring proper ventilation to prevent spills or fires, proper labeling, paperwork, personal protective equipment (PPE), and required training. Comply with Federal Motor Carrier Safety Administration (FMCSA) guidelines for USDOT for commercial vehicles. Please also seek your state’s licensing bureau for attaining required Commercial Driver’s License (CDL) certifications and endorsements. For additional support, resources, and potential audit requests, contact national and/or regional offices of USDOT or Pipeline and Hazardous Materials Safety Administration (PHMSA). EPA Expands Toxic Chemical Reporting, Strengthening Transparency on PFAS PollutionWASHINGTON — U.S. Environmental Protection Agency (EPA) finalized a rule adding sodium perfluorohexanesulfonate (PFHxS-Na) to the Toxics Release Inventory (TRI). The TRI is a tool that tracks and shares information about chemical releases and pollution prevention activities by factories and other facilities. Under this rule, businesses in covered industries must begin tracking and reporting any use or release of PFHxS-Na, a well-studied PFAS chemical. The first reporting period began Jan. 1, 2026, and the first reports will be due to EPA by July 1, 2027. Because PFHxS-Na is classified as a chemical of special concern, it is subject to a lower reporting threshold, in this case, 100 pounds. “This addition ensures communities have the right to know what chemicals are being used and released in their neighborhoods,” said EPA Assistant Administrator for Chemical Safety and Pollution Prevention Doug Troutman. “Transparency is a critical step toward protecting public health and the environment and holding polluters accountable.” PFHxS-Na is the latest PFAS chemical added to the TRI under a process established by Congress in the 2020 National Defense Authorization Act (NDAA), which directs EPA to automatically include new PFAS chemicals in the inventory each year. With this action, the number of PFAS substances tracked by TRI rises to 206. PFAS are a group of man-made chemicals known for their persistence in the environment and the human body. Because they do not break down easily, PFAS can accumulate over time, prompting growing concern about their potential health and environmental impacts. The TRI program enables Americans to see how facilities in their area handle toxic chemicals, supporting informed local decision-making and advancing EPA’s commitment to environmental transparency. More information for businesses and the public is available on the Reporting for TRI Facilities webpage. |
January 06, 2026
EPA Provides Update on Expiring Confidential Business Information Claims Under the Toxic Substances Control Act
Today, U.S. Environmental Protection Agency (EPA) is announcing the process the agency intends to use to notify companies of upcoming expiring confidential business information claims (CBI) under the Toxic Substances Control Act (TSCA) and how companies can request an extension of expiring CBI claims.
As part of this Administration’s commitment to transparency, EPA strives for open access to chemical information while respecting legal obligations and well-supported claims of confidentiality. Having access to this information strengthens trust, collaboration and innovation and is essential for stakeholders and the public to make informed decisions about health and environmental protections. TSCA allows companies to claim certain chemical information, like a chemical’s name, structure and use, as confidential – meaning EPA is legally not allowed to publicly release this information. Under TSCA, most CBI claims expire 10 years after submission. Expirations are for claims submitted shortly after TSCA was amended in June 2016 by the Lautenberg Act and will occur in June 2026.
In early spring, EPA will post the first list of TSCA submissions with CBI claims expiring starting in June of 2026 on the agency’s TSCA CBI website. The agency will also send direct notices to submitters with expiring claims via the Central Data Exchange (CDX), EPA’s electronic reporting system. EPA recommends that companies review lists of submissions with expiring CBI claims to determine if an extension is necessary. The expiration date for chemical identity claims can be found on the TSCA inventory. Those dates are contained in the column labeled “EXP.”
To request extension of an expiring CBI claim, companies must submit a request electronically via CDX no later than 30 days prior to the expiration date of the claims. The request must include substantiation of the need to extend the period of CBI protection.
EPA is developing a new tool in CDX to collect these requests and expects to have the CDX tool in place prior to June 2026, the time claims begin to expire. If completion of this tool is delayed, EPA will provide notice of this delay and provide an estimated date of completion on the TSCA CBI website. EPA will not release any information subject to expiring claims until companies are given the opportunity to submit extension requests. EPA will review extension requests and either grant an extension or deny the request. If EPA does not receive a request for extension at least 30 days prior to the claim expiration, the agency is not required to safeguard the CBI from disclosure, and the information may be made public without further notice to the submitter.
The regulated community should monitor EPA communications, the Federal Register and the TSCA CBI website for further information relating to the expiration of confidentiality claims for information submitted under TSCA.