I have a question about whether any of the following items would fall into scope of ADR or CDG, and also if there is a regulation quote that proves it either way… cheers…
a. under 333L of petrol(1203) with 667L of water in a 1000L suitable package.
b. under 333L of petrol(1203) with 667L of diesel(1202) in a 1000L suitable package.
c. under 1000L of diesel(1202) with 1000L of water in a 2000L Road-tow fuel bowser.
a.j.riggs:
I have a question about whether any of the following items would fall into scope of ADR or CDG, and also if there is a regulation quote that proves it either way… cheers…a. under 333L of petrol(1203) with 667L of water in a 1000L suitable package.
b. under 333L of petrol(1203) with 667L of diesel(1202) in a 1000L suitable package.
c. under 1000L of diesel(1202) with 1000L of water in a 2000L Road-tow fuel bowser.
Hi,
I’m taking your question exactly as it’s worded.
a. is not subject to full ADR requirements because the relevant Transport Category load limit is not exceeded and can be carried by use of the small load exemption.
The quote from Regs is CDG 2009 (as amended) Reg.5 and ADR 2011 1.1.3.6.3
b. Sorry mate, there’s insufficient info for me to answer this one.
I must ask you a question here… is the “suitable package” compartmented? (Y/N.■■)
Since petrol and diesel are in different Transport Categories, the amounts of both must be known because there is a calculation to perform before an answer can be given.
If the “suitable package” is not compartmented, then the two substances will mix, so then you’re probably speaking of kerosene or aviation fuel which are different substances in their own right.
c. Sorry mate, there’s insufficient info for me to answer this one.
The answer to this one will depend on whether the “road tow bowser” counts as an IBC or a tank.
If I had a bit of background as to how these questions arise and the context of them, I could probably be of more help. 
I looked at this one Dave, and decided it was one for you, but I was thinking along the lines of a contaminant or even thinking Class 9 Miscellaneous.
Basically the company i work for does jobs on fuel storage tanks, we remove contaminated diesel or petrol, sometimes with a water content. Store on the vehicle in either an ibc for diesel or diesel/water or an uncompartmented double skinned 1000L ‘hazmat tank’ for petrol/water/diesel mix. As we can work for 2 weeks or so before offloading at a waste station. But we work to the limits mentioned assuming we’re out of ADR scope, knowing that once we go other the mentioned a,b,c we’re in scope, but just wanted clarfication of what we believe. Also the bowser is classed as an ibc. so i guess if i re-word the points to.
a. 332L of petrol mixed with 668L of water in the 1000L hazmat tank. (Here i was thinking because petrol is mixed with a non hazardous good it’s not in scope.)
b. 332L of petrol mixed with 668L of diesel in the 1000L hazmat tank. (Here i was thinking because it’s mixed with another hazardous good, despite being below diesels threshold, theres some rule that puts it over. and if so, how do we calculate the tipping point)
c. water mixed with diesel at the levels of 1000L of water and 1000L of diesel in a 2000L road tow bowser classed as an ibc (Here i was thinking because it’s mixed with a non hazardous good it’s not in scope.)
Is there different rules for contaminated/mixed liquid containers Dave?
a.j.riggs:
Basically the company i work for does jobs on fuel storage tanks, we remove contaminated diesel or petrol, sometimes with a water content. Store on the vehicle in either an ibc for diesel or diesel/water or an uncompartmented double skinned 1000L ‘hazmat tank’ for petrol/water/diesel mix. As we can work for 2 weeks or so before offloading at a waste station. But we work to the limits mentioned assuming we’re out of ADR scope, knowing that once we go other the mentioned a,b,c we’re in scope, but just wanted clarfication of what we believe. Also the bowser is classed as an ibc. so i guess if i re-word the points to.
Hi a.j.riggs,
Sorry for the delay.
I’m sorry to say that your (much appreciated) clarification has altered things big-time. 
I also think that the thing you’re calling a ‘hazmat tank’ is actually another form of IBC.
Do the road tow bowser and the ‘hazmat tank’ have a plate like this on them: ?
If so, please check the first three characters of the code… 31A means that we’re talking of a steel IBC in both cases even though they have a different size, shape and appearance.
ADR counts an IBC as a package and treats them accordingly, so we can’t call it/them any kind of ‘tank’ because the rules for tanks are very different to the rules for packages.
Now that we know that we’re speaking of waste, I can tell you that the rules for the carriage of waste are a bit different to the rules for the carriage of ‘normal’ dangerous substances.
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Now to your re-worded questions:
a.j.riggs:
a. 332L of petrol mixed with 668L of water in the 1000L hazmat tank. (Here i was thinking because petrol is mixed with a non hazardous good it’s not in scope.)
Sorry mate, I’m afraid that it doesn’t work like that. 
Your substance isn’t a pure substance, because it contains contaminants other than those that occur during production.
Your substance is therefore, according to ADR, a solution or mixture… so this applies:
The physical and chemical characteristics and physiological properties shall be determined
by measurement or calculation and the substance, solution or mixture shall be classified
according to the criteria mentioned in sub-section 2.2.3.1 of class 3.
(I’ve edited the part I’ve made BLUE to make it make sense in your circumstances.)
ADR covers the notion of your mixture or solution that contains water in this way:
A solution or mixture composed of a single predominant substance mentioned by name in
Table A of Chapter 3.2 and one or more substances not subject to ADR or traces of one or
more substances mentioned by name in Table A of Chapter 3.2, shall be assigned the UN
number and proper shipping name of the predominant substance mentioned by name in
Table A of Chapter 3.2
(Table “A” is the list of dangerous substances.)
Therefore 332L of petrol with 668 L of water will count as 1,000L of flammable liquid (Class 3) because that strength of mixture will still ‘flash’ in a flashpoint test, so then we need to consider this:
The upshot of this is that in your scenario (a) you will have 1,000L of a substance called:
UN 1993 FLAMMABLE LIQUID N.O.S. (contains petrol), 3, PGII
This would exceed the 333L small load exemption for your substance, so full ADR would apply to that job.
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a.j.riggs:
b. 332L of petrol mixed with 668L of diesel in the 1000L hazmat tank. (Here i was thinking because it’s mixed with another hazardous good, despite being below diesels threshold, theres some rule that puts it over. and if so, how do we calculate the tipping point)
This one is pretty straightforward, because you have a petrol/diesel (and maybe just a little water) mixture, so this then applies when you’re not sure:
In case of doubt, the highest danger level shall be taken.
Which means that it’ll be:
UN 1993 FLAMMABLE LIQUID N.O.S. (contains petrol and diesel fuel), 3, PGII
It’s PGII on the basis that a mixture of petrol and diesel fuel won’t meet the criterion for PGI of Class 3.
In order to discover whether this mixture would fall into PGII or PGIII (your notion of “tipping point,”) you’d need to conduct either an on-site flashpoint test, or take a sample to a lab on each occasion (because the ‘recipe’ is different each time) to determine the answer.
However, ADR seems to realise that this isn’t really feasible in all cases and makes a very specific reference to “wastes.”
If this determination is not possible without disproportionate cost or effort (as for some kinds
of wastes), the substance, solution or mixture shall be classified in the class of the
component presenting the major hazard.
==========================================
a.j.riggs:
c. water mixed with diesel at the levels of 1000L of water and 1000L of diesel in a 2000L road tow bowser classed as an ibc (Here i was thinking because it’s mixed with a non hazardous good it’s not in scope.)
I make this pretty much the same as for your scenario (a), except that your substance would now be called:
UN 1993 FLAMMABLE LIQUID N.O.S. (contains diesel fuel), 3, PGIII
You could half fill your bowser to escape full ADR, otherwise ADR applies in full because your stated 2,000L exceeds the 1,000L small load exemption for this substance.
===========================================
So that’s all the legal stuff out of the way, and so to my suggestion for a possible way forward…
IF it’s possible… please consider separating the water from the petrol/diesel in your scenarios (a) and (b) then placing the (slightly) contaminated water in a separate package (another IBC??) That way, the contents of this IBC will count as non-hazardous, and so won’t need to be calculated in your ‘small load’ exemption.
I’d imagine that this should be quite easy to achieve since both petrol and diesel float on water, so the water could be pumped/syphoned out. Another advantage of this idea is that measurement of the actual quantity of dangerous goods will be more accurate. If you do this, the ‘dirty’ water can be carried at the same time as the dangerous goods, but without limit.
BTW, (and before ROG asks 
) if you’re going to use the small load exemption, that applies to either your vehicle OR your vehicle and trailer.
Due to ADR’s definition of ‘vehicle’ (transport unit,) ADR doesn’t allow one exemption for the vehicle PLUS another exemption for the trailer.
Cheers guys. Very useful stuff. Much appreciated.
