The Hazardous Material Regulation
Regulation by both EPA and DOT as directed by Congress. RCRA 3003(b) directs any Hazmat transportation regulation be consistent with the Hazmat Transportation Act and the Hazmat Transportation Uniform Safety Act
The Hazardous Material Regulation
The HMTA is promulgated in 49CFR171-177, and address:
emergency regulationsnotification, incident reportsshipping papers, placardinglabeling, training, etc.
The Hazardous Material Regulation
171-General Information, Definitions, Applicability
172-Hazardous Material Table, HazComm, Emergency Response
173-Shippers General Requirements for shipments and packaging.
The Hazardous Material Regulation
174 - Carriage by rail175 - Carriage by aircraft176 - Carriage by vessel177 - Carriage by public highway178 - Specifications for packaging179 - Specifications for tank cars180 - Continuing Quals/Maint
The Hazardous Material Regulation
Other related Agencies or Laws:
EPA RCRA, CERCLA, TSCA,
OSHA: HAZWOPER, HAZCOM,
The Hazardous Material Regulation
The last major update to the HMR occurred this year with HM215b
This law made over 200 changes to the existing standard.
Most were minor changesA major revision in 1990 brought the
US in line with the UN
The HMRGeneral Requirements
No person may offer, accept for transportation, or transport a material unless it is properly classed, packaged, marked, etc
No transport unless material is properly handled or exempted (49CFR107)
The HMRGeneral Requirements
No person may represent packaging as meeting the HMR if it has not been tested, even if the package is not to be used for HM
Persons functioning in parts 178, 179, or 180 must be approved in accordance with that part of HMR
The HMRGeneral Requirements
No person shall mark any vehicle or container as containing HM unless it is actually present.
No person shall unlawfully alter, remove, deface labels, placards, documents required the HMR
The HMRHazardous Waste (171.3)
No person may accept for transportation, transport, or deliver HW unless: the motor vehicle has been
marked as such (390.21) even if placards are not required.
HW is manifested per 172.205 the quanitity is delivered properly.
The HMRHazardous Waste (171.3)
Federal law specifies penalties up to 25,000 fine and five years in prison for the willful discharge of hazardous waste at other than designated facilities
Be aware that both the EPA and DOT have armed US Marshalls.
The HMRMarine Pollutants (171.4)
Materials known to be toxic to aquatic organisms.
Special Provisions resulting from 1973 International Convention for Preventing Pollution from Ships
Non-bulk packages are exempted on highways, rail, or aircraft.
The HMRNotice of Incident (171.15)
Required when: a person is killed or hospitalized public evacuation, $50,000 damage trans. artery or facility closed routine flight pattern altered radioactive or infectious other
The HMRNotice of Incident (171.15)
Reported to: DOT CHEMTREC CDC (if infectious) EPA (if RQ regardless of above conditions)
The HMRNotice of Incident (171.15)
Required Information: name of person making report name and address of carrier phone number of person reporting date, time, location of incident extent of any injuries class, name, and quantity of HM
The HMRNotice of Incident (171.15)
Carriers and Shippers are required to support investigations and special studies. All records and info must be made available.
In response to a DOT inquiry, full, true and correct answers must be provided with 30 days.
The HMRTraining
All Hazmat employees must receive training
Training may be provided by the employer or private sources
Employers shall ensure each Hazmat employee is tested to certify their knowledge on HMR
The HMRTraining Must Include
General Awareness TrainingFunction Specific TrainingSafety TrainingDriver Training (if applicable)Mode of Transport Training
HMR General Awareness Training
Familiarity with the General Provisions of the HMR
Ability to Recognize and identify HM that are marked labeled or otherwise packaged.
HMR Function Specific Training
Provides the employee with the knowledge skills and abilities to perform the their specific job under the HMR
Training required under OSHa or EPA may meet these requirements
HMR Safety Training
Emergency ResponseEmployee Protection (OSHA) PPESpecific measures implemented
by the employer to prevent worker exposure
Methods and procedures to avoid accidents
HMR Driver Training
Covered in the Carriage by Public Highway section of the standard
Addresses vehicle operation References driver quals (CDL)Must include knowledge of
Hazmat handled and response
HMR Mode Specific Training
Carriage by aircraft/rail Carriers/connecting carriers must
provide training to HM employees
Carriage by vessel Carriers/connecting carriers must
provide training to HM employees Documentation must kept on board
HMR TrainingPeriodicity/Records
Training must be within 90 days of employment or assignment
Refresher training every 2 yearsTraining from previous employers
acceptable if documented.Documentation: name, date,
description, instructor, grade
HMR IntroductionDiscussion
What Title of the CFR covers transportation of HazMats?
What part of the standard addresses carriage by aircraft?
What part of the standard addresses carriage by vessel?
What incidents are reportable?
HMR IntroductionDiscussion
Who are Hazmat transportation incidents reported to?
What information must be in these reports?
What are the max penalties associated with the HMR
HMR IntroductionDiscussion
When can Hazmat be transported without papers/placards?
Do all hazardous waste vehicles have to be placarded?
Can I sell my drums marked as DOT spec for solid wastes if they fail DOT testing.
HMR IntroductionDiscussion
Can I change the color of my DOT package labels to contrast with my packaging.
What standard addresses the classification and manifesting of hazardous wastes?