and the final rules published in the Federal Register.
https://www.federalregister.gov/
The dangerous goods transported, if released or ignited, could cause harm to human health or the environment.
The dangerous goods transported, if released or ignited, could cause harm to human health or the environment.
Some releases are catastrophic.
Texas City, TX, cargo ship explosions, April 1947
Waverly, TN, LP gas tank car, February 1978
Caldecott Tunnel, CA, April 1982
Baltimore, MD, rail tunnel fire, July 2001
Many organizations have offered definitions of the synonymous terms “hazardous materials” and “dangerous goods” to meet various needs (see handout):
Many organizations have offered definitions of the synonymous terms “hazardous materials” and “dangerous goods” to meet various needs (see handout):
Institute of Hazardous Material Management (IHMM)
National Fire Protection Association (NFPA)
U.S. Department of Transportation (DOT)
U.S. Environmental Protection Agency (EPA)
U.S. Occupational Safety and Health Administration (OSHA)
U.S. Nuclear Regulatory Commission (NRC)
U.S. General Services Administration (GSA)
A substance or material, that when transported in commerce, is capable of posing an unreasonable risk to:
A substance or material, that when transported in commerce, is capable of posing an unreasonable risk to:
Health
Safety
Property
UN Recommendations on the Transport of Dangerous Goods
UN Recommendations on the Transport of Dangerous Goods
Not obligatory, but form the basis of many national systems and international agreements
International Maritime Organization (IMO)
International Maritime Dangerous Goods (IMDG) Code, part of the International Convention for the Safety of Life at Sea
Intergovernmental Organisation for International Carriage by Rail
International Carriage of Dangerous Goods by Rail, part of the Convention concerning International Carriage by Rail.
International Civil Aviation Organization (ICAO)
Technical Instructions For The Safe Transport of Dangerous Goods by Air
International Air Transport Association (IATA)
IATA Dangerous Goods Regulations
Congress passes a law designed to address a social or economic need or problem.
Congress passes a law designed to address a social or economic need or problem.
The appropriate regulatory agency then creates regulations necessary to implement the law.
The underlying laws are often referred to as "enabling legislation.“
Desirable guiding principle: “Reasonable regulations lead to voluntary compliance.”
Allows enforcement to be directed toward the "bad actors"
Federal Legislation
Federal Legislation
Examples: Hazardous Material Transportation Act, National Environmental Policy Act, Oil Pollution Act, laws in other spheres
Regulatory Agencies
DOT, EPA and at least 50 others
Create and enforce rules - regulations - that carry the full force of law
Federal Rulemaking Process
The process of creating and enacting federal regulations is generally referred to as the “rulemaking” process.
Regulatory agencies create regulations according to rules and processes defined by Administration Procedure Act.
Agencies must publish all proposed new regulations in the Federal Register at least 30 days before they take effect, and they must provide a way for interested parties to comment, offer amendments, or to object to the regulation.
State and local governments have similar processes, but may not enact laws and regulations that conflict with federal enactments.
49 U.S.C. § 5101 et seq. is the basic statute regulating hazardous materials transportation in the United States.
49 U.S.C. § 5101 et seq. is the basic statute regulating hazardous materials transportation in the United States.
Purpose: to “protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce” (emphasis added)
Gives the Secretary of Transportation the authority to:
Designate material as hazardous
Issue regulations for the safe and secure transportation of hazardous material
49 CFR 171 through 180
49 CFR 171 through 180
171 General information, regulations,
and definitions
172 Hazardous materials table, special
provisions, hazmat communications,
emergency response, training
173 Shippers and packaging
174 Carriage by rail
175 Carriage by aircraft
176 Carriage by vessel
177 Carriage by public highway
178 Specs for packaging
179 Specs for tank cars
180 Continuing qualification and
maintenance of packagings
All persons who:
All persons who:
Transport hazardous materials in commerce
Offer hazardous materials for transportation
Are involved in producing hazmat packaging
Prepare or accept hazmat shipments
Are responsible for hazmat safety
Certify compliance with any requirement under the federal hazmat law
ORM designates a material which, although otherwise subject to 49 CFR 173, presents a limited hazard during transport due to its form, quantity, and packaging.
Examples
consumer commodity
small arms or cartridges
power devices
Materials of Trade (MOT) and Company Owned Material (COMAT)
Materials of Trade (MOT) are hazmat carried on motor vehicles for the carrier’s use, or to support a non-transport business.
Materials of Trade (MOT) are hazmat carried on motor vehicles for the carrier’s use, or to support a non-transport business.
Fewer regulations (e.g., no placarding)
Quantity limits apply
Air carrier Company Owned Materials (COMAT) are regulated as hazmat/dangerous goods.
COMAT shipped as replacement items for installed equipment, serviceable items, or items removed for servicing and repair may be regulated.
Installed equipment containing hazardous materials or hazardous materials required aboard an airplane to meet airworthiness requirements of the FAA are excepted from the HMR.
The HMR set forth standards for:
The HMR set forth standards for:
Classification
Packaging
Hazard communication
Hazmat transportation by various modes
Hazmat employee training
Incident reporting
Emergency response information
Security
In the HMR, “package” refers to the packaging plus its contents.
In the HMR, “package” refers to the packaging plus its contents.
Examples of packaging
Fiberboard boxes
Drums
Portable tanks
Cargo tanks
Tank cars
Cylinders
Bags
Wood boxes
The hazmat packaging must be:
The hazmat packaging must be:
Able to contain the material
Compatible with the material
Authorized for the material
Closed securely
Filled appropriately
Assigned according to the relative degree of danger posed by the hazmat during transport:
Assigned according to the relative degree of danger posed by the hazmat during transport:
PGI greatest
PGII medium
PGIII minor
Columns 8A, 8B, and 8C complete the citations to §173.***.
Columns 8A, 8B, and 8C complete the citations to §173.***.
Go to the cited sections to find the packaging exceptions, non-bulk, and bulk requirements.
Drop test
Drop test
Leakproofness
Hydrostatic pressure test
Stacking
Cooperage test
Packaging test US only
Vibration test
The HMR set forth standards for:
The HMR set forth standards for:
Classification
Packaging
Hazard communication
Shipping papers
Markings, labels, placards
Hazmat transportation by various modes
Hazmat employee training
Incident reporting
Emergency response information
Security
The ERG provides information to first responders to a hazmat incident to help them quickly:
The ERG provides information to first responders to a hazmat incident to help them quickly:
locate shipping papers
identify the dangerous goods involved
take initial actions to protect themselves and the general public
A properly prepared shipping paper must accompany any hazmat shipment.
A properly prepared shipping paper must accompany any hazmat shipment.
Legibility
Legibility
Codes and abbreviations
Additional information
Multiple-page shipping papers
Continuously monitored emergency response telephone number
Documents and forms
Contain the information required for the basic descriptionthat is a key part of the shipping paper.
Contain the information required for the basic descriptionthat is a key part of the shipping paper.
Column 2 provides the proper shipping name of the material.
1-4 Basic description
1-4 Basic description
5 Total quantity
6 Number and type of packages
Each hazmat package, freight container, and vehicle must communicate hazard information as prescribed in the HMR.
Each hazmat package, freight container, and vehicle must communicate hazard information as prescribed in the HMR.
Durable
Durable
Written in English
Printed on or affixed to the surface of the package
Displayed on a sharply contrasting color background
Unobscured by other labels or attachments
Located away from other marking
Identification number
Identification number
Proper shipping name
Technical name(s)
Special permit information
Consignee’s or consignor’s name and address
Must be on both sides and both ends of the package
Must be visible, even after loaded on a rail car.
Identification numbers
Identification numbers
Size of markings
Empty packagings
Fumigant markings
Specifies the hazard warning labels that must be applied to each hazmat package.
Specifies the hazard warning labels that must be applied to each hazmat package.
The codes are defined in the Label Substitution Table found in § 172.101(g).
General rule: if a freight unit contains hazmat there must be placards on both sides and each end displaying the hazard class.
General rule: if a freight unit contains hazmat there must be placards on both sides and each end displaying the hazard class.
§172.504(e) gives details in Tables 1 and 2.
Table 1 – materials for which placards are required for any quantity
Table 1 – materials for which placards are required for any quantity
Table 2 – materials that may or may not require placards, depending on hazard class/division, packaging, and quantity
Consolidated shipments are also a factor.
Strength and durability
Strength and durability
Design
Form identification
Exceptions
The HMR set forth standards for:
The HMR set forth standards for:
Classification
Packaging
Hazard communication
Hazmat transportation by various modes
Hazmat employee training
Incident reporting
Emergency response information
Security
If a carrier repackages hazardous material, the carrier is functioning as a shipper and MUST comply with HMR shipper regulations.
If a carrier repackages hazardous material, the carrier is functioning as a shipper and MUST comply with HMR shipper regulations.
HMR Part 177, applies to common, contract, and private motor carriers transporting hazmat.
HMR Part 177, applies to common, contract, and private motor carriers transporting hazmat.
Must also comply with Federal Motor Carrier Safety Regulations (FMCSR) covering:
Driver qualifications
Hours of service
Equipment standards
Driving and parking rules
Alcohol and controlled substances
Financial responsibility
Operational requirements
Pre-trip safety inspections
Pre-trip safety inspections
Use of vehicle controls and equipment
Operation of vehicle
Maneuvering at tunnels, bridges, and railroad crossings
Attendance of vehicles
Parking
Smoking
Routing
Incident reporting
Loading/unloading of materials
Explosives
Explosives
Flammable liquids
Storage batteries/nitric acid
Gases
Poisons/TIH
Materials prohibited in driver compartment
Selected class 4 and 5 materials
Radioactive materials
Safety requirements for shipping compressed gas cylinders include:
Safety requirements for shipping compressed gas cylinders include:
Hazmat must be loaded, blocked, braced, and unloaded in accordance with the prescribed safeguards.
Hazmat must be loaded, blocked, braced, and unloaded in accordance with the prescribed safeguards.
Minimum separation distances for radioactive materials
Segregation table and compatibility table for mixed shipments and storage
Hazmat restrictions for motor vehicles carrying passengers for hire
Inspect railcars containing hazmat.
Inspect railcars containing hazmat.
Forward hazmat shipments within 48 hours or on first available train.
Follow all applicable separation requirements.
Display required markings and placards on railcars.
Train crews must carry shipping papers, and also a document showing the current location of all hazmat railcars.
Escorted cars must be placed next to or ahead of the car occupied by the guards or technical escorts if placarded as divisions 1.1, 1.2, 2.3, or 6.1.
Leaking packages, other than tank cars, must be repaired, reconditioned, or placed in a salvage drum.
When carrying hazardous materials by vessel, the International Maritime Dangerous Goods (IMDG) Code may be used, as long as HMR §171.12 and §176.11 are also followed.
When carrying hazardous materials by vessel, the International Maritime Dangerous Goods (IMDG) Code may be used, as long as HMR §171.12 and §176.11 are also followed.
E-F: special requirements for transport vehicles and barges
G-O: detailed requirements for specific classes of hazardous materials.
Stowage - where cargo may be located on the vessel and how it is secured
Stowage - where cargo may be located on the vessel and how it is secured
Segregation - separation of hazardous cargo by distance or barriers (see Segregation Table)
Stowage locations authorized for a material are found in HMT column 10, and may include any of the following:
Stowage locations authorized for a material are found in HMT column 10, and may include any of the following:
On deck
Under deck
Under deck and away from heat, with ventilation
See also HMT column 7, Special Provisions
Carrier must secure hazmat packages against movement, and brace them to prevent piercing or crushing from a superimposed load
Stowage of marine pollutants
Stowage of marine pollutants
Handling and stowage of break bulk hazmat
Stowage of transport vehicles, containers, and portable tanks
Hazmat transported on ferry vessels
Extensive requirements for handling and stowage of explosives
Requirements pertaining to hazard classes/divisions 2 through 8.
49 CFR §175 has subparts A, B, and C
49 CFR §175 has subparts A, B, and C
A: inspecting and accepting hazmat shipments, documentation, training, and reporting discrepancies
B: hazmat loading, unloading, and handling, including quantity limitations, stowage, cargo location, and orientation of packages
C: special requirements for certain hazard classes and commodities, such as flammable liquids, poisons, radioactive materials, and infectious substances
Instead of preparing shipments in accordance with 49 CFR, Parts 172 and 173, shippers may classify, package, mark, label, and describe them on shipping papers in accordance with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air.
Instead of preparing shipments in accordance with 49 CFR, Parts 172 and 173, shippers may classify, package, mark, label, and describe them on shipping papers in accordance with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air.
Shipments must still meet all other applicable requirements of 49 CFR §171-180.
Material is authorized and within quantity limits
Material is authorized and within quantity limits
Content and accuracy of shipping papers, including emergency response information and shipper certification
Hazmat packages are marked, labeled, and placarded if required
Seals on radioactive material packages are not broken
Hazardous materials may not be carried in the cabin of a passenger aircraft or on the flight deck of any aircraft, except as authorized in the HMR.
Hazardous materials may not be carried in the cabin of a passenger aircraft or on the flight deck of any aircraft, except as authorized in the HMR.
Passenger aircraft – Hazmat may be carried in a main deck cargo compartment provided that the compartment is inaccessible to passengers and that it meets all certification requirements for a Class B or Class C aircraft cargo compartment.
Passenger aircraft – Hazmat may be carried in a main deck cargo compartment provided that the compartment is inaccessible to passengers and that it meets all certification requirements for a Class B or Class C aircraft cargo compartment.
Cargo aircraft - Load hazmat acceptable in such a manner that a crewmember or other authorized person can see, handle, and – when size and weight permit – separate such packages from other cargo during flight.
Hazmat quantity limitations are found in the HMT, column 9.
Hazmat quantity limitations are found in the HMT, column 9.
Packagings must be designed and constructed to prevent leakage that may be caused by internal pressure changes in altitude and temperature during air transportation.
Venting packages to reduce internal pressure is not permitted.
Specific requirements for packages containing liquids
Hazardous materials shipped by air and authorized for cargo aircraft only must have the CARGO AIRCRAFT ONLY label affixed to the package, in addition to the hazard class label.
Packages must be secured in an aircraft so that movement or damage of the package in flight is prevented.
The HMR set forth standards for:
The HMR set forth standards for:
Classification
Packaging
Hazard communication
Hazmat transportation by various modes
Hazmat employee training
Incident reporting
Emergency response information
Security
Hazmat employers must certify the training of employees who perform functions such as load, unload, or handle the shipment of hazmat, prepare hazmat shipping papers, prepare hazmat shipments for transport, or operate a vehicle moving hazmat.
Hazmat employers must certify the training of employees who perform functions such as load, unload, or handle the shipment of hazmat, prepare hazmat shipping papers, prepare hazmat shipments for transport, or operate a vehicle moving hazmat.
The HMR set forth standards for:
The HMR set forth standards for:
Classification
Packaging
Hazard communication
Hazmat transportation by various modes
Hazmat employee training
Incident reporting
Emergency response information
Security
Many incidents resulting in an unintentional hazmat release must be reported to the National Response Center (NRC) and, in some cases, the Center for Disease Control (CDC).
Many incidents resulting in an unintentional hazmat release must be reported to the National Response Center (NRC) and, in some cases, the Center for Disease Control (CDC).
Some require a telephone report within 12 hours.
All require a written report within 30 days.
Radioactive materials – notify NRC within 12 hours
Infectious substances – notify CDC within 12 hours
Marine pollutants – notify NRC within 12 hours of any release of:
Solid greater than 400 Kg (882 lb)
Liquid greater than 450 L (119 gal)
Telephone report required if any of the following occur:
Telephone report required if any of the following occur:
Death, or injury requiring hospitalization
Change in flight pattern or routine of an aircraft
Shutdown of major facility or transportation artery
Evacuation of the public for one hour or more
Any situation that involves a continuing danger to life
On an aircraft, fire, rupture, explosion, or dangerous heat evolution resulting from a battery or battery-powered device
Written report on DOT Form F 5800.1 is required within 30 days following all telephone reports, and in general for any release of a hazardous waste, or any other hazmat releases of at least 20 liters (5.2 gal) for liquids or 20 Kg (66 lb) for solids.
Cargo vessel ports, rail freight yards, motor carrier and air cargo terminals
Chemical and explosive manufacturing plants
Programmatic inspections of hazardous material transportation systems, procedures, and processes
Civil and criminal enforcement investigations
Accident and incident investigation and failure analysis
Outreach and education
Emergency response
Enforcement authority under the federal hazmat law is shared by PHMSA, FMCSA, FRA, FAA, and USCG.
Enforcement authority under the federal hazmat law is shared by PHMSA, FMCSA, FRA, FAA, and USCG.
FMCSA - the transportation or shipment of hazardous materials by highway. FMCSA also enforces the Federal Motor Carrier Safety Regulations (49 CFR Parts 350-399).
FRA - the transportation or shipment of hazardous materials by railroad. FRA also enforces the rail safety regulations (49 CFR 200-268).
FAA - the transportation or shipment of hazardous materials by air. FAA also enforces all regulations applicable to air carriers and shippers by air issued under the Federal Aviation Act.
USCG - the transportation or shipment of hazardous materials by water. USCG also enforces its own regulations governing the bulk transportation of hazardous materials by vessel, and regulations issued under other laws, such as the Federal Water Pollution Control Act and the Comprehensive Environmental Response, Compensation and Liability Act.
In addition, EPA enforces environmental regulations related to hazardous wastes and substances, and marine pollutants.
Violations of the HMR may result in
Violations of the HMR may result in
Civil penalties of $250 to $110,000
Minimum $495 for training related violation
Each day of a continuing violation is a separate offense
Criminal penalties of up to $250,000 (individuals) and $500,000 (corporations), plus up to ten years in prison
Note: MAP-21 includes language changing some of the penalties, so the regulations will be changing to incorporate the new minimums and maximums.
DOD Military shipments
DOD Military shipments
DOE/NRC Nuclear materials
STB Commercial transportation
OSHA Worker health and safety
NLRB Organized labor
NFPA First responder safety and health
USDA Invasive species
State-level hazmat compliance programs
The federal hazmat law and the HMR provide that, unless authorized by another Federal law, a requirement of a state, local government, or Indian tribe is preempted if:
The federal hazmat law and the HMR provide that, unless authorized by another Federal law, a requirement of a state, local government, or Indian tribe is preempted if:
Compliance with both laws/regulations is not possible.
The non-federal requirement interferes with carrying out the federal law or HMR.
The State, local, or Indian tribe requirement concerns a “covered subject,” and is NOT “substantively the same” as any provision of, the Federal hazmat law/regulation concerning that subject.
The “covered subjects” are those covered in the main provisions of the HMR, e.g., hazmat identification and classification, shipping papers, marking, labeling, packaging, etc.
State and Indian tribe highway routing designations, limitations and requirements relating to hazardous materials will be preempted unless they meet federal procedural and substantive requirements.
Notwithstanding the preemption of a State or local require-ment, DOT may waive preemption upon a showing by the jurisdiction that its requirement:
Notwithstanding the preemption of a State or local require-ment, DOT may waive preemption upon a showing by the jurisdiction that its requirement:
Affords an equal or greater level of protection to the public as is afforded by the federal requirement; and
Does not unreasonably burden commerce.
FMCSA has authority to issue preemption determinations and waivers of preemption concerning highway routing.
PHMSA has authority to issue preemption determinations and waivers of preemption with regard to all other requirements.
There is a right to petition a U.S. Court of Appeals for review of a preemption determination or waiver of preemption.
The hazmat regulations (HMR)are both comprehensive and complex, and cover all aspects preparing and executing hazmat shipments.
The hazmat regulations (HMR)are both comprehensive and complex, and cover all aspects preparing and executing hazmat shipments.
Shippers, carriers, and all other parties involved in making hazmat shipments must comply with the HMR and other regulations.
Regulations are regularly updated and changed; therefore, one must access them frequently to stay in compliance.
The packaging and handling regulations guard against accidental release of hazmat during storage and transport.
The extensive regulations on shipping papers, marking, labeling, and placarding are designed to facilitate hazard communication.
Enforcement of the hazmat regulations is a joint effort of multiple agencies.
For three materials specified by the instructor, use the HMR and HMT to prepare the content of the basic descriptions of each for use on the shipping papers.
For three materials specified by the instructor, use the HMR and HMT to prepare the content of the basic descriptions of each for use on the shipping papers.
Vinyl chloride is to be shipped from a manufacturer in Mississippi to a customer in Manchester, England. Identify the modes that may be used and their respective quantity limits and packaging requirements.
Compare the requirements for shipping small quantities of corrosive substances by air and truck. Does either mode have a competitive advantage or disadvantage due to the HMR?
HM-16 Module 2, Hazmat Transportation Logistics
HM-16 Module 2, Hazmat Transportation Logistics
HM-16 Module 4, Hazmat Mode and Route Selection
49 CFR §171-180, Federal Hazardous Materials Regulations.
PHMSA, Federal Hazardous Materials Transportation Law: An Overview, U.S. Department of Transportation, Washington, DC.
PHMSA, Publications and Training Modules, U.S. Department of Transportation, Washington, D.C http://www.phmsa.dot.gov/hazmat/training/publications.
PHMSA, Technical Reports, U.S. Department of Transportation, Washington, DC, http://phmsa.dot.gov/hazmat/library/reports/technical.
