Toolkit For Hazardous Materialas Transportation Education

TOOLKIT FOR HAZARDOUS
MATERIALS TRANSPORTATION
EDUCATION
This work is sponsored by the U. S. Department of

Transportation Pipeline and Hazardous Materials
Safety Administration (PHMSA). It was conducted
through the Hazardous Materials Cooperative
Research Program (HMCRP), which is administered by
the Transportation Research Board of the National
Academies.
Prepared by
3 Sigma Consultants, LLC
909 Edenbridge Way, Nashville, TN 37215
Module 3: Hazmat
Legal and Regulatory
Environment
2
Learning Outcomes
At the end of this module students will be able to:
1.Identify the principal regulations governing
hazmat transportation.
2.Explain the general layout of the hazardous
materials regulations and locate provisions that
are applicable to specific shipping situations.
3.Describe the operational elements required for
the safe and secure movement of hazmat within
the applicable regulatory requirements.
Topics
Hazmat transportation regulatory context

Overview of legal, and regulatory process
Hazmat legislation and regulations
USDOT regulations
Compliance and enforcement
Other regulatory requirements, standards, and
guidelines
Issues involving multiple/overlapping regulations
The Hazardous Materials Regulations

(HMR)
This module is for educational purposes only.
It does not substitute for the actual
HMR.
For authoritative information consult the
latest edition of the HMR
http://www.ecfr.gov/cgi-bin/text-idx?
sid=69820f56014d9312d67ea8169b0e9e01&c=ecfr&tpl=/ecfrbrowse
/Title49/49tab_02.tpl
and the final rules published in the Federal

Register.
https://www.federalregister.gov/
Source: PHMSA, USDOT, July
2012.
Why Regulate Hazmat

Transportation?
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
6
What Is a Hazardous Material?

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)
7
Basic USDOT Definition of

Hazardous Material
A substance or material, that when
transported in commerce, is capable of
posing an unreasonable risk to:
Health
Safety
Property

2012.
Dangerous Goods Are

Internationally Regulated
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
Background: Overview of U.S.

Legal and Regulatory Process
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"
Source: http://usgovinfo.about.com/od/uscongress/a/fedregulations.htm,
August 2012.
10
Overview of Legal and Regulatory

Process
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.
Source: http://usgovinfo.about.com/od/uscongress/a/fedregulations.htm,
August 2012.
11
Key U.S. Hazmat Legislation and

Regulations
12
The Federal Hazardous Materials

Transportation Law
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
2012.
13
The USDOT Hazardous Materials

Regulations (HMR)
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

2012.
14
Who Is Subject to the HMR?

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

2012.
15
Hazardous Materials Standards

The HMR set forth standards for:
Classification
Packaging
Hazard communication
Emergency response information
Hazmat employee training
Hazmat transportation by various modes
Incident reporting
Security
2012.
16
The Hazardous Materials Table

(HMT)

2012.
17
Whats in the HMT?

Contains more than 3,000 proper shipping names
of commonly shipped hazmat.
Contains 14 columns organized into 10 major
headings.

2012.
18

Classification
Packaging
Incident reporting
Security
2012.
19
USDOT/PHMSA Hazmat
Classification System
Class 1: Explosives
1.1 Mass explosion hazard
1.2 Projection hazard
1.3 Predominately a fire
hazard
1.4 No significant blast hazard
1.5 Very insensitive
explosives; blasting agents
1.6 Extremely insensitive
detonating substances
Class 2: Gases
2.1 Flammable gas
2.2 Non-Flammable
compressed gas
2.3 Poisonous gas
Class 3: Flammable and
Combustible Liquids
49 CFR 173.2
Class 4: Flammable Solids

4.1 Flammable solid
4.2 Spontaneously combustible
material
4.3 Dangerous when wet
material
Class 5: Oxidizing Agents &
Organic Peroxides
5.1 Oxidizer
5.2 Organic peroxide
Class 6: Toxic & Infectious
Substances
6.1 Poisonous materials
6.2 Infectious substance
(Etiologic agent)
Class 7: Radioactive Material
Class 8: Corrosive Material
Class 9: Miscellaneous
Hazardous Materials
20
Class 1 - Explosives
1.1 Mass explosion hazard
(dynamite, TNT)
1.2 Projection hazard
(aerial flares, detonating cord)
1.3 Predominately a fire hazard
(liquid fueled rocket motors, propellant explosives)
1.4 No significant blast hazard

(practice ammunition, signal cartridges)
1.5 Very insensitive explosives; blasting agents

(pilled ammonium nitrate fertilizer-fuel oil mixtures)
1.6 Extremely insensitive detonating substances

(items with a negligible probability of accidental initiation or
propagation)
Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan
2013.
21
Class 2 - Gases
2.1 Flammable gases
(methyl chloride, propane)
2.2 Non-flammable compressed gases

(anhydrous ammonia, carbon dioxide,
compressed
nitrogen)
2.3 Poisonous gases

(chlorine, arsine, methyl bromide)
Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan 2013.
22
Class 3 Flammable and

Combustible Liquids
Flammable - Flashpoint
at
or below 60oC (140oF)
(acetone, gasoline)
Combustible
Flashpoint
above 60oC (140oF) and
below 93 C (200 F)
(No. 6 fuel oil, mineral oil)
Source: 49 CFR 173.120; Defense Ammunition Center, April 2011.; NFPA

472, Jan 2013.
23
Class 4 Flammable Solids

4.1 Flammable Solids
(magnesium pellets, nitrocellulose)
4.2 Spontaneously Combustible

(charcoal briquettes, phosphorous)
4.3 Dangerous When Wet

(magnesium powder, sodium hydride)
Source: Defense Ammunition Center, April 2011.; NFPA 472,

Jan 2013.
24
Class 5 Oxidizing Agents & Organic

Peroxides
5.1 Oxidizers
(ammonium nitrate, calcium
hypochlorite)
5.2 Organic Peroxides

(dibenzoyl peroxide,
peroxyacetic acid)

2013.
25
Class 6 Toxic & Infectious

Substances
6.1 Toxic or Poison
(arsenic compounds, carbon tetrachloride, tear gas)
6.2 Infectious Substance (Etiologic Agent)

(anthrax, botulism, rabies, tetanus)
Source: Defense Ammunition Center, April 2011.; NFPA 472 , Jan 2013.
26
Class 7 Radioactive Materials
Examples
cobalt
uranium hexafluoride
yellow cake

2013.
27
Class 8 Corrosive Materials
Examples
Acids
(nitric acid, sulfuric acid,
batteries)
Alkalis
(sodium hydroxide)

2013.
28
Class 9 Miscellaneous Hazardous

Materials
A material which presents a
hazard during
transportation but which
does not meet the definition
of any other hazard class,
including:
Elevated Temperature
Material
Hazardous Substance
Examples
Hazardous
Waste
Lithium
batteries
Marine
Hot
liquid Pollutant
asphalt
PCBs
Molten sulfur
49 CFR 173.140
29
Hazardous Substances
Listed in 172.101, Appendix A, Table 1
Shipped in one package in a quantity that equals or
exceeds the Reportable Quantity (RQ).
Table 2 in Appendix A lists radionuclide's and their RQs.

2012.
30
Hazardous Waste
Transportation of hazardous waste is regulated by
DOT (49 CFR 171.3, 171.8) and EPA (40 CFR 262263).
All discarded materials must be evaluated to see
if they meet the definition of hazardous waste.
EPA hazardous waste classifications:
Chemicals (generally toxic materials being discarded)
Process wastes (waste streams from a process
operation, most commonly chemical solvents)
Characteristic wastes (ignitibility, corrosivity, reactivity,
toxicity)
Source: Transportation Safety Institute, USDOT,
Feb 2012.
31
Marine Pollutants
A hazmat is also a marine pollutant when:
It is listed in 172.101, Appendix B; AND
The material is in a solution or mixture
meeting specified concentrations
The marine pollutant requirements in the

HMR apply to:
All marine pollutants transported by vessel,
But not to non-bulk shipments by air, rail, or
highway.

2012.
32
Other Materials Covered by Hazmat

Regulations
Forbidden Materials ( 173.21 )
May not be offered for transportation or transported.
Forbidden Explosives (173.54)

ORM-D (Other Regulated Materials Domestic) (
173.144)
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)
33
ORM-D: Consumer Commodities
Classification used
only in the United
States
Source: Defense Ammunition Center,

April 2011.
34
MOT and COMAT

Materials of Trade (MOT) are hazmat carried on
motor vehicles for the carriers 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.
2012.
35

Classification
Packaging
Incident reporting
Security
2012.
36
Packaging
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

2012.
37
General Package Requirements in

the HMR
The hazmat packaging must be:
Able to contain the material

Compatible with the material
Authorized for the material
Closed securely
Filled appropriately
http://www.megacheminc.com/un_packag
ing.htm
Source: Transportation Safety Institute, USDOT,
Feb 2012.
38
HMT Column 5 Packing Group (PG)

Assigned
according to the
relative degree of
danger posed by
the hazmat during
transport:
PGI
PGII
PGIII
greatest
medium
minor

2012.
39
HMT Column 8 Packaging

References
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.

2012.
40
UN Standard Packaging Performance

Tests
Drop test
Leakproofness
Hydrostatic pressure test
Stacking
Cooperage test
Packaging test US only
http://www.westpak.com/hazardous-materials/stacktesting.asp
Vibration test
Source: Defense Ammunition Center,

April 2011.
41
Package Marking Requirements

2012.
42

Classification
Packaging
Shipping papers
Markings, labels, placards
Hazmat transportation by various

Incident reporting
Security
2012.
The prime
objective of all
hazard
communication is
to ensure that the
hazmat
information
needed by
modes
emergency
responders is
readily available
in a standard
format.
43
2012 Emergency Response

Guidebook (ERG)
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
44
Shipping Papers
A properly prepared shipping paper must
accompany any hazmat shipment.
May include:
Shipping
order
Bill of lading
Manifest
Other

2012.
45
General Shipping Paper

Requirements
Legibility
Codes and abbreviations
Additional information
Multiple-page shipping
papers
Continuously monitored
emergency response
telephone number
Documents and forms
2012.
UN1263, Paint, 3, PGII
46
HMT Columns 1-5

Contain the
information required
for the basic
description that is
a key part of the
shipping paper.
Column 2 provides
the proper shipping
name of the
material.
2012.
47
Shipping Description of the Hazmat

1-4
Basic description
5 Total quantity
6 Number and type of packages
UN1114, Benzene, 9, PGII

2012.
48
Shipper Certifications
Domesti
c
Internation
al
2012.
49
Marking, Labeling, and Placarding

Each hazmat package, freight container, and vehicle must
communicate hazard information as prescribed in the HMR.

2012.
50
General Marking Requirements

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

2012.
51
Marking Requirements for NonBulk Packaging
Identification number
Proper shipping name
Technical name(s)
Special permit information
Consignees or consignors name and address
Must be on both sides and both ends of the
package
Must be visible, even after loaded on a rail car.

2012.
52
Marking Requirements for Bulk

Packaging
Identification
numbers
Size of markings
Empty packagings
Fumigant markings

2012.
53
Source: PHMSA, USDOT,

Chart 14.
54
HMT Column 6 Label Codes

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).
Label Substitution
Table

2012.
55
Display of Hazard Class on Labels

2012.
56
Labels for Mixed or Consolidated

Packaging
Mixe
d
2012.
Consolidated
57
Placarding
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.
2012.
58
Placarding Tables
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.

2012.
59
Placarding Specifications
Strength and
durability
Design
Form identification
Exceptions
172.519

2012.
60
Placard Gallery
172.521-560
2012.
61
Example: Class 4 Placards
172.546-548
2012.
62

Classification
Packaging
Incident reporting
Security
2012.
63
Carrier/Shipper Functions
If a carrier repackages hazardous material, the
carrier is functioning as a shipper and MUST
comply with HMR shipper regulations.

2012.
64
Carrier Requirements - Highway

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

2012.
FMCSR
49 CFR 390-397
and other sections
65
Additional Motor Carrier Training

Requirements
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
Source: PHMSA, USDOT, July 2012 and 49 CFR
177.816.
66
Special Loading/Unloading
Requirements
Explosives
Flammable liquids
Storage batteries/nitric acid
Gases
Poisons/TIH
Materials prohibited in driver
compartment
Selected class 4 and 5 materials
Radioactive materials
2012.
67
Example - Gases
Safety requirements for shipping
compressed gas cylinders include:
Securely restrain in
upright or horizontal
position
Load into racks securely
attached to the motor
vehicle
Pack in boxes or crates

2012.
68
Other Motor Carrier Rules

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

2012.
69
Carrier Requirements - Rail

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.
Source: PHMSA, USDOT, July 2012 and 49
CFR 174.
70
Carrier Requirements - Water

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.
49 CFR 176 is divided into Subparts A
through O:
A-D: general information and operating
requirements, and general handling, stowage,
and segregation
E-F: special requirements for transport
vehicles and barges
G-O: detailed requirements for specific
classes of hazardous materials.
Source: PHMSA, USDOT, July 2012 and 49
CFR 176.
71
Stowage and Segregation

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)
Carrier must prepare a dangerous cargo manifest,

list, or stowage plan showing:
Vessel name, official number, nationality

Shipping name, emergency response phone number
I.D. number of each hazmat onboard
Number, description, and gross mass of each type of
package
Hazmat classification(s) from the HMT or IMDG code
Hazmat stowage location(s)
Additional information required by the regulations
2012.
72
Vessel Stowage Locations

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
2012.
73
Additional Water Carrier

Requirements
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.
2012.
74
Carrier Requirements - Air

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

2012.
75
ICAO Technical Instructions

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 171180.

2012.
76
Air Carrier Responsibilities

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
Proper use of CARGO AIRCRAFT
ONLY label
Packages are in good condition
Seals on radioactive material
packages are not broken
2012.
77
Exceptions to Prohibitions Against

Carrying Hazmat
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.
Exceptions include:
Hazmat required for safe

operation of aircraft
Hazmat for personal use of
passengers and crew
Hazmat for use in special aircraft
operations
Hazmat in wheelchairs and other
mobility and medical devices
Miscellaneous hazmat exceptions

2012.
78
Loading Hazmat into Aircraft

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.

2012.
79
Some Other Air Carrier

Requirements
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.

2012.
80

Classification
Packaging
Incident reporting
Security
2012.
81
Required Hazmat Training

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.
Training must include:
General awareness/familiarization
Function-specific/mode-specific training
Safety training
Security awareness training
In-depth security training for some
employees (see 172.800)
Initial training required within 90 days
DOT requires retraining and testing at least once

every 3 years.
Source:
FAAPHMSA,
requires
air
USDOT,
Julycarrier employee training every 2
2012.
years.
82

Classification
Packaging
Incident reporting
Security
2012.
83
Incident Reporting
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)
2012.
84
Other Reportable Incidents

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.
See 49 CFR 171.15-16 for detailed requirements.
2012.
85
PHMSA Hazmat Enforcement

Independent and joint modal field inspections of:
Shipper and carrier transportation facilities
Packaging manufacturing, requalification, repair and
reconditioning facilities
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
2012.
86
Hazmat Enforcement: Other

Agencies
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.
2012.
87
HM Inspections, Violations, and

Penalties
Source: US DOT Pipeline and Hazardous Materials Safety Administration,

Transportation of Hazardous Materials, 2009-2010, October 2011, p. 21.
88
Penalties for Violating HMR

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.
2012.
89
Other Regulatory Requirements,

Standards, and Guidelines
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
90
Issues Involving
Multiple/Overlapping Regulations
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.
2012.
91
Federal Waiver of Preemption

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.
2012.
92
Key Takeaways
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.
93
93
Student Exercises
1. 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.
2. 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.
3. 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?
94
Resources for Support and

Additional Learning
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.
95

Toolkit For Hazardous Materialas Transportation Education

Încărcat de

Informații document

Descriere originală:

Titlu original

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Toolkit For Hazardous Materialas Transportation Education

Încărcat de

Drepturi de autor:

Formate disponibile

TOOLKIT FOR HAZARDOUS

This work is sponsored by the U. S. Department of

Hazmat transportation regulatory context

The Hazardous Materials Regulations

and the final rules published in the Federal

Why Regulate Hazmat

What Is a Hazardous Material?

Institute of Hazardous Material Management (IHMM)

Basic USDOT Definition of

Source: PHMSA, USDOT, July

Dangerous Goods Are

International Maritime Organization (IMO)

Intergovernmental Organisation for International Carriage

International Civil Aviation Organization (ICAO)

International Air Transport Association (IATA)

Background: Overview of U.S.

Overview of Legal and Regulatory

Federal Rulemaking Process

State and local governments have similar processes, but may

Key U.S. Hazmat Legislation and

The Federal Hazardous Materials

The USDOT Hazardous Materials

171 General information, regulations,

Source: PHMSA, USDOT, July

Who Is Subject to the HMR?

Source: PHMSA, USDOT, July

Hazardous Materials Standards

The Hazardous Materials Table

Source: PHMSA, USDOT, July

Whats in the HMT?

Source: PHMSA, USDOT, July

Hazardous Materials Standards

Class 4: Flammable Solids

1.4 No significant blast hazard

1.5 Very insensitive explosives; blasting agents

1.6 Extremely insensitive detonating substances

2.2 Non-flammable compressed gases

2.3 Poisonous gases

Class 3 Flammable and

Source: 49 CFR 173.120; Defense Ammunition Center, April 2011.; NFPA

Class 4 Flammable Solids

4.2 Spontaneously Combustible

4.3 Dangerous When Wet

Source: Defense Ammunition Center, April 2011.; NFPA 472,

Class 5 Oxidizing Agents & Organic

5.2 Organic Peroxides

Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan

Class 6 Toxic & Infectious

6.2 Infectious Substance (Etiologic Agent)

Class 7 Radioactive Materials

Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan

Class 8 Corrosive Materials

Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan

Class 9 Miscellaneous Hazardous

Source: PHMSA, USDOT, July

The marine pollutant requirements in the

Source: PHMSA, USDOT, July

Other Materials Covered by Hazmat

Forbidden Explosives (173.54)

Materials of Trade (MOT) and Company Owned

ORM-D: Consumer Commodities

Source: Defense Ammunition Center,