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TOOLKIT FOR Hazardous Materials Transportation Education

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Title: TOOLKIT FOR Hazardous Materials Transportation Education


1
TOOLKIT FOR Hazardous Materials Transportation
Education
2
Module 3 Hazmat Legal and Regulatory Environment
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
3
Learning Outcomes
  • At the end of this module students will be able
    to
  • Identify the principal regulations governing
    hazmat transportation.
  • Explain the general layout of the hazardous
    materials regulations and locate provisions that
    are applicable to specific shipping situations.
  • Describe the operational elements required for
    the safe and secure movement of hazmat within the
    applicable regulatory requirements.

4
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

5
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?sid69820f560
    14d9312d67ea8169b0e9e01cecfrtpl/ecfrbrowse/Tit
    le49/49tab_02.tpl
  • and the final rules published in the Federal
    Register.
  • https//www.federalregister.gov/

Source PHMSA, USDOT, July 2012.
6
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

7
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)

8
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

Source PHMSA, USDOT, July 2012.
9
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

10
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.
11
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.
12
Key U.S. Hazmat Legislation and Regulations
13
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

Source PHMSA, USDOT, July 2012.
14
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

Source PHMSA, USDOT, July 2012.
15
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

Source PHMSA, USDOT, July 2012.
16
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
  • Emergency response information
  • Security

Source PHMSA, USDOT, July 2012.
17
The Hazardous Materials Table (HMT)
Source PHMSA, USDOT, July 2012.
18
Whats in the HMT?
  • Contains more than 3,000 proper shipping names of
    commonly shipped hazmat.
  • Contains 14 columns organized into 10 major
    headings.

Source PHMSA, USDOT, July 2012.
19
Hazardous Materials Standards
  • The HMR set forth standards for
  • Classification
  • Packaging
  • Hazard communication
  • Hazmat transportation by various modes
  • Hazmat employee training
  • Incident reporting
  • Emergency response information
  • Security

Source PHMSA, USDOT, July 2012.
20
USDOT/PHMSA Hazmat Classification System
  • 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
  • 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
21
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.
22
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.
23
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.
24
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.
25
Class 5 Oxidizing Agents Organic Peroxides
  • 5.1 Oxidizers
  • (ammonium nitrate, calcium hypochlorite)
  • 5.2 Organic Peroxides
  • (dibenzoyl peroxide, peroxyacetic acid)

Source Defense Ammunition Center, April 2011.
NFPA 472, Jan 2013.
26
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.
27
Class 7 Radioactive Materials
Examples cobalt uranium hexafluoride yellow cake
Source Defense Ammunition Center, April 2011.
NFPA 472, Jan 2013.
28
Class 8 Corrosive Materials
  • Examples
  • Acids
  • (nitric acid, sulfuric acid, batteries)
  • Alkalis
  • (sodium hydroxide)

Source Defense Ammunition Center, April 2011.
NFPA 472, Jan 2013.
29
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 Hazardous Waste Marine Pollutant
Examples Lithium batteries Hot liquid
asphalt PCBs Molten sulfur
49 CFR  173.140
30
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.

Source PHMSA, USDOT, July 2012.
31
Hazardous Waste
  • Transportation of hazardous waste is regulated by
    DOT (49 CFR 171.3, 171.8) and EPA (40 CFR
    262-263).
  • 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.
32
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.

Source PHMSA, USDOT, July 2012.
33
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)

34
ORM-D Consumer Commodities
Classification used only in the United States
Source Defense Ammunition Center, April 2011.
35
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.

Source PHMSA, USDOT, July 2012.
36
Hazardous Materials Standards
  • The HMR set forth standards for
  • Classification
  • Packaging
  • Hazard communication
  • Hazmat transportation by various modes
  • Hazmat employee training
  • Incident reporting
  • Emergency response information
  • Security

Source PHMSA, USDOT, July 2012.
37
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

Source PHMSA, USDOT, July 2012.
38
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_packaging.htm
Source Transportation Safety Institute, USDOT,
Feb 2012.
39
HMT Column 5 Packing Group (PG)
  • Assigned according to the relative degree of
    danger posed by the hazmat during transport
  • PGI greatest
  • PGII medium
  • PGIII minor

Source PHMSA, USDOT, July 2012.
40
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.

Source PHMSA, USDOT, July 2012.
41
UN Standard Packaging Performance Tests
  • Drop test
  • Leakproofness
  • Hydrostatic pressure test
  • Stacking
  • Cooperage test
  • Packaging test US only
  • Vibration test

http//www.westpak.com/hazardous-materials/stack-t
esting.asp
Source Defense Ammunition Center, April 2011.
42
Package Marking Requirements
Source PHMSA, USDOT, July 2012.
43
Hazardous Materials Standards
  • 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 prime objective of all hazard communication
is to ensure that the hazmat information needed
by emergency responders is readily available in a
standard format.
Source PHMSA, USDOT, July 2012.
44
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

45
Shipping Papers
  • A properly prepared shipping paper must accompany
    any hazmat shipment.
  • May include
  • Shipping order
  • Bill of lading
  • Manifest
  • Other

Source PHMSA, USDOT, July 2012.
46
General Shipping Paper Requirements
  • Legibility
  • Codes and abbreviations
  • Additional information
  • Multiple-page shipping papers
  • Continuously monitored emergency response
    telephone number
  • Documents and forms

UN1263, Paint, 3, PGII
Source PHMSA, USDOT, July 2012.
47
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.

Source PHMSA, USDOT, July 2012.
48
Shipping Description of the Hazmat
  • 1-4 Basic description
  • 5 Total quantity
  • 6 Number and type of packages

UN1114, Benzene, 9, PGII
Source PHMSA, USDOT, July 2012.
49
Shipper Certifications
Domestic
International
Source PHMSA, USDOT, July 2012.
50
Marking, Labeling, and Placarding
  • Each hazmat package, freight container, and
    vehicle must communicate hazard information as
    prescribed in the HMR.

Source PHMSA, USDOT, July 2012.
51
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

Source PHMSA, USDOT, July 2012.
52
Marking Requirements for Non-Bulk 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.

Source PHMSA, USDOT, July 2012.
53
Marking Requirements for Bulk Packaging
  • Identification numbers
  • Size of markings
  • Empty packagings
  • Fumigant markings

Source PHMSA, USDOT, July 2012.
54
Source PHMSA, USDOT, Chart 14.
55
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
Source PHMSA, USDOT, July 2012.
56
Display of Hazard Class on Labels
Source PHMSA, USDOT, July 2012.
57
Labels for Mixed or Consolidated Packaging
Mixed
Consolidated
Source PHMSA, USDOT, July 2012.
58
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.

Source PHMSA, USDOT, July 2012.
59
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.

Source PHMSA, USDOT, July 2012.
60
Placarding Specifications
  • Strength and durability
  • Design
  • Form identification
  • Exceptions

172.519
Source PHMSA, USDOT, July 2012.
61
Placard Gallery
172.521-560
Source PHMSA, USDOT, July 2012.
62
Example Class 4 Placards
172.546-548
Source PHMSA, USDOT, July 2012.
63
Hazardous Materials Standards
  • The HMR set forth standards for
  • Classification
  • Packaging
  • Hazard communication
  • Hazmat transportation by various modes
  • Hazmat employee training
  • Incident reporting
  • Emergency response information
  • Security

Source PHMSA, USDOT, July 2012.
64
Carrier/Shipper Functions
  • If a carrier repackages hazardous material, the
    carrier is functioning as a shipper and MUST
    comply with HMR shipper regulations.

Source PHMSA, USDOT, July 2012.
65
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
  • FMCSR
  • 49 CFR 390-397
  • and other sections

Source PHMSA, USDOT, July 2012.
66
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.
67
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

Source PHMSA, USDOT, July 2012.
68
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

Source PHMSA, USDOT, July 2012.
69
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

Source PHMSA, USDOT, July 2012.
70
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.
71
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.
72
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

Source PHMSA, USDOT, July 2012.
73
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

Source PHMSA, USDOT, July 2012.
74
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.

Source PHMSA, USDOT, July 2012.
75
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

Source PHMSA, USDOT, July 2012.
76
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 171-180.

Source PHMSA, USDOT, July 2012.
77
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

Source PHMSA, USDOT, July 2012.
78
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

Source PHMSA, USDOT, July 2012.
79
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.

Source PHMSA, USDOT, July 2012.
80
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.

Source PHMSA, USDOT, July 2012.
81
Hazardous Materials Standards
  • The HMR set forth standards for
  • Classification
  • Packaging
  • Hazard communication
  • Hazmat transportation by various modes
  • Hazmat employee training
  • Incident reporting
  • Emergency response information
  • Security

Source PHMSA, USDOT, July 2012.
82
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.
  • FAA requires air carrier employee training
    every 2 years.

Source PHMSA, USDOT, July 2012.
83
Hazardous Materials Standards
  • The HMR set forth standards for
  • Classification
  • Packaging
  • Hazard communication
  • Hazmat transportation by various modes
  • Hazmat employee training
  • Incident reporting
  • Emergency response information
  • Security

Source PHMSA, USDOT, July 2012.
84
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)

Source PHMSA, USDOT, July 2012.
85
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.

Source PHMSA, USDOT, July 2012.
86
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

Source PHMSA, USDOT, July 2012.
87
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.

Source PHMSA, USDOT, July 2012.
88
HM Inspections, Violations, and Penalties
Source US DOT Pipeline and Hazardous Materials
Safety Administration, Transportation of
Hazardous Materials, 2009-2010, October 2011, p.
21.
89
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.

Source PHMSA, USDOT, July 2012.
90
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

91
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.

Source PHMSA, USDOT, July 2012.
92
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.

Source PHMSA, USDOT, July 2012.
93
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
94
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?

95
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/publicati
    ons.
  • PHMSA, Technical Reports, U.S. Department of
    Transportation, Washington, DC,
    http//phmsa.dot.gov/hazmat/library/reports/techni
    cal.
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