The Hazardous Material Regulation

1
The Hazardous Material Regulation

• Regulation by both EPA and DOT as directed by
  Congress. RCRA 3003(b) directs any Hazmat
  transportation regulation be consistent with the
  Hazmat Transportation Act and the Hazmat
  Transportation Uniform Safety Act

2
The Hazardous Material Regulation

• The HMTA is promulgated in 49CFR171-177, and
  address
• emergency regulations
• notification, incident reports
• shipping papers, placarding
• labeling, training, etc.

3
The Hazardous Material Regulation

• 171-General Information, Definitions,
  Applicability
• 172-Hazardous Material Table, HazComm, Emergency
  Response
• 173-Shippers General Requirements for shipments
  and packaging.

4
The Hazardous Material Regulation

• 174 - Carriage by rail
• 175 - Carriage by aircraft
• 176 - Carriage by vessel
• 177 - Carriage by public highway
• 178 - Specifications for packaging
• 179 - Specifications for tank cars
• 180 - Continuing Quals/Maint

5
The Hazardous Material Regulation

• Other related Agencies or Laws
• EPA
• RCRA, CERCLA, TSCA,
• OSHA
• HAZWOPER, HAZCOM,

6
The Hazardous Material Regulation

• The last major update to the HMR occurred this
  year with HM215b
• This law made over 200 changes to the existing
  standard.
• Most were minor changes
• A major revision in 1990 brought the US in line
  with the UN

7
The HMRGeneral Requirements

• No person may offer, accept for transportation,
  or transport a material unless it is properly
  classed, packaged, marked, etc
• No transport unless material is properly handled
  or exempted (49CFR107)

8
The HMRGeneral Requirements

• No person may represent packaging as meeting the
  HMR if it has not been tested, even if the
  package is not to be used for HM
• Persons functioning in parts 178, 179, or 180
  must be approved in accordance with that part of
  HMR

9
The HMRGeneral Requirements

• No person shall mark any vehicle or container as
  containing HM unless it is actually present.
• No person shall unlawfully alter, remove, deface
  labels, placards, documents required the HMR

10
The HMRHazardous Waste (171.3)

• No person may accept for transportation,
  transport, or deliver HW unless
• the motor vehicle has been marked as such
  (390.21) even if placards are not required.
• HW is manifested per 172.205
• the quanitity is delivered properly.

11
The HMRHazardous Waste (171.3)

• Federal law specifies penalties up to 25,000 fine
  and five years in prison for the willful
  discharge of hazardous waste at other than
  designated facilities
• Be aware that both the EPA and DOT have armed US
  Marshalls.

12
The HMRMarine Pollutants (171.4)

• Materials known to be toxic to aquatic organisms.
• Special Provisions resulting from 1973
  International Convention for Preventing Pollution
  from Ships
• Non-bulk packages are exempted on highways, rail,
  or aircraft.

13
The HMRNotice of Incident (171.15)

• Required when
• a person is killed or hospitalized
• public evacuation, 50,000 damage
• trans. artery or facility closed
• routine flight pattern altered
• radioactive or infectious
• other

14
The HMRNotice of Incident (171.15)

• Reported to
• DOT
• CHEMTREC
• CDC (if infectious)
• EPA (if RQ regardless of above conditions)

15
The HMRNotice of Incident (171.15)

• Required Information
• name of person making report
• name and address of carrier
• phone number of person reporting
• date, time, location of incident
• extent of any injuries
• class, name, and quantity of HM

16
The HMRNotice of Incident (171.15)

• Carriers and Shippers are required to support
  investigations and special studies. All records
  and info must be made available.
• In response to a DOT inquiry, full, true and
  correct answers must be provided with 30 days.

17
The HMRTraining

• All Hazmat employees must receive training
• Training may be provided by the employer or
  private sources
• Employers shall ensure each Hazmat employee is
  tested to certify their knowledge on HMR

18
The HMRTraining Must Include

• General Awareness Training
• Function Specific Training
• Safety Training
• Driver Training (if applicable)
• Mode of Transport Training

19
HMR General Awareness Training

• Familiarity with the General Provisions of the
  HMR
• Ability to Recognize and identify HM that are
  marked labeled or otherwise packaged.

20
HMR Function Specific Training

• Provides the employee with the knowledge skills
  and abilities to perform the their specific job
  under the HMR
• Training required under OSHa or EPA may meet
  these requirements

21
HMR Safety Training

• Emergency Response
• Employee Protection (OSHA) PPE
• Specific measures implemented by the employer to
  prevent worker exposure
• Methods and procedures to avoid accidents

22
HMR Driver Training

• Covered in the Carriage by Public Highway section
  of the standard
• Addresses vehicle operation
• References driver quals (CDL)
• Must include knowledge of Hazmat handled and
  response

23
HMR Mode Specific Training

• Carriage by aircraft/rail
• Carriers/connecting carriers must provide
  training to HM employees
• Carriage by vessel
• Carriers/connecting carriers must provide
  training to HM employees
• Documentation must kept on board

24
HMR TrainingPeriodicity/Records

• Training must be within 90 days of employment or
  assignment
• Refresher training every 2 years
• Training from previous employers acceptable if
  documented.
• Documentation name, date, description,
  instructor, grade

25
HMR IntroductionDiscussion

• What Title of the CFR covers transportation of
  HazMats?
• What part of the standard addresses carriage by
  aircraft?
• What part of the standard addresses carriage by
  vessel?
• What incidents are reportable?

26
HMR IntroductionDiscussion

• Who are Hazmat transportation incidents reported
  to?
• What information must be in these reports?
• What are the max penalties associated with the HMR

27
HMR IntroductionDiscussion

• When can Hazmat be transported without
  papers/placards?
• Do all hazardous waste vehicles have to be
  placarded?
• Can I sell my drums marked as DOT spec for solid
  wastes if they fail DOT testing.

28
HMR IntroductionDiscussion

• Can I change the color of my DOT package labels
  to contrast with my packaging.
• What standard addresses the classification and
  manifesting of hazardous wastes?