TOOLKIT FOR HAZARDOUS MATERIALS TRANSPORTATION EDUCATION 1

TOOLKIT FOR HAZARDOUS MATERIALS TRANSPORTATION EDUCATION 1

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. 3

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 4

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/textidx? sid=69820 f 56014 d 9312 d 67 ea 8169 b 0 e 9 e 01&c=ecfr&tpl=/ecfrbrowse/Title 49/ 49 tab_02. tpl and the final rules published in the Federal Register. https: //www. federalregister. gov/ Source: PHMSA, USDOT, July 2012. 5

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 Source: PHMSA, USDOT, July 2012. 8

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 9

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

The Hazardous Materials Table (HMT) Source: PHMSA, USDOT, July 2012. 17

What’s 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. 18

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. 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 60 o. C (140 o. F) (acetone, gasoline) Combustible – Flashpoint above 60 o. C (140 o. F) 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) Source: Defense Ammunition Center, April 2011. ; NFPA 472, Jan 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” Source: Defense Ammunition Center, April 2011. ; NFPA 472, Jan 2013. 27

Class 8 – Corrosive Materials Examples Acids (nitric acid, sulfuric acid, batteries) Alkalis (sodium hydroxide) Source: Defense Ammunition Center, April 2011. ; NFPA 472, Jan 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 Hazardous Waste Marine Pollutant Examples Lithium batteries Hot liquid 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. Source: PHMSA, USDOT, July 2012. 30

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. 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. Source: PHMSA, USDOT, July 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 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. Source: PHMSA, USDOT, July 2012. 35

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. 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 Source: PHMSA, USDOT, July 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_packaging. 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: – PGIII greatest medium minor Source: PHMSA, USDOT, July 2012. 39

HMT Column 8 – Packaging References • Columns 8 A, 8 B, and 8 C 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. 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/stack-testing. asp – Vibration test Source: Defense Ammunition Center, April 2011. 41

Package Marking Requirements Source: PHMSA, USDOT, July 2012. 42

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. 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 hazmat shipment. • May include: – – Shipping order Bill of lading Manifest Other Source: PHMSA, USDOT, July 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 • • UN 1263, Paint, 3, PGII Source: PHMSA, USDOT, July 2012. 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. Source: PHMSA, USDOT, July 2012. 47

Shipping Description of the Hazmat • 1 -4 Basic description • 5 Total quantity • 6 Number and type of packages UN 1114, Benzene, 9, PGII Source: PHMSA, USDOT, July 2012. 48

Shipper Certifications Domestic International Source: PHMSA, USDOT, July 2012. 49

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. 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 Source: PHMSA, USDOT, July 2012. 51

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

Marking Requirements for Bulk Packaging • • Identification numbers Size of markings Empty packagings Fumigant markings Source: PHMSA, USDOT, July 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 Source: PHMSA, USDOT, July 2012. 55

Display of Hazard Class on Labels Source: PHMSA, USDOT, July 2012. 56

Labels for Mixed or Consolidated Packaging Mixed Consolidated Source: PHMSA, USDOT, July 2012. 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. Source: PHMSA, USDOT, July 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. Source: PHMSA, USDOT, July 2012. 59

Placarding Specifications • • Strength and durability Design Form identification Exceptions § 172. 519 Source: PHMSA, USDOT, July 2012. 60

Placard Gallery § 172. 521 -560 Source: PHMSA, USDOT, July 2012. 61

Example: Class 4 Placards § 172. 546 -548 Source: PHMSA, USDOT, July 2012. 62

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. 63

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. 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 FMCSR 49 CFR § 390 -397 and other sections Source: PHMSA, USDOT, July 2012. 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 Source: PHMSA, USDOT, July 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 Source: PHMSA, USDOT, July 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 Source: PHMSA, USDOT, July 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 Source: PHMSA, USDOT, July 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 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. 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. Source: PHMSA, USDOT, July 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 Source: PHMSA, USDOT, July 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 § 171 -180. Source: PHMSA, USDOT, July 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 Source: PHMSA, USDOT, July 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 Source: PHMSA, USDOT, July 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. Source: PHMSA, USDOT, July 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. Source: PHMSA, USDOT, July 2012. 80

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

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. 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) Source: PHMSA, USDOT, July 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. Source: PHMSA, USDOT, July 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 Source: PHMSA, USDOT, July 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. Source: PHMSA, USDOT, July 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. Source: PHMSA, USDOT, July 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. Source: PHMSA, USDOT, July 2012. 91

Federal Waiver of Preemption • Notwithstanding the preemption of a State or local requirement, 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. 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