Transcript The Hazardous Material Regulation

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
The Hazardous
Material Regulation
The HMTA is promulgated in
49CFR171-177, and address:
emergency regulations
notification, incident reports
shipping papers, placarding
labeling, training, etc.
The Hazardous
Material Regulation
171-General Information,
Definitions, Applicability
172-Hazardous Material Table,
HazComm, Emergency Response
173-Shippers General
Requirements for shipments and
packaging.
The Hazardous
Material Regulation
174
175
176
177
178
179
180
-
Carriage by rail
Carriage by aircraft
Carriage by vessel
Carriage by public highway
Specifications for packaging
Specifications for tank cars
Continuing Quals/Maint
The Hazardous
Material Regulation
Other related Agencies or Laws:
EPA
RCRA, CERCLA, TSCA,
OSHA:
HazWoper, HazComm,
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
The HMR
General 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)
The HMR
General 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
The HMR
General 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
The HMR
Hazardous 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.
The HMR
Hazardous 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.
The HMR
Marine 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.
The HMR
Notice 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
The HMR
Notice of Incident (171.15)
Reported to:
DOT
CHEMTREC
CDC (if infectious)
EPA (if RQ regardless of above
conditions)
The HMR
Notice 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
The HMR
Notice 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.
The HMR
Training
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
The HMR
Training Must Include
General Awareness Training
Function Specific Training
Safety Training
Driver Training (if applicable)
Mode of Transport Training
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.
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
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
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
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
HMR Training
Periodicity/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
HMR Introduction
Discussion
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?
HMR Introduction
Discussion
Who are HazMat transportation
incidents reported to?
What information must be in
these reports?
What are the max penalties
associated with the HMR
HMR Introduction
Discussion
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.
HMR Introduction
Discussion
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?