SW935
GUIDANCE MANUAL
U.S. DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS REGULATIONS
AS THEY APPLY TO THE
U.S. ENVIRONMENTAL PROTECTION AGENCY'S HAZARDOUS WASTE REGULATIONS
This guidance manual (SW-935) was prepared by
Elaine V. Schosman and Donna M. Inraan for
the Office of Solid Waste
U.S. ENVIRONMENTAL PROTECTION AGENCY
1981
6 OCT
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I. Introduction
The Resource Conservation and Recovery Act of 1976, directs
the Administrator of the Environmental Protection Agency, under
Subtitle C of the Act, to promulgate regulations ensuring the
proper transportation, treatment, storage and/or disposal of all
wastes defined as hazardous. Section 3003 of the Act (RCRA)
requires EPA to develop standards applicable to transporters of
hazardous wastes as may be necessary to protect both human health
and the environment. Further, this section of the Act (RCRA)
states under paragraph (b) that "in case of hazardous wastes
identified or listed under this subtitle which are subject to the
Hazardous Materials Transportation Act (88 Stat. 2156, 49 USC
1801 and following), the regulations promulgated by the Administrator
under this section must be consistent with the requirements of
the Hazardous Materials Transportation Regulations."
In order to best achieve consistency between the EPA and
Department of Transportation regulations, a substantial portion
of the Hazardous Waste Regulations regarding the standards
applicable to transporters corresponds with the Hazardous Materials
Transportation Regulations (HMTR) already promulgated by the DOT.
Moreover, the DOT has amended the HMTR to incorporate most of the
regulatory requirements set forth by RCRA. Thus, since both EPA
and DOT regulate in-transit management of hazardous waste, it was
-necessary that the corresponding enforcement responsibilities
of each Agency be defined. To fulfill this need, EPA and DOT
jointly adpoted a Memorandum of Understanding (MOU) defining
to what extent each Agency is responsible for enfrocement of
these regulations (see Appendix V).
This Guidance Manual has been developed to explain the
interface which occurs between the DOT and EPA regulations when
hazardous wastes are transported. The Manual will not address
those sections of the HMTR dealing with transportation by
pipeline (Part 195 of HMTR) primarily because the EPA regula-
tions under sections 265.1 and 260.10 of the Hazardous Waste
Regulations do not apply to pipeline transportation; and thus,
no interface occurs in this particular area. However, this
manual wil address the types of practical questions that
continue to arise regarding the EPA and DOT requirements for
hazardous wastes transportation. For instance:
Q: What kinds of containers may be used for transporting
hazardous wastes?
Q: Will trucks hauling hazardous wastes have to be placarded
on the outside to declare their wastes?
Q: How can a DOT proper shipping name be developed for
a mixture of hazardous waste?
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Q: As a small quantity generator excluded under section
261.5/ do wastes have to be placarded?
Q: Are hazardous waste shipments restricted from certain
modes of transportation?
Q: Can all hazardous wastes be classified according to
the DOT hazard class systemz?
In response to these and other questions, the following
manual will provide the practical guidance nedded for interpreting
the HMTR. The manual will discuss each of the major sections of
the HMTR and explain how the Hazardous Waste Regulations apply to
or add to the HMTR for the transportation of hazardous waste.
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II. The Hazardous Materials Transportation Regulations,
Title 49
A. General Scope and Description of the HMTR
Effective implementation of the Hazardous Waste Regulations
hinges on a clear understanding of the HMTR found in Title'49.
Moreover, it is essential for all persons involved with the
transportation of hazardous wastes to become familiar with each
Agency's role in this expansive field.
The Department of Transportation has the authority to
regulate the interstate and intrastate transportation of hazardous
materials under the Hazardous Materials Transportation Regulations
(49 CFR 100 - 199). The regulations address all modes of transpor-
tation (air, rail, highway, waterway and pipeline). DOT has
established requirements for shipping papers, proper containers,
marking and labeling of containers, placarding of vehicles, and
incident reporting."-
According to a past interpretation by the Office of Haz-
ardous Materials Operations, any material, including waste,
which meets the DOT criteria of a hazardous material must be
handled according to the. appropriate requirements of the HMTR.
The Office of Hazardous Materials newsletter of April/May 1977
stated,"There have been numerous inquiries to the Office of
Hazardous Materials Operations regarding the applicability
of the Department's_ Hazardous Materials Regulations to the
transportation of waste materials. These regulations are
structured to apply to any material that may pose undue
hazard in transportation and, as such, do not differentiate
between waste and other than waste materials. If, after pro-
cessing, a material meets the definition of a hazardous material,
then that material must be classed and shipped in accordance
with the requirements prescribed for the hazard associated with
the material.
The Department's Hazardous Materials Regulations apply to
any material regardless of its end use and the fact that a
material is considered a waste material does not relieve appli-
cation of these regulations."
The DOT reconfirmed this 1977 interpretation of hazardous
wastes on May 22, 1980, when it specifically included the trans-
portation of hazardous wastes in the HMTR. In section 171.3 of
theMay 22 amendments, the DOT states, "No person may offer for
transportation or transport a hazardous waste ( as defined in
section 171.8 of this subchapter) in interstate or intrastate
commerce except in accordance with the requirements of the HMTR."
Section 171.8'defines hazardous wastes as "any material that is '
subject to the hazardous waste manifest requirements of the EPA
specified in 40 CFR 262 ..." In addition, DOT has created a
new ORM-E hazard class to accomodate those hazardous wastes which
are regulated by EPA, but would not otherwise fall into one of
the hazard classes previously developed by DOT.
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In light of these new DOT amendments, and the specific
requirements set forth by EPA for hazardous waste transportation,
all shippers and carriers according to the DOT terminology, and
generators and transporters according to the EPA terminology,
are required to comply with the DOT marking, labeling, placarding,
packaging and other shipping requirements when offering hazardous
wastes for intrastate, interstate, and international transportation.
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B. Hazardous Materials Table
Introduction
The Hazardous Materials Table (Table) found in section 172.101
of the HMTR provides the basis for understanding the Hazardous Material
Transportation Regulations. The Table lists those materials and
wastes designated by the DOT as hazardous for the purposes of
transportation.lt also identifies the proper shipping names, hazard
classifications, United Nations/North American identification numbers
and references the requirements for labeling, packaging and shipping
procedures for the designated hazardous materials or hazardous wastes.
The key feature to the Table is that it compiles the regulations into
an index which shippers (generators) and carriers (transporters) can
use to readily ascertain whether a specific material or waste they
wish to offer or transport is hazardous, and if it is, what procedures
they must follow to transport it.
The following section of this Manual will explain how the
Hazardous Materials Table is used for the transportation of hazardous
wastes. Although the Table principally addresses hazardous materials,
it also incorporates all the wastes regulated by EPA. To use the
Table specifically for hazardous wastes, it must first be remembered
that DOT views hazardous-wastes as a subset of hazardous materials.
Thus, a hazardous waste will always be regarded by DOT as a hazardous
material subject to certain additional requirements set forth by both
DOT and EPA. One such requirement, for example, is the inclusion of
the word "Waste" as—the-first word of the DOT proper shipping name, of
a listed hazardous material when the material is- shipped as a waste."
Another example includes the use of a manifest in addition to a
DOT shipping paper, for the transportation of a hazardous waste.
If a manifest also meets all the DOT shipping paper requirements,
it may be used as a shipping paper. In considering the following
discussion of the Hazardous Materials Table, remember that all of
the general rules, as well as the specific requirements for shipping
a hazardous material also apply to shipments of hazardous wastes.
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2. How To Use The Hazardous Materials Table
The Hazardous Materials Table (HMT) found in section
172.101 of the HMTR is divided into seven (7) major columns.
The columns reference certain sections of the Hazardous
Materials Transportation Regulations (HMTR), as well as
outline specific requirements to be followed by shippers and
carriers of DOT listed hazardous materials or hazard classes.
Figure I - Representative section from The Hazardous Material Table
§172J01 Hazardous Materials Table (cont'd)
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COLUMN (1): +/E/A/W
This column contains four (4) symbols, "+", "E", "A",
"W", which correspond to the listed hazardous materials/wastes
and hazard classes as appropriate. When any one of the
symbols or combinations of symbols are used in this column,
they should be interpreted as follows:
" + " The use of a plus ( + ) before any material indicates that
both the listed proper shipping name and hazard class of the
material cannot be changed regardless of whether the material
actually meets the definition of the specified hazard class.
(See Appendix II for a list of definitions of hazard classes).
Any changes, including the use of an alternate shipping name or
hazard class, must be authorized by the Associate Director for
the Office of Hazardous Materials Regulation, Materials
Transportation Bureau, Department of Transportation. (49 CFR
172.101(b))
"E" The letter E before a material identifies it as
a hazardous substance. These substances are subject to the HMTR
irrespective of the mode of transportation used or the hazard
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class represented. When either of these two DOT proper shipping
names are used - the technical., generic or chemical names of the
hazardous substance must be included in the basic description on
the shipping paper or manifest. In the event that a hazardous
substance fails to exhibit any of the characteristics of the 15
DOT hazard classes, the substance must then be assigned the ORM-
E hazard class. (49 CFR 172.101(b)) Example - Hazardous Substance,
liquid or solid, n.o.s. - or Hazardous Waste, liquid or solid,
n.o.s.
"A" The letter A before a material confines the HMTR to
transportation solely by aircraft. In other words, the same
material shipped by any other mode of transportation would not
be subject to the requirements of the HMTR. However, an "A"
before any material which is shipped as a hazardous waste does
not exclude that material/waste from the manifesting and shipping
requirements under RCRA, regardless of the mode of transportation
used. (49 CFR 172.101(b)).
"W" The letter W before a material limits the HMTR to transpor-
tation solely by vessel. Once again, a "W" before any material
which is shipped as a hazardous waste does not exclude the
material/waste from the manifesting and shipping requirements
under RCRA, regardless of the mode of transportation used. (49
CFR 172.101(b)) " '
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COLUMN (2): Hazardous Materials Descriptions and Proper
Shipping Names
This column lists the proper shipping names of materials
designated by DOT as hazardous. Proper shipping names are
limited to those shown in Roman type (not italics). However,
italicized words may be used in addition to a proper shipping name.
When selecting a proper shipping name to describe a particular
material, the name on the Table which most accurately identifies the
material must be used. In the event that the correct tech-
nical name of a material is neither listed nor entirely
accurate, selection must then be made from the general
descriptions or n.o.s. (Not Otherwise Specified) entries
corresponding to the specific hazard class of the material being
shipped. These descriptions or n.o.s. entries are listed in
alphabetical order throughout the Table. For example, an
alcohol must be shipped as an "Alcohol n.o.s." rather than a
"Flammable liquid n.o.s." unless the technical name of that
particular alcohol compound is listed (methyl alcohol).
Also, some mixtures may be more aptly described by their
applied uses, such as "Compound, cleaning liquid" or "Compound,
rust removing," rather than "Corrosive liquid n.o.s." Section
172.101 (1 - 13) lists certain other modifications
to the DOT proper shipping name that can be made as well.
These modifications include:
(1) If the technical name of a hazardous material
which is shipped as a hazardous waste is
listed in this column, the proper shipping description
must then include the word "Waste" before the
name of the material, i.e., "Waste acetone" (49 CFR 172.101(c))
(2) A mixture or solution of a listed hazardous material
and nonhazardous material may be described using the
proper shipping name of the listed hazardous material,
if (1) the mixture or solution is not specifically
listed elsewhere in the Table; (2) the hazard class
of the mixture or solution is the same as that of
the hazardous material; and (3) the qualifying word
"mixture" or "solution", as appropriate, is added
as part of the proper shipping name. For instance,
a solution of acetone, mineral oil and water, meeting
the definition of a flammable liquid, may be described
as "Acetone solution" (49 CFR 172.101(c)).
(3) If the proper shipping name for a mixture or solution
that is a hazardous substance does not include the
name of the hazardous substance or substances, each
hazardous substance found in the mixture or solution
must be identified in association with the basic des-
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cription.. For example, the listed solution
acid solution" containing the hazardous substance
arsenic chloride liquid must be described as "Arsenic
acid solution (arsenic chloride liquid)". This
modification is particularly important to remember
when shipping hazardous substances which also qualify as
hazardous wastes. (49 CFR 172.101(c))
(4) Except for those proper shipping names preceded by a
column 1, any material which meets the definition of a hazard
class other than the one specified with its proper shipping
name must be described by the shipping name that appropriately
corresponds with its actual hazard class. For example, if
a compound is listed and identified as "Beryllium compound
n.o.s., Poison B," but actually displays the characteristics
of an oxidizer, it must be described as "Oxidizer, n.o.s." or
"Oxidizing material, n.o.s." (49 CFR 172.101(c)).
(5) If a hazardous material or waste will be classed under an
n.o.s. name because it is a mixture or solution of one or
more hazard classes, (i.e. Flammable Liquid, Poison B, n.o.s.)
and one of the classes meets the criteria of a Poison B -
then the generic or technical name of the Poison B must be
included in the basic description on shipping papers or
hazardous waste manifests [ie - Waste Flammable Liquid, Poison
B (or Poisonous) n.o.s. (Copper Cyanide)].
(6) If it is specifically determined that a material/waste is not
listed as a "Forbidden" material in column (3) of the Table,
it does not meet the definition of any of the DOT hazard
classes, is not a hazardous waste or a hazardous substance,
it is not considered a hazardous material and is not subject
subject to the requirements of the HMTR (49 CFR 172.101(c)).
If however, the material/waste meets the definition of a
hazardous substance(s) see the shipping name modification
provisions on page II(B)-7- (entry 3) of this document.
There are certain other final clarifications regarding the use
of proper shipping names included within section 172.101 which need
to be pointed out. These include :
(1) Shipping names may be used in the singular or plural and in
either capital or lower case letters.
(2) The abbreviation "n.o.i." which means "not otherwise indexed"
or "n.o.i.b.n." which means "not otherwise indexed by name"
may be used interchangeably with "n.o.s.".
(3) When qualifying words such as material/ pure, staining,
odiferous, etc., are used as part of the proper shipping
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name, their sequence on the package markings and shipping
paper descriptions is optional. These qualifying words may
appear between the DOT name and hazard class or after the
hazard class. However, the entry in the Table reflects the
preferred sequence. This modification does not apply to
hazardous materials shipped as wastes. These must always be
prefaced by the qualifying word "Waste" unless the word
"Waste" is already included in the shipping description.
(4) When one entry references another entry by use of the word
"see," if both names are in Roman type, either name may be
used as the proper shipping name (e.g. for Carbolic acid see
Phenol, either may be used). However, for an organic
peroxide, the technical name must be used as the proper
shipping name (e.g. Benzoyl Peroxide).
(5) When a shipping name includes a concentration range as part
of the shipping description, the actual concentration may be
used in place of the concentration range.
(6) The use of the prefix "mono" is optional in any shipping name
when appropriate.
(7) The "RQ" and numbers in italics following a proper shipping
name of a material identified by the letter "E" in column (1)
specify, "Reportable Quantities" in pounds and kilograms; the
minimum quantity~of the material that constitutes an amount-
which must be reported, except "Hazardous Substance, liquid
or solid, n.o.s." or "Hazardous Waste, liquid or solid,
n.o.s.". If the hazardous constituents in the substance or
waste exceed the "Reportable Quantity" limit established for
those constituents, then any quantity of the hazardous
substance or waste constitutes a "Reportable Quantity".
COLUMN (3): Hazard Class and UN/NA Identification Number
This column is divided into two parts headed 3 and
3(A). Column 3 identifies the hazard classes which correspond to
each of the hazardous materials/wastes listed in column 2, and column
3(A) assigns a UN/NA identification number to each of the listed
materials/wastes and hazard classes.
Under column 3 it is important to remember that the word
"Forbidden" entirely prohibits certain materials from being offered
or accepted for transportation.(49 CFR 172.101(d)). If a material
meets the definition of more than one hazard class and a multiple
hazard class n.o.s. description is not listed in Column 2, the correct
n.o.s. shipping description must be selected by determining the
hazard class given the highest priority according to the listing
provided in section 173.2 (see page 43 for the Hazard Class listing).
For example, a material that is both a flammable liquid and an
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irritating material is not specifically identified among the multiple
hazard class listings found throughout this column. The shipping
description for such a material would be "Flammable liquid n.o.s., UN
1993" because a flammable liquid appears fifth on the listing in
section 173.2, while an irritating material appears eleventh. (See
Manifest Guidance Document for a more detailed explanation of this
modification) (49 CFR 101(c)). Modifications of this particular
classification or any of the other hazard classes specified in this
column can be initiated by any interested persons through the submittal
of new or reevaluated test data to the Office of Hazardous Materials
Regulation at DOT.
As previously stated, column 3 (A).assigns each hazardous
material/waste a UN/NA identification number. Use of the UN/NA
identification number is a new requirement included by DOT in its May
22, 1980 amendments. The numbers found in this column must be
displayed by July 1,1981 on shipping papers, manifests [§172.200
(c)]; by July 1,1983.on packages after the proper shipping name
[§172.300(c)(3)] and on orange panels or placards affixed to portable
tanks, cargo tanks and tank cars by November 1,1981 [§172.336(c)(7)].
The display of UN/NA identification numbers on multi-unit tank car
tanks is not required prior to July 1,1983 [§172.330(h)]. The purpose
behind the numbering system is to improve the capability of material/
waste and ensure that accurate information is transmitted directly
with hazardous materials/ wastes in the event of an emergency. The
UN/NA identification numbers are referenced in a guidebook published
by DOT, the Emergency -Response Guidebook, and correspond to sections
of the guidebook that inform~~imergency response personnel as to the
appropriate actions which must be taken when different types of
chemicals are spilled. The numbers are based on an international
system designed by the United Nations Committee of Experts on
Transportation of Dangerous Goods. They include the prefix UN and
are followed by a four (4) digit number. For those materials not
covered under the UN system, the DOT has also adopted the North
American (NA) materials identification system. The NA numbers
identify materials/wastes names not recognized for international
shipment by the UN Committee, except for movements to and from Canada.
The NA numbers include the prefix NA and are also followed by a four
(4) digit number.
Finally, two important points should be kept in mind regarding
columns 3 and 3(A). First, the hazard classes identified in column 3
should be used with Tables 1 and 2 in Section 172.504 of the HMTR for
placarding purposes. They are part of a material's proper shipping
description and only appear when this description is required as on
shipping papers and incident reports. For example, a Class C explosive
would be placarded with a Flammable placard (see Table). Tables 1
and 2 in section 172.504 of the HMTR identify the specific placards
which must be affixed to vehicles shipping hazardous materials (Note:
Placard requirements are addressed in II.(C)(3) of this manual).
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Second, the emergency response identification numbers assigned
by DOT in column 3A should not be confused with the hazardous waste
identification numbers assigned by EPA. The two systems are unrelated.
The DOT numbers are the numbers to be used on the manifest and for
other shipping purposes, while the EPA numbers are required to be
used on notification and annual report forms and for other record-
keeping and reporting purposes. They may be entered on manifests/
shipping papers following the basic description (49 CFR 172.201(a)(4)).
COLUMN (4): Label(s) Required
This column specifies the labels which must be applied to the
outside of all packages containing hazardous materials. Although
the labels specified in this column generally satisfy all of the DOT
labeling requirements, section 172.402 of HMTR points out some addi-
tional labeling requirements for materials/wastes that meet the
definition of more than one hazard class.(See section II C.2 of this
Manual on Labeling Requirements). Thus, special care should be
taken to assure that all of the DOT labeling requirements in column 4
and the multiple labeling requirements in section 172.402 are satisfied,
In addition, whenever the word "NONE" appears in this column, no
labels are required for the transportation of that particular
material/waste. (49 CFR 172.101(f))
COLUMN (5): Packaging
This•two-part column references the HMTR sections that apply to
packagings. - Column 5(a) highlights exceptions from the general
packaging requirements outlined in column 5(b). (49 CFR 172.101(g))
The exceptions provided in 5(a) are based on limited quantity and/or
small volume shipments of certain hazardous materials/wastes. The
column refers to the appropriate HMTR sections which explain whether
an exception for a particular material can be taken and which weight
or quantity limitations exist for excepted shipments of the material.
When an exception is permitted, the material/waste is usually excluded
from the labels and packagings generally required in columns 4 and
5(b).
If an exception cannot be taken because the commodity to be
shipped does not meet the qualifications set forth in 5(a), the
packagings prescribed in 5(b) must.be used to transport the material.
Whenever the word "None" appears in column 5(a), no exceptions are
permitted for the material and packagings listed in 5(b) must be
used for any quantities shipped. (See page II E-2- for an example
on how to determine proper packaging.)
COLUMN (6): Maximum Quantity in One Package
Column 6(a) specifies the quantities permitted
in one package for either passenger aircrafts or passenger
railcars. Column 6(b) lists the maximum quantities of one
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outside package permitted on cargo aircraft. Packages
for air cargo must bear the CARGO AIRCRAFT ONLY label
described in section 172.448 of the HMTR.
With specific regard to air transportation, any material
that is "Forbidden" in 6(a) to travel on passenger-carrying
aircrafts but permitted to travel on cargo aircraft must be
shipped by cargo aircraft and also bear the CARGO AIRCRAFT
ONLY label. This labeling requirement also applies to shipments
which exceed the maximum quantity authorized for passenger
aircrafts but meet the cargo aircraft limits. (49 CFR 172.101(h))
COLUMN (7): Water Shipments
This column refers to the loading and stowing requirements
for hazardous materials transported by water in cargo or
passenger vessels. The numbers and additional information
that appear in these columns (7a, 7b, and 7c) refer to the
specific locations authorized and special requirements set
forth in section 173.63 of the HMTR. The numbers in 7(a)
and 7(b) should be interpreted as follows (49 CFR 172.101(1)):
"1" means the material/waste may be stowed "on deck"
subject to the requirements of §176.63(b). When
both "on deck" and "under deck" are authorized,
"under deck" should be used, if available.
"2" means the material/waste may be stowed "under deck" in
a compartment or hold subject to the requirements
of §176.63(c).
"3" means the material/waste may be stowed "under deck away
from heat" in a ventilated compartment or hold
subject to the requirements of §176.63(d).
"4" means the material/waste is authorized to be trans-
ported in only the limited quantities specified
in column 5(a) of the HMT and is subject to the
stowage requirements specified for a cargo vessel
for the same material/waste.
"5" means the material/waste is forbidden and may not
be offered or accepted for transportation.
"6" means the material/waste is authorized to be trans-
ported in a magazine subject to the requirements
of §176.135 throu-gh §176.144.
The "other requirements" listed in column 7(c) provide further
specific instruction, when applicable, for loading and stowing
hazardous materials aboard cargo or passenger vessels.
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In summary/ Section 172.101 - the HMT and modifications -
should be consulted when a hazardous material is offered for
transportation by any mode. The Table offers the DOT proper
shipping descriptions that should be used on shipping papers/
manifests and for marking and labeling purposes. These DOT
shipping descriptions should also be used for hazardous wastes,
since the EPA references Section 172.101 of the HMTR as their
requirements as well. In addition/ although a specific material/waste
may not be listed in the Table, the modification section
lists the procedures for properly describing that material/waste.
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C. Pretransportation Requirements (Parts 172 & 173)
1. Marking (Subpart D of HMTR)
Markings under Subpart D are the application of the
descriptive name, consignee or consignor name and address,
UN/NA identification number and Other Regulated Material
(ORM) designation. Markings under Part 173 are instructions,
cautions, weights, or specification marks or any combination of
these markings on the outside of containers or packages used to
transport hazardous materials or hazardous wastes. There are
two types of DOT markings which must be applied by the shipper
(generator) to all shipments of a hazardous material/waste: (1)
The DOT package markings; and (2) the DOT container specification
markings.
The DOT requirements apply to all packages or containers
of hazardous materials and hazardous wastes offered for trans-
portation. These basic DOT marking requirements are as
follows:
(1) Packages must be marked with the proper shipping
name and UN/NA identification number as listed in the
Hazardous Materials Table (HMT) of section 172.101.
Hazardous materials and wastes packaged in portable
tanks, cargo tanks and tank cars or shipped under the
the Limited Quantity exception are exempted from
this portion, of the regulations. (49 CFR 172.30CL)
*
(2) Packages of a hazardous material/waste offered for
export by water and described by a "N.O.S" entry in
§172.101 must have the technical name of the material added
in parenthesis immediately following the proper shipping
name. (49 CFR 172.302)
(3) Markings must be durable, in English, and printed on or
affixed to the surface of the hazardous material/ waste
container, or on a tag, label or sign. (49 CFR 172.304)
(4) Markings must be displayed on backgrounds of sharply
contrasting colors, unobscurred by labels or attachments,
and located away from other markings such as advertisements
which could reduce their effectiveness. (49 CFR 172.304)
(5) ORM - markings. (49 CFR 172.316)
(6) Packages must be marked with the names and addresses of
the consignee and consignor, except when they are transported
by highway and will not be transferred between different
motor carriers; or part of a carload lot, truckload lot or
freight container load and the entire contents of the rail
car, truck or freight container are tendered from one
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consignor to one consignee; or transported by portable
tank, cargo tank or tank car. (49 CFR 172.306) (Note:
see section II F.4 on Transportation by Highway for
requirements for motor carriers).
Figure II -
Illustrative example of proper marking according
to DOT regulations.
WASTE AMP1C ACID
MA 9077
Containers which have been constructed to meet DOT
specifications, must be marked as follows:
(1) Letters and numerals identifying the container speci-
fications -in- an unobstructed area. (49 CFR 173.2"4(c))
(2) The name and address, or symbol of the person affixing
such a mark. Symbols, however, must first be registered
with the Materials Transport Bureau.(49 CFR 173.24(c))
(3) Markings must be in letters and numberals at least
1/2" high and stamped embossed, burned, printed or
otherwise marked on the package to provide accessibility
and permanency so they are readily apparent and can be
understood. (49 CFR 173.24(c))
Table C-l (next page) shows other pertinent DOT marking
regulations applicable to both hazardous materials and hazardous
waste transportation.
In addition to the two DOT marking requirements, Section 262.32
of the EPA Hazardous Waste Regulations, requires a generator to mark
each hazardous waste package or container of 110 gallons or less with
the following words and information:
HAZARDOUS WASTE - Federal Law Prohibits Improper
Disposal. If found, contact the nearest police or
public safety authority or the U.S. Environmental
Protection Agency.
Generator's Name and Address
Manifest Document Number
- II(C) 2 -
-------
Table C-l Additional Marking Regulations
Topic
Authorized
abbreviations
Radioactive
materials
Liquid Hazardous
materials
Packagings con-
taining materials
Classified as ORM
Portable Tanks
Cargo Tanks
Tank Cars
Shipping
Container
Specifications
Specifications
for Tank Cars
Subject
Regulations with regard to
use of abbreviations for
the marking descriptions
Additional marking require-
ments for specific types of
radioactive materials and
packagings
Markings requirements for
liquid hazardous materials
Markings rquirements for
Other Regulated Materials
A, B,, C, D, & E
Marking requirements for
lettering portable tanks
Required markings for cargo
tanks
Marking requirements and
exceptions for tank cars
Marking requirements are
listed throughout this part
for the various shipping
containers to certify that
they were constructed to
DOT specifications
Each tank car should be
plainly and permanently
marked to certify that the
tank complies with the DOT
specifications
Title 49
Section
172.308
172.310
172.312
172.316
172.326
172.328
172.330
Part 178
Part 179
- II(C) 3 -
-------
2. Labeling (Subpart E of HMTR)
A hazardous material transportation label is a color-coded square-
on-point with a hazardous warning written and illustrated upon it.
It must be attached directly to a package or container carrying a
hazardous material/waste. Labels identify the principal hazard(s)
associated with a material/waste being shipped. Thus, their placement
on a package or container helps to alert transportation personnel of
the potential hazards of a material or waste.
Every shipper (generator) who offers a package, overpack or
freight container containing a hazardous material/waste for trans-
portation must affix to it the label(s) prescribed for the material/
waste, according to column 4 of the Hazardous Materials Table of
section 172.101. In addition, section 172.402 specifies certain
multiple labeling requirements when materials/wastes of diferent
hazard classes are shipped within single packages or containers.
Once a shipper (generator) affixes the proper labels to a package,
and verifies that all packages and containers have been correctly
identified, classed, marked and labeled it then becomes the respon-
sibility of each carrier (transporter) to accept the verification
unless obvious errors or.omissions are detected, and to assure all
missing, torn or improper labels are replaced.
All DOT labels must meet certain general requirements, such as
uniform specifications and proper placement.. These requirements are
outlined in the HMTR as follows:
(1) Labels must be printed on or affixed to the surface of a
package near the proper shipping name marked in accordance
with Subpart D of the HMTR. (49 CFR 172.406U))
(2) Labels may be printed or placed on a securely affixed
tag, or by some other suitable means under certain conditions,
(49 CFR 172.406(b))
(3) Labels must be affixed to a background of a contrasting
color, or must have a dotted or solid line outer border.
In addition, DOT prohibits the use of any packagings
which bear markings or labels of a color, design or shape
which might be confused or in conflict with the DOT
labels prescribed. (49 CFR 172.401(b), 49 CFR 172.406(d))
(4) Labels may contain additional identification information,
including the name of a generator or producer, provided
that the information is printed outside of the solid line
inner border and is in type no larger than 10 points or
1/8 of an inch. (49 CFR 172.407(f))
- II(C) 4 -
-------
Figure III - Illustrative example of proper labeling
according to DOT regulations.
END UP
WASTE NITROGEM DIOXIDE
LIQUID UN I0fe7
It is important to remember that hazardous materials/wastes
shipped under the Limited Quantity exception are not required to
display the DOT labels. To determine whether a particular material/
waste qualifies for this exception, a shipper (generator) must
consult the Table in section 172.101,column 5(a). In addition,
a hazardous waste which does not meet the definition of a DOT
hazard class other than the ORM-E classification must be marked,
instead of labeled, as prescribed in section 172.316 of the HMTR
and section 262.32 of the Hazardous Waste Regulations. (See
Appendix II for definitions of the DOT hazard classes.)
Finally, the following table lists the DOT regulations
applicable to labeling:
Table C-2 Hazardous Materials/Waste Labeling Regulations
General Labeling
Requirements
Prohibited
Labeling
Specialized
labeling
requirements
Placement of
Labels
Subject
Labeling requirements and
exceptions, under DOT
regulations
Labeling restrictions and
exemptions
Labeling requirements for
mixed and consolidated
shipments; and specialized
labels
General requriemtens and
exemptions for the place-
ment of labels on packagings
containing hazardous materials
- II(C) 5 -
Title 49
Section
172.400
172.401
172.402/
404
172.406
-------
Table C-2 continued
Label Label requirements for size, 172.407
Specifications shape, color, lettering and
durability
Examples Examples of labels and 172.403 172.405
labeling requirements for 172.411-
specific hazardous materials/ 450
wastes
Replacement Requirements for replacing 174.33,
Requirements labels which have been lost 175.40,
or damaged 176.33 &
177.815
3. Placarding (Subpart F of HMTR)
A DOT placard is a color-coded sign which includes a written
and illustrated warning that is designed to identify the hazard(s)
associated with a material/waste being transported. All motor
vehicles, rail cars and freight containers carrying a hazardous
material/waste identified in Table 1 or over 1000 Ibs. of those
identified in Table 2 must be placarded on each end and on each
side with the type of placard specified in either Table 1 or
Table 2 of section 172.504 as appropriate for the material/waste
being carried. The primary purpose of the placards is to alert
(1) personnel involved with the transport of hazardous materials/
waste, (2) emergency response teams called to the scene of a
hazardous material/waste incident, and (3) the general public
against the potential hazards of a material or waste.
The tables in section 172.504 specify which placard or
combinations of placards must be used for the transportation of
hazardous materials/wastes. The type of placard required depends
upon the hazard class assigned to the material/waste.in column
(3) of the Hazardous Materials Table of section 172.101. For
example Table 1 (below) lists five (5) hazard classes.
Table I - List of DOT hazard classes always requiring placarding,
and the corresponding placard notations.
r mour who*. rW or. er trvgm concur eonm a Tb« motor *«*o«. raft etr, er tmont tjenum-xr muft bt
••HO fdMBTDvo) •*"•• ptmrovd en •%cn 009 end ••en xv
EXPLOSIVES A.'
EXPLOSIVES B.'
Pawn A - POISON GAS.'
FtonmabM iott (DANGEROUS WHEN WET \Mt*'. orty) _ FLAMMABLE SOUD W. •
RADIOACTIVE,*'
Uranun hcafiuone*. tea* (eemanng me»« gun 0.7 pel RADIOACTIVE « ANO CORSOSJVS, •
U-^.
Unnum toaDuono*. K~ ocofic tcwny (CBnumng 0.7 pet RADIOACTIVE •• 'MO CORROSIVE.'
<&M ! 17Z21(XtJ.
'EXPLOSIVES B plceart net nguni K tnt (mcAl aomurwr. motor v*no«, ami car eonumi d««s A toMKv« tni •
placvMd EXPLOSIVES A *s r«gur«d.
'FLAMMABLE SOUO ~*~ pluartl • raound only wn«n n« DANGEROUS WHEN wET l«o*< a ipcafwo n { 172.101 tor
• miunU euxxd u < fUnvnibi* iota.
•ApoLM on*r 10 «m ouvair o< P*ekiOM bMmg M RACKOACT7VE YELLOW U !u»L (SM 1 172.4O3.)
•S*« H injaMc) *m ITOJtSlo). lor imuo«) ux»r<»mi ot mexMON* iratmt nwnng mt ainnnion of low to*afe
aOMty wtMn uiraoomd punu«< • 1 173JS2lb|.
ptacwe not ragur«U tor «rwmwro of feu 8wi 1000 pouno* graa •*«%
- II(C) 6 -
-------
Listed across from the hazard classes are the DOT placards which
must be used to transport a material/waste described by any one
of these classes.
Figure IV - Representative section from the Hazardous Materials Table
§172.101 Hazardous Material] Table (cont'd)
E/
A/
IT
irU>
Oil
Mw.
w
0-T»
ro
Uiftuymi «000CD/2ZX»
TS2IM
OK 1KB
K-.
17SJ*«
1TJJB
1T3-J3
E Pbwptw-
173.1B
ITS •'
ink
r. GW. Wnia M rmowi i^
-------
Table II - List of DOT hazard classes requiring placarding under
certain conditions (see text), and the corresponding
placard notations.
II me motor »«r-a«. n> car or *rr*pt aamtmv com-m i
manual oasaed (Jaj-neil) w—
The motor vehoe. r_* car. or
placarded on eacn MM and
Q*s» C *«p«oa»»e»_
SKsimo, aoenQ.
NoRJtemmao*e j««
Nonftammaeie oas 1<^-~*~-'
Uortummion gas (Ruonnel__________
NonAammaoie gas (Oiyoan. preseuraed kn«3).
Rammabie oas.
CHLOaiNe.'
_: POISON.
Flamm*o*e !«t»d..
Flammable >oW.
FLAMMABLE.
FLAMMABLE SOUO.'
Oroanc perande-
ORGANC PSBOXlOe
COTOW* malenal.
kraaong mawoel_
DANGEROUS.
1 AopU* only to * etess C tujimm reo^red to b* labewd win an EXPLOSIVE C label
'OXYGEN placard* mey b* toed lo «S»rmfy (qu*fiM pr*uura*4 oxygen esmamed UUASLE
SOLID piaatrd excaet »nen > DANGEROUS WHEN WET laoel « iptofied lor n« maten*; n tec. 172.101. (See UUM i. Vrc
t-tmpliont.
'CHLORINE plaoaKd rnweS only tor a oeckagmg fw»mfl a rated caaeeny o( mar* tftan 118 gatenc; ff« NON-FLAMMA,
9LE GAS placard lex paex_9ng> hawiq a vted oaaoty of 110 aakom or ten.
•A NON-FLAMMABLE GAS ptec-fl a not rand on a motor who* dnpiar*^ • FOMMA3LE GAS puord.
' SLASTING AGENTS. OXIOIZER and DANGSPOUS piaeara flMfl not o. Oi wwrxl •< » h*9M cornamr. motor veneM. or
i*9 car atoo eonivn* Oaa* A or 8 annuena* and • pteearaed EXPLOSIVES A or EXPLOSIVES 3 aa reoured.
UmrJt. 112-29, tl FR 15996. Apr. 15. 1976. u amended by Amdt. 172-29A. 41 FR-40«79. S«pt.
' 20, 1976; Amdt. 172-29B, 41 FR 57067. Dec. 30, 1976: Amdt. 172-48, 44 FR 31182. May 31, 1879]
On the other hand, the placards specified in Table 2 (above)
are only required for shipments of materials/wastes weighing 1000 Ibs.
(454 kilograms) or more. Exceptions to this weight limit are
listed in the footnotes below Table 2. Also, the DANGEROUS
placard may be used in lieu of the specified placards for combined
shipments of materials/wastes under Table 2, provided that the total
weight of any one material/waste loaded at one location in the mixed
load does not exceed 5000 Ibs (2273 kilograms). In -the event that
one of the materials/wastes in the mixed load does exceed 5000 Ibs,
then a separate placard would be required for that material/wastes.
However, the DANGEROUS placard could. still be displayed for the
remaining materials in the load. For example:
MIXED
LOAD
1000 Us.
2500 Jb.
4 placards
4000 Ib.
4 placards
+ 4 placards
- II(C) 8 -
placards
DANGEROUS
-------
5100 Ib.
4. placards N/ _.+ __ 4 placards
12 placards
4 placards + 4 placards
8 placards
(Note: The following hazard classes are not regulated under Tables
1 & 2 : ORM A,B,C,D & E; Etiological Agents)
Placarding hazardous materials/wastes is the joint responsibility
of the shipper (generator) and the carrier (transporter). Each person
who offers a hazardous material/waste for transport by highway must
provide the carrier (transporter) with the placards required for the
material/waste prior to or at the time it is offered for transport,
unless the carrier's (transporter's) vehicle is already properly
placarded for the material/waste. In the case of rail shipments, the
shipper must affix the placards required to the rail car containing
the hazardous material/waste, unless the motor vehicle, transport
container or portable tank on the rail car is already properly
placarded. No rail carrier (transporter) may accept a rail car
containing a hazardous material/waste for transport, unless the
necessary placards are in place.
All placards required on motor vehicles, rail cars and
freight containers must be readily visible. They must be located
away from apparatus such as ladders, pipes and doors, and be clear
of any marking such as advertising which could substantially
reduce their effectiveness. In addition, placards should be
securely affixed and maintained in such a manner that the format,
legibility, color and visibility are not damaged, deteriorated
- II(C) 9 -
-------
or obscurred by dirt or other matter. The hazardous material/waste
UN or NA identification numbers must also be displayed on portable
tanks, cargo tanks and tank cars, either on the placard designated
in this section or on a separate orange panel described in section
172.332 (see below). This requirement applies only to cargo tanks,
tank cars and portable tanks on and after November 1, 1981.
Table C - Identification Number Display
Topic
Prohibited
Display
General Display
Requirements
Portable Tanks
Cargo Tanks
Tank Cars & Multi-
Unit Tank Car Tanks
Subject
Display alternatives
Display specifications
Display requirements
for portable tanks
Display requirements
for cargo tanks
Display requirements
for tank cars and
multi-unit tank car
tanks
Title 49
Section
172.334
172.332
172.326
172.328
172~330
(1) Orange Panel
(2)
1075
DOT Specification Placard
with ID Number .-'-.
Note: This panel must appear
in conjunction with the DOT
placard specified .for the material
in Table 1 or 2 of §172.504
- II(C) 10 -
-------
The following Table identifies other important placarding requirements
for the transportation of hazardous materials/wastes:
Table C-3 Other Hazardous Materials/Waste Placarding Requirements
Prohibited
Placarding
General Placarding
Requirements
Placarding for
Rail Shipment
Placarding for
Highway Shipment
Freight
Containers
Cargo Tanks and
Portable Tanks
Visibility and
Display of
Placards
General
Specification
for Placards
Specifications
for Placard
Type
Title 49
Subject Section
Placarding restrictions 172.502
Placarding requirements by 172.500
class of hazardous material/ 172.504
waste and quantity
Special rail placarding 172.508
requirements 172.510
Empty Placard
Responsibility of shipper 172.506
and transporter
Placarding requirements and 172.512
-.exceptions for freight
containers
Placarding requirements and 172.514
exceptions for cargo and
portable tanks
Requirements for the proper 172.516
display of hazardous mater-
ials/waste placards
General requirements for 172.519
designing, manufacturing
and lettering hazardous
material/waste placards
Specifications for and 172.521
examples of specific types 558
of hazardous material/waste
placards
- II(C) 11 -
-------
D. Shipping Papers/Manifest (Part 172, Subpart C of the HMTR)
DOT requires that any person who offers a hazardous material
for transportation must describe the material on a shipping paper
according to Part 172 of the HMTR. There are, however, certain
exceptions to this rule. Other Regulated Materials (ORM) A,B & C
need not be described on the shipping paper in the manner required
by Part 172, Subpart C unless they are to be transported by air
or water. On the other hand, an ORM-D material must always be
described in the manner required under this part unless it is to
be transported by air. (49 CFR 172.200(b))
A DOT shipping paper may take on any number of forms. It
may be a shipping order, a bill of lading, a manifest or another
shipping document, provided that it includes the following
information:
(1) The proper shipping name of the hazardous material as
it is listed in the Hazardous Materials Table of section
172.101. (49 CFR 172.202(a))
(2) The hazard class prescribed for the material in the
Hazardous Materials Table. The hazard class, however,
need not be included when the words of the proper
shipping name contain the key word or words of the
class and the shipping name contains only one hazard
class. For instance, a material with the proper shipping
name "Poison B, liquid" would not require the hazardous .
class entry. ('49 CFR 172.202(a))
(3) The identification number preceded by UN or NA, as approp-
riate, assigned to the material in the Table. (49 CFR
172.202(a))
(4) The hazardous material description outlined in (1), (2) and
(3) above must appear on the shipping paper in the following
sequence: proper shipping name, hazardous'class, UN/NA ID
number. For example, "Gasoline, Flammable liquid, UN 1203".
(49 CFR 172.202(b))
(5) The total quantity of the hazardous material described on
the shipping paper must be cited by weight, volume or as
otherwise appropriate either before or after, or both
before and after the materials proper shipping descrip-
tion. (49 CFR 172.202(c))
(6) A certification by the person who offers the hazardous
material for transport, stating, "This is to certify that
the above-named (or herein-named) materials are properly
classified, described, packaged, marked and labeled, and
are in proper condition for transportation according to the
applicable regulations of the Department of Transportation".
- II(D) 1 -
-------
Exceptions to and variations of this certification are
listed in section 172.204 of the HMTR. (49 CFR 172.204)
(7) The type of packaging used to transport the material may
be entered in any appropriate manner or by using abbrev-
iations such as "40 Cyl. Nitrogen, Nonflammable gas, UN
1066, 800 pounds" or "1 box Cement, liquid, N.O.S'.,
Flammable liquid, NA 1133, 25 Ibs." (49 CFR 172.202(c))
In addition to the foregoing information, a shipping paper
may be required to include certain other information, depending
upon the mode of transportation used, the material being shipped
or the circumstances surrounding certain specified shipments.
These additional description requirements are discussed in the
Manifest Guidance Document also published by the Office of Solid
Waste, EPA.
For the transportation of hazardous wastes, DOT specifies in
§172.205 that no person may offer, transport, transfer or deliver
a hazardous waste unless it is accompanied by a manifest prepared
in accordance with the EPA Hazardous Waste Regulations, 40 CFR
Part 262. It must be carried by the transporter in the same
manner as required for shipping papers in sections 174.24 (Rail),
175.35 (Aircraft), 176.24 (Vessel), and 177.817 (Highway).
It must also contain much of the same information required for
shipping papers, such as:
Type of Container-
Proper DOT shipping name
DOT Hazard Class
UN or NA Identification number
Exception Information (when applicable)
Exemption Numbers (when applicable)
Quantity or Volume
Shippers Certification
The hazardous waste manifest, however, requires five additional
items not required on a DOT shipping paper. These include:
(1) A manifest document number which is a serially increasing
number typed, printed or written on all copies of
the manifest.
(2) The generator's name, mailing address, telephone number,
and EPA identification number.
(3) The name and EPA identification number of each
transporter.
(4) The name, address and EPA identification number of the
designated treatment, storage or disposal facility, and
alternate facility, if one is provided.
- II(D) 2 -
-------
(5) The EPA certification which states, "This is to certify
that the above-named materials are properly classified,
described, packaged, marked and labeled and are in
proper condition for transportation according to the
applicable regulations of the Department of Transportation
and the EPA."
Thus, it is important to remember that while a manifest may
serve as a shipping paper, a shipping paper may not be used as a
manifest to transport hazardous wastes unless it includes the
additional information required by EPA - i.e., a manifest must
contain the information required by EPA as well as all the
information required on a shipping paper. (NOTE: See Manifest
Guidance Document for a more detailed explanation on how to
prepare the manifest.)
- II(D) 3 -
-------
E. Packaging (Parts 173, 178, 179 of the HMTR)
The RCRA regulations require that all generators of hazardous
wastes transport their wastes in packagings which are in accordance
with the DOT shipping and packaging regulations in Part 173, 178 and
179 of Title 49. Part 173 of the regulations addresses the General
Requirements for Shipments and Packagings of Hazardous Materials,
while Parts 178 and 179 outline in detail the specifications for both
shipping containers and tank cars, respectively.
In deciding which DOT shipping and packaging regulations apply
to a particular material/waste, it is important to first determine
the DOT proper shipping name and hazard class which accurately
describes the material/waste. The DOT packaging regulations are
developed to correspond with the types of hazard(s) a materials/waste
potentially presents once it is offered for transportation. Since it
is the hazard class of the materal/waste which actually determines
the packagings to be used for a shipment, it is, therefore, essential
that every material/waste be properly named and classed according the
DOT requirements. If any uncertaintly remains regarding the DOT
proper shipping name and hazard class system, refer to sections B and
C of this Manual and the Manifest Guidance Document for a complete
explanation.
Once the proper shipping name and hazard class of a particular
material/waste has been acertained, column 5 of the Table in section
172.101 of the HMTR_will identify the specific packaging regulations
which apply to that material/waste.. Column 5(a) specifies whether
any exceptions may be taken for limited quantity shipments and column
5 outlines the general packaging requirements for non-excepted ship-
ments of the material/waste. In addition, column 6 and 7 highlight
any further restrictions that may be placed on the transportion of
the material/waste by aircraft, passenger rail or vessel.
For example, the Table classes Hydrofluoric acid solution
as a "Corrosive" material.
Figure V - Representative section from The Hazardous Materials Table.
§172.101 Hazardous Materials Table (cont'd)
E/
A/
W
.lifcwpc
ai o4 iol«uo« (X^CDa^Z?^
H«drofloone wd Klfvic «ad ••«»•
now
&•»
- II(E) 1 -
-------
Column 5 above references the HMTR sections which delineate the speci-
fic packaging requirements for this corrosive material. Column
5(a) lists section 173.244 and column 5(b) lists section 173.264.
§ 173.244 Limited quantities of corrosive
materials.
(a) Limited quantities of corrosive
mrterials for which exceptions are
permitted as noted by reference to
this section in § 172.101 of this sub-
chapter are excepted from labeling
(except when offered for transporta-
tion by air) and specification packag-
ing requirements when packed accord-
ing to the following paragraphs. In ad-
dition, shipments are not subject to
Subpart F of Part 172 of this sub-
chapter, to Part 174 of this subchapter
except { 174.24 and to Part 177 of this
subchapter except | 177.817.
(1) Corrosive liquids In bottles
having a rated capacity not over 16
ounces by volume each enclosed in a
metal can packed in strong outside
packaging.
(2) Corrosive liquids in metal or plas-
tic containers having a rated capacity
not over 16 ounces by volume in strong
outside packaging.
(3) Corrosive solids in earthenware,
glass, plastic, or paper containers of
not more than 5 pounds capacity each
packed in metal, wooden or fiberboard
outside packaging not exceeding 25
pounds net weight each.
(4) Corrosive solids in metal, rigid
fiber or composition cans or cartons or
rigid plastic containers; of not more
than 10 pounds capacity each, over-
packed in metal, wooden or fiberboard
outside containers not exceeding 25
pounds net weight each.
(b) Special exceptions for shipment
of certain corrosive materials in the
ORM-D class are provided in Subpart
N of this part.
Section 173.244 (shown above) lists the special conditions
for which hydroflouric acid solution may be shipped as an
excepted material/waste. If it is to be shipped in any of
the limited quantities.mentioned in (1) through (4), then the
hydroflouric acid solution would not require the corrosive
label specified in Column 4 nor the specification packaging
required in Column 5(b).
If, on the other hand, the shipment of hydroflouric acid
exceeds any of the small quantity limitations in 5(a), it must
be labeled as required and shipped according to the specifications
in §173.264 (shown below).
§ 173.264 Hydrofluoric acid: White acid.
(a) Hydrofluoric acid and white acid
(ammonium bifluoride and hydrochlo-
ric acid mixture), each must be packed
-------
The Table also identifies certain shipping requirements for
Hydrofluoric acid.
Figure VI - Representative section from The Hazardous Materials Table.
§172.101 Hazardous Materials Table (cont'd)
E/
A/
OX)
Haiti.
UMfi)
(M
A)
u
(M
Pu.
"V
HrdreAyoric »o4 lelinkx (^Ck«OV2?^>
H«orir —
-------
(1) Radioactive material (10) Corrsive material (solid
(2) Poison A (11) Irritating materials
(3) Flammable Gas (12) Combustible liquid (in con
(4) Non-flammable Gas tainers more than 110 gallons)
(5) Flammable liquid (13) ORM-B
(6) Oxidizer (14) ORM-A
(7) Flammable Solid (15) Combustible liquid (in con
(8) Corrosive material (liquid) tainers less than 110 gallons)
(9) Poison B (16) ORM-E
For instance, a material/waste that is both a flammable gas
and an irritating material must be classed and packaged according to
the requirements of a flammable gas because it appears third on the
list/ while an irritating material appears eleventh. This listing,
however, will not apply to materials/wastes specifically identified
in the hazardous material table §172.101 as:
Explosives, see §173.86
Blasting Agents, see §173.114(a)
Etiological Agents, see §173.386
Organic Peroxide, see §173.151(a)
Such materials/wastes must be classed and packaged according to the
special requirements delineated in the regulation sections mentioned
above.
Other general regulations applicable to all packagings and
shipments are listed in Table E-l.
Table E-l General Regulations for Packagings"
TITLE SUBJECT SECTION
Purpose & Scope Purpose & scope of the 173.1
packaging regulations
Classification of Hierarchy of hazard 173.2
a material having classes
more than one ha-
zard class
Packaging & excep- Methods of manufacture 173.3
tions & packagings for leaking
containers
- II(E) 4 -
-------
Table E-l continued
Shipments by Air
US Government
material
Canadian Shipments
packagings
Prohibited Packaging
Standard Requirements
for all packages
Additional requirements 173.6
for packagings used for
air transport
Special requirements for 173.7
hazardous materials sent by
US government
Shipments of hazardous material 173.8
into the US from Canada
Restrictions on packaging 173.21
General packing requirements 173.24
2. Preparation of Hazardous Materials for Transportation
(Subpart B)_ _ _ _
Before offering a hazardous material/waste for transportation,
a shipper (generator) must be certain that packages and containers
meet all. of the packaging and shipping requirements of the HMTR.
Section 173.22 outlines the shipper's (generator's) responsibilities
for the packaging of hazardous materials/wastes. A shipper
(generator) must determine that all containers used are assembled
with all parts or fittings in their proper place and properly secured
and marked in accordance with the applicable specifications prescribed
in Parts 178 and 179. In determining whether a specification container
is manufactured in accordance with the applicable specifications, the
shipper (generator) may accept a manufacturer's certification or
specification marking. The shipper (generator) must also be certain
that the packagings used are not of the type prohibited in Section
173.21 of the HMTR.
In addition, a shipper (generator) may also apply for a DOT
exemption allowing him to use a container or package other than the
one required for a particular material. An exemption authorizes a
single shipper (generator) to transport a hazardous material/waste
which may not be included under the HMTR or to use for a specified
length of time a container which is not specifically authorized by
DOT. A DOT exemption is only provided when the shipper (generator)
is able to show that his proposal achieves a level of safety at least
equal to that specified in the regulation from which the exemption is
- II(E) 5 -
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sought. If the regulations do not contain a specified level of
safety, the proposal must then be "consistent with the public
interest and adequately protect against risks to life and property."
(49 CFR 107.101) Applications for the DOT packaging exemption or
for a renewal after the exemption has expired must be made in accord-
ance with §§107.103(new) and 107.105(renewal), and be presented to
the Office of Hazardous Materials Regulation, DOT. Remember, however,
a DOT exemption from a certain packaging requirement does not necess-
arily exclude the shipper (generator)
from the manifest/shipping paper, labeling, marking or placarding
requirements of DOT or EPA.
Along with the basic responsibilities outlined above, the
shipper (generator) must recognize further the general standards and
requirements applicable to all packagings and containers used to
ship hazardous materials/wastes. These requirements are as follows:
(1) no "significant" release of a hazardous material/ waste can
occur into the environment, (2) the effectiveness of a packaging or
container cannot deteriorate, and (3) no mixture of gases can occur
which through a credible spontaneous increase of heat or pressure or
through an explosion might reduce the effectiveness of the packaging
(49 CFR 173.24 a,b,c). In addition, all packagings which are used
to transport hazardous materials/wastes must conform to the design
and construction criteria specified in section 173.24.
The reuse of containers for hazardous wastes is of particular
interest to hazardous waste generators. If DOT regulations do not
limit a packaging or container to non-reusable (NRC) or singletrip
(STC), its reuse is authorized, but subject to the special require-
ments of §173.28 as"Well. Although this section of the HMTR allows
for the reuse of containers, the general responsibility for assuring
the safety of the container is placed on the shipper (generator) by
sections 173.22, 173.24, 173.28. Therefore, any shipper (generator)
who plans to reuse a container or packaging for the transportation of
a hazardous material/waste must make certain that the packaging
"complies in all respects with the prescribed requirements" for the
original container (§173.28). Thorough visual inspections and non-
destructive testing may be necessary to comply with, these require-
ments. Parts 178 and 179 specify when inspections -and re-tests must
be done.
In addition to the foregoing conditions that apply to the
reuse of containers, there are certain instances when a NRC or
STC may be reused to transport a hazardous waste. Section
173.28(p) authorizes the reuse of NRC or STC for the shipment of
hazardous wastes to designated facilities provided that the
following conditions are satified:
(1) The waste must be packaged in accordance with the
requirements of Parts 173, 178 and 179 and offered
for transportation in accordance with the general
manifest, marking, labeling and placarding require-
ments of the HMTR.
- II(E) 6 -
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(2) Transportation is performed by highway only.
(3) A package is not offered for transportation less than
24 hours after it is finally closed for transportation,
and each package is inspected for leakage immediately
prior to being offered for transportation.
(4) Each package is loaded by the shipper and unloaded by
the consignee, unless the motor carrier is a private
or contract carrier.
(5) The packaging can be used only once and can not be used
again for shipment of hazardous materials except in
accordance with section 173.28(m) and (n) which authorizes
the reuse of containers for certain materials, provided
that the containers are cleaned, repaired and reconditioned
as specified therein.
Included within this section are additional regulations
applicable to other types of containers which may be used to
transport hazardous materials/wastes. Table E-2 lists the
regulation sections which apply to these packagings.
Table E-2 Regulations & Specification for Packaging & Shipments_
TITLE
Previously autho-
rized packaging
SUBJECT
SECTION
Regulation specific to certain 173.23
packagings previously authorized
Authorized packages General specifications for DOT 173.25
in outside con-
tainers
outside containers
Quantity limitat- Use of English & metric unit
ions & metric mea- measures
surements
173.26
Aircraft quantity
Limitations
Empty Packagings,
portable tanks,
cargo tanks and
tank cars
Explanation of maximum quantity 173.27
limits
Regulations pertaining to empty 173.29
packagings, portable tanks, cargo
tanks and tank cars
- II(E) 7 -
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Table E-2 continued
Qualification/ Regulations pertaining to 173.31
maintenance and qualification, maintenance
use of tank cars and use of tank cars
Qualification, Regulations pertaining to 173.32
maintenance and qualification, maintenance
use of portable and use of portable tanks
tanks
Qualification, Regulations pertaining to 173.33
maintenance and qualification, maintenance
use of cargo tanks and use of cargo tanks
Qualification, Regulations pertaining to 173.34
maintenance and qualification, maintenance
use of cylinders and use of cylinders
Subparts C through 0 of Part 173 provide the specific
packaging and shipping requirements for each of the 16 DOT classes
of hazardous raateriads/wastes and for the individual materials
within each class. Prior to each subpart's instructions on shipping
and packaging is a definition of the characteristics of each hazard
class. In determining which packaging is appropriate for a
particular material/waste, the shipper should consult the Hazardous
Material Table for the specific regulation section listed in column
5. Column 5 references the section within these subparts. (See
beginning of this section on Packaging for an example of how to
use the Table in conjunction with these Subparts). .Table E-3
delineates the classes of hazardous materials/wastes for shipping
and packaging, and lists the sections in which they are regulated.
Table E-3
Classes of Hazardous Material Regulations for Shipping and Packaging
Class Subpart Section
Explosives C 173.50 - 173.114
Flammable, Combustible, and D 173.115 - 173.149a
Pyrophoric Liquids
- II(E) 8 -
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Table E-3 continued
Flammable Solids, Oxidizers, E 173.150 - 173.239a
Organic Peroxides
Corrosive Materials F 173.240 - 173.299a
Compressed Gases G 173.300 - 173.316
Poisonous Materials,
Etiologic Agents and H 173.325 - 173.399
Radioactive Materials
Special Requirements I 173.400 - 173.432
ORM A, B, C, D, and E J,K,L,M,N,0 173.500 - 173.1300
Specifications for Containers. The requirements and
specificiations for hazardous materials and waste shipping
containers are also regulated under the provisions of Title 49,
Parts 178 and 179. _Th.ese parts of the regulations delineate the
manufacturing and testing specifications for packaging and
containers used for the transport of hazardous materials/wastes
in commerce.
Part 178 - Shipping Container Specifications. Part 178
delineates the specifications for the classes of shipping
containers. It defines each of the classes of containers and
states the specifications as to the design, the dimensions, and
the capacity of hazardous materials/waste containers. It also
sets the standards for materials which may be used to manufacture
or construct the containers, the testing requirements for the
containers, the packaging, padding and cushioning requirements,
and the use and reuse criteria for containers. The classes of
shipping specifications are shown in Table E-4 (next page).
- II(E) 9 -
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Table E-4 Part 178: Classes of Shipping Containers
Class Section
Carboys, Jugs in Tufas, and Rubber 178.1 - 178.19
Drums
Inside Containers, and Linings 178.20 - 178.35a
Cylinders 178.36 - 178.68
Metal Barrels, Drums, Kegs, Cases, Trunks, 178.80 - 178.150
and Boxes
Wooden Barrels, Kegs", Boxes, Kits, 178.156 - 178.198
and Drums
Fiberboard Boxes, Drums and Mailing 178.205 - 178.241
Tubes
Portable Tanks 178.245 - 178.255
Containers for Motor_Vehicle transport . 178.315 - 178.^43
including tanks and tank cars
General Packaging 178.350 - 178.350-3
Part 179 - Specifications for Tank Cars. Part 179 delineates the
specifications for tanks which are part of or are mounted on a rail
tank car used to transport hazardous materials. If defines four
different classes of tank cars, and sets the specifications for
design, dimensions, and capacity of the tank car. It also regulates
the materials which may be used to manufacture or construct the
tank car, the testing requirements for the tank car, and the standards
for use and reuse of the tank car. The four classes of tank car
specifications, as well as general design requirements are shown
in Table E-5 (next page).
- IKE) 10
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Table E-5 Part 179: Classes of Tank Cars
Class Section
General Design Requirements 179.10 - 179.14
Pressure Tank Car Tanks 179.100- 179.105
Non-Pressure Tank Car Tanks 179.200- 179.221
Multi-Unit Tank Car Tanks 179.300- 179.302
Liquified Hydrogen Tank Car Tanks & 179.400- 179.500
Seamless Steel Tanks
- II(E) 11
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F. Transportation
Introduction
According to the HMTR, any hazardous material/waste to be
transported to a designated off-site facility must be done so in a
manner that best provides protection to environment and human health.
The following section discusses the DOT requirements for transporting
hazardous material/wastes by the various modes, namely: rail,
aircraft/vessel, and highway.
- II(F) 1 -
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F. Transportation
1. By Rail (Part 174)
With regard to the transportation of hazardous materials/
wastes by rail, the HMTR require that shipments be prepared
in accordance with Parts 171,172, and 173 of Title 49 CFR before
acceptance by any carrier. Once accepted, each package must be
forwarded to its destination, unless it is found to be leaking
or in an unsafe condition. Before accepting a shipment of
hazardous materials/wastes for transport, each carrier must
also:
(1) Obtain the proper shipping paper/manifest
from the shipper (generator)(section 174.24)
(2) Inspect the shipment to make sure it
conforms with the shipping paper/manifest.
In addition, packaging and storage conditions
should be checked and the inspection must be
open, as well, to authorized representatives
of the department and the Bureau of Explosives
(section 174.8)
Carriers transporting by'rail are also required to forward
shipments to destinations specified as quickly as possible.
The time constraints for movements of hazardous materials/wastes
are given in 49 CFR section 174.14.
Subpart C of these regulations deals with the handling,
loading, and unloading of hazardous-materials/wastes when
transporting by rail. The regulations under this subpart
require the following:
(1) Proper bracing and blocking of the materials
aboard the transporting car;
(2) Cleaning of cars that have had hazardous material/
waste leaks;
(3) Proper placarding of the materials; and
(4) Proper segregation of the materials/wastes
when applicable. Hazardous materials/wastes
may not be transported together except as
provived in Table F-2 (see pages II P-5- and -6-).
Special regulations are also required for piggy back trialer-
on-flat-car'(TOFC) operations (49 CFR section 174.61) and for
portable tank operations (49 CFR section 174.63). Section
174.61 identifies the special provisions for loading and bracing
TOFC's and certain restrictions regarding the transportation of
hazardous materials/wastes in TOFC's. Section 174.63 specifies
the provisions for loading and the conditions requiring
- II(F) 2 -
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bracing and tie-down for portable tank operations. In addition,
other specified procedures for loading tank cars are listed
in 49 CFR section 174.67. Table F-l contains a summary of the
special regulations that apply to rail shipments of certain
hazardous materials/wastes.
Table F-l Summary of Special Handling Requirements For Rail
Transportation of Hazardous Materials By Hazard Class.
Hazard
Class
49 CFR
Section
Summary of Regulations
Explosives
Subpart E
Gases
Flammable
Liquids
Subpart F
Subpart G
Regulations concerning
forbidden explosives, loading and
and inspection, certfication and
routing of Class A, B, and C
explosives.
Rules for special handling of
compressed gas cylinders, tank
cars and poison gases.
Regulations concerning special
handling of cylinders, drums"
and trailers containing flam-
Flammable
Solids
Oxidizers
Poisonous
Materials
Radioactive
Materials
Subpart H
Subpart I
Subpart J
Subpart K
Corrosive
Materials
Subpart L
Regulations for special handling
of matches, fire damaged cotton,
charcoal, and poisonous flammable
solids.
Rules for handling nitrates,
permanganates and poisonous
oxidizers.
•*
Regulations for handling Poison
A materials, cleaning contamina-
ed cars and prohibition of
transporting poisons with food
stuffs.
Requirements for special handling
and cleanliness for low specific
activity radioactive yellow II
or III and fissile class III
materials.
Special handling requirements
for corrosive materials, storage
batteries and nitric acid.
- II(F) 3 -
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Except as provided in section 172.205, the proper shipping
paper/manifest must accompany any shipment of hazardous material/
waste offered for transportation by rail, and the papers must be
in the possession of one of the crew members aboard the transporting
train. A certificate may be required on the shipping paper/manifest
as indicated in section 172.204. These requirements do not
apply to materials/wastes offered for tansportation which
are classed as ORM - A,B,C or D.
In addition, each train crew that transports a hazardous
material/waste must have documents indicating the location of each
placarded hazardous material/waste on the train. A train manifest
may be used to meet this requirement and the DOT requires that this
document be transferred from crew to crew at all points of train and
engine crew exchange.
Special billing information is given in section 174.25. Each
waybill, switching ticket, or switching order must contain the same
descriptive information as required on the shipping paper/manifest of
a hazardous material/waste shipment. The carrier must also mark the
shipment as prescribed in section 174.25(a). Listed under this section
is the information required on the switching document when switching
operations occur. Specifically, any waybill, switching ticket, or
switching order must contain:
(1) The proper DOT shipping name and hazard class specified
for th_e jnaterial/waste in section 172.101; _
(2) The total quantity of hazardous material/waste;
(3) The shippers certification and signature specified in
section 172.204, except when a certfied bill of lading
is offered to the carrier(transporter);
(4) the placarded notation specified in either Table 1 or
2, as appropriate, in section 174.25(a);
(5) the letters "RQ" before or after the basic description
for any entry that is a hazardous substance.
In addition, waybills, switching tickets, and switching orders must
contain information identifying specifically which containers hold
hazardous materials/wastes along with a "placard endorsement" on the
waybill to draw attention to the dangerous nature of that
shipment. For empty, uncleaned tank cars previously containing
hazardous materials/wastes, the waybills must include the precau-
tionary wording which is specified in section 174.25 (example:
"EMPTY: Sulfuric acid, Corrosive material, UN 1830, Placarded:"
or "EMPTY: Last Contained Sulfuric acid, Corrosive material,
UN 1830, Placarded".
4 -
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Table F-2 Hazardous Materials That Should Not Be Transported
Together
Hazardous Material Code Hazardous Material
(see footnote) (See Code Explanation at Left)
a b c d e f g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Low Explosives or a X X XXXXXXX
Black Powder
High or Propellant b XX X X XXXXXXX
Explosives, Class A
Initiating or c XX XXXXXXXXXXXXXXXXXXX
Primary Explosives
Blasting Caps "d XXXX X XXXXXXX
Ammunition for e XXXX XXXXXXX
Explosive Projectiles
Explosive Projectiles f XX X X XXXXXXX
Detonating Fuzes, Class Ag XXXX X XXXXXXX
Ammunition for Cannon IX XX
and Rocket with
Projectiles
Propellant Explosives, 2 X XX
Class B
Fireworks, special or 3 XXXXXXX X
railway torpedoes
Small Arms Ammunition, 4 X
or cartridges
Primers 5 X
Percussion Fuzes, or 6 X
Tracers
Time,Combination, or 7 X
Detonating Fuzes, Class
C
Cordean Detenant Fuse, 8 X
Safety squibs, Fuse
lighters, Fuse igniters,
Delay electric igniters,
Electric squibs, Instan-
taneous fuse or igniter
cord
- II(F) 5 -
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Table F-2. continued
Hazardous Material Code Hazardous Material
(see footnote) {See Code Explanation at left)
a b c d e f g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Fireworks 9 XXXXXXX X
Flammable Liquids or 10 XXXXXXX X
Gases
Flammable Solids or 11 XXXXXXX XX
Oxidizers
Corrosive Materials 12 XXXXXXXXX X X
Nonflanmable Gases 13 XXXXXXX
Poisonous Gases or 14. XXXXXXXXXX XXXX
Liquids
Radioactive Materials 15 XXXXXXX
Blasting Agent ~16 X X
Letter X at intersection of horizontal and vertical columns shows
combinations that must not be loaded, stored or transported
together. For example, Corrosive Materials (12) should not be
loaded with Flammable Solids or Oxidizers (11).
Note: For exceptions and/or special provisions to these requirements, see Section
174.81 of the HOR.
- II(P) 6 -
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Section 174.25 also requires that whenever Explosive A
shipments are transported by rail, the carrier must:
(1) Make a record of the car, originating point,
carrier's name and date of the car certificate; and
(2) Inspect the blocking and bracing, and certify
compliance with the requirements of this part.
In the event of a hazardous material/waste incident, incident
reports are required under certain conditions. Section 171.15
requires each carrier to make a telephoned report to DOT — (800)
424-8802 when a hazardous material/waste incident occurs. Incidents
involving an etiologic agent must be reported by phone, instead,
to the Center for Disease Control, U.S. Public Health Service,
Atlanta, GA. — (404) 633-5313. A telephoned report must be made
after each incident in which:
(1) A person is killed;
(2) A person receives injuries requiring
his hospitalization;
(3) Estimated carrier or property damage
exceeds $50,000;
(4) Fire, breakage, spillage, or suspected
contamination occurs involving shipment
of radioactive material;
(5) Fire, breakage, spillage, or suspected
contamination occurs involving shipment
of etiologic agents; or
(6) A situation exists of such a nature that,
in the judgment of the carrier, it should
be reported in accordance with this section
even though it does not meet the criteria
of (I)/ (2), or (3) above; e.g., a continuing
danger of life exists at the scene of the
incident.
Each telephoned report must include the following:
(1) Name of reporter;
(2) Name and address of carrier(transporter)
represented by reporter;
- II(F) 7 -
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(3) Phone number where reporter can be contacted;
(4) Date, time and location of incident;
(5) The extent of injuries;
(6) Classification, name, and quantity
of hazardous materials/wastes
involved, if such information is
available; and
(7) Type of incident and nature of hazardous
material/waste involvment and whether a
continuing danger exists at the scene.
In addition, Section 171.16 requires each carrier making
a report under section 171.15 to submit the same report in
writing on the DOT Form F 5800.1 to the Chief, Information
Systems Division, Transportation Programs Bureau, Department
of Transportation, Washington, D.C. 20590. This report must
be filed within 15 days of the date of the incident.
Section 171.17 applies to hazardous substance discharges
and requires in the event of a discharge, that the person
in charge of the vehicle make:
(1) a telephoned report to the U.S. Coast Guard -
National Response Center at (800)424-8802 or (202)426-2675
supplying : (1) the information required by §171.15,
(2) the name of the shipper of the substance, and (3) the
quantity of substance discharged, if known. The carrier shall
make this notification if the person in charge is incapacitated
or otherwise unable to notify. In addition, Part H of the required
report under §171.16 must include: (1) an estimate of the quantity
of substance unremoved from the scene and (2) the manner of
disposition of any removed substance.
Leaking packages of hazardous materials/wastes, other
than tank cars, may not be forwarded for transportation until
the packages are repaired or reconditioned. However, leaking or
defective packages may be overpacked in DOT specification
drums that are:
(1) Compatible with the leaking material/waste;
(2) Provided with adequate closures; and
(3) When appropriate, provided with sufficient
cushioning and absorption materials.
- II(F) 8 -
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A non-DOT specification drum may be used provided that it
does not exceed a 110-gallon capacity and provides equal or
better protection to the environment than the drums normally
required by DOT. The carrier has the option to forward the
shipment to its destination or return it to the shipper for
disposal or repacking.
Actions which should be taken when leaking tank cars
are discovered are stated in section 174.50. In general, the
section requires that:
(1) leaking tank cars should not be unnecessarily
moved until corrected; and
(2) leaking tank cars must be protected against
ignition.
In addition, this section addresses special marking, removal
and moving requirements. Tank cars with small leaks may
continue in transit if actions are taken to prevent the
leak from spreading. For other pertinent regulations on
spill incidents and leaking containers during transport by
rail, see Table F-3.
Table F-3 Pertinent Rail Spill Incident Regulations
Topic
49 CFR
Section
Subject
Disposition of 174.103
damaged
shipments
Poison A shipped 174.290
by, for, or to
the Department
of Defense
Incidents 174.750
involving leak-
age of radio-
active material
Regulations with regard to handling,
repackaging, disposition, and
inspection of damaged materials.
Leaking contain-er requirements for
the shipment of Poison A.
Regulations with regard to 171.15
and 171.16, notification of the
shipper, use, and service restric-
tions, segregation of materials,
and assistance procedures.
With regard to the regulations concerning transporters
of hazardous wastes, EPA has adpoted certain DOT regulations
governing the rail and bulk water transportation of hazardous
materials. These regulations were adopted to ensure consistency
- II(F) 9 -
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with the DOT requirements of 49 CFR Parts 171 through 179.
This avoids the establishment of duplicative and conflicting
requirements between the agencies with respect to hazardous
waste transportation.
In 40 CFR 263, the EPA established requirements for
transportation of hazardous waste by rail. These requirements
were adopted, in recognition of rail transporters' computerized
tracking and information systems, to maJce the practical
operation of the manifest system possible without substantially
reducing protection to human health and the environment.
The EPA does not require rail transporters to send the manifest
directly with a waste shipment. The manifest requirements
for shipments involving rail transportation are listed in
§263.20(f).
- II(F) 10 -
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2. By Aircraft (Part 175)
This part of the HMTR pertains to hazardous materials/
wastes transported by aircraft. Section 175.30 specifies the
general conditions for which a hazardous material/waste may
be accepted for transportation by this mode. It states that
no person may accept a hazardous material/waste for trans-
portation by aircraft, unless the hazardous material/waste is:
(1) Either authorized or within the quantity
limitation specified for aircrafts according
to column (6) of the Hazardous Materials Table
in 172.101;
(2) Described and certified on a shipping paper
or manifest, as appropriate;
(3) Labeled and marked, or placarded (when
required) in accordance with the requirements
of section 172.300 - 172.558; and
(4) Labeled with the "CARGO AIRCRAFT ONLY" label,
if the material/waste is not permitted aboard
passenger-carrying aircrafts as specified in
column (6) of the Hazardous Materials Table
of 172.101.
In addition, each ope~ra~t6r of an aircraft must inspect all -
packages and outside containers carrying a hazardous material/
waste to verify that they are packaged in accordance with
the packaging requirements prescribed for that material/waste
in section 173 of the HMTR. A package or container may
not be accepted by a carrier if it has holes, is leaking
or otherwise damaged. In the event that a package has been
damaged or is leaking, section 175.90 requires that it must
be removed from the aircraft. The general requirements of
section 175.30 , however, allow materials/wastes classed as
ORM-D which are packed in freight containers and offered
for transport by one consignor to be excluded from the foregoing
requirements.
Section 175.45 requires an aircraft operator to report to
the nearest Air Carrier District Office (ACDO), Flights Standards
District Office (FSDO), General Aviation District Office (GADO),
or other Federal Aviation Administration (FAA) facility when a
hazardous materials/ waste incident occurs. The operator must
notify by telephone one of the foregoing officers at the earliest
practicable moment following an incident in which any hazardous
material/ waste causes or may cause injury to human health or
property damage. Incidents involving the shipment of etiologic
- II(F) 11 -
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agents require an alternative report which should be telephoned
directly to the Director/ Center for Disease Control/ U.S. Public
Health Service, Atlanta, Georgia, (404) 633-5313.
The aircraft operator is also required to submit in duplicate, a
report on DOT Form 5800.1 within 15 days of the date of discovery of
each incident. The report should be sent to the Chief, Information
Systems Division, Transportation Programs Bureau, Department of
Transportation, Washington, D.C., 20590, with a separate copy to the
FAA facility indicated above (49 CFR 175.45(a)).
Section 175.75 governs the quantity of a hazardous material/
waste that is permitted to be carried aboard an aircraft. Not more
than 50 Ibs. (net weight) of hazardous material/waste and 150 Ibs. of
non-flammable compressed gas may be carried aboard a passenger-
carrying aircraft, freight container within an accessible cargo
compartment, or accessible cargo compartment in a cargo-only aircraft.
There is no limit to~ the number of packages of ORM materials/wastes
permitted aboard an aircraft for transport. Excepted from these
regulations are hazardous materials/wastes that are permitted
in Part 172 of the HMTR. Table F-4 gives a summary of some
other regulations addressed under this part of the HMTR.
Table F-4 Regulations governing Transportation by Aircraft
Topic •49 CFRSummary
Section
Purpose and Scope 175.1 Requirements for
aircraft operators
Exceptions 175.10 Items not subject
to these regulations
Compliance 175.20 Responsibility of
operator to comply
with the HMTR
Shipping papers 175.35 Required documents
for transporting
Labels 175.40 Keeping and replacing
of labels
Compatibility of 175.78 Requirments for stowage
cargo compatibilty
Orientation of 175.79 Cargo orientation
cargo requirements for
loading and storage
- II(F) 12 -
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Table F-4 continued,
Topic
49CFR
Section
summary
Cargo location
Self-propelled
vehicles
Small passenger-
carrying aircraft
Cargo-only aircraft
Poisons
ORM
Radioactive materials
175.85
175.305
175.310
175.320
175.630
175.640
175.700
Requirements for
location of cargo in
aircraft
Requirements for
drainage,fuel tank,
and ventilation
Requirements for
transportation of
flammable liquid fuel
Conditions requiring
transportation as such
Special requirements
for transporting
Special requirements
for transporting
Asbestos
Regulations regarding
stowage,incidents,
quantity and prohi-
bition conditions.
- II(F) 13 -
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3. By Vessel (Part 176)
Transportation of hazardous materials/wastes by vessel
is governed by Titles 46 and 49 of the CFR. A vessel must
meet the federal requirements for design and condition, and
operate in accordance with 49 CFR 176 before it can trans-
port a shipment of hazardous material/waste. Included under this
section of the HMTR are those regulations governing:
(1) Operating requirements;
(2) Handling and stowage requirements
(including segregation);
(3) Detailed requirements for specific
hazardous materials/wastes; and
(4) Requirements for spill response.
There are four pertinent operating requirements for
carriage of hazardous materials/wastes by vessel:
(1) Shipping paper/manifest;
(2) Certification;
(3) Inspection; and
(4) Segregation.
Shipments of hazardous materials/wastes being transported by
vessel must be accompanied by the proper shipping paper/
manifest. The proper DOT shipping name, the hazard classifi-
cation, and the total quantity of the material/waste being
shipped must appear on the paper, in addition to the information
required in 49 CFR 172.202 and 172.203 (see section D of this
manual). A certificate prepared in accordance with 172.204
must also accompany a hazardous material/waste shipment
transported by vessel. This certificate verifies that the
hazardous material/waste has been properly prepared for transport
according to DOT regulations.
Section 176.83 lists the specific stowage and separation
constraints for hazardous materials/wastes accepted for
transport aboard a vessel. Table F-5 specifies the categories of
explosives not permitted to be stowed together and Table F-6
lists the minimum separation requirements that apply with
the exception of ferry vessels. After proper stowage, periodic
inspections must be conducted to ensure that the cargo is
in safe condition and that there is no damage to any of the
packages.
- II(F) 14 -
-------
Table F-5 Restrictions on Stowage of Hazardous Materials
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Class A Explosives
1 Low explosives or X X X
black powder
2 High explosives, X X X X X
Class A
3 Initiating or XX XXXXXXXXXXXXX
primary explosives
4 Blasting caps X X X X X X
5 Ammunition for X X X X X
explosive projectiles
6 Explosive projectiles X X X X X
7 Detonating fuzes, X X X X X X
Class A
_,_ _ * ^_ _
Class B Explosives
8 Ammunition for cannon X
or rocket with empty,
inert-loaded or solid
projectiles, or without
projectiles
9 Propellant Explosives, X
Class B
10 Fireworks, special or XXXXXXX
railway torpedoes
Class C Explosives
11 Small Arms X
ammunition
12 Primers X
13 Percussion fuzes, X
or tracers
- II(F) 15 -
-------
Table F-5. continued
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
14 Time, combination,
or detonating fuzes,
Class C
15 Cordean detenant fuse,
safety squibs, fuse
lighters, fuse igniters,
delay electric igniters,
electric squibs, instan-
taneous fuse or igniter
cord
16 Fireworks, highway or
railway fuses
17 Blasting agent, no
18 Ammonium nitrate-
fuel oil mixtures
X X X X X X X
x •
X
X
X
Table F-6 Separation Requirements for Stowage of Hazardous Materials
t(A| 1(8) 1(Q 2uuAB(.E OQU'^ESSED GASPS . -
Fl*>iuA£LF jifl CO"Bl.reT18LE LlQWDS .,,, _ .,
PLAUUABI,?, $OfO?
FLAMMABLE souos LABELED SPONTANEOUSLY COMBUSTI.
01 f
FLAMMABLE souos LABELED DANGEROUS w*-*^ WET
o«pi7««s
CM^AM*; P«o*tnf S
CLASS A »O
-------
The symbols used in Table F-6 mean the following:
(1) "1" - Away from — means effectively segregated so that
materials may not interact dangerously
in the event of an accident.
(2) "2" - Separated from — means in separate holds when stowed
"under deck". For "on deck" stowage,
"away from" segregation is authorized.
(3) "3" - Separatd by a complete cargo compartment or hold from.
(4) «4« _ Separated longitudinally by an intervening complete
cargo compartment or hold from.
(5) "0" - No general segregation specified; individual entries
in the Hazardous Material Table in 172.101 of the
HMTR should be consulted.
(6) "*" - Consult Table F-5 of this section for segregation
requirements between different explosives.
The general handling and stowage regulations for
vessels concern materials/wastes shipped in either bulk or
containers, and also those materials/wastes being transported
within another vehicle .aboard the vessel. There are further
requirements for the preparation of the vessel prior to the"
loading of hazardous materials/wastes, for supervision during
the loading and stowage of the shipment, for stowage and
for the use of power-operated industrial equipment on board
the vessel when loading or unloading. In addition, the
regulations have detailed requirements specifically for the
shipment of certain hazardous materials/wastes. These regu-
lations pertain to the general procedures for operation,
handling and stowage, and obtainment and use of permits to
transport hazardous materials/ wastes. The various - sections
addressed under this part are listed in Table F-7 (next page).
It should be noted that the general handling and stowage
requirements, and the operating requirements work in conjunc-
tion with each other and thus, must be observed accordingly.
- II(F) 17 -
-------
Table F-7 Summary of Special Regulations for Transporting Hazardous
Materials/Wastes by Vessel
Topic
49 CFR
Part 176
Summary of Contents
Ferry vessels carrying
vehicles loaded with
hazardous materials
Barges
Explosives
Compressed Gases
Flammable and
Combustible Liquids
Flammable solids,
oxidizers, organic
peroxides and blasting
Poisons and Irritating
materials
Radioactive materials
Corrosive materials
ORM
Subpart E
Subpart F
Subpart G
Subpart H
Subpart I
Subpart J
Subpart L
Subpart M
Subpart N
Subpart 0
Regulations pertaining
to control,handling and
special equipment
Detailed requirements
for stowage, special
permits and construction
Detailed requirements
Detailed stowage
requirements; warning
signs
Detailed requirements for
stowage,fire protection,
use of flashlights,
transportation and ..
Detailed requirements for
stowage, special permits
and transportation and
warning signs
Detailed requirements
for stowage; care for
certain leaking or
sifting items
Detailed requirements
for stowage, leaking
or sifting, and con-
tamination control
Detailed stowage
requirements
Detailed stowage
requirements for certain
materials; special
requirements for
mechanical equipment
- II(P) 18 -
-------
According to Title 49, the regulations governing emergency
situations require the master of the transporting vessel to provide
for its safe operation. In the event of an accident resulting in
damaged packages or emergency use of unauthorized packages, the
operator Of the vessel must notify the nearest Captain of the Port,
U.S. Coast Guard for further instruction. If hazardous materials/
wastes are jettisoned or lost, the master of the vessel must then
notify the nearest Captain of the Port and the Commandant (GMHM), as
soon as possible regarding:
(1) The location of the material/waste;
(2) The quantity; and
(3) The type of material/waste.
The U.S. Coast Guard is currently ammending their Title 46
regulations to include regulations for transportation of hazardous
wastes in bulk. Once these regulations are approved, transporters
carrying hazardous wastes will be required to adhere to these
requirements.
EPA regulations under Title 40 Part 263 also govern bulk water
shipments. These regulations state that the manifest need not accompany
a hazardous waste shipment. The shipper (generator) may send the
manifest directly to the treatment, storage, or disposal facility,
if:
(1) The material is delivered by water (bulk shipment) to
the designated facility; and
(2) The shipping paper accompanying the shipment contains
all the information required on the manifest, except
EPA ID number, generator certication and signature; and
(3) The delivering transporter has the owner or
operator of the designated facility to sign
and date the delivery of the shipment on the
manifest or shipping paper; and
(4) The person delivering the shipment to the initial
transporter obtains the date of delivery and
signature of the water(bulk shipment) transporter
on the manifest and forwards it to the designated
facility; and
(5).Each vessel transporter retains a copy of the
shipping paper or manifest for 3 years from the
date the shipment was accepted by the initial
transporter.
- II(F) 19 -
-------
4. By Highway (Part 177)
The trucking industry is governed by various parts of
DOT. The Motor Carrier Safety Regulations (MCSR-49 CFR Part
397) and the Hazardous Materials Transportation Regulations
(HMTR-49 CFR Part 177) are the principle safety regulations
that apply to the transportation of hazardous materials/wastes
via highway. The Motor Carrier Safety Regulations govern
those aspects of transportation concerning in transit operation.
Included under Subpart A of Part 173 are requirements for:
(1) Compliance with Federal Motor Carrier Safety
Regulations (FMCSR);
(2) State and local laws, ordinances, and
regulations;
(3) Attendance and surveillance of motor vehicles;
(4) Parking;
(5) Routes;
(6) Fires;
(7) Smoking;
(8) Fueling;
(9) Tires;
(10) Instructions and documents; and
(11) Marking of vehicles operated by private
carriers.
According to the HMTR under 49 CFR Part 177, motor
carriers may accept for transportation only those shipments
prepared in accordance with the marking, labeling and placarding
requirements under 49 CFR Part 172. Shipments to continue
onto another mode must meet the applicable regulation standards
for the mode(s) by which they are to be transported. For example,
a shipment initially being transported by highway that will
continue via vessel must meet the appropriate marking, labeling
and packaging provisions before it is accepted for transpor-
tation by vessel. Shipments of hazardous materials (except
hazardous waste) offered by the Department of Defense (DOD)
are excluded from these regulations provided that:
(1) The hazardous materials are packaged, including
limitations of weight, in accordance with the
regulations of this section; or
- II(P) 20 -
-------
(2) in containers that provide equal or greater
strength and efficiency as required by DOD
regulations.
Radioactive materials shipped by or under the U.S. Depart-
ment of Energy (DOE) or DOD, for the purposes of national
security, are exempt from the requirements under 49 CFR
170-189. However, these shipments must be accompanied by
personnel specifically designated or under authority of
those agencies. Packages properly shipped and marked as
"Limited Quantity" when authorized under column 5(a) of the
Hazardous Materials Table, are excepted from required
labeling and general packaging specifications under 5(b)
of the Hazardous Materials Table.
The regulations under this part of the HMTR also require
that:
(1) The proper shipping paper/manifest be readily
available and recognizable in case of an
accident (49 CFR 177.817);
(2) Retesting and inspection of cargo tanks
be carried out by a responsible and
experienced inspector (49 CFR 177.824); and
(3) A certificate of manufacture or retest of
cargo tank vehicles be on file at the principle
company (49 CFR 177.814).
For-hire passenger carrying motor vehicles are not generally
permitted to carry materials labeled as hazardous according
to Part 172. Exceptions to this rule are:
(1) Emergency shipments of hazardous materials/
wastes such as small-arms ammunition/ drugs,
chemicals, hospital supplies, and war munitions
accompanied by the armed service; and
(2) Limited quantities of hazardous materials/
wastes weighting not more than 100 Ibs.
(gross weight) for a given hazardous class,
or 500 Ibs aggregate.
In addition, no explosive shipment weighting more than 100
Ibs. (gross weight) permitted to be transported by rail may
be transported aboard a passenger-carrying vehicle except
under the condition stated in 49 CFR 177.870(d). Under this
section, motor carriers are not authorized to carry liquid
or paranitraniline Class A,B, or C poisons aboard a passenger-
carrying vehicle. A non-liquid Class B poison may be carried
- II(F) 21 -
-------
aboard, however, provided that the aggregrate gross weight of
the shipment does not exceed 100 lbs.(49 CFR 177.870)
Subpart B of Part 177 specifies several general
requirements for the loading and unloading of hazardous
materials/wastes:
(1) Any tank, barrel, drum, cylinder or other
loose package must be secured against move-
ment within the vehicle;
(2) Smoking is not permitted while loading or
unloading flammable, explosive or oxidizing
materials;
(3) A pole trailer may not be used to transport
hazardous materials;
(4) The handbrake must be set;
(5) Do not use any handling tool that will damage
the package;
(6) Containers must be loaded in such a way that
there is no motion between them;
(7) Care must be taken to prevent "undue rise in
temperature of containers" while in transit;
(8) Attendance by a qualified person is mandatory
while loading and unloading a cargo tank with
hazardous material. A qualified person is one
who is aware of the nature of the hazardous
material, has been instructed in emergency
procedures and is authorized and capable of
moving the cargo tank;
(9) Flammable solids, oxidizing materials or
corrosive liquids must be loaded so that
they can be readily removed; and
(10) When transporting flammable materials, only
DOT authorized cargo heaters may be used and
the restrictions on such devices must be
observed.
In addition, the specific regulations for several of the
hazard classes are found in Table F-8( next page).
- II(F) 22 -
-------
Table F-8 Hazard Class Loading and Unloading Requirements
Hazard Class
49 CFR
Section
Summary
Forbidden (or limited
for transportation)
Explosive
A, B, C
Non-Explosives
Flammable
Liquid
Flammable
Solids &
Oxidizer
Corrosive
Liquid
Compressed
Gases
Poison A
Radioactive
Material
-see Table 173.389(j)
ORM
177.821
177.835
177.836
177.837
177.838
177.839
177.840
177.841
177.842
177.844
Items not acceptable
for transportation,
damaged packages
Stop engine; use special
care and handling
Containment restriction
Ground containers when
transferring liquids;
stop engine; close all
manholes and valves
Ship completely enclosed
in vehicle body; provide
adequate ventilation;
block and bra.ce pacakages
containing matches
Do not stack in trailers;
protect batteries from
falling or shorting
Cylinders must be shipped
and stored on flat surface,
lashed properly; tank-
trucks' - stop engine while
loading and unloading; gas
mask must be available in
tank trucks carrying
chlorine
No Class A poisons can be
shipped in bulk in cargo
tanks
Trucks must be surveyed for
radioactivity after use. No
loads to exceed Index 50
Loading and transport requi-
rements for Asbestos
- II(F) 23 -
-------
Some hazardous materials/wastes may not be loaded, transported,
or stored together aboard motor vehicle. Table F-9 (next page)
is a summary of the restrictions that appear in section 177.848.
This section should not be so construed as to forbid the carrying
of materials essential to the safe operation of the vehicle
(see MCSR:Part 393 of Title 49). For instance, batteries tires,
or heaters are not subject to the requirements under section
177.848 provided that the material is not inconsistent with or
prohibited by Parts 390-397 of the HMTR.
Leaking container and spill incidents involving the
shipment of hazardous materials/wastes by highway are
regulated under the provisions of 49 CFR, Section 177.807,
which reguires the transporter to comply with the Incident
Reporting requirements of sections 171.15,171.16 & 171.17.
The procedures for handling broken or leaking packages, and
disabled vehicles are specified in Section 177.854. This
section of the regulations addresses the procedural require-
ments pertaining to:.
(1) Care of lading hazardous materials/wastes;
(2) Disposition of broken or leaking containers
in transit;
(3) Repairing and overpacking packages, and their
transportation thereof;
(4) Disposition of unsafe-broken packages;
(5) Stopped vehicles and other dangerous articles;
(6) Repair and maintenance of vehicles containing
certain hazardous materials; and
(7) Repair (of vehicle) with flame.
Other pertinent regulations on spill incidents and leaking
containers during transport by motor vehicle are shown
in Table F-10 (see page - II(F) 26 -).
- II(P) 24 -
-------
Table F-9 Hazardous Materials That Should Not Be Loaded,
Transported or Stored Together
Hazardous Material
(see footnote)
Low Explosives, Blade
Powder
Exlposive, Class A
Initiating or Primary
Explosives
Blasting Caps
Ammunition
Ammunition for
Cannon, Propellant
Explosive
Fireworks
Small Arms Anmunition,
Primers, Fuses
Fireworks, Flammable
Liquid
Flammable Solid
Corrosive Liquid
Non-Flammable Gas
Poison Gases
Ra3ioactive Material
Code
1
2
3
4'
5
6
1
8
9
10
11
12
13
14
(See
1 2
X X
X
X X
X X
X X
X X
X X
X X
X X
Hazardous Material
Code Explanation on Left)
3 4 5 6 7 8 9 10 11 12 13 14
X X XXXXXX
XX XXXXXX
XXXXXX X X X X X
X X X XXXXXX
XXXXXX
X XX
XXX _ X
X
XXX X
X X X X X X
X X X X X X
XXX
XXXXX XXX
XXX
Note: For exceptions and/or special provisions to these requirements, see Section
177.848 of the HMTR.
- II(F) 25 -
-------
Table F-10 Pertinent Hazardous Material Spill Incident Regulations
Topic
49 CFR
Section
Subject
Accidents; Explosives
177.855
Accidents; Flammable
Liquids
Accidents; Flammable
Solids and Oxidizing
Materials
Accidents; Corrosive.
Materials
Accidents; Compressed
Gases
Accidents or Leakage;
Poisons
Accidents; Radioactive
Materials
177.856
177.857
177.858
177.859
177.860
177.861
Regulations with regard
to warnings, handlings,
repairs, and disposition
of spilled or leaking
explosives
Regulations on control
of spectators, control
of spread of leakage,
and transfer or further
transport of the material.
Regulations with regard
to warnings, reloading,
and disposition of spilled
or leaking materials
Regulations with regard
to the handling of dam-
aged lading, and leaking
cargo tanks
Regulations with regard
to warnings, transfer of
material, and precaution-
ary measures
Regulations associated
with warnings, leakage,
and leaking cargo tanks
Regulations with regard
to 171.15 and 171.16,
notification of the
shipper, use and service
restrictions, and clean-
ing procedures
- II(F) 26 -
-------
III. Conclusions
As stated at the opening of this Manual, a considerable portion
of the EPA pretransportation requirements and standards for hazardous
waste generators reference the DOT Hazardous Materials Transportation
Regulations. In order to fully understand these EPA requirements and
assure that EPA regulated hazardous wastes are transported properly,
it has been necessary to discuss in detail the regulations set forth
by DOT for hazardous materials transportation.
In considering the HMTR, it has also been important to remember
that DOT views hazardous wastes as a subset of hazardous materials.
Thus, all DOT shipping requirements for hazardous materials are
equally applicable to hazardous wastes, unless special requirements
are specified by EPA or DOT. Both Agencies, however, have worked
together to assure that the two sets of regulations are coordinated
sufficiently to avoid overlap or conflict. In summarizing the combined
requirements of EPA and DOT for hazardous waste transportation, a
generator must:
(1) Determine that his waste is hazardous either because it is
an EPA listed hazardous waste, or because it is ignitable,
corrosive, reactive or toxic (40 CFR 261);
(2) Notify EPA of his hazardous waste activity and receive
an EPA identification number (40 CFR 262.12);
(3) Properly identify and classify the waste in terms of the
appropriate DOT nomenclature and hazard classification (49
CFR 172.101, 49 CFR 173);
(4) Properly package, mark and label the waste (40 CFR 262.32(b),
49 CFR 172.101, 49 CFR 172.300-.330, 49 CFR 172.400-.450,
49 CFR 173);
(5) Complete a hazardous waste manifest with .the appropriate
number of copies (40 CFR 262.20-.23);
(6) Certify that the waste shipment meets all of the pre-
transportation requirements under DOT and EPA (40 CFR
262.2Kb);
(7) Provide appropriate placards to the transporter, or
affix the placards if movement is by rail (49 CFR
172.500-.558);
(8) Determine if the shipment is prohibited from certain
modes of transportation, or if additional shipping
requirements must be satisfied for the mode of trans-
portation used (49 CFR 172.101, 49 CFR 174 - 177);
- Ill (1) -
-------
(9) Make certain that the transporter and the designated
treatment, storage or disposal facility have an EPA
identification number (40 CFR 262.12(c)); and
(10) Comply with EPA recordkeeping and reporting require-
ments (40 CFR 262.40-.43)
A transporter must:
(1) Notify EPA that he is a transporter of hazardous
wastes and receive an EPA identification number
(40 CFR 263.11);
(2) Verify that the shipment of hazardous waste has been
properly identified, packaged, marked and labeled
and that no packages are leaking or damaged
(Rail: 49 CFR 174.3; Air: 49 CFR 175.3; Vessel: 49 CFR
176.3; Highway: 49 CFR 177.801);
(3) Sign the manifest (40 CFR 263.20(b));
(4) Apply the appropriate placards to the vehicle
(49 CFR 172.506)
(5) Carry the manifest in accordance with 40 CFR 263.20,
49 CFR 174.24, 49 CFR 175.35, 49 CFR 176.24, 49 CFR 177.817;
(6) Obtain a handwritten signature from the next trans-
porter, or the owner/operator of the designated treatment,
storage or disposal facility (40 CFR 263.20(d));
(7) Comply with EPA recordkeeping and reporting requirements
(40 CFR 263.22);
(8) Take appropriate immediate action in the event of a hazardous
waste incident and satisfy all DOT incident reporting
requirements (40 CFR 263.30, 49 CFR 171.15-.16-.17).
Enforcement of these regulations will also be the dual
responsibility of DOT and EPA. Thus, certain important steps
have already been initiated by each Agency to help unravel this
complex and highly interrelated field. On July 3, 1980 both DOT
and EPA finalized a Memorandum of Understanding (MOU) which
delineated the enforcement responsibilities of the EPA and DOT
Agency regarding the transportation of hazardous wastes. The MOU
authorizes EPA to:
0 Conduct an on-going program to monitor the compliance
of generators of hazardous waste and hazardous waste
management facilities with the RCRA regulations.
- 111(2) -
-------
8 Bring enforcement actions involving hazardous waste
transporters where the transportation is ancillary
to treatment, storage or disposal of hazardous waste
or other activities normally under the jurisdiction
of the EPA. For example, a "midnight dumper" will be
considered an illegal disposer. The fact that the
"dumper" is transporting the waste is ancillary to
the disposal of the waste and EPA will bring appro-
priate enforcement action against him.
0 Provide DOT with current lists of all hazardous waste
transporters who have notified EPA as required in
Section 3010 of RCRA.
0 Investigate reports from DOT which give EPA cause to
suspect that a violation of RCRA has occurred and,
where warranted, initiate appropriate regulatory or
enforcement action under RCRA.
0 Bring enforcement actions to address hazardous waste
activities which may present an "imminent and substantial
endangerment to health and the environment" as those
words are used and administered by EPA (Section 7003 of
RCRA and Section 504 of the Clean Water Act.)
The MOU also authorizes_the DOT to:
0 Conduct an on-going program of inspections of transporters
and shippers of hazardous waste to monitor their compliance
with HMTR.
0 Investigate reports from EPA which give DOT cause to
suspect that a violation of HMTA has occurred and,
where warranted, initiate appropriate regulatory or
enforcement action under HMTA.
In addition to outlining the foregoing responsibilities,
the MOU requires each Agency to exchange pertinent information
and reports, coordinate investigations and enforcement actions,
maintain a close working relationship and assign liason represen-
tatives to offices at the regional and central levels.
- Ill (3) -
-------
APPENDIX I
DOT Definitions
"Carrier" means a person engaged in the tranportation of passengers
or property by:
(1) Land or water/ as a common, contract, or private
carrier, or
(2) Civil aircraft.
"Hazardous material" means a substance or material which has been
determined by the Secretary of Transportation to be capable of
posing an unreasonable risk to health, safety, and property when
transported in commerce, and which has been so designated.
"Hazardous substance" for transportation purposes, means a material,
and its mixtures or solutions, that is identified by the letter "E"
in Column 2 of the Hazradous Materials Table to Sec. 172.101 when
offered for transportation in one package, or in one transport
vehicle if. not packaged, and when the quantity of the material therein
equals or exceeds the reportable quantity (RQ).
"Hazardous waste" for transportation purposes, means any material
that is subject to the hazardous waste manifest requirements of the
EPA specified in CFR, Title 40, Part 262 or would be suject to these
requirements absent -an. interim authorization -to a state under CFR,-
Title 40, Part 123, Subpart F.
"Limited Quantity", when specified as such in section applicable
to a particular material with the exception of Poison B materials,
means the maximum amount of a hazardous material for which there
are specific labeling and packaging exception.
"Marking" means applying the descriptive name, instructions,
cautions, weight or specification marks or combination thereof
required by this subchapter to be placed upon outside containers
of hazardous materials.
"Mixture" means a material composed of more than one chemical
compound or element.
"MTB" means the Materials Transportation Bureau, U.S. Department
of Transportation, Washington, D.C. 20590.
"N.O.S." means Not Otherwise Specified. Other abbreviations
used in this context are N.O.I. (Not Otherwise Indexed) and
N.O.I.B.N. (Not Otherwise Indexed By Name).
"NRC(non-reusable container)" means a container whose reuse is
restricted in accordance with the provisions of section 173.28
of the HMTR.
- IV (1) -
-------
"Operator" means a person who controls the use of an aircraft,
vessel/ or vehicle.
"ORM" means Other Regulated Materials.
"Packaging" means the assembly of one or more containers and any
other components necessary to assure compliance with the minimum
packaging requirements of this subchapter and includes containers
(other than freight containers or overpacks)/ portable tanks, cargo
tanks, tank cars, and multi-unit tank car tanks.
"Proper shipping name" means the name of the hazardous material
shown in Roman print (not italics) in section 172.101 of the
HMTR.
"Shipping paper" means a shipping order, bill of lading, manifest
or other shipping document serving a similar purpose and containing
the information required by sections 172.202, 172.203 and 172.204
of the HMTR.
"STC(single-trip container)" means a container that may not be refil-
led and reshipped after having been previously emptied, except as
provided in section 173.28 of the HMTR.
'EPA Definitions
"Administrator" means the Administrator of the Environmental Protec-
tion Agency, or his_designee.
"Constituent" or "hazardous waste constituent" means a constituent
which caused the Administrator to list the hazardous waste in 40 CFR
Part 261, Subpart D, or a constituent listed in Table 1 of section
261.24 of this chapter.
"Container" means any portable device in which a material is stored,
transported, treated, disposed of, or otherwise handled.
"Designated facility" means a hazardous waste treatment, storage, or
disposal facility which has received an EPA permit (or a facility
with interim status) in accordance with the requirements of 40 CFR
Parts 122 and 124, or a permit from a State authorized in accordance
with Part 123 of this chapter, that has been designated on the
manifest by the generator pursuant to section 262.20.
"Discharge" or "hazardous waste discharge" means the accidental
or intentional spilling, leaking, pumping, pouring, emitting,
emptying, or dumping of hazardous waste into or on any land or
water.
"Facility" means all contiguous land, and structure, other appur-
tenances / and improvements on the land, used for treating, storing,
or disposing of hazardous waste. A facility may consist of several
treatment, storage, or disposal operational units (e.g., one or
more landfills, surface impoundments, or combinations of them).
- IV (2) -
-------
"Generator" means any person, by site, whose act or process
produces hazardous waste identified or listed in 40 CFR Part
261.
"Hazardous substance", according to the Clean Water Act section
311, means elements and compounds which, when discharged in any
quantity into or upon the navigable waters of the U.S. or adjoi-
ning shorelines or the waters of the contiguous zone, present an
imminent and substantial danger to the public health or welfare,
including, but not limited to, fish, shellfish, wildlife, shore-
lines, and beaches.
"Hazardous waste" means a hazardous waste as defined in 40 CFR
section 261.3.
"Manifest" means the shipping document originated and signed by
the generator which contains the information required by 40 CFR
Part 262, Subpart B.
"Movement" means that hazardous waste transported to a facility in
an individual vehicle.
"Operator" means the person responsible for the overall operation
of a facility.
"Owner" means the person who owns a facility or part of a facility.
"Person" means an individual, trust., firm, joint stock company,
federal agency, corporation (including a government corporation)
partnership, association, state, municipality, commission, political
subdivision of a state, or any interstate body.
"Solid waste" means a solid waste as defined in 40 CFR section
261.2.
"Storage" means the holding of hazardous waste for a temporary
period, at the end of which the hazardous waste is treated, disposed
of, or stored elsewhere.
"Transportation" means the movement of hazardous waste by air,
rail, highway, or water.
"Transporter" means a person engaged in the offsite transportation
of hazardous waste by air, rail, highway, or water.
"Water(bulk shipment)" means the bulk transportation of hazardous
waste which is loaded or carried on board a vessel without con-
tainers or labels.
- IV (3) -
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APPENDIX II
HAZARD CLASS
DEFINITIONS:
CLASS A
EXPLOSIVE
CLASS B
EXPLOSIVE
CLASS C
EXPLOSIVE
BLASTING
AGENT
An Explosive - Any chemical compound,
mixture,or device, the primary or
common purpose of which is to
function by explosion, i.e., with
substantially instantaneous release
of gas and heat, unless such compound,
mixture, or device is otherwise
specifically classified in Parts 1.70-189
(Sec. 173.50)
Detonating or otherwise of maximum hazard.
The nine (9) types of Class A explosives
are defined in §173.53.
Detonating or otherwise of maximum hazard.
The nine types of Class A explosive are
-defined in §173.53.
In general, function by rapid combustion
rather than detonation and include some
explosive devices such as special- fire- -
works, flash powders, etc.
Flammable hazard (§173.88)
A material designed for blasting which has
been tested in according with §173.114a(a))
COMBUSTIBLE
LIQUID
Any liquid having a flash point above
100* F. and below 200* F. as determined
by tests listed in §173.113(d). Exceptions
to this are found in §173 ."l!4(b).
CORROSIVE
MATERIAL
Any liquid or solid that causes visible
destruction of human skin tissue or a
liquid that has a severe corrosion rate on
steel. (See §173.240 (a) and (b) for details)
FLAMMABLE
LIQUID
Any liquid having a flash point below 100F.
as determined by tests listed in §173.115 (d).
Exceptions are listed in §173.115 (a).
Pyroforic Liquid - Any liquid that ignites
spontaneously in dry or moist air at or
below 130'P. (§173.11S(c))
Compressed Gas - Any material or mixture having
in the container a pressure exceeding 40 psi
- IV (4) -
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at 70*F., or a pressure exceeding 104 psia at
130*F.; or any liquid flammable material having
a vapor oressure exceeding 40 psia at 100'F.
§173.300~(a))
FLAMMABLE
GAS
Any compressed gas meeting the requirements for
lower fiammability limit range, flame projection,
or flame propagation criteria as specified
in §173.300(b). .
NONFLAMMABLE
GAS
Any compressed gas other than a flammable
gas.
FLAMMABLE
SOLID
Any solid material, other than an "explosive,
which is liable to cause fires through fric-
tion, retained heat from manufacturing or
processing, or which can be ignited readily
and when ignited burns so vigorously and
persistently as to create a serious trans-
portation hazard. (§173.150)
ORGANIC
PEROXIDE
An organic compound containing the bivalent
'-0-0 structure and which may be considered
a derivative of hydrogen peroxide where one
or more of the hydrogen atoms have been
replaced by organic radicals must be classed
as an organic peroxide unless—(See §173.151(a)
for details.).
OXIDIZER
A substance such as chl-orate, permanganate,
inorganic peroxide, or a nitrate, that yields
oxygen readily to stimule the combustion of
organic matter. (See §173.151)
POISON A
POISON B
Extremely Dangerous Poisons - Poisonous gases
or liquids of such nature that a very small
amount of the gas, or vapor of the liquid,
mixed with air is dangerous to life (§173.326)
Less'Dangerous poisons - Substances, liquids
or solids(including pastes and semi-solids),
other than Class A or Irritating materials,
which are Known to be so toxic to man as to
afford a hazard to health during transportation;
or which, in the absence of adequate data on
huma-n toxicity, are presumed to ber toxic to man.
(§173.343)
IRRITATING
MATERIAL
A liquid or solid substance which upon contact
with fire or when exposed to air gives off
dangerous or intensely irritating fumes, but
not including any poisonous material, Class A.
(§173.381)
- IV (5) -
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ETIOLOGIC
AGENT
An "etiologic agent" means a viable micro-
organism, or its toxin which causes or may
cause human disease. (§173.386) (Refer to the
Department of Health, Education and Welfare
Regulations, Title 42, CFR, §72.25(c) for
details.)
RADIOACTIVE
MATERIAL
Any material, or combination of materials,
that spontaneously emits ionizing radiation
and having a specific activity greater than
0.002 microcuries per gram. (§173.389)
NOTE: See §173.389(a) through (1) for details.
ORM-A
ORM-B
ORM-C
ORM-A, B or C (Other Regulated Materials)- Any
material that does not meet the definition of a
hazardous material, other than a combustible
liquid in packing having a capacity of 110
gallons or less, and specified in §172.101 as
ORM material or that possesses one or more
of the characteristics described in ORM-A
through E below. (See §173.500}
NOTE: An ORM with a flash point of 100F.
to 200*F./ when transported" with more than
110 gallons in one container shall be classed
as a combustible liquid. ,
A material which has an anesthetic, irritatin
noxious, toxic, or other similar property and
which can cause extreme annoyance or discom-
fort to passengers and crew in the event of
leakage during transportation. (§173.500(a)
(D)
A material (including a solid when wet with
water) capable of causing significant damage
to a transport vehicle or vessel from leakage
during transportation. Materials meeting one
or both of the following criteria are ORM-B
materials: (i) A liquid substance that has
a corrosion rate exceeding 0.250 inch per
year (IPY) on aluminum (nonclad 7075-T6) at
a test temperature of 130°F. An acceptable
test is described in NACE Standard TM-01-69,
and (ii) Specifically designated by name in
'§172.101. (§173.500 (a) (2))
A material which has other inherent charac-
teristics not described as an ORM-A or
ORM-B but which make it unsuitable for ship-
ment, unless property identified and prepared
for transportation. Each ORM-C material is
specifically named in §172.101. (§173.500
(a) (4)).
- IV (6) -
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ORM-D
ORM-E
A material such as a consumer commodity which,
though otherwise subject to the regulations
of this subchapter, presents a limited hazard
during transportation due to its form, quality
and packaging. They must be materials for which
exception are provided in §172.101. A shipping
description applicable to each ORM-D materials
is found in §172.101. ( §173 . 500(a)- (4)
A Material that is not included in any other
hazard class, but is subject to the regulations
of this subchapter, if it is a hazardous waste
or a hazardous substance, as they are defined
in §171.8. However, a material with a flash-
point of 100*F - 200 *F may not be'classed as
an ORM-E if it is a hazardous waste or offered
in a packaging having a rated capacity of more
than 110 gallons (§173.500(b) (5)}
THE FOLLOWING ARE OFFERED TO EXPLAIN ADDITIONAL TERMS USED IN PRE-
PARATION OF HAZARDOUS MATERIALS FOR SHIPMENT. (§171.8)
CONSUMER
COMMODITY
(See ORM-D}
^^ FLASH POINT
FORBIDDEN
SPONTANEOUSLY
COMBUSTIBLE
MATERIAL
(SOLID)
WATER REACTIVE
MATERIAL
(SOLID)
Means a material that is packaged or distributed
in a form intended and suitable for sale through
retail sales agencies or instrumentalities for
_ _ consumption by individuals for purpose of per-
sonal care or household use. This term also
includes drugs and medicines.
Means the minimum temperature at which a
substance gives off flammable vapors which in
contact with spark or flame will ignite.
(§173.115 and 173.150)
The hazardous material is one that must not be
offered or accented for transportation. "$172.io"0
(d))
Means a solid substance (including sludges and
pastes) which may undergo spontaneous heating
or self -ignition under conditions normally
incident to transportation or which may upon
contact with the atmosphere undergo an increase
in temperature and ignite.
Means any solid substance (including sludges and
pastes) which, by interaction with water, is
likely to- become spontaneously flammable or to
give off flammable or toxic gases in dangerous
quantities.
- IV (7) -
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-777"
DOT Hazardous Materials Warning
* Numbers in each square refer to (Illustration numbers), Tables 1 and 2
Cargo Tanks and
Portable Tanks
"i When a freight container, rail car or motor vehicle
contains two or more classes of hazardous materials
requiring different placards specified in TABLE 2, the
DANGEROUS placard may Be used m place of the
separate placards specified ror each ciass. Howeve'
2 When 5,000 pounds or more of one class of hazardous
material is loaded at one loading facility, the placard for
that class in TABLE 2 must be applied. •
as DTI Usa
Placard motor vehicles, freight containers, and rail
cars containing "any quantity" of hazardous
materials listed in TABLE 1.
Hazard Classes No.
Class A explosives 1
Class B explosives 2
Poison A 4
Flammable solid (DANGEROUS
WHEN WET label only) 12
Radioactive material (YELLOW III label) '6
Radioactive material:
Uranium hexafluoride, fissile (containing
more than 0.7 pet U z*s) 16,17
Uranium hexafluoride, low specific activity
(containing 0.7 pet or less U23S) T6,17
Placard motor vehicles and freight containers
containing 1,000 pounds or more gross weight
of hazardous materials classes listed in
Table 2
Placard any quantity of hazardous materials
classes listed in Tables 1 and 2 when offered
for transportation by air or water.
Placard rait cars containing any quantity of
hazardous materials classes listed in Table 2.
except when less than 1,000 pounds gross
weight of hazardous materials is transported
in TOFC (Trailer on flat car) or COFC (Container
on flat car) service.
Hazard Classes No.
Class C explosives 9
Blasting agent 3
Nonflammable gas 6
Nonflammable gas (Chlorine) 7
Nonflammable gas (Fluorine 15
Nonflammable gas
(Oxygen, pressurized liquid) 8
Flammable gas 5
Combustible liquid 10
Flammable liquid 9
Flammable solid 11
Oxidizer 13
Organic peroxide 14
Poison B 15
Corrosive material 17
Irritating material 18
CARGO AND PORTABLE TANKS
• Cargo tanks containing any quantity of
hazardous material must be placarded.
FREIGHT CONTAINERS
• Freight Containers (640 Cubic Feet or
More) - Placard each end and each side.
• Air or Water - Placard any quantity.
• Portable tanks having a rated capacity of
1,000 gallons or more must be placarded.
• Highway or Rail - Placard any quantity of
• Portable tanks having a rated capacity of hazardous material listed in Table 1 and 1,000
less than 1,000 gallons need be placarded pounds or more aggregate gross weight of
on only two opposite sides. hazardous material in Table 2.
OTHER PLACARDING REQUIREMENTS
• Chlorine, Combustible, Flammable, and
Oxygen Placards - Sec. 172.504, Table 2.
• Fuel Oil Placard - Sec. 172.544 (c).
• Empty Placard - Sec. 172.525.
• Gasoline Placard - Sec. 172.542(c)
- TV a -
Square Background for Rail Shipments -
Sec. 172.510(a)and 172.527(a).
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DOT Hazardous Materials Warning Labels
Poison A
Note: For use ii
addition to other \y
required labels.
*New Radioactive Materials Labels
Domestic \,
See note below
Magnetized
Material
Cargo Aircraft
Only
Each person who offers a hazardous material
for shipment must label the package containing
the material, if required, with the appropriate
label(s). (Sec. 17Z40Q (a))
Labels may be affixed to packages even though
not required by the regulations provided each
label represents a hazard of the material in the
package. (Sec. 172.401)
Exceptions to the labeling requirements for
limited quantities of certain hazardous
materials are specified in the regulations.
The number appearing at the bottom comer of
some labels represent the UN and IMCO hazard
class number. These are permitted, but not
required, by DOT regulations. (Sec. 172.407 (g»
Label(s), when required, must be affixed to or
printed on the surface of the package near the
marked proper shipping name. (Sea 172.406 (a))
When two or more different warning labels are
required, they must be displayed next to each
other. (Sec. 172.406 (c))
When two or more packages containing
compatible hazardous materials are packaged
within the same overpack, the outside container
must be labeled as required for each class of
material contained therein. (Sec. 172.404 (b))
, Packages containing a sample of a hazardous
material other than an explosive must be
labeled in accordance with the requirements of
Sec. 172.402 (h). (For Explosives, see Title 49,
CFR, Part 173, Subpart Q
1 A material classed as an Explosive A, Poison A,
or Radioactive material, that also meets the
definition of another hazard class, must be
labeled as required for each class. (Sec. 172.402
1Q Packages containing Radioactive material, that
also meets the definition of one or more
additional hazards, must be labeled as a Radio-
active material and for each additional hazard
on opposite sides of the package. (Sec. 172.403
(e)and(f))
" "; A material classed as an Oxidizer, Flammable
solid, or Flammable liquid, that also meets the
definition of a Poison B, must be labeled
POISON, in addition to the hazard class label.
(Sec. 172.402 (a) (3))
>2 A material classed as a Flammable solid, that
also meets the definition of a water reactive
material, must have both FLAMMABLE SOLID
and DANGEROUS WHEN WET labels affixed.
(Sec. 172.402 (a) (4))
NOTE: Printing Errors
RADIOACTIVE MATERIALS LABELS
|. Top portion of RADIOACTIVE I labei should
be white
Z Red bars on all labels should follow the word
RADIOACTIVE
fj For OXYGEN, the word "OXYGEN" may be
used in place of the word "OXIDIZER" on the
OXIDIZER label. (Sec. 172.405 (a)) For foreign
shipments, the NON-FLAMMABLE GAS label
may also be required.
-.. For CHLORINE, a CHLORINE label may also
used in place of the NON-FLAMMABLE GAS
and POISON labels. (Sec. 172.405 (b)) For
foreign shipments, the NON-FLAMMABLE G/
label may also be required.
New labels may be used in lieu of old
labels. After January 1, 1982, new
labels must be used.
These guidelines do not include all of the
DOT hazardous materials labeling and
placarding requirements. For details, refer
Title 49, Code of Federal Regulations,
Part 172.
£i^
U. S. DEPARTMENT OF TRANSPORT
RESEARCH AND SPECIAL PROGRAMS ADMINIS
MATERIALS TRANSPORTATION BUREAU
WASHINGTON. D.C. 20590
isrmffic
Chart 6
FEB 1980
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APPENDIX IV
DOT Shia-oina Pacer
DOT REQUIREMENTS;
Type('s) of Package (s)
Proper Shipping Name
Hazard Class and UN or NA
identification number
Total Quantity
DOT Certification
EPA Hazardous Was+<=- Manifest
DOT AND SPA REQUIREMENTS;
MANIFEST DOCUMENT NUMBER
NAME, ADDRESS, TELEPHONE
.NUMBER, AND EPA IDENTIFICA-
NUMBER OF: GENERATOR
FACILITY
Type(s) of Package(s)
Proper Shipping Name
Hazard Class and UN or NA
identification number
Total Quantity
EPA/DOT CERTIFICATION
NAME, ADDRESS AND EPA
IDENTIFICATION NUMBER OF
EACH TRANSPORTER
- IV (9) -
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Memorandum of Understanding
between the
Environmental Protection Agency
and the
Department of Transportation
I. PURPOSE
The purpose of this Memorandum of Understanding (MOU) is to
delineate the areas of responsibility of the Department of
Transportation (DOT) and the Environmental Protection Agency
(EPA) for the enforcement of standards applicable to the shipment
and transportation of hazardous waste. This MOU will also set
forth those areas of joint responsibility and cooperation between
the two Agencies.
II. STATUTORY BASIS
A. EPA and the Resource Conservation and Recovery Act of 1976
The Resource Conservation and Recovery Act of 1976 (RCRA) (42
. U.S.C. 6901 et. -seq.) in Section 3002 and Section 3003 requires
EPA to regulate generators and transporters of hazardous wastes to
protect human health_and the environment. This authority covers
both inter and intra-state transportation. The Act requires EPA ~
to promulgate standards concerning recordkeeping, reporting,
labeling, containers, compliance with the manifest system, and the
transportation of waste only to permitted facilites.
Section 3003 also requires the Administrator of EPA to ensure
that hazardous waste transportation regulations promulgated under
RCRA are consistent with those promulgated by DOT under the
.Hazardous Materials Transporation Act (HMTA). Furthermore, it
—provides the Administrator the authority to make recommendations
to the Secretary of Transportation respecting HMTA regulations and
for addition of materials to be covered under those regulations.
(40 CFR Parts 260-265.)
/
B. DOT and the Hazardous Materials Transportation Act
The Hazardous Materials Transportation Act (HMTA) (49 USC 1801
_ et. seq.) requires the Secretary of Transportation to promulgate
standards for the transportation of hazardous materials in
—commerce to protect public health and safety or property. "In
_commerce" extends to all activities which affect interstate —:
transportation. The HMTA regulations cover all modes of -
-transportation (highway, railroad, air and water) and require,
among other things, proper marking, containerization, storage,
shipping papers and placarding. (49 CFR Parts 170-179.)
- IV 10 -
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III. BACKGROUND
A. Regulatory Overlap
DOT and EPA are both promulgating regulations concerning
hazardous waste material transportation. The DOT regulations
require shippers of hazardous wastes, as defined by EPA, to comply
with both HMTA and RCRA regulations. This group includes wastes
which were previously designated hazardous materials. These
wastes must comply with the new DOT standards for hazardous waste
materials.
B. Areas of Individual Regulation
There are, however, areas over which only one or the other'
Agency has jurisdiction. One such area is the EPA requirement
that transporters clean up any discharges of hazardous waste which
they are carrying. DOT cannot incorporate such a requirement into
its regulations because it is beyond DOT's authority.
DOT, on the other hand, requires that certain safety features
be installed on all motor vehicles. EPA's authority does not
extend to such safety requirements, and they would not be included
in EPA's regulations.
IV. TERMS OF AGREEMENT
A. The Environmental-Protection Agency Will:.
1. Conduct an on-going program to monitor compliance of
generators of hazardous waste and hazardous waste management
facilities with the-RCRA regulations.
2. Bring enforcement actions, at times, involving hazardous
waste transporters where the transportation is ancillary to
treatment, storage'or disposal of -hazardous waste or other
"activities normally under the primary jurisdiction of EPA as
discussed in this MOU. (For example, a "midnight -dumper" will be
considered an illegal disposer. The fact that the "dumper" is
transporting the waste is ancillary to the disposal of the waste -
and EPA will bring appropriate enforcement action against him.)
3. Provide to the Bureau of Motor Carrier Safety (BMCS),
Federal Highway Administration's (FHWA) Washington Office, DOT on
a continuing basis, a list of all hazardous waste transporters
who have notified EPA pursuant to section 3010 of RCRA and their
identification numbers. —
- IV 11 -
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4. Immediately notify the BMCS, FHWA's Washington Office, DOT
of any possible violation of HMTA or regulations adopted there-
under of which .it is aware and provide that off ice..with'all
relevant information.
5. Investigate reports from DOT which give EPA cause to
suspect that a violation of RCRA has occurred and/ where
warranted, initiate appropriate regulatory or enforcement action
under RCRA.
6. 'Provide DOT with any information obtained during the
course of an EPA investigation which EPA believes may involve a
violation of HMTA.
7. Make available to BMCS, FHWA, DOT any reports, documents
or other evidence necessary to support an enforcement action under
HMTA which involves hazardous waste materials.
8. Make available to the Office of Hazardous Materials
Regulation, Materials Transportation Bureau, Research and Special
Programs Administration, DOT, any reports, documents or other
evidence necessary to support a regulatory action under HMTA which
involves hazardous waste materials.
9. Bring enforcement actions to address hazardous waste
activities which may present an "imminent and substantial
endangerment to health and the environment" as those words are
used in the statutes administered by EPA (such as §7003 of RCRA
and §504 of the Clean Water Act).
B. The Department of Transportation Will; - ~ -
1. Conduct an on-going program of inspections of trans-
porters and shippers of hazardous waste to monitor their
'compliance with HMTA regulations.
2. Immediately advise the appropriate EPA regional office of
any possible violation of RCRA;.or regulations adopted thereunder
.of which it is aware and provide that office with -all relevant
information.
3. Investigate reports from EPA which give DOT cause to
suspect that a violation of HMTA has occurred and, where
warranted, initiate appropriate regulatory or enforcement action
under HMTA.
4. Provide EPA with any information obtained during the
•course of a DOT investigation which DOT believes may involve a
violation of RCRA.
5. Make available to EPA any reports, documents or other
evidence necessary to support enforcement and regulatory actions
under RCRA which involve hazardous waste. . .
- IV 12 -
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C. Each Agency Will;
1. Presume that when information reveals a violation of both
CRA and HMTA, if DOT takes an enforcement action under HMTA, SPA
will not normally take such action. Conversely, if EPA takes an
enforcement action under RCRA, DOT will not normally take such
action. This does not, however, preclude either Agency from
initiating other legal sanctions in regard to that 'violation.
2. Coordinate investigations and enforcement actions
involving violations of both RCRA and HMTA to avoid duplication of
effort.
3. Maintain a close working relationship with the other, both
in Headquarters as well as in the field, including an exchange" of
information relative to the Agencies' planned hazardous waste
material compliance monitoring and enforcement activities.
4. Designate for the other Agency a Headquarters contact
point to whom communication regarding this agreement or matters
affected thereby may be referred for attention.
5. Assign regional liaisons between the Agencies, and provide
a mechanism by which regional contacts will be made and maintained
for the period of this agreement.
6. Issue and exchange with the other instructions and^
guidelines implementing this Memorandum of Understanding
identifying interagency contacts and liaison representatives, and
setting forth other pertinent operational procedures to be
followed relative to this agreement.
V. EFFECT
A. This Memorandum of Understanding is not intended to limit in
any way the statutory authority or jurisdiction of either Agency. —-
B. Nothing in this Memorandum of Understanding'modifies other
existing agreements^ or precludes either Agency from entering into
separate agreements 'setting forth procedures for special programs
which can be handled more efficiently and expeditiously by such
special agreement.
- 17-13 -
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C. This Memorandum of Understanding when accepted by both
Agencies shall continue in effect unless modified by mutual
written consent of both Agencies or terminated by either Agency
upon a thirty day written notice.
D. Any conflict arising &s a result of this Memorandum of
Understanding will be resolved,by EPA's Deputy Assistant
Adminstra-tor for Water Enforcement and DOT's Associate Director
for Operations and Enforcement, Materials Transportation Bureau,
Research and Special Programs Administration.
For the Environmental Protection Agency
Approved:
Dated;
For the Department of^Transportation
Approved:
l Golds
Secretary
idt
Dated;
This Memorandum of Understanding becomes effective on the date of
the final signature.
- IV 14 -
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BIBLIOGRAPHY
U.S. Department of Transportation. U.S. Code p_f Federal
Regulations, Title 49. Washington: U.S. Government
printing otfice, 1980.
U.S. Environmental Protection Agency. Federal Register/
Hazardous Waste and Consolidated Permit Regulations,
Washington: U.S. Government Printing Office, 1980.
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