vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
TITLE:
9463oOl(80)
Department of Transportations Role in the Transportation of
Hazardous Waste
APPROVAL DATE: 6-18-ao
EFFECTIVE DATE: 6-ia-ao
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
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{ j
[ ]
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A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
D- .In development or circulating
headquarters
REFERENCE (other documents):
OSWER OSWER OSWER
/£ DIRECTIVE DIRECTIVE Di
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PART 263 SUBPART C - HAZARDOUS WASTE DISCHARGE
9463.01(80)
Key Words:
Regulations '
Subject:
DOT Regulations, Transporters
49 CFR 171.16
Department of Transportations Role in the Transportation of
Hazardous Waste
Addressee: Region I
Originator:
Source Doc:
Date:
Summary:
Bruce Weddle, Deputy Director, State Programs and
Resource Recovery Division (WH-563)
#9463.01(80)
6-18-80
In the event of a hazardous waste spill during transit, a transporter must
submit a written report as required by 49 CFR 171.16 to the Associate Director
for Hazardous Materials Regulations at the Department of Trans port at ion <, DOT
will then provide copies of the Incident reports to Headquarters EPA. Implemen-
tation procedures will be addressed in the DOT/EPA Memorandum of Understanding.
The Bureau of Motor Carrier Safety (BMCS) is a part of the Federal Highway
Administration (FHWA) which is a part of DOT. BMCS's primary function is to
reduce fatalities, injuries and property damage, as well as increase public
safety in the highway transportation of hazardous materials. The BMCS and FHWA
field staff enforce the Federal Motor Carrier Safety Regulations pertaining to
the transportation of hazardous materials by the highway mode. The field
programs of BMCS are administered by FHWA's Regional offices.
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9463.01 (80)
Question* on DOT*a role in the Transportation
of Hazardous Waste
Bruce Weddle, Deputy Director
State Program* and Resource Recovery Division (WH-563)
Janet DeBiasio Hazardous Waste Section
Region I
The following are our responses to the questions you raise'!
in your memorandum of May 8, 1980 on the above subject!
Question
Since U.S. DOT is broadening its authority to control
intrastate commerce, who in DOT will be responsible for
inspection, compliance and enforcement of the federal transpor°
tation regulations in Region I?
•.*•
Answer
DOT's hazardous materials regulations will not apply to
intrastate motor carriers operating in a state which has
interim authorization. However, DOT'S regulations will be
o applicable to intrastate motor carriers when that State receives
* final authorization. In states where EPA is running the program,
• the DOT hazardous materials rules will apply beginning on
i November 20th (the effective date of those rules). DOT and EPh
*S are developing a plan for implementing the DOT/EPA Memorandum
J* of Understanding which will include intrastate inspect.ion,
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Answer
t.erna of iniragt.^te r rar.s.xirt nt ion, 'XT a;-eclf irall
in the pronulgahion ^n ..ay 22, I* ".3 tv.t the r»?ul;\t
.io not apply tc intraotatu r.:cter carriers in those states witv
interim authorisation. 7inal Authorization will only occur nt
thi* .it-it.** Loviil when state regulations arc onuivalont ho DO'7'
regulations, cor interstate transport* at ion, DOT arv'. rt»\ :»ay
it-et.' in *h«sn :*« tranaijorfcarIon ^rocert.ahion regulations.
The determination of whether a State's tranaportativjn
legislation and regulations are substantial I/ equivalent wirh
t.n* Federal program will be made by 2PA. 7ha RCRA ^tcit^ interin
Authorization wui-.1ance Manual, which will be available this
month, will provide the guidance necessary to rwke that
det o r ai na t i on.
rhe Agency has not negotiated who will rake the 'letaminat-ion
of equivalence with DOT since we are focusing attention on
natters related to interim authorisation. Since this subject
relates to final authorization, a decision as to who will
determine equivalency between State and Federal regulations
will be -leaIt with at a later date.
Question
When there is a hazardous waat.a s^ill during transit, tv,;
hckuler submits a report to DOT. Df-T, in turn, notifies T.T>\
of the incident. Who in DOT will be receiving th* rsport. for
t.he New Ungland area and where in I-JPA tlcea 'JOT into rid to t.Mnj.-'iP
copies of the incident report?
Gnawer
In t.he event of-a hazardous ---aat.* spill during transit,
a transporter must submit a written report as required by 4°
c:-'U 171.16 to the*
Associate Director for Hazardous Vat trials Regulations
Depart^nent of Transportation
Washington, D-C. 20390
DOT will then provide copies of the incident reports to
:-eadquarters. The forthcoming plan for inplamenting
MOJ (as discussed in tne first answer) will arMress
particular issue.
Question
I have rea-j the draft. .Menornndun of TJn^erstandinn
rPA and DOT. -,'ould you oxy.^liiir. Hf C«r
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(.',.„•) .nvi DOT? ..r.or. .'ill -e -T..*,.' ,.>;C -ill l-c -:a::i:;r. I'n
contact in these ^lifsrent ..^enci^.3?
The bureau of ivotor Carrier Satsty d:-1 C:;) in -* ^-\rt of tVe
?o« '.orul ..i'yvxay-Vlniiniat ration, (F '.'..'.'.) wi'.ich is a r:-\rt of »•'-•-•
"o:; Trano^ortat ion. (See cr'janic.H-iorial c^art.
.) J^CS's j^ri.iary function is t-.o rec'uca fa^aliti^s,
anU ^rotiert/ Manage, as ./all as ircrcjas^ r'^iic safety
lr. th-3 Mqhway transportation of "hazardous "Aterial ;. TV.C _:-C:'
ct:;J th-i c"j*i»A Hiuld staff enforce the Federal Motor Carrier
•"u^ety ^e'.juljitionr3 pertaining to the tran^^crt-ation of '\a^=»r -""^us
materials t>y ^na highway r^
The federal 1-totor Carrier Safety requlationa govern qucxli.-
cication of employees whose work affects safety o* operation,
inaxi.aua hours of service of such employees; 3afoty of operation
01 commercial vehicle^; and vehicle safety, incluriine; perforranc-s
ru'iuiretnent.a, -^rta and accessories, and »-aiRtenar.ce of ve'-'.icleiSo
'*U«s ilaaardous Material RequLationa, ar^onrj v^hich ar« requirements
Cor ahi^pin^ paoera, placar-ia, containers, 'labels,
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