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The Hazardous Material Regulation

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

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The Hazardous Material Regulation

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

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

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

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

  5. The Hazardous Material Regulation • Other related Agencies or Laws: • EPA • RCRA, CERCLA, TSCA, • OSHA: • HAZWOPER, HAZCOM,

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

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

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

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

  10. The HMRHazardous Waste (171.3) • No person may accept for transportation, transport, or deliver HW unless: • the motor vehicle has been marked as such (390.21) even if placards are not required. • HW is manifested per 172.205 • the quanitity is delivered properly.

  11. The HMRHazardous Waste (171.3) • Federal law specifies penalties up to 25,000 fine and five years in prison for the willful discharge of hazardous waste at other than designated facilities • Be aware that both the EPA and DOT have armed US Marshalls.

  12. The HMRMarine Pollutants (171.4) • Materials known to be toxic to aquatic organisms. • Special Provisions resulting from 1973 International Convention for Preventing Pollution from Ships • Non-bulk packages are exempted on highways, rail, or aircraft.

  13. The HMRNotice of Incident (171.15) • Required when: • a person is killed or hospitalized • public evacuation, $50,000 damage • trans. artery or facility closed • routine flight pattern altered • radioactive or infectious • other

  14. The HMRNotice of Incident (171.15) • Reported to: • DOT • CHEMTREC • CDC (if infectious) • EPA (if RQ regardless of above conditions)

  15. The HMRNotice of Incident (171.15) • Required Information: • name of person making report • name and address of carrier • phone number of person reporting • date, time, location of incident • extent of any injuries • class, name, and quantity of HM

  16. The HMRNotice of Incident (171.15) • Carriers and Shippers are required to support investigations and special studies. All records and info must be made available. • In response to a DOT inquiry, full, true and correct answers must be provided with 30 days.

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

  18. The HMRTraining Must Include • General Awareness Training • Function Specific Training • Safety Training • Driver Training (if applicable) • Mode of Transport Training

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

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

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

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

  23. HMR Mode Specific Training • Carriage by aircraft/rail • Carriers/connecting carriers must provide training to HM employees • Carriage by vessel • Carriers/connecting carriers must provide training to HM employees • Documentation must kept on board

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

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

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

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

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

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