Hazardous Materials Regulations Frequently Asked Questions
Q. Are shippers and carriers required to keep copies of shipping
papers for each hazardous materials shipment?
A. Yes. On August 26, 1994, the Hazardous Materials
Transportation Authorization Act of1994 amended the Federal hazardous materials
transportation law to require shippers and carriersto retain shipping papers for
a period of one year [49 U.S.C. § 5110(e)]. Because the lawis self-executing,
shipping papers are required to be retained by shippers and carriers for a
period of one year, effective August 26, 1994. RSPA has initiated rulemaking to
place this statutory mandate into the Hazardous Materials Regulations. We expect
to issue a notice of proposed rulemaking in the near future.
Q. Can hazardous material carried by a sales person qualify for a material
of trade exception in § 173.6? Can a small quantity generator of hazardous waste
use the material of trade exception?
A. In order to take advantage of the material of trade exception,
criteria in the definition for material of trade in § 171.8 must be met.
Material of trade means a hazardous material, other than a hazardous waste, that
is carried on a motor vehicle for the purpose of: (1) protecting the health
and safety of the motor vehicle operator or passengers; (2) for the purpose of
supporting the operation or maintenance of motor vehicle; or (3) by a private
motor carrier in direct support of a principal business that is other than
transportation by motor vehicle. A sales person's primary responsibility is not
transportation; therefore, a hazardous material being carried by the sales
person may qualify for the materials of trade exception if all the requirements
of § 173.6 are met. With regard to hazardous wastes, a small quantity generator
is excepted from the manifest requirements of 40 CFR Part 262; therefore, a
hazardous material carried by a small quantity generator would not meet the
definition for hazardous waste (see § 171.8). Accordingly, waste material
from a small quantity generator may qualify for the material of trade exception
if all requirements of § 173.6 are met.
Q. Can an aqueous solution of alcohol containing 5.91% by weight of
isopropyl alcohol and 0.15% formaldehyde having a flash point of 92ºF be
reclassed as a combustible liquid as providedin § 173.150(e)?
A. As provided in § 173.150(e), an aqueous solution of
alcohol may be reclassed as combustible liquid if it contains 24% or less
alcohol by volume and does not contain any other hazardous material.
Formaldehyde, in concentration of 0.15% does not meet a definition of a
hazardous material. The alcohol solution in question may be reclassed as a
combustible liquid under this section of the HMR.
Q. What is an appropriate shipping description for a liquid that is a
hazardous waste, but does not meet the definition of a hazardous substance or
any other hazard class?
A. Two appropriate shipping descriptions are available. The
first, "Hazardous waste , liquid, n.o.s., NA3082, III", is preceded by the
letter "D" in column 1 of the § 172.101 Hazardous Materials Table. The "D"
indicates that the description is appropriate for domestic transportation but
may be inappropriate for international transportation under the provisions of
international regulations (e.g., the ICAO Technical Instructions or the IMDG
Code). The second, "Waste, environmentally hazardous substance, liquid, n.o.s.,
UN3082", is suitable for domestic or international transportation.
Q. Does a UN 4G fiberboard box require recertification or disposal if
over two years have passed since its marked date of manufacture?
A. No, periodic retest requirements apply to the manufacture
of a design type, not to empty or filled packagings which are in use, or are in
inventory awaiting use. Once manufactured in conformance with the marked
standard (e.g., UN 4G), the packaging is suitable for use as long as it
continues to conform to that standard.
Q. Are used sharps and other medical waste that have been autoclaved
considered medical waste?
A. No. Medical waste materials that have been treated by
steam sterilization, incineration, chemical disinfection or other effective
means to eliminate the hazard are not considered regulated medical waste.
Q. Do identification numbers have to be displayed when non-bulk packages
of two or more different hazardous materials in quantities of 4,000 kg (8,820
lbs.) or more with different proper shipping names and identification numbers
are loaded on a vehicle at one facility?
A. Under Docket HM-206 (effective October 1, 1998), a provision was
added to the general marking requirements in § 172.301 for large quantities of
hazardous materials in non-bulk packagings on a transport vehicle or freight
container. The identification number marking display applies only when 4000 kg
(8,820 pounds) or more of hazardous materials in non-bulk packagings are loaded
at one loading facility only if all the hazardous materials in the transport
vehicle or freight container have the same proper shipping name and
identification number.
- ID# Required
- $ 4000 kg (8,820 pounds) of HAZMAT at one loading facility; and
- (2) Consists of only one hazardous material with the same proper
shipping name and identification number.
- ID# NOT Required
- <4000 kg (8,820 pounds); or
- Not all the same hazardous material on
vehicle
Q. Are there exceptions to the poisonous by inhalation marking requirement
of § 172.313?
A. Yes. Under Docket HM-206, an exception was provided in § 172.313(a)
from marking the words “Inhalation Hazard” on a package containing a material
poisonous by inhalation, provided the words appear on the new POISON INHALATION
HAZARD (PIH) label and placard. Although voluntary compliance is authorized,
mandatory compliance for use of the new PIH label and placard, respectively, is
October 1, 1999 and October 1, 2001.
Q. Is an identification number marking required on a transport vehicle or
freight container containing non-bulk packagings of materials poisonous by
inhalation?
A. When a transport vehicle or freight container is loaded at one
loading facility with more than 1,000 kg (2,205 pounds) of non-bulk packagings
containing a material poisonous by inhalation in Hazard Zones A and B having the
same proper shipping name and identification number, the identification number
for that material is required to be displayed on the transport vehicle or
freight container, as prescribed in § 172.313(c).
Q. What are the new requirements for marking transport vehicles and
freight containers containing lading which has been fumigated?
A. Under HM-206, in §§ 172.302 and 173.9, a new FUMIGANT marking
requirement has been adopted which is consistent with international standards
and is applicable to every material used in the fumigation process. The new
FUMIGANT marking requirement applies to all modes of transportation and not just
to rail transport as previously required. A fumigated transport vehicle or
freight container is a “package” for application of the fumigation requirements,
unless it has been sufficiently aerated.
Q. Are slogans or signs, such as “Drive Safely,” which are often displayed
on placards and in placard holders, prohibited on a transport vehicle and
freight container?
A. Yes. Any slogan, sign, or other device that by its color, design,
shape or content, could be confused with any placard is prohibited. The
restrictions under § 172.502(a)(2) do not apply until October 1, 2001 to a
safety sign or slogan which waspermanently marked on a transport vehicle, bulk
packaging, or freight container on or before August 21, 1997.
Q. What placards must be displayed on a motor vehicle containing
7,000 pounds of "Tetrachloroethylene, 6.1, UN1897, III"? Does the placard
substitution table in § 171.14(a)(2) have any effect on placarding this
shipment?
A. Under Table 2 of § 172.504(e), KEEP AWAY FROM FOOD
placards are required. Under the exception in § 172.504(f)(10), for domestic
transportation POISON placards may be substituted for the KEEP AWAY FROM FOOD
placards. The HM-181 transitional provisions in § 171.14(a)(2) do not apply in
this situation. The entry "none required" in the column titled "Old (Sept. 30,
1991) placard name" means that, under the HMR in effect prior to the HM-181
final rules, there was no equivalent placard. Therefore, no substitution is
permitted and, as of October 1, 1994, the KEEP AWAY FROM FOOD placard must be
used to comply with placarding requirements.
Q. What placards must be displayed on a motor vehicle containing the
following materials loaded at one facility: 5,000 pounds of "Chromic fluoride,
solution, 8, UN 1757, II" and 700 pounds of "Isopropanol, 3, UN 1219,
II"?
A. Even though the 700 pounds of Class 3 material is below
the 1,001 pound placarding exception limit, both materials must be placarded.
The following placards are required for these two materials aboard a motor
vehicle: A CORROSIVE placard is required to cover the 5,000 pounds of the Class
8 material and either a FLAMMABLE or a DANGEROUS placard to cover the 700 pounds
of the Class 3 material.
Q. May a hazmat employer/employee train and test themselves (e.g.,
owner-operator)?
A. Yes, self-training is acceptable provided that all training
requirements of § 172.704 are met.
Q. Who certifies that an instructor is qualified to train, test, and
certify in accordance with § 172.704?
A. Except for certain FAA required CFR 14 training, the U.S. DOT does
not review or certify training programs for pre-approval purposes. The employer
must determine a trainer's qualifications based on their need.
Q. Does the trainer who teaches and tests the hazmat employee,
certify that the hazmat employee is trained/tested?
A. No, the hazmat employer must certify that the employee has been
trained and tested.
Q. If an outside source trains but does not test the employee, must
the employee be tested and certified based on this training?
A. Yes. It is the responsibility of the hazmat employer to meet these
training requirements. However, a hazmat employer may designate an outside
source to train, test, and certify on its behalf.
Q. Must the test be in a written format or may a skill demonstration
be used?
A. Any test that ensures that the employee can perform the assigned
duties in compliance with the HMR is acceptable. Training and testing may be
accomplished in a variety of ways: performance, written, verbal, or a
combination of these.
Q. Must the employee "pass" a test?
A. The requirements do not state that the employee must "pass" a test;
however, an employee may only be certified in areas in which he/she can
successfully perform their hazmat duties.
Q. Does IMDG Code, ICAO Technical Instructions, OSHA or EPA training
fulfill the HMR requirements?
A. This training may be used to the extent that the general awareness,
function specific, and safety training and testing requirements of the HMR are
met. Areas not covered will require additional training.
Q. Who will enforce the training requirements in § 172.704?
A. Enforcement pertaining to carriers is the responsibility of each
modal administration. Compliance or non-compliance with the training rule will
be determined during safety and compliance reviews of shippers and carriers.
Q. What type of fines would be involved?
A. Violations of any hazardous materials regulations including
training may be subject to a civil penalty of up to $27,500 for each violation
and, in appropriate cases, a criminal penalty of up to $500,000 and/or
imprisonment of up to 5 years. (See 49 CFR § 107.329 and § 107.333.)
Q. An office secretary types the required hazardous materials
description on a shipping paper at the direction of another, item by item. Is
the secretary a hazmat employee requiring training?
A. Yes, each person who performs any function subject to the HMR must
be trained, except special circumstances addressed by 172.704(c).
Q. Do the training regulations apply to foreign flag vessels carrying
hazardous materials?
A. Yes, the regulations apply to each domestic and foreign vessel when
in dry dock or in navigable waters of the United States.
Q. Do the training regulations apply to a hazmat employers and/or
employees who operate a bulk vessel transporting hazardous materials?
A. No. Except for transportation in bulk packagings, the bulk carriage
of hazardous materials by water is governed by 46 CFR Chapter I. See 49 CFR §
176.5(d).
Q. Is a shipmaster a hazmat employer?
A. No, the shipmaster is a hazmat employee; the operator of the vessel
is the hazmat employer.
Q. Do the regulations apply to employees working with materials that
are consumer commodities?
A. Yes.
Q. Does a Commercial Driver's License (CDL) with HM/tank vehicle
endorsement satisfy requirements?
A. A hazmat employer must determine applicability of CDL to the
specific functions the employee performs and provide training for functions not
covered by the endorsement.
Information from Research and Special Programs Administration Office of Hazardous Materials Safety
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