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TOOLKIT FOR Hazardous Materials Transportation Education

TOOLKIT FOR Hazardous Materials Transportation Education.

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TOOLKIT FOR Hazardous Materials Transportation Education

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  1. TOOLKIT FOR Hazardous Materials Transportation Education

  2. This work is sponsored by the U. S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA).  It was conducted through the Hazardous Materials Cooperative Research Program (HMCRP), which is administered by the Transportation Research Board of the National Academies. • Prepared by • 3 Sigma Consultants, LLC • 909 Edenbridge Way, Nashville, TN 37215 Module3: HazmatLegal and Regulatory Environment

  3. Learning Outcomes At the end of this module students will be able to: • Identify the principal regulations governing hazmat transportation. • Explain the general layout of the hazardous materials regulations and locate provisions that are applicable to specific shipping situations. • Describe the operational elements required for the safe and secure movement of hazmat within the applicable regulatory requirements.

  4. Topics • Hazmat transportation regulatory context • Overview of legal, and regulatory process • Hazmat legislation and regulations • USDOT regulations • Compliance and enforcement • Other regulatory requirements, standards, and guidelines • Issues involving multiple/overlapping regulations

  5. The Hazardous Materials Regulations (HMR) • This module is for educational purposes only. • It does not substitute for the actual HMR. • For authoritative information consult the latest edition of the HMR http://www.ecfr.gov/cgi-bin/text-idx?sid=69820f56014d9312d67ea8169b0e9e01&c=ecfr&tpl=/ecfrbrowse/Title49/49tab_02.tpl and the final rules published in the Federal Register. https://www.federalregister.gov/ Source: PHMSA, USDOT, July 2012.

  6. Why Regulate Hazmat Transportation? • The dangerous goods transported, if released or ignited, could cause harm to human health or the environment. • Some releases are catastrophic. • Texas City, TX, cargo ship explosions, April 1947 • Waverly, TN, LP gas tank car, February 1978 • Caldecott Tunnel, CA, April 1982 • Baltimore, MD, rail tunnel fire, July 2001

  7. What Is a Hazardous Material? • Many organizations have offered definitions of the synonymous terms “hazardous materials” and “dangerous goods” to meet various needs (see handout): • Institute of Hazardous Material Management (IHMM) • National Fire Protection Association (NFPA) • U.S. Department of Transportation (DOT) • U.S. Environmental Protection Agency (EPA) • U.S. Occupational Safety and Health Administration (OSHA) • U.S. Nuclear Regulatory Commission (NRC) • U.S. General Services Administration (GSA)

  8. Basic USDOT Definition of Hazardous Material A substance or material, that when transported in commerce, is capable of posing an unreasonable risk to: • Health • Safety • Property Source: PHMSA, USDOT, July 2012.

  9. Dangerous Goods Are Internationally Regulated • UN Recommendations on the Transport of Dangerous Goods • Not obligatory, but form the basis of many national systems and international agreements • International Maritime Organization (IMO) • International Maritime Dangerous Goods (IMDG) Code, part of the International Convention for the Safety of Life at Sea • Intergovernmental Organisation for International Carriage by Rail • International Carriage of Dangerous Goods by Rail, part of the Convention concerning International Carriage by Rail. • International Civil Aviation Organization (ICAO) • Technical Instructions For The Safe Transport of Dangerous Goods by Air • International Air Transport Association (IATA) • IATA Dangerous Goods Regulations

  10. Background: Overview of U.S. Legal and Regulatory Process • Congress passes a law designed to address a social or economic need or problem. • The appropriate regulatory agency then creates regulations necessary to implement the law. • The underlying laws are often referred to as "enabling legislation.“ • Desirable guiding principle: “Reasonable regulations lead to voluntary compliance.” • Allows enforcement to be directed toward the "bad actors" Source: http://usgovinfo.about.com/od/uscongress/a/fedregulations.htm, August 2012.

  11. Overview of Legal and Regulatory Process • Federal Legislation • Examples: Hazardous Material Transportation Act, National Environmental Policy Act, Oil Pollution Act, laws in other spheres • Regulatory Agencies • DOT, EPA and at least 50 others • Create and enforce rules - regulations - that carry the full force of law • Federal Rulemaking Process • The process of creating and enacting federal regulations is generally referred to as the “rulemaking” process. • Regulatory agencies create regulations according to rules and processes defined by Administration Procedure Act. • Agencies must publish all proposed new regulations in the Federal Register at least 30 days before they take effect, and they must provide a way for interested parties to comment, offer amendments, or to object to the regulation. • State and local governments have similar processes, but may not enact laws and regulations that conflict with federal enactments. Source: http://usgovinfo.about.com/od/uscongress/a/fedregulations.htm, August 2012.

  12. Key U.S. Hazmat Legislation and Regulations

  13. The Federal Hazardous Materials Transportation Law • 49 U.S.C. § 5101 et seq. is the basic statute regulating hazardous materials transportation in the United States. • Purpose: to “protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreigncommerce” (emphasis added) • Gives the Secretary of Transportation the authority to: • Designate material as hazardous • Issue regulations for the safe and secure transportation of hazardous material Source: PHMSA, USDOT, July 2012.

  14. The USDOT Hazardous Materials Regulations (HMR) 49 CFR 171 through 180 • 171 General information, regulations, and definitions • 172 Hazardous materials table, special provisions, hazmat communications, emergency response, training • 173 Shippers and packaging • 174 Carriage by rail • 175 Carriage by aircraft • 176 Carriage by vessel • 177 Carriage by public highway • 178 Specs for packaging • 179 Specs for tank cars • 180 Continuing qualification and maintenance of packagings Source: PHMSA, USDOT, July 2012.

  15. Who Is Subject to the HMR? All persons who: • Transport hazardous materials in commerce • Offer hazardous materials for transportation • Are involved in producing hazmat packaging • Prepare or accept hazmat shipments • Are responsible for hazmat safety • Certify compliance with any requirement under the federal hazmat law Source: PHMSA, USDOT, July 2012.

  16. Hazardous Materials Standards The HMR set forth standards for: • Classification • Packaging • Hazard communication • Emergency response information • Hazmat employee training • Hazmat transportation by various modes • Incident reporting • Emergency response information • Security Source: PHMSA, USDOT, July 2012.

  17. The Hazardous Materials Table (HMT) Source: PHMSA, USDOT, July 2012.

  18. What’s in the HMT? • Contains more than 3,000 proper shipping names of commonly shipped hazmat. • Contains 14 columns organized into 10 major headings. Source: PHMSA, USDOT, July 2012.

  19. Hazardous Materials Standards The HMR set forth standards for: • Classification • Packaging • Hazard communication • Hazmat transportation by various modes • Hazmat employee training • Incident reporting • Emergency response information • Security Source: PHMSA, USDOT, July 2012.

  20. USDOT/PHMSA Hazmat Classification System • Class 4: Flammable Solids • 4.1 Flammable solid • 4.2 Spontaneously combustible material • 4.3 Dangerous when wet material • Class 5: Oxidizing Agents & Organic Peroxides • 5.1 Oxidizer • 5.2 Organic peroxide • Class 6: Toxic & Infectious Substances • 6.1 Poisonous materials • 6.2 Infectious substance (Etiologic agent) • Class 7: Radioactive Material • Class 8: Corrosive Material • Class 9: Miscellaneous Hazardous Materials • Class 1: Explosives • 1.1 Mass explosion hazard • 1.2 Projection hazard • 1.3 Predominately a fire hazard • 1.4 No significant blast hazard • 1.5 Very insensitive explosives; blasting agents • 1.6 Extremely insensitive detonating substances • Class 2: Gases • 2.1 Flammable gas • 2.2 Non-Flammable compressed gas • 2.3 Poisonous gas • Class 3: Flammable and Combustible Liquids 49 CFR §173.2

  21. Class 1 - Explosives 1.1 Mass explosion hazard (dynamite, TNT) 1.2 Projection hazard (aerial flares, detonating cord) 1.3 Predominately a fire hazard (liquid fueled rocket motors, propellant explosives) 1.4 No significant blast hazard (practice ammunition, signal cartridges) 1.5 Very insensitive explosives; blasting agents (pilled ammonium nitrate fertilizer-fuel oil mixtures) 1.6 Extremely insensitive detonating substances (items with a negligible probability of accidental initiation or propagation) Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan 2013.

  22. Class 2 - Gases 2.1 Flammable gases (methyl chloride, propane) 2.2 Non-flammable compressed gases (anhydrous ammonia, carbon dioxide, compressed nitrogen) 2.3 Poisonous gases (chlorine, arsine, methyl bromide) Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan 2013.

  23. Class 3 – Flammable and Combustible Liquids Flammable - Flashpoint at or below 60oC (140oF) (acetone, gasoline) Combustible – Flashpoint above 60oC (140oF) and below 93 °C (200 °F) (No. 6 fuel oil, mineral oil) Source: 49 CFR § 173.120; Defense Ammunition Center, April 2011.; NFPA 472, Jan 2013.

  24. Class 4 – Flammable Solids 4.1 Flammable Solids (magnesium pellets, nitrocellulose) 4.2 Spontaneously Combustible (charcoal briquettes, phosphorous) 4.3 Dangerous When Wet (magnesium powder, sodium hydride) Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan 2013.

  25. Class 5 – Oxidizing Agents & Organic Peroxides 5.1 Oxidizers (ammonium nitrate, calcium hypochlorite) 5.2 Organic Peroxides (dibenzoyl peroxide, peroxyacetic acid) Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan 2013.

  26. Class 6 – Toxic & Infectious Substances 6.1 Toxic or Poison (arsenic compounds, carbon tetrachloride, tear gas) 6.2 Infectious Substance (Etiologic Agent) (anthrax, botulism, rabies, tetanus) Source: Defense Ammunition Center, April 2011.; NFPA 472 , Jan 2013.

  27. Class 7 – Radioactive Materials Examples cobalt uranium hexafluoride “yellow cake” Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan 2013.

  28. Class 8 – Corrosive Materials Examples Acids (nitric acid, sulfuric acid, batteries) Alkalis (sodium hydroxide) Source: Defense Ammunition Center, April 2011.; NFPA 472, Jan 2013.

  29. Class 9 – Miscellaneous Hazardous Materials A material which presents a hazard during transportation but which does not meet the definition of any other hazard class, including: Elevated Temperature Material Hazardous Substance Hazardous Waste Marine Pollutant Examples Lithium batteries Hot liquid asphalt PCBs Molten sulfur 49 CFR § 173.140

  30. Hazardous Substances • Listed in §172.101, Appendix A, Table 1 • Shipped in one package in a quantity that equals or exceeds the Reportable Quantity (RQ). • Table 2 in Appendix A lists radionuclide's and their RQs. Source: PHMSA, USDOT, July 2012.

  31. Hazardous Waste • Transportation of hazardous waste is regulated by DOT (49 CFR 171.3, 171.8) and EPA (40 CFR 262-263). • All discarded materials must be evaluated to see if they meet the definition of “hazardous waste.” • EPA hazardous waste classifications: • Chemicals (generally toxic materials being discarded) • Process wastes (waste streams from a process operation, most commonly chemical solvents) • Characteristic wastes (ignitibility, corrosivity, reactivity, toxicity) Source: Transportation Safety Institute, USDOT, Feb 2012.

  32. Marine Pollutants • A hazmat is also a marine pollutant when: • It is listed in §172.101, Appendix B; AND • The material is in a solution or mixture meeting specified concentrations • The marine pollutant requirements in the HMR apply to: • All marine pollutants transported by vessel, • But not to non-bulk shipments by air, rail, or highway. Source: PHMSA, USDOT, July 2012.

  33. Other Materials Covered by Hazmat Regulations • Forbidden Materials (§ 173.21 ) • May not be offered for transportation or transported. • Forbidden Explosives (§ 173.54 ) • ORM-D (Other Regulated Materials – Domestic) (§ 173.144) • ORM designates a material which, although otherwise subject to 49 CFR 173, presents a limited hazard during transport due to its form, quantity, and packaging. • Examples • consumer commodity • small arms or cartridges • power devices • Materials of Trade (MOT) and Company Owned Material (COMAT)

  34. ORM-D: Consumer Commodities Classification used only in the United States Source: Defense Ammunition Center, April 2011.

  35. MOT and COMAT • Materials of Trade (MOT) are hazmat carried on motor vehicles for the carrier’s use, or to support a non-transport business. • Fewer regulations (e.g., no placarding) • Quantity limits apply • Air carrier Company Owned Materials (COMAT) are regulated as hazmat/dangerous goods. • COMAT shipped as replacement items for installed equipment, serviceable items, or items removed for servicing and repair may be regulated. • Installed equipment containing hazardous materials or hazardous materials required aboard an airplane to meet airworthiness requirements of the FAA are excepted from the HMR. Source: PHMSA, USDOT, July 2012.

  36. Hazardous Materials Standards The HMR set forth standards for: • Classification • Packaging • Hazard communication • Hazmat transportation by various modes • Hazmat employee training • Incident reporting • Emergency response information • Security Source: PHMSA, USDOT, July 2012.

  37. Packaging • In the HMR, “package” refers to the packaging plus its contents. • Examples of packaging • Fiberboard boxes • Drums • Portable tanks • Cargo tanks • Tank cars • Cylinders • Bags • Wood boxes Source: PHMSA, USDOT, July 2012.

  38. General Package Requirements in the HMR The hazmat packaging must be: • Able to contain the material • Compatible with the material • Authorized for the material • Closed securely • Filled appropriately http://www.megacheminc.com/un_packaging.htm Source: Transportation Safety Institute, USDOT, Feb 2012.

  39. HMT Column 5 – Packing Group (PG) • Assigned according to the relative degree of danger posed by the hazmat during transport: • PGI greatest • PGII medium • PGIII minor Source: PHMSA, USDOT, July 2012.

  40. HMT Column 8 – Packaging References • Columns 8A, 8B, and 8C complete the citations to §173.***. • Go to the cited sections to find the packaging exceptions, non-bulk, and bulk requirements. Source: PHMSA, USDOT, July 2012.

  41. UN Standard Packaging Performance Tests • Drop test • Leakproofness • Hydrostatic pressure test • Stacking • Cooperage test • Packaging test US only • Vibration test http://www.westpak.com/hazardous-materials/stack-testing.asp Source: Defense Ammunition Center, April 2011.

  42. Package Marking Requirements Source: PHMSA, USDOT, July 2012.

  43. Hazardous Materials Standards The HMR set forth standards for: • Classification • Packaging • Hazard communication • Shipping papers • Markings, labels, placards • Hazmat transportation by various modes • Hazmat employee training • Incident reporting • Emergency response information • Security The prime objective of all hazard communication is to ensure that the hazmat information needed by emergency responders is readily available in a standard format. Source: PHMSA, USDOT, July 2012.

  44. 2012 Emergency Response Guidebook (ERG) • The ERG provides information to first responders to a hazmat incident to help them quickly: • locate shipping papers • identify the dangerous goods involved • take initial actions to protect themselves and the general public

  45. Shipping Papers • A properly prepared shipping paper must accompany any hazmat shipment. • May include: • Shipping order • Bill of lading • Manifest • Other Source: PHMSA, USDOT, July 2012.

  46. General Shipping Paper Requirements • Legibility • Codes and abbreviations • Additional information • Multiple-page shipping papers • Continuously monitored emergency response telephone number • Documents and forms UN1263, Paint, 3, PGII Source: PHMSA, USDOT, July 2012.

  47. HMT Columns 1-5 • Contain the information required for the basic descriptionthat is a key part of the shipping paper. • Column 2 provides the proper shipping name of the material. Source: PHMSA, USDOT, July 2012.

  48. Shipping Description of the Hazmat • 1-4 Basic description • 5 Total quantity • 6 Number and type of packages UN1114, Benzene, 9, PGII Source: PHMSA, USDOT, July 2012.

  49. Shipper Certifications Domestic International Source: PHMSA, USDOT, July 2012.

  50. Marking, Labeling, and Placarding • Each hazmat package, freight container, and vehicle must communicate hazard information as prescribed in the HMR. Source: PHMSA, USDOT, July 2012.

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