hazardous materials transportation regulations

5101 et seq. "Transporter" means a person engaged in the offsite transportation (or movement) of hazardous waste by air, rail, highway or water. This book provides in depth coverage of the Department of Transportation's Hazardous Materials Regulations. A transporter of hazardous waste is subject to several regulations under RCRA, outlined in Title 40 of the Code of . Vehicle weight and size limits, underpass and bridge clearances, roadway geometrics, number of lanes, degree of access control, and median and shoulder structures are examples of characteristics which a State or Indian tribe shall consider. 0000008775 00000 n Examples of hazardous materials are explosives, flammables, corrosives, radioactive materials, and poisons. Such record shall describe any concern or disagreement expressed by the officials and any action undertaken to resolve such disagreement or address any concern. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]. RSPA, Department of Transportation. The hazmat identification number is a four-digit number (also known as the United Nations/ North American, or UN/NA number) and is assigned to each listed hazardous material in the hazardous materials table. In consultation with the proper fire, law enforcement, and highway safety agencies, consideration shall be given to the emergency response capabilities which may be needed as a result of an NRHM routing designation. Reports and resources from previous hazardous materials R&D forums are available on PHMSA.gov. (4) Clearly set forth the dispute for which resolution is sought, including a complete description of any disputed NRHM routing designation and an explanation of how the disputed routing designation affects the petitioner or how it impedes through highway routing. (3) A reasonable deviation is required by emergency conditions, such as a detour that has been established by a highway authority, or a situation exists where a law enforcement official requires the driver to take an alternative route. In all preemption determinations, the Administrator serves a copy of the determination upon any other person who participated in the proceeding or who is readily identifiable by the Administrator as affected by the determination. (ii) Type of highway. 0 Commerce. Hazardous materials pose risk to health and safety or property. 0000034829 00000 n (2) A State, political subdivision thereof, or Indian tribe may apply to the Administrator for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian tribe acknowledges to be preempted by 49 U.S.C. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. (xii) Climatic conditions. Requirements for State routing designations. [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]. (1) Each State or Indian tribe, through its routing agency, shall provide information identifying all NRHM routing designations that exist within its jurisdiction: (i) Electronically, by email to HMRouting@dot.gov; or. The March . This edition has been expanded from 19 to 29 chapters and subdivided into five sections, covering raw materials, processing, quality, applications, and new developments. (b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. The States shall be responsible for resolving all disputes between such political subdivisions within their jurisdictions. Violators are subject to summons and/or fine. (iv) Is authorized to move the vehicle and has the means and ability to do so. 0000002561 00000 n (a) Petition. Wagner, senior environmental analyst, Labaat-Anderson, Inc., examines hazardous waste regulations under the Resource Conservation and Recovery Act, the Toxic Substances Control Act, and the Comprehensive Environmental Response, Compensation ... (c) The filing of an application for a determination under this section does not constitute grounds for noncompliance with any requirement of the Act or any regulation issued under the Act. The analysis of the emergency response capabilities shall be based upon the proximity of the emergency response facilities and their capabilities to contain and suppress NRHM releases within the impact zones. Please visit the New York City Department of Transportation website for information on restrictions for oversize and over-dimensional vehicles traveling into New York City (opens in a new tab). (c) The order includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved by the order may file a petition for reconsideration in accordance with § 397.223. xref For purposes of this subpart, any highway routing designation affecting the highway transportation of NRHM, made by a political subdivision of a State is considered as one made by that State, and all requirements of this subpart apply. (iii) The State or Indian tribe shall attempt to resolve any concern or disagreement expressed by any consulted official related to the proposed routing designation. The Hazardous Materials Transportation Act of 1975 (HMTA) empowered the Secretary of Transportation to designate as hazardous material any "particular quantity or form" of a material that "may pose an unreasonable risk to health and safety or property." Hazardous materials regulations are subdivided by function into four basic areas: 5125, or § 397.69 or § 397.203 of this part; and. The Administrator may waive preemption with respect to such requirement upon a determination that such requirement -, (1) Affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or regulations issued under the Act, and. The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the United States Federal Government. 0000002288 00000 n (d) Before a motor carrier requires or permits a motor vehicle containing explosives in Class 1, Divisions 1.1, 1.2, or 1.3, as defined in 49 CFR 173.50 and 173.53 respectively, to be operated, the carrier or its agent shall prepare a written route plan that complies with this section and shall furnish a copy to the driver. The routing agency shall ensure that all NRHM routing designations within its jurisdiction comply with the Federal standards in this section. Wednesday, November 21, 2012. endstream endobj 153 0 obj<. (c) The determination includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved thereby may file a petition for reconsideration within 20 days in accordance with § 397.223. Developing programs to accomplish these goals and increase the safety of hazardous material transportation is . (a) A motor carrier transporting NRHM shall comply with NRHM routing designations of a State or Indian tribe pursuant to this subpart. (1) he or she determines that there is insufficient information upon which to base a determination; (2) Upon his or her request, additional information is not submitted by the applicant; or. (b) The petition must contain a concise statement of the basis for seeking reconsideration, including any specific factual or legal errors, or material information not previously available. (b) The rules in paragraph (a) of this section do not apply to a motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all the following conditions exist -, (1) The vehicle is located on the property of a motor carrier, on the property of a shipper or consignee of the explosives, in a safe haven, or, in the case of a vehicle containing 50 pounds or less of a Division 1.1, 1.2, or 1.3 material, on a construction or survey site; and, (2) The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and. The Administrator may convene a hearing or conference, if a hearing or conference will advance the evaluation of the application. Highway routing designations; preemption. 0000007824 00000 n View the most recent official publication: These links go to the official, published CFR, which is updated annually. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers. If you handle hazardous material or hazardous waste, or if you are a shipper, carrier or freight forwarder, the 49 CFR is a must. The documents must include the names and telephone numbers of persons (including representatives of carriers or shippers) to be contacted, the nature of the explosives being transported, and the precautions to be taken in emergencies such as fires, accidents, or leakages. 8.2 Cargo Tank Regulations. To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous . [57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994; 78 FR 58486, Sept. 24, 2013], (a) Any highway routing designation established, maintained, or enforced by a State, political subdivision thereof, or Indian tribe is preempted if -. Watch our short video to see EHS Hero in action. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. SE, Washington, DC 20590-0001. The Secretary of Transportation. Although there are alternative data sources for obtaining data on hazardous materials shipments in the rail and water modes, CFS hazardous materials data is the only publicly available source of hazardous materials flow data for the highway and air modes, as well as multiple-mode combinations. The Administrator will issue a decision based on the petition, the written comments submitted by the parties, the record of the hearing, and any other information in the record. Pipeline and Hazardous Materials Safety Administration. DOT - Hazardous Materials Transportation Regulations - free to download - from Environmental Health & Safety Online Transportation of Hazardous Materials - Laws & Regulations At last! Federal hazardous materials transportation law (49 U.S.C. (3) The route is published in the National Hazardous Materials Route Registry on FMCSA's website at https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. Nothing in this section shall be construed as prohibiting the parties from settling the dispute or seeking other methods of alternative dispute resolution prior to the final decision by the Administrator. 0000001557 00000 n (c) Each person submitting written comments to the Administrator with respect to an application filed under this section shall send a copy of the comments to the applicant and certify to the Administrator that he or she has complied with this requirement. 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