The sector of the trucking industry that transports hazardous materials
is under regulation by multiple federal, state
and local agencies. The following is an overview of the
major laws enacted, the regulations, training requirements and other
resources:
Hazardous Material Overview
OSHA's HAZWOPER
OSHA has limited jurisdiction of over-the-road vehicle operation. In the instance
of spills occurring while the material is on the vehicle
or otherwise "in transportation," OSHA's HAZWOPER standard does
not cover the operator per se. It does, however,
cover emergency response personnel who respond to the incident. If the
operator of the vehicle becomes actively involved in an
emergency response, then he/she is considered an emergency responder and is covered
by
29 CFR 1910.120(q).
Hazardous Material Transportation Act of 1975 (HMTA)
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:
- Procedures and/or Policies 49 CFR Parts
101, 106, and 107
- Material Designations 49 CFR Part 172
- Packaging Requirements 49 CFR Parts 173,
178, 179, and 180
- Operational Rules 49 CFR Parts 171, 173, 174, 175, 176, and 177
The HMTA is enforced by use of compliance orders [49 U.S.C.
1808(a)], civil penalties [49 U.S.C. 1809(b)], and injunctive relief
(49 U.S.C. 1810). The HMTA (Section 112, 40 U.S.C. 1811) preempts
state and local governmental requirements that are inconsistent with
the statute, unless that requirement affords an equal or greater
level of protection to the public than the HMTA requirement.
Hazardous Materials Transportation Uniform Safety Act of 1990
In 1990, Congress enacted the Hazardous Materials
Transportation Uniform Safety Act (HMTUSA) to clarify the maze of
conflicting state, local, and federal regulations. Like the HMTA,
the HMTUSA requires the Secretary of Transportation to promulgate
regulations for the safe transport of hazardous material in
intrastate, interstate, and foreign commerce. The Secretary also
retains authority to designate materials as hazardous when they pose
unreasonable risks to health, safety, or property.
The statute includes provisions to encourage uniformity among
different state and local highway routing regulations, to develop
criteria for the issuance of federal permits to motor carriers of
hazardous materials, and to regulate the transport of radioactive
materials.
Reporting an Oil or Hazardous Chemical Spill
-
National Oil and Hazardous Substances Pollution Contingency Plan.
US Coast Guard (USCG). Coordinates response and the National Response Center, which became operational in August of
1974 at
US Coast Guard. Headquarters in Washington, D.C. for the reporting and coordination of
response to pollution by oil and hazardous substances.
-
National Response Center. Serves as the sole federal point of contact for reporting oil and hazardous
chemical spills. The criteria for reporting such incidents were set
forth in
40 CFR 110 for oil discharges and
40 CFR 116 for hazardous substances discharges. You may contact (800) 424-8802 to report oil and hazardous chemical spills.
Radioactive
Materials
Several agencies
have overlapping authorities for regulating shipments of radioactive
materials. DOT regulates the shipment of hazardous materials,
including radioactive materials. National Regulatory Commission
(NRC) regulates commercial activities of nuclear power plants.
Department of Energy (DOE) ships commercial radioactive waste for
storage and defense nuclear waste and weapons for storage or use.
DOE and EPA share responsibility for transportation of hazardous
wastes or radioactive and hazardous waste mixtures generated at
facilities operated by DOE under the authority of the Atomic Energy
Agency (AEA).
Compliance
OSHA
-
1910.120, Hazardous waste
operations and emergency response
-
1910.134, Respiratory protection
- See
OSHA Standards for OSHA standards, directives and
standard interpretations.
Environmental Protection Agency (EPA)
US Department of Transportation (DOT)
-
49 CFR 172, Hazardous Materials
Table, Special Provisions, Hazardous Materials Communications,
Emergency Response Information and Training Requirements
-
49 CFR 173, Shipper's--General
Requirements for Shipments and Packaging
-
49 CFR 177, Carriage by Public Highway.
Section 177.823 applies to movement of motor vehicles in
emergency situations
-
49 CFR 397, Transportation of Hazardous
Materials; Driving and Parking Rules
Training Requirements
OSHA
-
1910.120, Hazardous waste
operations and emergency response
-
1910.134, Respiratory Protection
US Department of Transportation (DOT)
-
49 CFR 172, Hazardous Materials Table, Special Provisions, Hazardous Materials Communications,
Emergency Response Information and Training Requirements.
General Hazard References
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