FREQUENTLY
ASKED QUESTIONS
Following are abbreviated
responses to some of the more Frequently Asked Questions (FAQs) on the
Hazardous Materials Regulations (HMR). We will frequently update this
page, so return here often to get answers to some of the more frequently
asked questions.
Shipping Papers
Classification
Packaging & Containers
Exceptions
Marking
Placarding
Training
Modal
SHIPPING
PAPERS
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 of 1994 amended the Federal hazardous materials transportation law
to require shippers and carriers to retain shipping papers for a period
of one year [49 U.S.C. § 5110(e)]. Because the law is 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.
CLASSIFICATION
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 provided in § 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.
PACKAGING
& CONTAINERS
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 that 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.
EXCEPTIONS
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.
MARKING
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 Number RequiredID Number NOT Required
- 4000 kg (8,820 pounds) of HAZMAT at one loading facility; and
- Consists of only one hazardous material with the same proper shipping name and identification number.
- <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.
PLACARDING
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 was permanently 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.
TRAINING
Q. Will 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 give any additional training needed.
Note: Additional certification is needed if driver is transporting cryogenic or radioactive materials.
Q. May a
hazmat employer/employee train and test themselves (e.g., owner-operator)?
A. Yes, provided that all training requirements of
§172.704 are met.
Q. Does the trainer who teaches and tests the hazmat employee, certify
that the hazmat employee is trained/tested?
A.
No, a hazmat employer must certify.
Q. Does IMDG Code, ICAO Technical Instructions, OSHA or EPA training
fulfill the HM-126F requirements?
A. This training may be used to the extent that the
general awareness, function specific, and safety training and testing
requirements of HM-126F are met. Areas not covered will require additional
training.
Q. What information should the training records contain?
A. The training records should contain the following information:
- hazmat employee's name,
- completion date of most recent training,
- training materials (copy, description, or location),
- name and address of hazmat trainer, and
- certification that hazmat employee has been trained and tested.
Q. Where
can one obtain HAZMAT training materials and/or instruction?
A.
General Awareness, General Safety and Functions-Specific Hazardous Materials
Training can be obtained from ShipMate, Inc.
Click here
to review our training materials.
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. Do the training
regulations apply to foreign flag vessels carrying hazardous materials?
A.
Yes, it applies to each domestic and foreign vessel when in dry dock or
in navigable waters of the United States.
MODAL
Q. Does the prohibition on
the transportation of chemical oxygen generators on passenger carrying
aircraft affect the use of compressed oxygen provided by an air carrier
for medical use by passengers during flight?
A. No. The prohibition
in the final rule under Docket HM-224 does not apply to oxygen, or any
hazardous material used for generation of oxygen, furnished by an aircraft
operator for medical use by a passenger under the provisions of §
175.10(a)(7).