TABLE OF CONTENTS

MOTOR CARRIER DIVISION UTAH DEPARTMENT OF TRANSPORTATION

Chapter 30 Hazardous Materials

The Federal Hazardous Materials Regulations, found in Title 49 of the Code of Regulations Parts 100 to 185, govern the transportation of hazardous materials in interstate and intrastate commerce. Utah has adopted the federal regulations governing hazardous materials transportation under R909-75.

Hazardous material regulations are complex. Federal regulations set standards for hazard classification, communications, performance-oriented packaging, shipping and transporting, transportation security and incident reporting. The regulations also set requirements for load securement, hazard segregation, training, driving, parking, and routing of hazardous materials shipments.

USDOT HAZARDOUS MATERIALS REGISTRATION PROGRAM

Shippers and carriers offering hazardous materials requiring placards are also required to register with the USDOT. Federal registration forms are available from Pipeline and Hazardous Materials Safety Administration (PHMSA) at (202) 366-4109, or via the Internet at http://hazmat.dot.gov/register.htm. For more information about the federal registration program call the USDOT at (800) 467-4922, FMCSA - Utah Division at (801) 963-0098, or the Motor Carrier Division at (866) 215-5399 or (801) 965-4892.

HAZARDOUS MATERIALS COMMUNICATIONS

49 CFR Part 172

Federal standards for hazardous material communication apply in Utah. They set the requirements for shipping papers, marking of packages and transport vehicles, labeling of packages, placarding of vehicles, and providing emergency response information.

SHIPPING PAPERS

49 CFR Part 172 subpart C

While transporting hazardous materials, a carrier must have a shipping paper in the cab of the motor vehicle that provides the proper description of the hazardous material. Hazardous materials shippers, offerors, and carriers must maintain a copy of the shipping paper, or an electronic image thereof, accessible fat the principal place of business, for 375 days after the material is accepted for transportation.

Carriers using a single shipping paper to document multiple shipments of a single hazardous material, may retain a single copy of the shipping paper if the carrier also retains a record of each shipment made, including shipping names, identification number, quantity transported, and date of shipment. No carrier shall accept hazardous materials for transportation unless the shipping paper is prepared in accordance with the requirements of 49 CFR Part 172.

The shipping paper must include:

Proper shipping name of the material as listed in the hazardous material table in 49 CFR Part 172.101.
Hazard class or division number of the material, as appropriate.
UN or NA identification number for the material.
Packing group, in Roman numerals, when required by the Hazardous Materials Table.
The date of acceptance by the initial carrier.
Any additional description information required for a specific material by the regulations.
Total quantity by net or gross mass, capacity, or as otherwise appropriate, including the unit of measure.
Emergency response telephone number that is monitored 24-hours a day by a person knowledgeable with the hazards of the material while it is in transport.
A written copy of emergency response information for the materials being transported.

Consult 49 CFR Part 172 subpart C for complete information on hazardous materials shipping papers.

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Chapter 30 Hazardous Materials

USDOT HAZARDOUS MATERIALS REGISTRATION PROGRAM

HAZARDOUS MATERIALS COMMUNICATIONS

49 CFR Part 172

SHIPPING PAPERS

49 CFR Part 172 subpart C

The shipping paper must include:

Proper shipping name of the material as listed in the hazardous material table in 49 CFR Part 172.101.
Hazard class or division number of the material, as appropriate.
UN or NA identification number for the material.
Packing group, in Roman numerals, when required by the Hazardous Materials Table.
The date of acceptance by the initial carrier.
Any additional description information required for a specific material by the regulations.
Total quantity by net or gross mass, capacity, or as otherwise appropriate, including the unit of measure.
Emergency response telephone number that is monitored 24-hours a day by a person knowledgeable with the hazards of the material while it is in transport.
A written copy of emergency response information for the materials being transported.

Consult 49 CFR Part 172 subpart C for complete information on hazardous materials shipping papers.

MARKING AND LABELING

49 CFR Part 172 subparts D & E 172.300 - 400

Marking is the display of DOT shipping names, identification numbers, packaging specification codes, and other required information on packaging or vehicles used to transport hazardous materials. Marking standards for non-bulk packaging differ from marks required on bulk packaging. Non-bulk packaging must be marked with the USDOT shipping name, non-bulk consignee/consignor name and address plus orientation marking if liquid, and the UN and NA identification number on the surface of the package. Marking required on bulk packaging depends on the package type and material carried. High hazard materials must be marked with additional safety information. Consult 49 CFR Part 172 subpart D for details on marking requirements.

Many hazardous materials packages must display DOT hazard class labels on the same surface of the package as the marking. Labels are color-coded devices indicating the hazard class of the material in the package. Some materials require more than one label to indicate that contents have more than one hazard. The Hazardous Materials Table should be consulted to find the required label(s) for each material. See 49 CFR Part 172 subpart D , for requirements and exceptions for hazard class labeling.

PLACARDS

49 CFR Part 172 subpart F

A vehicle or freight container containing hazardous material of a type or quantity that requires the vehicle to be placarded must be properly placarded on each end and each side as specified in 49 CFR Part 172.504 . Placarding of vehicles is the joint responsibility of the shipper and carrier. The placarding of a vehicle may trigger additional requirements for driver qualifications, vehicle operation, and carrier registration. Consult 49 CFR Part 172 subpart F for details on placarding.

SECURITY REQUIREMENTS FOR OFFERORS AND TRANSPORTERS OF HAZARDOUS MATERIALS

49 CFR Part 172 subpart I and 172.800

In the wrong hands, hazardous materials can pose a threat to security. Hazardous materials vehicles can be high jacked and the truck and its cargo used as a weapon. On March 25, 2003, the USDOT added a new subpart to Part 172 of the regulations. Subpart I, Security Plans, require shippers and transporters of certain listed hazardous materials to prepare and implement transportation security plans conforming to the standards set by USDOT. Security plans should address all threats to hazardous materials from external and internal sources. This could include terrorists, disgruntled employees, thieves or vandals. Security plans must be developed and implemented by September 25, 2003.

HAZARDOUS MATERIALS TRANSPORTATION SECURITY

Each person who offers or transports one of the following hazardous materials must develop and adhere to a transportation security plan:

Highway route controlled quantity of Class 7 radioactive materials.
More than 55 pounds (25 kg) of Division 1.1, 1.2, or 1.2 explosives.
More than 1 liter per package of Zone A Poisonous by Inhalation materials.
Shipments of hazardous materials in bulk packaging equal to or greater than 3500 gallons (13,248 liters) for liquids, or 468 cubic feet (12.24 cubic meters) for solid hazardous materials.
Shipments in non-bulk packaging of 5000 lbs. (2,238 kg) gross weight of one class of hazardous material that would require placarding of the transport unit.
Select agents of toxins regulated by the Centers for Disease Control and Prevention under 42 CFR Part 73, or
A quantity of hazardous materials that requires placarding.

The Transportation Security Plan must include an assessment of the transportation security risks for the listed materials(s), and appropriate measures to address the assessed risks. The security plan must include:

Personnel Security: Measures to confirm background information on persons hired after March 25, 2003 who handle and have access to the materials covered by the security plan (additional security background check requirements for hazmat licensed drivers is found in Commercial Drivers License section).
Unauthorized Access: Measures that address the risk that unauthorized persons may gain access to the covered hazardous materials, or the vehicles transporting those hazardous materials.
En-route Security: Measures to address the security risks of shipments while en route from origin to destination, including storage incident to transportation.

The security plan must be in writing, and retained while it is in effect. Copies of the plan, or sections of the plan, must be available to the employees responsible for implementing it, consistent with security clearances and a demonstrated need to know. Plans must be updated or revised as need, and are open to inspection by the DOT. The new Security Plan Regulation also revises training requirements for hazmat employers and their hazmat employees.

HAZARDOUS MATERIALS EMPLOYEE TRAINING

49 CFR Part 172 subpart H

All hazardous material employers shall ensure each of their hazmat employees are trained in accordance with the regulations found in 49 CFR Part 172 subpart H.

Each Hazmat employee must receive:

General awareness/familiarization to enable the employee to identify hazardous materials consistent with the USDOT communication standards.
Safety training, including emergency response information, product hazard information, and methods and procedures for avoiding accidents and handling packages.
Function specific training that covers the hazmat functions an employee performs.
Security awareness training for all hazmat employees of all hazmat employers. This training must include awareness of the security risks associated with the materials they handle, and how to recognize and respond to hazmat security threats. Security awareness training must be done as part a new employee's initial training, and all employees must receive it as part of their three-year systematic training.
In-depth security training is required for hazmat employees of persons required to have a security plan. Security training must include company security objectives, specific security procedures, employee responsibilities, actions, to take in event of a security problem, and the organizational security structure. In-depth security training must be completed by December 22, 2003.

New hazmat employees must complete training within 90 days of hire, and must work under direct supervision of a knowledgeable hazmat employee until the employee is tested and certified by the employer. Hazmat employees must be trained at least once every three years.

MATERIALS OF TRADE

A material of trade (MOT) is a hazardous material carried on a motor vehicle:

For the purpose of protecting the health or safety of the vehicle operator or passengers.
To support the operation or maintenance of a vehicle.
By a private carrier in direct support of a principal business that is not transportation.

The MOT rule provides exceptions from some of the hazardous materials communications and packaging requirements for persons that transport small amounts of hazardous materials used by the transporter in their business. Certain classes or divisions of hazardous materials are excluded from the MOT exceptions. See 49 CFR Part 173.6 for details.

DRIVING / PARKING / INSPECTION DURING HAZARDOUS MATERIALS TRANSPORTATION

49 CFR Part 177, 392, and 397

A carrier may not transport hazardous materials unless the vehicle is correctly marked and placarded. Also,

A vehicle transporting hazardous material required to be marked or placarded must stop at railroad crossings and must make sure no train is approaching before crossing the tracks.
A driver operating a marked or placarded vehicle must examine each tire at the beginning of the trip and each time the vehicle is parked. Defective tires must be replaced or repaired before the vehicle is driven.
Marked or placarded hazardous materials vehicles shall be operated over routes that do not go through or near heavily populated areas, places where crowds assemble, tunnels, narrow streets, except when there is no practicable alternative.
A vehicle must not be parked within five feet of a public street or highway except for brief periods when necessities of operation make it impracticable to park in any other place.
No person may smoke or carry a lighted cigarette, cigar, or pipe within 25 feet of a motor vehicle that contains explosives, oxidizing materials, flammable materials, or an empty cargo tank vehicle that previously contained those materials.

If a motor carrier requires or permits a vehicle containing explosives in divisions 1.1, 1.2, or 1.2 to be operated, the carrier must give the driver a written route plan. If a motor carrier is transporting radioactive material, they must file a route control plan as defined in 397.101.

TELEPHONE NOTIFICATION TO THE USDOT

49 CFR Part 171.15

As soon as practical, but no later than 12 hours after the occurrence of any incident, each person in physical possession of the hazardous materials must provide notice by telephone to the National Response Center (NRC) at (800) 424-8802 or (202) 267-2675, when:

As a direct result of the hazardous material:
- A person is killed.
- A person receives injuries requiring admittance to a hospital.
- The general public is evacuated for one hour or more.
- A major transportation artery or facility is closed for one hour or more.
- The operational flight pattern or routine of an aircraft is altered;
Fire, breakage, spillage or suspected contamination occurs involving an infectious substance other than a diagnostic specimen or regulated medical waste.
A release of a marine pollutant occurs in a quantity exceeding 119 gallons (450 L) for a liquid or 882 lbs (400 kg) for a solid.
A situation exists of such a nature (e.g. a continuing danger to life exists at the scene of the incident) that the person in possession believes it should be reported to the NRC.

Incidents involving an infectious substance, notice may be given to the Centers for Disease Control and Prevention at (800) 232-0124, in place of the notice to the NRC.

All incidents requiring telephone notification to the NRC or the CDC, must also be reported to the USDOT in writing pursuant to 49 CRR Part 171.16.

WRITTEN INCIDENT REPORTS TO USDOT

49 CFR Part 171.16

Each person in physical possession of a hazardous material at the time that an incident occurs requiring telephone reporting to the USDOT per Part 171.15(a), or at the time any of the following occurs must submit a written Hazardous Materials Incident Report to the USDOT within 30 days of the discovery of the incident, if:

An unintentional release of hazardous material or discharge of hazardous waste.
A specification cargo tank with a capacity of 1,000 gallons (3,786 liters) or greater, containing any hazardous material, suffers structural damage, (damage serious enough to bring into question the integrity of the tank, or to require repairs beyond cosmetic repair) even if there is no release of hazardous materials.
An undeclared hazardous material is discovered in transportation.

Written reports may be submitted electronically or as hard copies to the USDOT. Access their website at http://hazmat.dot.gov for addresses and details. A copy of the report must be maintained at the reporter's principal place of business for two years.

UPDATING THE WRITTEN INCIDENT REPORT

An updated Hazardous Materials Incident Report must be filed with the USDOT within one year of the incident whenever:

A death results from injury caused by the hazardous material.
There was a misidentification of the hazmat or packaging information on the original report.
Damage, loss or related cost was not known when the initial report was filed.
Damage, loss, or related cost changes by $25,000 or more, or 10% of the prior total estimate.

EXCEPTIONS TO WRITTEN INCIDENT REPORTS

Unless a telephone incident report was filed, no written report is required for:

Release of a minimal amount of hazardous material from:
- A vent, for materials for which venting is authorized.
- The routine operation of a seal, pump, valve, or compressor.
- Connection or disconnection of loading or unloading lines provided the release does not result in property damage.
An unintentional release of hazardous material when:
- The material is properly classed as:
  - ORM-D Consumer Commodity
  - A packaging group III material in Class or Division 3, 4, 5, 6.1, 8, or 9.
  - Each package has a capacity of less than 20 liters for liquids or 3 kg for solids.
  - The total aggregate release is less than 20 liters for liquids or 30 kg for solids.
  - The material is not a hazardous waste or undeclared hazardous materials, or offered for transportation by aircraft.

ADDITIONAL INFORMATION

For further information regarding the Hazardous Materials Regulations contact the Motor Carrier Division at (801) 965-4892 or (866) 215-5399, or the Federal Motor Carrier Safety Administration - Utah Division Office at (801) 963-0098, visit http://hazmat.dot.gov, or by emailing mccustomerservice@utah.gov.