D.O.T. Hazardous Material Requirements
Hazardous Material: DOT defines a hazardous material as any item or chemical which, when being transported or moved in commerce, is a risk to public safety or the environment, and is regulated as such under its Pipeline and Hazardous Materials Safety Administration regulations (49 CFR 100-199), which includes the Hazardous Materials Regulations (49 CFR 171-180). In addition, hazardous materials in transport are regulated by the International Maritime Dangerous Goods Code; Dangerous Goods Regulations of the International Air Transport Association; Technical Instructions of the International Civil Aviation Organization; and U.S. Air Force Joint Manual, Preparing Hazardous Materials for Military Air Shipments.
Executive Summary:
The transportation of hazardous materials is something that our cooperatives will generally stay below the threshold that would allow us to operate under the materials of trade rules. However, there are those times when this is not true and for those times we must understand the rules as they pertain to us. The information within this section will aid you in being compliant with some of the more common hazardous materials that we may transport. The main hazardous materials that will be highlighted in the section is gasoline, diesel, oils, and batteries. The information within this document was prescribed by the U.S. Department of Transportation in Title 49 CFR Parts107, 171-180 and 390-397. Please reference these parts for any further questions on the transportation of hazardous material not covered.
§279.43 Used oil transportation.
(a)Deliveries. A used oil transporter must deliver all used oil received to:
(1) Another used oil transporter, provided that the transporter has obtained an EPA identification number;
(2) A used oil processing/re-refining facility who has obtained an EPA identification number;
(3) An off-specification used oil burner facility who has obtained an EPA identification number; or
(4) An on-specification used oil burner facility.
(b)DOT Requirements. Used oil transporters must comply with all applicable requirements under the U.S. Department of Transportation regulations in 49 CFR parts 171 through 180. Persons transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8 must comply with all applicable regulations in 49 CFR parts 171 through 180.
(c)Used oil discharges.
(1) In the event of a discharge of used oil during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).
(2) If a discharge of used oil occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters who do not have EPA identification numbers.
(3) An air, rail, highway, or water transporter who has discharged used oil must:
(i) Give notice, if required by 49 CFR 171.15, to the National Response Center (800-424-8802 or 202-426-2675); and
(ii) Report in writing as required by 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590.
(4) A water transporter who has discharged used oil must give notice as required by 33 CFR 153.203.
(5) A transporter must clean up any used oil discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.
[ 57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26425, May 3, 1993; 71 FR 40280, July 14, 2006]
DIESEL FUEL carried in bulk (greater than 119 gallons)
Containers must comply with the following:
1. The container must be marked on one side as follows:
- Diesel Fuel
- NA 1993
2. The package/container must be labeled with a class 3, combustible label.
3. Shipping Papers must be immediately available upon request along with an MSDS sheet for diesel fuel (within driver’s reach). If work is the result of a declared emergency a copy of the Emergency Declaration from www.modot.org/mcs must be kept in the vehicle.
4. The driver must obtain a Commercial Driver License with a hazardous materials endorsement. Tanker endorsement required when operating a tanker trailer. The driver and vehicle must meet several other federal DOT requirements.
5. At quantities weighing 1,000 pounds or more, the vehicle must be placarded on both ends and both sides. A four-digit hazardous material identification number must be on the placard or on an accompanying orange panel or a white square-on-point sign.
UN1993
Emergency Relief
Relief from the Federal Motor Carrier Safety Regulations (FMCSR), Parts 390 – 399 is provided in the event of a state of emergency declared by the President of the United States or Governor of a State. This does not provide relief from the above referenced regulations, as they are in parts 383 of the FMCSR and there is no relief from the Hazmat Regulations (Parts 100 –185).
GASOLINE carried in quantities greater than 8 gallons per container
Containers must comply with the following:
1. The package/container must be marked on one side as follows:
- Gasoline
- UN1203
2. The package/container must be labeled with a class 3, flammable liquid label.
3. Shipping Papers must be carried along with an MSDS sheet for gasoline (within driver’s reach). If work is the result of a declared emergency a copy of the Emergency Declaration from www.modot.org/mcs must be kept in the vehicle.
Gasoline carried in excess of 119 gallons must comply with items 1-3 above as well as the following:
1. The driver must obtain a Commercial Drivers License with a hazardous materials endorsement. Tanker endorsement required when operating a tanker trailer.
2. The vehicle must be placarded on both ends and both sides. A four-digit hazardous material identification number must be on the placard or on an accompanying orange panel or a white square-on-point sign.
UN1203
Emergency Relief
Relief from the Federal Motor Carrier Safety Regulations (FMCSR), Parts 390 – 399 is provided in the event of a state of emergency declared by the President of the United States or Governor of a State. This does not provide relief from the above referenced regulations, as they are in parts 383 of the FMCSR and there is no relief from the Hazmat Regulations (Parts 100 –185).
BATTERIES carried in quantities greater than 1,000 lbs of Sulfuric Acid
Containers must comply with the following:
1. The package/container must be marked on one side as follows:
- Batteries, wet, filled with acid, electric storage
- UN2794
2. The package/container must be labeled with a class 8, Corrosive label.
3. Shipping Papers must be carried along with an MSDS sheet for the batteries (within driver’s reach). If work is the result of a declared emergency a copy of the Emergency Declaration from www.modot.org/mcs must be kept in the vehicle.
Batteries carried in excess of 1,000 lbs of Sulfuric Acid must comply with items 1-3 above as well as the following:
1. The driver must obtain a Commercial Drivers License with a hazardous materials endorsement.
2. The vehicle must be placarded on both ends and both sides
Emergency Relief
Relief from the Federal Motor Carrier Safety Regulations (FMCSR), Parts 390 – 399 is provided in the event of a state of emergency declared by the President of the United States or Governor of a State. This does not provide relief from the above referenced regulations, as they are in parts 383 of the FMCSR and there is no relief from the Hazmat Regulations (Parts 100 –185).
Training for Driver Hauling Greater Amounts of Hazardous Materials
All personnel involved in the shipment of hazardous materials (including hazardous waste) are required to receive initial DOT hazardous materials training and recurrent training every three years. According to 49 CFR 172.704, DOT hazardous materials training is required for personnel classified as “hazmat employees,” defined at 49 CFR 171.8 as employees who perform any job functions that affect the safe transportation of hazardous materials, including personnel who:
- Load, unload, or handle hazardous materials
- Label, mark, inspect, or design containers
- Place hazardous materials into containers
- Prepare hazardous materials for transportation
- Prepare bills of lading or hazardous waste manifests
- Operate a vehicle used to transport hazardous materials
Transportation of Hazardous Materials; Driving and Parking Rules (49 CFR-397)
§397.1 Application of the rules in this part.
(a) The rules in this part apply to each motor carrier engaged in the transportation of hazardous materials by a motor vehicle which must be marked or placarded in accordance with §177.823 of this title and to—
(1) Each officer or employee of the motor carrier who performs supervisory duties related to the transportation of hazardous materials; and
(2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials.
(b) Each person designated in paragraph (a) of this section must know and obey the rules in this part.
[36 FR 4876, Mar. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]
§397.2 Compliance with Federal motor carrier safety regulations.
A motor carrier or other person to whom this part is applicable must comply with the rules in parts 390 through 397, inclusive, of this subchapter when he/she is transporting hazardous materials by a motor vehicle which must be marked or placarded in accordance with §177.823 of this title.
[37 FR 18080, Sept. 7, 1972]
§397.3 State and local laws, ordinances, and regulations.
Every motor vehicle containing hazardous materials must be driven and parked in compliance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated, unless they are at variance with specific regulations of the Department of Transportation which are applicable to the operation of that vehicle and which impose a more stringent obligation or restraint.
§397.5 Attendance and surveillance of motor vehicles.
(a) Except as provided in paragraph (b) of this section, a motor vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive) material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it.
(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
(3) The vehicle is within the bailee's unobstructed field of view or is located in a safe haven.
(c) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3, materials, and which is located on a public street or highway, or the shoulder of a public highway, must be attended by its driver. However, the vehicle need not be attended while its driver is performing duties which are incident and necessary to the driver's duties as the operator of the vehicle.
(d) For purposes of this section—
(1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his/her unobstructed field of view.
(2) A qualified representative of a motor carrier is a person who—
(i) Has been designated by the carrier to attend the vehicle;
(ii) Is aware of the nature of the hazardous materials contained in the vehicle he/she attends;
(iii) Has been instructed in the procedures he/she must follow in emergencies; and
(iv) Is authorized to move the vehicle and has the means and ability to do so.
(3) A safe haven is an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing Division 1.1, 1.2, or 1.3 materials.
(e) The rules in this section do not relieve the driver from any obligation imposed by law relating to the placing of warning devices when a motor vehicle is stopped on a public street or highway.
[59 FR 63925, Dec. 12, 1994, as amended at 77 FR 59828, Oct. 1, 2012]
§397.7 Parking.
(a) A motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must not be parked under any of the following circumstances—
(1) On or within 5 feet of the traveled portion of a public street or highway;
(2) On private property (including premises of fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or
(3) Within 300 feet of a bridge, tunnel, dwelling, or place where people work, congregate, or assemble, except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place.
(b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place.
[59 FR 63925, Dec. 12, 1994]
§397.9 [Reserved]
§397.11 Fires.
(a) A motor vehicle containing hazardous materials must not be operated near an open fire unless its driver has first taken precautions to ascertain that the vehicle can safely pass the fire without stopping.
(b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire.
§397.13 Smoking.
No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of—
(a) A motor vehicle which contains Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2; or
(b) An empty tank motor vehicle which has been used to transport Class 3, flammable materials, or Division 2.1 flammable gases, which when so used, was required to be marked or placarded in accordance with the rules in §177.823 of this title.
[59 FR 63925, Dec. 12, 1994]
§397.15 Fueling.
When a motor vehicle which contains hazardous materials is being fueled—
(a) Its engine must not be operating; and
(b) A person must be in control of the fueling process at the point where the fuel tank is filled.
§397.17 Tires.
(a) A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked.
(b) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire if found to be flat, leaking, or improperly inflated, the driver must cause the tire to be repaired, replaced, or properly inflated before the vehicle is driven. However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, or inflation.
(c) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire is found to be overheated, the driver shall immediately cause the overheated tire to be removed and placed at a safe distance from the vehicle. The driver shall not operate the vehicle until the cause of the overheating is corrected.
(d) Compliance with the rules in this section does not relieve a driver from the duty to comply with the rules in §§397.5 and 397.7.
§397.19 Instructions and documents.
(a) A motor carrier that transports Division 1.1, 1.2, or 1.3 (explosive) materials must furnish the driver of each motor vehicle in which the explosives are transported with the following documents:
(1) A copy of the rules in this part;
(2) [Reserved]
(3) A document containing instructions on procedures to be followed in the event of accident or delay. 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.
(b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. The motor carrier shall maintain the receipt for a period of one year from the date of signature.
(c) A driver of a motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must be in possession of, be familiar with, and be in compliance with
(1) The documents specified in paragraph (a) of this section;
(2) The documents specified in §177.817 of this title; and
(3) The written route plan specified in §397.67.
Rob LeForce, AECI, revised 12/19/2017