Environmental Law: Transportation of Hazardous Materials
Introduction
Transporting hazardous materials, including waste, is treated separately under the law from treatment, storage, and disposal of such waste. Both the Environmental Protection Agency and the Department of Transportation regulate transporters of hazardous waste. The EPA's role is to ensure compliance with record keeping, labeling and shipping manifest regulations. The Department of Transportation has a more elaborate role, enforcing specific rules concerning the handling, stowage and inspection of hazardous materials shipped by rail, air, water and highway.
DOT and EPA Regulations
The transportation of hazardous materials has the potential to cause serious environmental and health problems in the event of an accident. For this reason, environmental and transportation laws and regulations specify procedures for accepting, loading, stowing, labeling and transporting hazardous materials. The EPA has a role in this process under the Resource Conservation and Recovery Act (RCRA). In addition, the Department of Transportation regulates hazardous substance transportation under the Hazardous Materials Transportation Act (HMTA). States may impose additional licensing requirements or other regulations.
Entities that transport hazardous waste are required to secure an EPA identification number. All waste accepted for transport must be accompanied by a properly executed manifest, or shipping paper. The transporter, or each of them if there are several, must ensure that the manifest stays with the shipment until it reaches its final destination. In addition, the transporter must label the hazardous materials according to specific rules and using specific language and markings.
The hazardous material being shipped must be described in the shipping paper. The description must include the proper name of the material, its hazard class as defined under the regulations, and the total quantity of the material being shipped. Special rules apply to materials that are radioactive, poisonous, explosive, marine pollutants, or substances with elevated temperature. In addition, the hazardous materials must be marked on their containers according to specific marking requirements. If a container does not contain hazardous material, it cannot be marked to indicate that it does.
The HMTA regulations also specify methods of preparing hazardous materials for shipment, as well as restrictions on type of transportation. Some materials may not be shipped by certain means; for example, sulfur chlorides may be shipped by cargo plane, but not by passenger plane or by train. Certain explosives and magnetic substances are also restricted, as are devices that generate sparks or heat, and materials that decompose.
In the event of a spill or discharge of hazardous waste, EPA regulations require the transporter to take immediate appropriate action to protect human health and the environment. The transporter must also notify EPA's National Response Center. For spills on water, bulk water transporters must notify the Coast Guard under the Clean Water Act. The HMTA has additional requirements for emergencies and spills. A transporter must notify the DOT if any of the following occurs: a person is killed or hospitalized; property damage of $50,000 or more; evacuation of an hour or more; one or more major transportation routes or facilities is closed for one hour or more; the flight pattern of aircraft is altered; or the incident involves radioactive materials, infectious substances, or the release of a marine pollutant. The carrier must also notify DOT if he or she feels the situation warrants a report. Following any accident, the transporter must fill out a detailed hazardous materials incident report.
The regulations provide special rules for transportation by rail, by air, by vessel, and by public highway. A rail carrier must inspect each rail car for required markings, labels, and placards and ensure that it is not leaking and that seals are properly closed. Rail carriers must move the materials promptly and can unload or temporarily store them only in accordance with specific requirements. Congress had to amend RCRA to allow rail carriers brief periods of storage en route without becoming subject to the laws concerning facilities that treat, store or dispose of hazardous waste. Generally, a rail carrier may temporarily hold hazardous materials for a period of ten days during transport. States may impose additional restrictions. No rail carrier can accept or ship materials without proper shipping papers.
The rail transport provisions also include handling and loading requirements. Packages containing hazardous materials must be loaded so that they cannot fall or slide, or be struck by other freight that would damage the containers. When this is not possible by placement alone, the rail carrier must brace the packages to prevent damage. Only trained personnel may handle the unloading of tank cars. Cars being unloaded must have their brakes set and wheels blocked. Tank pressure must be relieved prior to unloading and warning signs must be used during unloading. Once unloading is completed, unloading connections must not remain attached. The regulations also specify that certain hazardous substances may not be loaded or stored with other substances. The purpose here is to reduce the possibility of fire, explosion, or the release of toxic or radioactive materials.
Air carriers have their own special rules. No air carrier can accept a hazardous material unless it is authorized and within specified quantity limits for the material, described in a properly prepared shipping paper, and labeled and marked properly. The operator of the aircraft must notify the pilot of the hazardous substances on board, their quantity, and location on the airplane. The operator must also confirm that none of the packages are damaged or leaking. The quantity and storage location of hazardous materials is restricted. Materials that could react with one another in the event of a leak may not be placed in close proximity. Cargo must be oriented properly (correct side or end up) and secured in such a way as to prevent movement of the materials. Once the materials are removed, the stowage area must be inspected to ensure that no leakage occurred during transit. Any leakage or contamination discovered must be properly cleaned to remove any danger. It is unlawful to load a package that is damaged or appears to be leaking. Poisonous, infectious and radioactive materials are subject to special rules. Plutonium also has special regulations, including a prohibition against its carriage with certain explosives.
A carrier may not transport hazardous materials by vessel unless its employees are properly trained. Coast Guard enforcement officers may board any vessel in U.S. waters to inspect any shipment. The person responsible for packing or loading a freight container or transport vehicle containing hazardous materials must certify several things to the operator of the vessel. The freight container must be serviceable for the materials loaded within it, must be properly marked and labeled, and must contains no incompatible materials. If it contains packages, they must have been inspected and properly marked. The vessel must also carry a dangerous cargo manifest, to be kept in a holder on or near the vessel's bridge. The manifest must include the name, number and nationality of the vessel; a list of the hazardous materials on board; the number, description and gross weight of the packages containing hazardous materials; and the stowage location of the materials on the vessel.
Once stowage is complete, the carrier or its agents shall arrange for inspection of each hold or compartment containing hazardous materials at least every 24 hours thereafter to ensure the cargo is in safe condition and that no damage has occurred to it. In the event of an emergency threatening human life or substantial hazard to property, hazardous materials may be jettisoned if the ship's master believes it is necessary.
Stowage and handling of hazardous materials must be in accordance with specific rules. The holds of the vessel must be properly prepared to accept the hazardous cargo. Bilges must be examined and residue of previous cargo removed, along with any debris that could constitute a fire hazard, or other materials that could obstruct loading and unloading. Hazardous materials must be stored in a manner that facilitates inspection or removal in the event of a fire or other dangerous situation.
The regulations also contain a table specifying the segregation of various materials aboard the vessel. The purpose of segregating certain materials is to minimize the risk of explosion or fire, or the formation of highly corrosive or unstable substances. Barges and ferry vessels have special rules. Explosive and flammable materials must be protected from electrical devices, lightening, fire, bad weather, and electromagnetic radiation.
Drivers who carry hazardous materials by highway must be properly trained. Special state rules may apply to transport through tunnels. Explosive, flammable, corrosive, poisonous and radioactive materials must be properly handled to minimize their dangers. As with the other forms of carriage, certain materials must be segregated to reduce the risk of dangerous chemical reactions. If the vehicle is stopped on the highway for a reason other than a normal stop, the driver must take precautions to protect the vehicle and its contents, including setting up warning devices.
Conclusion
Transporting hazardous materials is a potentially dangerous, yet essential activity. Those who handle this job must follow detailed regulations to reduce risks to property, the environment and human life. Monetary penalties for violating the law range from $250 to $27,500 per day for a continuing violation. Those who transport hazardous waste should therefore take care to comply with all EPA and DOT requirements, as well as supplemental state laws.
© FindLaw. All rights reserved.
