p.1 

PICK-UPDATE: 3/8/2007 

BOX 10 OF 10 

Step 2: FOR ASRC INTERNAL USE 

ONLY 

(PART A of B) 

EPA DOCKET ID: 102RQ-RN 

1) INDEX 

3) 102RQ-RN-1-2 

5) 102RQ-RN-1-4 

7) 102RQ-RN-1-6 

9) <l62RQ-RN-3^r> 

11) 102RQ-RN-3-3 

13) 102RQ-RN-2-1-2 

15) 102RQ-RN-2-1-4 

17) 102RQ-RN-2-2-1 

19) 102RQ-RN-2-3-1 

21) 102RQ-RN-2-4-2 

23) 102RQ-RN-2-4-4 

25) 102RQ-RN-2-4-6 

27) 102RQ-RN-2-4-8 

29) 102RQ-RN-2-4-10 

31) 102RQ-RN-4-2 

33) 102RQ-RN-4-4 

35) 102RQ-RN-4-6 

37) 102RQ-RN-4-8 

39) 102RQ-RN-5-1 

Step 3: FOR ASRC INTERNAL USE 

ONLY 

CD: 

OA: / 

2) 102RQ-RN-1-1 

4) 102RQ-RN-1-3 

6) 102RQ-RN-1-5 

8) 102RQ-RN-1-7 

10) 102RQ-RN-3-2 

12) 102RQ-RN-2-1-1 

14) 102RQ-RN-2-1-3 

16) 102RQ-RN-2-1-5 

18) 102RQ-RN-2-2-2 

20) 102RQ-RN-2-4-1 

22) 102RQ-RN-2-4-3 

24) 102RQ-RN-2-4-5 

26) 102RQ-RN-2-4-7 

28) 102RQ-RN-2-4-9 

30) 102RQ-RN-4-1 

32) 102RQ-RN-4-3 

34) 102RQ-RN-4-5 

36) 102RQ-RN-4-7 

38) 102RQ-RN-4-9 

40) 102RQ-RN-5-2 

Step 1: FOR ASRC INTERNAL USE ONLY / ] 

Are there more documents for this Docket in another box? /YES// NO 

*Fill out Continuation Sheet and go to Step 2 — ^ 

Internal SFUND Box Number 35 OF 283 

Initials/Date: LDS / 3-8-2007 
P.2 

. 

© 

US. Department 

of Transportation 

United States 

Environmental Protection 

Agency 

Office of Solid Waste & 

Einergency Response 

Washington, DC 20460 

SW-935 

Solid Waste 

EPA/DOT: 

Hazardous Waste 

Transportation Interface 

Guidance Manual 

t 
P.3 

GUIDANC E MANUA L 

i ENVIRONMENTAL PROTECTION AGENCY -

DEPARTMENT OF TRANSPORTATION: 

HAZARDOUS WASTE TRANSPORTATION INTERFACE 

This guidance manual (SW-935) was prepared by 

Elaine V. Schosman and Donna M. Inman for 

the Office of Solid Waste and 

Emergency Response 

. 

U.S. ENVIRONMENTAL PROTECTION AGENCY 

1981 
P.4 

i 

_ 

I. Introduction 

The Resource Conservation and Recovery Act of 1976, directs 

the Administrator of the Environmental Protection Agency, under 

Subtitle C of the Act, to promulgate regulations ensuring the 

proper transportation, treatment, storage and/or disposal of all 

wastes defined as hazardous. Section 3003 of the Act (RCRA) 

requires EPA to develop standards applicable to transporters of 

hazardous wastes as may be necessary to protect both human health 

and the environment. Further, this section of the Act (RCRA) 

states under paragraph (b) that "in case of hazardous wastes 

identified or listed under this subtitle which are subject to the 

Hazardous Materials Transportation Act (88 Stat. 2156, 49 USC 

1801 and following), the regulations promulgated by the Administrator 

under this section must be consistent with the requirements of 

the Hazardous Materials Transportation Regulations." 

In order to best achieve consistency between the EPA and 

Department of Transportation regulations, a substantial portion 

of the Hazardous Waste Regulations regarding the standards 

applicable to transporters corresponds with the Hazardous Materials 

Transportation Regulations (HMTR) already promulgated by the DOT. 

Moreover, the DOT has amended the HMTR to incorporate most of the 

regulatory requirements set forth by RCRA. Thus, since both EPA 

and DOT regulate in-transit management of hazardous waste, it was 

necessary that the corresponding enforcement responsibilities 

of each Agency be defined. To fulfill this need, EPA and DOT 

jointly adpoted a Memorandum of Understanding (MOU) defining 

to what extent each Agency is responsible for enfrocement of 

these regulations (see Appendix V). 

This Guidance Manual has been developed to explain the 

interface which occurs between the DOT and EPA regulations when 

hazardous wastes are transported. The Manual will not address 

those sections of the HMTR dealing with transportation by 

pipeline (Part 195 of HMTR) primarily because the EPA regulations under sections 265.1 and 260.10 of the Hazardous Waste 

Regulations do not apply to pipeline transportation; and thus, 

no interface occurs in this particular area. However, this 

manual wil address the types of practical questions that 

continue to arise regarding the EPA and DOT requirements for 

hazardous wastes transportation. For instance: 

Q: What kinds of containers may be used for transporting 

hazardous wastes? 

Q: Will trucks hauling hazardous wastes have to be placarded 

on the outside to declare their wastes? 

Q: How can a DOT proper shipping name be developed for 

a mixture of hazardous waste? 

- K D -
P.5 

Q: As a small quantity generator excluded under section 

261.5, do wastes have to be placarded? 

Q: Are hazardous waste shipments restricted from certain 

modes of transportation? 

Q: Can all hazardous wastes be classified according to 

the DOT hazard class systems? 

In response to these and other questions, the following 

manual will provide the practical guidance needed for interpreting 

the HMTR. The manual will discuss each of the major sections of 

the HMTR and explain how the Hazardous Waste Regulations apply to 

or add to the HMTR for the transportation of hazardous waste. 

I 

I 

- K2) -
P.6 

i 

II. The Hazardous Materials Transportation Regulations, 

Title 49 

A. General Scope and Description of the HMTR 

Effective implementation of the Hazardous Waste Regulations 

hinges on a clear understanding of the HMTR found in Title 49. 

Moreover, it is essential for all persons involved with the 

transportation of hazardous wastes to become familiar with each 

Agency's role in this expansive field. 

The Department of Transportation has the authority to 

regulate the interstate and intrastate transportation of hazardous 

materials under the Hazardous Materials Transportation Regulations 

(49 CFR 100 - 199). The regulations address all modes of transportation (air, rail, highway, waterway and pipeline). DOT has 

established requirements for shipping papers, proper containers, 

marking and labeling of containers, placarding of vehicles, and 

incident reporting. 

According to a past interpretation by the Office of Hazardous Materials Operations, any material, including waste, 

which meets the DOT criteria of a hazardous material must be 

handled according to the appropriate requirements of the HMTR. 

The Office of Hazardous Materials newsletter of April/May 1977 

stated,"There have been numerous inquiries to the Office of 

Hazardous Materials Operations regarding the applicability 

of the Department's Hazardous Materials Regulations to the 

transportation of waste materials. These regulations are 

structured to apply to any material that may pose undue 

hazard in transportation and, as such, do not differentiate 

between waste and other than waste materials. If, after processing, a material meets the definition of a hazardous material, 

then that material must be classed and shipped in accordance 

with the requirements prescribed for the hazard associated with 

the material. 

The Department's Hazardous Materials Regulations apply to 

any material regardless of its end use and the fact that a 

material is considered a waste material does not relieve application of these regulations." 

The DOT reconfirmed this 1977 interpretation of hazardous 

wastes on May 22, 1980, when it specifically included the transportation of hazardous wastes in the HMTR. In section 171.3 of 

theMay 22 amendments, the DOT states, "No person may offer for 

transportation or transport a hazardous waste ( as defined in 

section 171.8 of this subchapter) in interstate or intrastate 

commerce except in accordance with the requirements of the HMTR." 

Section 171.8 defines hazardous wastes as "any material

 uhat is 

subject to the hazardous waste manifest requirements of the EPA 

specified in 40 CFR 262 ... " In addition, DOT has created a 

new ORM-E hazard class to accomodate those hazardous wastes which 

are regulated by EPA, but would not otherwise fall into one of 

the hazard classes previously developed by DOT. 

- 11(A) 1 -
P.7 

In light of these new DOT amendments, and the specific 

requirements set forth by EPA for hazardous waste transportation, 

all shippers and carriers according to the DOT terminology, and 

generators and transporters according to the EPA terminology, 

are required to comply with the DOT marking, labeling, placarding, 

packaging and other shipping requirements when offering hazardous 

wastes for intrastate, interstate, and international transportation. 

I 

I 

- 11(A) 2 
P.8 

t 

B. Hazardous Materials Table 

Introduction 

The Hazardous Materials Table (Table) found in section 172.101 

of the HMTR provides the basis for understanding the Hazardous Material 

Transportation Regulations. The Table lists those materials and 

wastes designated by the DOT as hazardous for the purposes of 

transportation.lt also identifies the proper shipping names, hazard 

classifications, United Nations/North American identification numbers 

and references the requirements for labeling, packaging and shipping 

procedures for the designated hazardous materials or hazardous wastes. 

The key feature to the Table is that it compiles the regulations into 

an index which shippers (generators) and carriers (transporters) can 

use to readily ascertain whether a specific material or waste they 

wish to offer or transport is hazardous, and if it is, what procedures 

they must follow to transport it. 

The following section of this Manual will explain how the 

Hazardous Materials Table is used for the transportation of hazardous 

wastes. Although the Table principally addresses hazardous materials, 

it also incorporates all the wastes regulated by EPA. To use the 

Table specifically for hazardous wastes, it must first be remembered 

that DOT views hazardous wastes as a subset of hazardous materials. 

Thus, a hazardous waste will always be regarded by DOT as a hazardous 

material subject to certain additional requirements set forth by both 

DOT and EPA. One such requirement, for example, is the inclusion of 

the word "Waste" as the first word of the DOT proper shipping name of 

a listed hazardous material when the material is shipped as a waste. 

Another example includes the use of a manifest in addition to a 

DOT shipping paper, for the transportation of a hazardous waste. 

If a manifest also meets all the DOT shipping paper requirements, 

it may be used as a shipping paper. In considering the following 

discussion of the Hazardous Materials Table, remember that all of 

the general rules , as well as the specific requirements for shipping 

a hazardous material also apply to shipments of hazardous wastes. 

I 

- II(B) 1 -
2. How To Use The Hazardous Materials Table 

P.9 

The Hazardous Materials Table (HMT) found in section 

172.101 of the HMTR is divided into seven (7) major columns. 

The columns reference certain sections of the Hazardous 

Materials Transportation Regulations (HMTR), as well as 

outline specific requirements to be followed by shippers and 

carriers of DOT listed hazardous materials or hazard classes. 

Figure I - Representative section from The Hazardous Material Table 

§ 172.101 Haiardou* Mat-Halt Tabl* 

(11 

+ / 

B/ 

M 

W 

E 

EA 

B 

B 

E 

B 

12) 

Hazardous material! descriptions and proper 

•hipping namrri 

Accumulator, pressurized fpntumatk or 

hydnulict. containing nonflammable gas 

Acetal 

Acetaldehyde {ethyl aldehyde) (RQ-1000/ 

Acculdehyde ammonia (RQ-1000/434) 

Acetic acid (aqueous solution) (RQ-1000/ 

454) 

Acetic acid, glacial (RQ-1000/454) 

Acetic anhydride (RQ-I0O0/4S4) 

Acetone 

Acetone cyanohydrin (RQ-I0/4.S4) 

Acetone oil 

(81 

Hasan) 

class 

Nonflammable 

«»» 

Flammable 

liquid 

FUmmable 

liquid 

ORM-A 

Corrosive 

material 

Corrosive 

material 

Oorrorive 

material 

Flammable 

liquid 

Poison R 

Flammable 

liquid 

(HA) 

Identification 

number 

NAI956 

tlNlORH 

UNION 

UNI84I 

UNV790 

IIN2789 

11NIT1R 

UN1090 

tINlMI 

tlNlOOl 

<4» 

LebrKs) 

required 

lit not 

escepted) 

Nonflammable 

Sf 

Flammable 

liquid 

Flammable 

liquid 

None 

Corrosive 

Corrosive 

Corroiive 

Yiammabte 

liquid 

Poison 

Flammable 

liquid 

(SI 

Packaging 

(a) 

Esceptions 

173.306 

173.118 

None 

173.505 

173.244 

173.244 

173.244 

173.118 

None 

173.118 

lb) 

Specifir 

requirements 

173.1 IA 

I73.1IB 

173.51(1 

173.245 

173.245 

173.24.1 

173.119 

173.346 

173.110 

. (« 

Maximum net quantity 

in one package 

(a) 

Passenger 

carrying 

airrraft or 

railcar 

No limit 

1 quart 

Forbidden 

No limit 

1 quart 

1 quart 

1 quart 

1 quart 

Forbidden 

1 quart 

lb) 

Cargo 

only 

aircraft 

No limit 

10 gallons 

10 gallons 

No limit 

10 gallons 

10 gallons 

1 gallon 

10 gallons 

5ft gallons 

10 gallons 

(7) 

Water shipments 

(a) 

Cargo 

vessel 

1.2 

1.3 

1.3 

1.2 

1.2 

1.2 

1.2 

1.3 

1 

1,2 

(bl 

Passenger 

vessel 

1.2 

4 

5 

1,2 

1.2 

1.2 

1,2 

4 

5 

1 

If) 

Other requirements 

Stow separate from nitric acid or oxidising 

materials 

Stow separate from nitric acid or oxidizing 

materials Segregation ssme as for flammable liquidr, 

Shade from radiant heat. Stow away Irom corrosive materials 

COLUMN (1): +/E/A/W 

This column contains four (4) symbols, "+", "E", "A", 

"W", which correspond to the listed hazardous materials/wastes 

and hazard classes as appropriate. When any one of the 

symbols or combinations of symbols are used in this column, 

they should be interpreted as follows: 

"+" The use of a plus (+) before any material indicates that 

both the listed proper shipping name and hazard class of the 

material cannot be changed regardless of whether the material 

actually meets the definition of the specified hazard class. 

(See Appendix II for a list of definitions of hazard classes). 

Any changes, including the use of an alternate shipping name or 

hazard class, must be authorized by the Associate Director for 

the Office of Hazardous Materials Regulation, Materials 

Transportation Bureau, Department of Transportation. (49 CFR 

172.101(b)) 

"E" The letter E before a material identifies it as 

a hazardous substance. These substances are subject to the HMTR 

irrespective of the mode of transportation used or the hazard 

- 11(B) 2 -
P.10 

i 

class represented. When either of these two DOT proper shipping 

names are used - the technical, generic or chemical names of the 

hazardous substance must be included in the basic description on 

the shipping paper or manifest. In the event that a hazardous 

substance fails to exhibit any of the characteristics of the 15 

DOT hazard classes, the substance must then be assigned the ORME hazard class. (49 CFR 172.101(b)) Example - Hazardous Substance, 

liquid or solid, n.o.s. - or Hazardous Waste, liquid or solid, 

n.o.s. 

"A" The letter A before a material confines the HMTR to 

transportation solely by aircraft. in other words, the same 

material shipped by any other mode of transportation would not 

be subject to the requirements of the HMTR. However, an "A" 

before any material which is shipped as a hazardous waste does 

not exclude that material/waste from the manifesting and shipping 

requirements under RCRA, regardless of the mode of transportatiori 

used. (49 CFR 172.101(b)). 

"W" The letter W before a material limits the HMTR to transportation solely by vessel. Once again, a "W" before any material 

which is shipped as a hazardous waste does not exclude the 

material/waste from the manifesting and shipping requirements 

under RCRA, regardless of the mode of transportation used. (49 

CFR 172.101(b)) 

I 

- II(B) 3 -
P.11 

I 

COLUMN (2): Hazardous Materials Descriptions and Proper 

Shipping Names 

This column lists the proper shipping names of materials 

designated by DOT as hazardous. Proper shipping names are 

limited to those shown in Roman type (not italics). However, 

italicized words may be used in addition to a proper shipping name. 

When selecting a proper shipping name to describe a particular 

material, the name on the Table which most accurately identifies the 

material must be used. In the event that the correct technical name of a material is neither listed nor entirely 

accurate, selection must then be made from the general 

descriptions or n.o.s. (Not Otherwise Specified) entries 

corresponding to the specific hazard class of the material being 

shipped. These descriptions or n.o.s. entries are listed in 

alphabetical order throughout the Table. For example, an 

alcohol must be shipped as an "Alcohol n.o.s." rather than a 

"Flammable liquid n.o.s." unless the technical name of that 

particular alcohol compound is listed (methyl alcohol). 

Also, some mixtures may be more aptly described by their 

applied uses, such as "Compound, cleaning liquid" or "Compound, 

rust removing," rather than "Corrosive liquid n.o.s." Section 

172.101 (1 - 13) lists certain other modifications 

to the DOT proper shipping name that can be made as well. 

These modifications include: 

(1) If the technical name of a hazardous material 

which is shipped as a hazardous waste is 

listed in this column, the proper shipping description 

must then include the word "Waste" before the 

name of the material, i.e., "Waste acetone" (49 CFR 172.101(c)) 

(2) A mixture or solution of a listed hazardous material 

and nonhazardous material may be described using the 

proper shipping name of the listed hazardous material, 

if (1) the mixture or solution is not specifically 

listed elsewhere in the Table; (2) the hazard class 

of the mixture or solution is the same as that of 

the hazardous material; and (3) the qualifying word 

"mixture" or "solution", as appropriate, is added 

as part of the proper shipping name. For instance, 

a solution of acetone, mineral oil and water, meeting 

the definition of a flammable liquid, may be described 

as "Acetone solution" (49 CFR 172.101(c)). 

(3) If the proper shipping name for a mixture or solution 

that is a hazardous substance does not include the 

name of the hazardous substance or substances, each 

hazardous substance found in the mixture or solution 

must be identified in association with the basic des-

- 11(B) 4 -

1 

I 
P.12 

t 

I 

cription.. For example, the listed solution 

acid solution" containing the hazardous substance 

arsenic chloride liquid must be described as "Arsenic 

acid solution (arsenic chloride liquid)". This 

modification is particularly important to remember 

when shipping hazardous substances which also qualify as 

hazardous wastes. (49 CFR 172.101(c)) 

(4) Except for those proper shipping names preceded by a "+" in 

column 1, any material which meets the definition of a hazard 

class other than the one specified with its proper shipping 

name must be described by the shipping name that appropriately 

corresponds with its actual hazard class. For example, if 

a compound is listed and identified as "Beryllium compound 

n.o.s., Poison B," but actually displays the characteristics 

of an oxidizer, it must be described as "Oxidizer, n.o.s." or 

"Oxidizing material, n.o.s." (49 CFR 172.101(c)). 

(5) If a hazardous material or waste will be classed under an 

n.o.s. name because it is a mixture or solution of one or 

more hazard classes, (i.e. Flammable Liquid, Poison B, n.o.s.) 

and one of the classes meets the criteria of a Poison B -

then the generic or technical name of the Poison B must be 

included in the basic description on shipping papers or 

hazardous waste manifests [ie - Waste Flammable Liquid, Poison 

B (or Poisonous) n.o.s. (Copper Cyanide)]. 

(6) If it is specifically determined that a material/waste is not 

listed as a "Forbidden" material in column (3) of the Table, 

it does not meet the definition of any of the DOT hazard 

classes, is not a hazardous waste or a hazardous substance, 

it is not considered a hazardous material and is not subject 

subject to the requirements of the HMTR (49 CFR 172.101(c)). 

If however, the material/waste meets the definition of a 

hazardous substance(s) see the shipping name modification 

provisions on page II(B)-7- (entry 3) of this document. 

There are certain other final clarifications regarding the use 

of proper shipping names included within section 172.101 which need 

to be pointed out. These include : 

(1) Shipping names may be used in the singular or plural and in 

either capital or lower case letters. 

(2) The abbreviation "n.o.i." which means "not otherwise indexed" 

or "n.o.i.b.n." which means "not otherwise indexed by name" 

may be used interchangeably with "n.o.s.". 

(3) When qualifying words such as material, pure, staining, 

odiferous, etc. , are used as part of the proper shipping 

- II(B) 5 -
P.13 

name, their sequence on the package markings and shipping 

paper descriptions is optional. These qualifying words may 

appear between the DOT name and hazard class or after the 

hazard class. However, the entry in the Table reflects the 

preferred sequence. This modification does not apply to 

hazardous materials shipped as wastes. These must always be 

prefaced by the qualifying word "Waste" unless the word 

"Waste" is already included in the shipping description. 

(4) When one entry references another entry by use of the word 

"see," if both names are in Roman type, either name may be 

used as the proper shipping name (e.g. for Carbolic acid s^ee 

Phenol, either may be used). However, for an organic 

peroxide, the technical name must be used as the proper 

shipping name (e.g. Benzoyl Peroxide). 

(5) When a shipping name includes a concentration range as part 

of the shipping description, the actual concentration may be 

used in place of the concentration range. 

(6) The use of the prefix "mono" is optional in any shipping name 

when appropriate. 

(7) The "RQ" and numbers in italics following a proper shipping 

name of a material identified by the letter "E" in column (1) 

specify, "Reportable Quantities" in pounds and kilograms; the 

minimum quantity of the material that constitutes an amount 

which must be reported, except "Hazardous Substance, liquid 

or solid, n.o.s." or "Hazardous Waste, liquid or solid, 

n.o.s.". If the hazardous constituents in the substance or 

waste exceed the "Reportable Quantity" limit established for 

those constituents, then any quantity of the hazardous 

substance or waste constitutes a "Reportable Quantity". 

COLUMN (3): Hazard Class and UN/NA Identification Number 

This column is divided into two parts headed 3 and 

3(A). Column 3 identifies the hazard classes which correspond to 

each of the hazardous materials/wastes listed in column 2, and column 

3(A) assigns a UN/NA identification number to each of the listed 

materials/wastes and hazard classes. 

Under column 3 it is important to remember that the word 

"Forbidden" entirely prohibits certain materials from being offered 

or accepted for transportation.(49 CFR 172.101(d)). If a material 

meets the definition of more than one hazard class and a multiple 

hazard class n.o.s. description is not listed in Column 2, the correct 

n.o.s. shipping description must be selected by determining the 

hazard class given the highest priority according to the listing 

provided in section 173.2 (see page 43 for the Hazard Class listing). 

For example, a material that is both a flammable liquid and an 

- 11(B) 6 -

1 

I 
P.14 

i 

I 

irritating material is not specifically identified among the multiple 

hazard class listings found throughout this column. The shipping 

description for such a material would be "Flammable liquid n.o.s., UN 

1993" because a flammable liquid appears fifth on the listing in 

section 173.2, while an irritating material appears eleventh. (See 

Manifest Guidance Document for a more detailed explanation of this 

modification) (49 CFR 101(c)). Modifications of this particular 

classification or any of the other hazard classes specified in this 

column can be initiated by any interested persons through the submittal 

of new or reevaluated test data to the Office of Hazardous Materials 

Regulation at DOT. 

As previously stated, column 3(A) assigns each hazardous 

material/waste a UN/NA identification number. Use of the UN/NA 

identification number is a new requirement included by DOT in its May 

22, 1980 amendments. The numbers found in this column must be 

displayed by July 1,1981 on shipping papers, manifests [§172.200 

(c)]; by July 1,1983 on packages after the proper shipping name 

[§172.300(c)(3)] and on orange panels or placards affixed to portable 

tanks, cargo tanks and tank cars by November 1,1981 [§172.336(c)(7)]. 

The display of UN/NA identification numbers on multi-unit tank car 

tanks is not required prior to July 1,1983 [§172.330(h)]. The purpose 

behind the numbering system is to improve the capability of emergency 

personnel to quickly identify hazardous materials/ wastes and ensure 

that accurate information is transmitted directly with hazardous 

materials/ wastes in the event of an emergency. The UN/NA identification numbers are referenced in a guidebook published by DOT, the 

Emergency Response Guidebook, and correspond to sections of the 

guidebook that inform emergency response personnel as to the appropriate 

actions which must be taken when different types of chemicals are 

spilled. The numbers are based on an international system designed 

by the United Nations Committee of Experts on Transportation of 

Dangerous Goods. They include the prefix UN and are followed by a 

four (4) digit number. For those materials not covered under the UN 

system, the DOT has also adopted the North American (NA) materials 

identification system. The NA numbers identify materials/wastes 

names not recognized for international shipment by the UN Committee, 

except for movements to and from Canada. The NA numbers include the 

prefix NA and are also followed by a four (4) digit number. 

Finally, two important points should be kept in mind regarding 

columns 3 and 3(A). First, the hazard classes identified in column 3 

should be used with Tables 1 and 2 in Section 172.504 of the HMTR for 

placarding purposes. They are part of a material's proper shipping 

description and only appear when this description is required as on 

shipping papers and incident reports. For example, a Class C explosive 

would be placarded with a Flammable placard (see Table). Tables 1 

and 2 in section 172.504 of the HMTR identify the specific placards 

which must be affixed to vehicles shipping hazardous materials (Note: 

Placard requirements are addressed in II.(C)(3) of this manual). 

- 11(B) 7 -
P.15 

Second, the emergency response identification numbers assigned 

by DOT in column 3A should not be confused with the hazardous waste 

identification numbers assigned by EPA. The two systems are unrelated. 

The DOT numbers are the numbers to be used on the manifest and for 

other shipping purposes, while the EPA numbers are required to be 

used on notification and annual report forms and for other recordkeeping and reporting purposes. They may be entered on manifests/ 

shipping papers following the basic description (49 CFR 172.20i(a)(4)). 

COLUMN (4): Label(s) Required 

This column specifies the labels which must be applied to the 

outside of all packages containing hazardous materials. Although 

the labels specified in this column generally satisfy all of the DOT 

labeling requirements, section 172.402 of HMTR points out some additional labeling requirements for materials/wastes that meet the 

definition of more than one hazard class.(See section II C.2 of this 

Manual on Labeling Requirements). Thus, special care should be 

taken to assure that all of the DOT labeling requirements in column 4 

and the multiple labeling requirements in section 172.402 are satisfied, 

In addition, whenever the word "NONE" appears in this column, no 

labels are required for the transportation of that particular 

material/waste. (49 CFR 172.101(f)) 

COLUMN (5): Packaging 

This two-part column references the HMTR sections that apply to 

packagings. Column 5(a) highlights exceptions from the general 

packaging requirements outlined in column 5(b). (49 CFR 172.101(g)) 

The exceptions provided in 5(a) are based on limited quantity and/or 

small volume shipments of certain hazardous materials/wastes. The 

column refers to the appropriate HMTR sections which explain whether 

an exception for a particular material can be taken and which weight 

or quantity^limitations exist for excepted shipments of the material. 

When an exception is permitted, the material/waste is usually excluded 

from the labels and packagings generally required in columns 4 and 

5(b). 

If an exception cannot be taken because the commodity to be 

shipped does not meet the qualifications set forth in 5(a), the 

packagings prescribed in 5(b) must be used to transport the material. 

Whenever the word "None" appears in column 5(a), no exceptions are 

permitted for the material and packagings listed in 5(b) must be 

used for any quantities shipped. (See page II E-2- for an example 

on how to determine proper packaging.) 

COLUMN (6): Maximum Quantity in One Package 

Column 6(a) specifies the quantities permitted 

in one package for either passenger aircraft or passenger 

railcars. Column 6(b) lists the maximum quantities of one 

- 11(B) 8 -

1 

I 
P.16 

outside package permitted on cargo aircraft. Packages, 

for air cargo must bear the CARGO AIRCRAFT ONLY label 

described in section 172.448 of the HMTR. 

With specific regard to air transportation, any material 

that is "Forbidden" in 6(a) to travel on passenger-carrying 

aircrafts but permitted to travel on cargo aircraft must be 

shipped by cargo aircraft and also bear the CARGO AIRCRAFT 

ONLY label. This labeling requirement also applies to shipments 

which exceed the maximum quantity authorized for passenger 

aircraft but meet the cargo aircraft limits.. (49 CFR 172.101(h)) 

COLUMN (7): Water Shipments 

This column refers to the loading and stowing requirements 

for hazardous materials transported by water in cargo or 

passenger vessels. The numbers and additional information 

that appear in these columns (7a, 7b, and 7c) refer to the 

specific locations authorized and special requirements set 

forth in section 173.63 of the HMTR. The numbers in 7(a) 

and 7(b) should be interpreted as follows (49 CFR 172.101(i)): 

"1" means the material/waste may be stowed "on deck" 

subject to the requirements of §176.63(b). When 

both "on deck" and "under deck" are authorized, 

"under deck" should be used, if available. 

II o II 2" means the material/waste may be stowed "under deck" in 

a compartment or hold subject to the requirements 

of §176.63(c). 

"3" means the material/waste may be stowed "under deck away 

from heat" in a ventilated compartment or hold 

subject to the requirements of §176.63(d). 

"4" means the material/waste is authorized to be transported in only the limited quantities specified 

in column 5(a) of the HMT and is subject to the 

stowage requirements specified for a cargo vessel 

for the same material/waste. 

"5" means the material/waste is forbidden and may not 

be offered or accepted for transportation. 

"6" means the material/waste is authorized to be transported in a magazine subject to the requirements 

of §176.135 through §176.144. 

The "other requirements" listed in column 7(c) provide further 

specific instruction, when applicable, for loading and stowing 

hazardous materials aboard cargo or passenger vessels. 

- 11(B) 9 -
P.17 

In summary, Section 172.101 - the HMT and modifications -

should be consulted when a hazardous material is offered for 

transportation by any mode. The Table offers the DOT proper 

shipping descriptions that should be used on shipping papers/ 

manifests and for marking and labeling purposes. These DOT 

shipping descriptions should also be used for hazardous wastes, 

since the EPA references Section 172.101 of the HMTR as their 

requirements as well. In addition, although a specific material/waste 

may not be listed in the Table, the modification section 

lists the procedures for properly describing that material/waste. 

II(B) 10 -
P.18 

C. Pretransportation Requirements (Parts 172 & 173) 

1. Marking (Subpart D of HMTR) 

Markings under Subpart D are the application of the 

descriptive name, consignee or consignor name and address, 

UN/NA identification number (effective July 1, 1983) and Other 

Regulated Material (ORM) designation. Markings under Part 

173 are instructions, cautions, weights, or specification 

marks or any combination of these markings on the outside of 

containers or packages used to transport hazardous materials 

or hazardous wastes. There are two types of DOT markings 

which must be applied by the shipper (generator) to all 

shipments of a hazardous material/waste: (1) The DOT package 

markings; and (2) the DOT container specification markings. 

The DOT requirements apply to all packages or containers 

of hazardous materials and hazardous wastes offered for transportation. These basic DOT marking requirements are as 

follows: 

(1) Packages must be marked with the proper shipping

 r 

name and UN/NA identification number as listed in the ' 

Hazardous Materials Table (HMT) of section 172.101. 

Hazardous materials and wastes packaged in portable 

tanks, cargo tanks and tank cars or shipped under the 

the Limited Quantity exception are exempted from 

this portion of the regulations. (49 CFR 172.300) 

(2) Packages of a hazardous material/waste offered for 

export by water and described by a "N.O.S" entry in 

§172.101 must have the technical name of the material added 

in parenthesis immediately following the proper shipping 

name. (49 CFR 172.302) 

(3) Markings must be durable, in English, and printed on or 

affixed to the surface of the hazardous material/ waste 

container, or on a tag, label or sign. (49 CFR 172.304) 

(4) Markings must be displayed on backgrounds of sharply 

contrasting colors, unobscurred by labels or attachments, 

, and located away from other markings such as advertisements 

which could reduce their effectiveness. (49 CFR 172.304) 

(5) ORM - markings. (49 CFR 172.316) 

(6) Packages must be marked with the names and addresses of 

the consignee or consignor, except when they are transported 

by highway and will not be transferred between different 

motor carriers; or part of a carload lot, truckload lot or 

freight container load and the entire contents of the rail 

car, truck or freight container are tendered from one 

- 11(C) 1 -
P.19 

consignor to one consignee; or transported by portable 

tank, cargo tank or tank car. (49 CFR 172.306) (Note: 

see section II F.4 on Transportation by Highway for 

requirements for motor carriers). 

Figure II - Illustrative example of proper marking according 

to DOT regulations. 

WASTE ANPIC AGO 

MA9C77 

ORM-E 

JUZAiUk-A WJrMt-: few*.. u.«* fctA.-i* 

ymtnit* i>44r*nt.>.«, to**,* a,-**— 

t**tt*c(: *,*U tm*-** <_-

»Vaj^«t> at-a^n. _wy«-: iv«; 7 

A* T///S ^ 

'£W UP ^y 

Containers which have been constructed to meet DOT 

specifications, must be marked as follows: 

(1) Letters and numerals identifying the container specifications in an unobstructed area. (49 CFR 173.24(c)) 

(2) The name and address, or symbol of the person affixing 

such a mark. Symbols, however, must first be registered 

with the Materials Transport Bureau.(49 CFR 173.24(c)) 

(3) Markings must be in letters and numberals at least 

1/2" high and stamped embossed, burned, printed or 

otherwise marked on the package to provide accessibility 

and permanency so they are readily apparent and can be 

understood. (49 CFR 173.24(c)) 

Table C-l (next page) shows other pertinent DOT marking 

regulations applicable to both hazardous materials and hazardous 

waste transportation. 

In addition to the two DOT marking requirements, Section 262.32 

of the EPA Hazardous Waste Regulations, requires a generator to mark 

each hazardous waste package or container of 110 gallons or less with 

the following words and information: 

HAZARDOUS WASTE - Federal Law Prohibits Improper 

Disposal. If found, contact the nearest police or 

public safety authority or the U.S. Environmental 

Protection Agency. 

Generator's Name and Address 

Manifest Document Number 

- II C(2) -

O 
P.20 

Table C-l Additional Marking Regulations 

Topic 

Authorized 

abbreviations 

Radioactive 

materials 

Liquid Hazardous 

materials 

Packagings containing materials 

Classified as ORM 

Portable Tanks 

Cargo Tanks 

Tank Cars 

Shipping 

Container 

Specifications 

Specifications 

for Tank Cars 

Subject 

Regulations with regard to 

use of abbreviations for 

the marking descriptions 

Additional marking requirements for specific types of 

radioactive materials and 

packagings 

Markings requirements for 

liquid hazardous materials 

Markings rquirements for 

Other Regulated Materials 

A, B, C, D, & E 

Marking requirements for 

lettering portable tanks 

Required markings for cargo 

tanks 

Marking? requirements and 

exceptions for tank cars 

Marking requirements are 

listed throughout this part 

for the various shipping 

containers to certify that 

they were constructed to 

DOT specifications 

Each tank car should be 

plainly and permanently 

marked to certify that the 

tank complies with the DOT 

specifications 

Title 49 

Section 

172.308 

172.310 

172.312 

172.316 

172.326 

172.328 

172.330 

Part 178 

Part 179 

11(C) 3 -
P.21 

2. Labeling (Subpart E of HMTR) 

A hazardous material transportation label is a color-coded squareon-point with a hazardous warning written and illustrated upon it. 

It must be attached directly to a package or container carrying a 

hazardous material/waste. Labels identify the principal hazard(s) 

associated with a material/waste being shipped. Thus, their placement 

on a package or container helps to alert transportation personnel of 

the potential hazards of a material or waste. 

Every shipper (generator) who offers a package, overpack or 

freight container containing a hazardous material/waste for transportation must affix to it the label(s) prescribed for the material/ 

waste, according to column 4 of the Hazardous Materials Table of 

section 172.101. In addition, section 172.402 specifies certain 

multiple labeling requirements when materials/wastes of diferent 

hazard classes are shipped within single packages or containers. 

Once a shipper (generator) affixes the proper labels to a package, 

and verifies that all packages and containers have been correctly 

identified, classed, marked and labeled it then becomes the responsibility of each carrier (transporter) to accept the verification 

unless obvious errors or omissions are detected, and to assure all 

missing, torn or improper labels are replaced. 

All DOT labels must meet certain general requirements, such as 

uniform specifications and proper placement. These requirements are 

outlined in the HMTR as follows: 

(1) Labels must be printed on or affixed to the surface of a 

package near the proper shipping name marked in accordance 

with Subpart D of the HMTR. (49 CFR 172.406(a)) 

(2) Labels may be printed or placed on a securely affixed 

tag, or by some other suitable means under certain conditions. 

(49 CFR 172.406(b)) 

(3) Labels must be affixed to a background of a contrasting 

color, or must have a dotted or solid line outer border. 

In addition, DOT prohibits the use of any packagings 

which bear markings or labels of a color, design or shape 

which might be confused or in conflict with the DOT 

labels prescribed. (49 CFR 172.401(b), 49 CFR 172.406(d)) 

(4) Labels may contain additional identification information, 

including the name of a generator or producer, provided 

that the information is printed outside of the solid line 

inner border and is in type no larger than 10 points or 

1/8 of an inch. (49 CFR 172.407(f)) 

- 11(C) 4 
P.22 

Figure III - Illustrative example of proper labeling 

according to DOT regulations. 

END \J? 

>/ASTE NITROGEM DIOXIDE 

uauiD UN lOtt 

Mka X 

a-Vls"/--

KDrj*__ it <•«—• r_Mv_a m- * «*,»-• 4r««>->r. 

4_ta>__lfM»s _-»»-» t».-tU • 

r*MK~T fUV—0* rAlH-,-4 M-l* 

77//S B/C UP 

It is important to remember that hazardous materials/wastes 

shipped under the Limited Quantity exception are not required to 

display the DOT labels. To determine whether a particular material/ 

waste qualifies for this exception, a shipper (generator) must 

consult the Table in section 172.101,column 5(a). In addition, 

a hazardous waste which does not meet the definition of a DOT 

hazard class other than the ORM-E classification must be marked, 

instead of labeled, as prescribed in section 172.316 of the HMTR 

and section 262.32 of the Hazardous Waste Regulations. (See 

Appendix II for definitions of the DOT hazard classes.) 

. Finally, the following table lists the DOT regulations 

applicable to labeling: 

Table C-2 Hazardous Materials/Waste Labeling Regulations 

____ _ 

Section 

172.400 

172.401 

Topic 

General Labeling 

Requirements 

Prohibited 

Labeling 

Specialized 

labeling 

requirements 

Placement of 

Labels 

Subject 

Labeling requirements and 

exceptions, under DOT 

regulations 

Labeling restrictions and 

exemptions 

Labeling requirements for 

mixed and consolidated 

shipments; and specialized 

labels 

General requriemtens and 

exemptions for the placement of labels on packagings 

containing hazardous materials 

172.402/ 

404 

172.406 

IKC) 5 
P.23 

Table C-2 continued 

Label Label requirements for size, 172.407 

Specifications shape, color, lettering and 

durability 

Examples Examples of labels and 172.403 172.405 

labeling requirements for 172.411-

specific hazardous materials/ 450 

wastes 

Replacement Requirements for replacing 174.33, 

Requirements labels which have been lost 175.40, 

or damaged 176.33 & 

177.815 

3. Placarding (Subpart F of HMTR) 

A DOT placard is a color-coded sign which includes a written 

and illustrated warning that is designed to identify the hazard(s) 

associated with a material/waste being transported. All motor 

vehicles, rail cars and freight containers carrying a hazardous 

material/waste identified in Table 1 or over 1000 lbs. of those 

identified in Table 2 must be placarded on each end and on each 

side with the type of placard specified in either Table 1 or 

Table 2 of section 172.504 as appropriate for the material/waste 

being carried. The primary purpose of the placards is to alert 

(1) personnel involved with the transport of hazardous materials/ 

waste, (2) emergency response teams called to the scene of a 

hazardous material/waste incident, and (3) the general public 

against the potential hazards of a material or waste. 

The tables in section 172.504 specify which placard or 

combinations of placards must be used for the transportation of 

hazardous materials/wastes. The type of placard required depends 

upon the hazard class assigned to the material/waste in column 

(3) of the Hazardous Materials Table of section 172.101. For 

example Table 1 (below) lists five (5) hazard classes. 

Table I - List of DOT hazard classes always requiring placarding, 

and the corresponding placard notations. 

TABLE t 

rl the motor vehicle, rail car, or freight container contains a Tha motor vehicle, mi car. or freight corrtainer must be 

material classed (described) aa— placarded on each side and each end— 

Oass A explosives EXPLOSIVES A • 

Class B esptosives EXPLOSIVES B. • 

Poison A POISON GAS. • 

•nrarnmable solid (DANGEROUS WHEN WET label only) FLAMMABLE SOLID W.' 

. Radroactlve material RADIOACTIVE.v' 

RarJoactrve material: 

UYaraum tax-fluoride, tssde (containing more than 0.7 pet RADIOACTIVE' AND CORROSIVE. * 

Uraraum Iwxafluoride. low specific activity (contflining 0.7 pet RADIOACTIVE*• 'AND CORROSIVE. • 

or Has U"*). 

'See 5 172 510(a) 

•EXPLOSIVES B placard not required if the freight corrtainer. motor vehicle, or rail oar contains dass A explosives and is 

placarded EXPLOSIVES A as required. 

'FLAMMABLE SOLID "W" placard is required only when the DANGEROUS WHEN WET label is specified in J 172.101 for 

a material classed as a Flammable sold. 

•Applies only to any quantity ol packages bearing the RADIOACTIVE YELLOW III label. (See 5 172.403.) 

•See H 173.389(c) and 173 389(0). for lull-load shipments ol radioactive materials meeting the definition ol low specific 

activity when transported pursuant to 1173.392(b). 

•CORROSIVE placard not required for shipments of less than 1000 pounds gross weight 

- 11(C) 6 -
P.24 

Listed across from the hazard classes are the DOT placards which 

must be used to transport a material/waste described by any one 

of these classes. 

Figure IV - Representative section from the Hazardous Materials Table 

8 172.101 Hazardous Material* Tabl*—Continued 

(1) 

+ / 

K/ 

A/ 

W 

W 

A 

+ B 

K 

A 

j _ E 

(2> 

Havurdous materials deKripitoa. ind proper 

•hipping names 

Petrolcum coke (uncalcined) 

Petroleum crude. See Crude oil 

Petroleum distillate 

Petroleum distillate 

Petroleum ether 

Petroleum gas, liquefied. See Liquefied 

petroleum gas 

Petroleum naphtha * 

Petroleum naphtha 

Phencapton 

Phenol (RQ-1000/454) 

Phenol, liquid or solution (liquid tar odd 

containing over 50% phenol) (RQ-1000/ 

454) 

Phenoxy pesticide, liquid, n.o.s. (compounds 

and preparations) 

Phenoxy pesticide, liquid, no i (compounds 

and preparations) 

Phenoxy pesticide, solid, n.o.s. (compounds 

and preparations) 

Phenyenedtaminc. meta or para, solid 

Phenyldichloroar_tne 

m-Phenjdene diaminediperchlorate (dry) 

Phenyltrichlorostlane 

Phenylurea pesticide, liquid, n.o.s. 

(compounds and preparations) 

Phenylurea pesticide, liquid, n.o.s. 

(compounds and preparations) 

Phenylurea pesticide, solid, n.o.s. 

(compounds and preparations) 

Phosgene (dipkosgene) (RQ-5000/2270) 

Phosphine 

13) 

Hazard 

class 

ORM-C 

Combusublf 

liquid 

Flammable 

liquid 

PUmnu-ble 

liquid 

Combusuhlr 

liquid 

Flmmnuibie 

liquid 

ORMA 

Poison B 

Poison B 

rlammable 

liquid 

Poison B 

Poison B 

ORM-A 

Poison B 

Forbidden 

Corrosive 

material 

Plammablfl 

liquid 

Poison B 

PoisonB 

Poison A 

Poison A 

(SA) 

number 

UN 1268 

UN 1268 

UN 1271 

UN18A6 

UN1295 

NA27H« 3 

ITN1STI 

NA2821 

irN2766 

UN278S 

UN2785 

UN 1673 

NA1556 

UN 1904 

UN2768 

UN27B7 

UN2767 

UN1076 

UN2199 

141 

Ubellal 

required 

lif not 

Nona 

None 

Flammable 

liquid 

Flammable 

liquid 

None 

Flammable 

liquid 

None 

Poison 

Poison 

Flammable 

liquid 

Poison 

Poison 

None 

Poison 

Corrosive 

Flammable 

liquid 

Poison 

Poison 

Poison gas 

Poison gas 

and 

Flammable 

tf 

(M 

Packaging 

(a) 

Exceptions 

173.905 

173.118a 

173.118 

173.118 

173.118a 

173.118 

178.505 

173.364 

173.345 

173.118 

173.349 

178.864 

173.505 

None 

None 

173.118 

173.341! 

173.364 

None 

None 

ft) 

Specific 

requirements 

173.1045 

None 

173.119 

173.118 

None 

173.119 

173.510 

173.360 

173.349 

173.118 

173.346 

173.369 

173.510 

178.359 

173.280 

173.1 IB 

I78.S46 

173.365 

173.333 

17S.S28 

(6) 

Maximum 

in one 

(a) 

Passenger 

carrying 

aircraft or 

railcar 

No limit 

1 quart 

1 quart 

No limit 

1 quart 

No limit 

90 pounds 

1 quart 

1 quart 

1 quart 

50 pounds 

No limit 

Foniddou 

Forbidden 

1 quart 

1 quart 

50 pounds 

Forbidden 

Forbidden 

net quantity 

package 

(bl 

Cargo 

only 

aircraft 

No limit 

10 gallons 

10 gallons 

No limit 

10 gallon 

No limit 

250 pounds 

59 gallons 

10 gallons 

55 gallons 

200 pounds 

No limit 

SOgrJkms 

10 gallons' 

10 gallons 

55 gallons 

200 pounds 

Forbidden 

Forbidden 

ta) 

Cargo 

vessel 

1.2 

1.2 

1.3 

1.3 

1,2 

1,2 

1.2 

1.2 

1,2 

1.2 

1.9 

1 

1 

1.2 

1.2 

1.2 

1 

1 

ft) 

Pusenger 

vessel 

1.2 

1.2 

4 

4 

1.2 

1 

1.2 

1.2 

1 

1.2 

1.3 

6 

1 

1 

1,2 

1.2 

5 

5 

(71 

Water shipment! 

(c) 

Other requirements 

Not permitted if temperature of material 

or above ISOdegF 

Keep dry 

Segregation same as for flammable gases 

is at 

A material such as Phosphine is described in column (3) of 

the Hazardous Materials Table of §172.101 (above) as a Class A Poison. 

According to Table 1 of §172.504, a poison A requires the POISON 

GAS placard. 

The hazard class of the material/waste always determines 

which of the Tables to use in section 172.504. Table 1 lists five 

DOT hazard classes, while Table 2 lists the remaining classes. It is 

important to remember that any material/waste which falls under 

the hazard classes liste d in Table 1 will always require placarding, 

regardless of the quantity shipped. This DOT regulation includes 

small quantity generators of hazardous wastes who may be excluded 

from the RCRA regulations under §261.5, but subject to the DOT 

placarding requirements when any one of the wastes to be transported exhibits the characteristic s of a hazard class specified in 

Table 1. In addition, a DANGEROUS placard (discussed on next)page) 

may never be substituted for the placards designated in Table 1 

when combinations of materials/wastes are shipped. 

- 11(C) 7 -
P.25 

Table II - List of DOT hazard classes requiring placarding under 

certain conditions (see text), and the corresponding 

placard notations. Table2 

It the motor vehicle, rail car or freight container contains a 

material classed (described) as— 

The motor vehicle, rail car, or freight container must be 

placarded on each side and each end— 

Class C explosives DANGEROUS.v* 

Blasting agents BLASTING AGENTS. » " 

Nonllammable gas NONFLAMMABLE GAS. • 

Nonnammable gas (Chlorine) CHLORINE.' 

Nonflammable gas (Fluorine) POISON. 

Nonflammable gas (Oxygen, pressurized liquid) OXYGEN.1 

Flammable gas FLAMMABLE GAS.' 

Combustible liquid COMBUSTIBLE LIQUID." 

Flammable liquid FLAMMABLE. 

, Framrnabte solid J. FLAMMABLE SOLID.1 

O-dizer OXIDIZER.*10 

Organic peroxide ORGANIC PEROXIDE. 

Poison B.. POISON. 

Corrosive material __ CORROSIVE. • 

Irritating material _ _.- DANGEROUS. 

'Applies only to a dass C explosive required to be labeled with an EXPLOSIVE C label. 

'OXYGEN placards may be used to identify Uquefted pressurized oxygen contained in a manner so it does not meet the 

definition in sec. 173.300 ot this subchapter. 

'COMBUSTIBLE placard required only when a material classed as a combustible liquid is transported in a packaging having 

a rated capacity of more than 110 gallons, a cargo tank, or a tank car. 

'A FLAMMABLE placard may be used on a cargo tank and a portable tank during transportation by highway and water. 

'Except when ottered for transportation by water, a FLAMMABLE placard may be displayed in place of a FLAMMABLE 

SOLID placard except when a DANGEROUS WHEN WET label is specified for the material in sec. 172.101. (See table 1. this 

sectron.) 

'See J173.245(b) ol this subchapter tor authorized exemptions. 

'CHLORINE placard required onry for a packaging having a rated capacity of more than 110 gallons; the NON-FLAMMABLE GAS placard tor oaduMinos havino a rated caoadtvof 110 r__nns miens 

'A NON-FLAMMABLE GAS placard is not required on a motor vehicle displaying a FLAMMABLE GAS placard. 

'BLASTING AGENTS, OXIDIZER and DANGEROUS placards need not be displayed it a freight container, motor vehicle, or 

rad car also contains Class A or Class B explosives and is placarded EXPLOSIVES A or EXPLOSIVES B as required. 

"Except for shipments by water. OXIDIZER placards need not be displayed it a freight container, motor vehicle or rail car 

alao corrtarra blasting agents and is placarded BLASTING AGENT as required. 

(Amdt. 172-29, 41 FR 15996. Apr. 15, 1976, as amended by Amdt. 172-29A. 41 FR 40679, Sept. 

20,1976; Amdt. 172-29B, 41 FR 57067, Dec. 30.1976; Amdt. 172-48, 44 FR 31182, May 31, 1979; 

Amdt. 172-58. 45 FR 34701. May 22. 1980; 45 FR 46421. July 10. 1980] 

On the other hand, the placards specified in Table 2 (above) 

are only required for shipments of materials/wastes weighing 1000 lbs, 

(454 kilograms) or more. Exceptions to this weight limit are 

listed in the footnotes below Table 2. Also, the DANGEROUS 

placard may be used in lieu of the specified placards for combined 

shipments of materials/wastes under Table 2, provided that the total 

weight of any one material/waste loaded at one location in the mixed 

load does not exceed 5000 lbs (2273 kilograms). In the event that 

one of the materials/wastes in the mixed load does exceed 5000 lbs, 

then a separate placard would be required for that material/wastes. 

However, the DANGEROUS placard could stil l be displayed for the 

remaining materials in the load. For example: 

MIXED 

LOAD 

1000 lh. 2500 lb. 4000 lb. 

CORROSIVE 

4 placards 

NOftflJLMMABlE w 

4 placards 

- IKC) 

4 placards 

8 -

Otf: 

= 12 placards 

4 placards 
P.26 

MIXED 

LOAD 

1Q00 lb. + 

CORROSIVE 

2500 lb. + 5100 lb. 

4 placards + 4 placards + 4 placards 12 placards OR: 

4 placards + 4 placards = 8 placards 

(Note: The following hazard classes are not regulated under Tables 

1 & 2 : ORM A,B,C,D & E; Etiological Agents) 

Placarding hazardous materials/wastes is the joint responsibility 

of the shipper (generator) and the carrier (transporter). Each person 

who offers a hazardous material/waste for transport by highway must 

provide the carrier (transporter) with the placards required for the 

material/waste prior to or at the time it is offered for transport, 

unless the carrier's (transporter's) vehicle is already properly 

placarded for the material/waste. In the case of rail shipments, the 

shipper must affix the placards required to the rail car containing 

the hazardous material/waste, unless the motor vehicle, transport 

container or portable tank on the rail car is already properly 

placarded. No rail carrier (transporter) may accept a rail car 

containing a hazardous material/waste for transport, unless the 

necessary placards are in place. 

All placards required on motor vehicles, rail cars and 

freight containers must be readily visible. They must be located 

away from apparatus such as ladders, pipes and doors, and be clear 

of any marking such as advertising which could substantially 

reduce their effectiveness. In addition, placards should be 

securely affixed and maintained in such a manner that the format, 

legibility, color and visibility are not damaged, deteriorated 

- 11(C) 9 -
P.27 

or obscurred by dirt or other matter. The hazardous material/waste 

UN or NA identification numbers must also be displayed on portable 

tanks, cargo tanks and tank cars, either on the placard designated 

in this section or on a separate orange panel described in section 

172.332 (see below). This requirement applies only to cargo tanks, 

tank cars and portable tanks on and after November 1, 1981. 

Table C - Identification Number Display 

Topic 

Prohibited 

Display 

General Display 

Requirements 

Portable Tanks 

Cargo Tanks 

Tank Cars & MultiUnit Tank Car Tanks 

Subject 

Display alternatives 

Display specifications 

Display requirements 

for portable tanks 

Display requirements 

for cargo tanks 

Display requirements 

for tank cars and 

multi-unit tank car 

tanks 

Title 49 

Section 

172.334 

172.332 

172.326 

17 2.3 28 

172.330 

(1) Orange Panel 

[1075 

(2) DOT Specification Placard 

with ID Number 

Note: This panel must appear 

in conjunction with the DOT 

placard specified for the material 

in Table 1 or 2 of §172.504 

- 11(C) 10 -
P.28 

The following Table identifies other important placarding requirements 

for the transportation of hazardous materials/wastes: 

Table C-3 Other Hazardous Materials/Waste placarding Requirements 

Topic 

Prohibited 

Placarding 

General Placarding 

Requirements 

Placarding for 

Rail Shipment 

Placarding for 

Highway Shipment 

Freight 

Containers 

Cargo Tanks and 

Portable Tanks 

Visibility and 

Display of 

Placards 

General 

Specification 

for Placards 

Specifications 

for Placard 

Type 

Title 49 

Subject Section 

Placarding restriction s 172.502 

Placarding requirements by 172.500 

class of hazardous material/ 172.504 

waste and quantity 

Special rail placarding 172.508 

requirements 172.510 

Empty Placard 

Responsibility of shipper 172.506 

and transporter 

Placarding requirements and 172.512 

exceptions for freight 

containers 

Placarding requirements and 172.514 

exceptions for cargo and 

portable tanks 

Requirements for the proper 172.516 

display of hazardous materials/waste placards 

General requirements for 172.519 

designing, manufacturing 

and lettering hazardous 

material/waste placards 

Specifications for and 172.521 

examples of specific types 558 

of hazardous material/waste 

placards 

- 11(C) 11 -
P.29 

D. Shipping Papers/Manifest (Part 172, Subpart C of the HMTR) 

DOT requires that any person who offers a hazardous material 

for transportation must describe the material on a shipping paper 

according to Part 172 of the HMTR. There are, however, certain 

exceptions to this rule. Other Regulated Materials (ORM) A,B & C 

need not be described on the shipping paper in the manner required 

by Part 172, Subpart C unless they are to be transported by air 

or water. On the other hand, an ORM-D material must always be 

described in the manner required under this part unless it is to 

be transported by air. (49 CFR 172.200(b)) 

A DOT shipping paper may take on any number of forms. It 

may be a shipping order, a bill of lading, a manifest or another 

shipping document, provided that it includes the following 

information: 

(1) The proper shipping name of the hazardous material as 

it is listed in the Hazardous Materials Table of section 

172.101. (49 CFR 172.202(a)) 

(2) The hazard class prescribed for the material in the 

Hazardous Materials Table. The hazard class, however, 

need not be included when the words of the proper 

shipping name contain the key word or words of the 

class and the shipping name contains only one hazard 

class. For instance, a material with the proper shipping 

name "Poison B, liquid" would not require the hazardous 

class entry. (49 CFR 172.202(a)) 

(3) The identification number preceded by UN or NA, as appropriate, assigned to the material in the Table. (49 CFR 

172.202(a)) 

(4) The hazardous material description outlined in (1), (2) and 

(3) above must appear on the shipping paper in the following 

sequence: proper shipping name, hazardous class, UN/NA ID 

number. For example, "Gasoline, Flammable liquid, UN 1203". 

(49 CFR 172.202(b)) 

(5) The total quantity of the hazardous material described on 

the shipping paper must be cited by weight, volume or as 

otherwise appropriate either before or after, or both 

before and after the materials proper shipping description. (49 CFR 172.202(c)) 

(6) A certification by the person who offers the hazardous 

material for transport, stating, "This is to certify that 

the above-named (or herein-named) materials are properly 

classified, described, packaged, marked and labeled, and 

are in proper condition for transportation according to the 

applicable regulations of the Department of Transportation". 

- 11(D) 1 -
P.30 

Exceptions to and variations of this certification are 

listed in section 172.204 of the HMTR. (49 CFR 172.204) 

(7) The type of packaging used to transport the material may 

be entered in any appropriate manner or by using abbreviations such as "40 Cyl. Nitrogen, Nonflammable gas, UN 

1066, 800 pounds" or "1 box Cement, liquid, N.O.S.1, 

Flammable liquid, NA 1133, 25 lbs." (49 CFR 172.202(c)) 

In addition to the foregoing information, a shipping paper 

may be required to include certain other information, depending 

upon the mode of transportation used, the material being shipped 

or the circumstances surrounding certain specified shipments. 

These additional description requirements are discussed in the 

Manifest Guidance Document also published by the Office of Solid 

Waste, EPA. 

For the transportation of hazardous wastes, DOT specifies in 

§172.205 that no person may offer, transport, transfer or deliver 

a hazardous waste unless it is accompanied by a manifest prepared 

in accordance with the EPA Hazardous Waste Regulations, 40 CFR 

Part 262. It must be carried by the transporter in the same 

manner as required for shipping papers in sections 174.24 (Rail), 

175.35 (Aircraft), 176.24 (Vessel), and 177.817 (Highway). 

It must also contain much of the same information required for 

shipping papers, such as: 

Type of Container 

Proper DOT shipping name 

DOT Hazard Class 

UN or NA Identification number 

Exception Information (when applicable) 

Exemption Numbers (when applicable) 

Quantity or Volume 

Shippers Certification 

The hazardous waste manifest, however, requires five additional 

items not required on a DOT shipping paper. These include: 

(1) A manifest document number which is a serially increasing 

number typed, printed or written on all copies of 

the manifest. 

(2) The generator's name, mailing address, telephone number, 

and EPA identification number. 

(3) The name and EPA identification number of each 

transporter. 

(4) The name, address and EPA identification number of the 

designated treatment, storage or disposal facility, and 

alternate facility, if one is provided. 

- 11(D) 2 -
P.31 

(5) The EPA certification which states, "This is to certify 

that the above-named materials are properly classified, 

described, packaged, marked and labeled and are in 

proper condition for transportation according to the 

applicable regulations of the Department of Transportation 

and the EPA." 

Thus, it is important to remember that while a manifest may 

serve as a shipping paper, a shipping paper may not be used as a 

manifest to transport hazardous wastes unless it includes the 

additional information required by EPA - i.e., a manifest must 

contain the information required by EPA as well as all the 

information required on a shipping paper. (NOTE: See Manifest 

Guidance Document for a more detailed explanation on how to 

prepare the manifest.) 

- 11(D) 3 -
E. Packaging (Parts 173, 178, 179 of the HMTR) 

The RCRA regulations require that all generators of hazardous 

wastes transport their wastes in packagings which are in accordance 

with the DOT shipping and packaging regulations in Part 173, 178 and 

179 of Title 49. Part 173 of ,the regulations addresses the General 

Requirements for Shipments and Packagings of Hazardous Materials, 

while Parts 178 and 179 outline in detail the specifications for both 

shipping containers and tank cars, respectively. 

In deciding which DOT shipping and packaging regulations apply 

to a particular material/waste, it is important to first determine 

the DOT proper shipping name and hazard class which accurately 

describes the material/waste. The DOT packaging regulations are 

developed to correspond with the types of hazard(s) a materials/waste 

potentially presents once it is offered for transportation. Since it 

is the hazard class of the materal/waste which actually determines 

the packagings to be used for a shipment, it is, therefore, essential 

that every material/waste be properly named and classed according the 

DOT requirements. If any uncertaintly remains regarding the DOT 

proper shipping name and hazard class system, refer to sections B and 

C of this Manual and the Manifest Guidance Document for a complete 

explanation. 

Once the proper shipping name and hazard class of a particular 

material/waste has been acertained, column 5 of the Table in section 

172.101 of the HMTR will identify the specific packaging regulations 

which apply to that material/waste. Column 5(a) specifies whether 

any exceptions may be taken for limited quantity shipments and column 

5 outlines the general packaging requirements for non-excepted shipments of the material/waste. In addition, column 6 and 7 highlight 

any further restrictions that may be placed on the transportion of 

the material/waste by aircraft, passenger rail or vessel. 

For example, the Table classes Hydrofluoric acid solution 

as a "Corrosive" material. 

Figure V - Representative section from The Hazardous Materials Table. 

§ 172.101 Hazardous Material* Table—Continued 

(1) 

+/ 

•:/ 

KI 

w 

+ E 

B 

B 

(2) 

Haxardous materials devcriptions and proper 

•hipping names 

Hydrocyanic acid solution, lets than 5% 

hydrocyanic acid (RQ-IO/4.54) 

Hydrofluoric acid, anhydrous. See 

Hydrogen fluoride 

Hydrofluoric acid solution (RQ-5000/2270) 

Hydrofluoric and sulfuric acid mixture 

(RQ-5000/2270) 

Hydrofluoroboric acid. See Ruoboric acid 

Hydrofluorosilicic acid 

(3) 

Hazard 

elan* 

Poison B 

Corroiiive 

material 

Corroiiive 

material 

Corroiive 

material 

OA) 

Identic 

(ication 

number 

UN.6,3 

ITN1790 

IW17R6 

NA1778 

<4) 

Uhel(s> 

required 

(if not 

excepted) 

Poison 

Corrosive 

Corrosive 

Corrosive 

Packaging 

(a) 

Exceptions 

None 

173.244 

None 

None 

ft) 

Specific 

requirements 

173.351 

173.264 

173.290 

173.26ft 

(H) 

Maximum net quantity 

in one package 

(a) 

Passenger 

carrying 

aircraft or 

railcar 

Forbidden 

1 quart 

Forbidden 

1 quart 

ft) 

Cargo 

only 

aircraft 

2ft pounds 

1 gallon 

1 gallon 

1 gallon 

(7) 

Water fthipments 

(a) 

Cargo 

vessel 

1 

1 

1 

1,2 

ft) 

Pas. 

senger 

vessel 

ft 

4 

S 

1,-' 

Ic) 

Other requirements 

Shade from radiant heat 

- II(E ) 1 -
P.33 

Column 5 above references the HMTR sections which delineate the specific packaging requirements for this corrosive material. Column 

5(a) lists section 173.244 and column 5(b) lists section 173.264. 

§ 173.244 Limited quantities of corrosive 

materials. 

(a) Limited quantities of corrosive 

materials for which exceptions are 

permitted as noted by reference to 

this section in 5 172.101 of this subchapter are excepted from labeling 

(except when offered for transportation by air) and specification packaging requirements when packed according to the following paragraphs. In addition, shipments are not subject to 

Subpart F of Part 172 of this subchapter, to Part 174 of this subchapter 

except S 174.24 an* to Part 177 of this 

subchapter except 1177.817. 

(1) Corrosive liquids in bottles 

having a rated capacity not over 16 

ounces by volume each enclosed in a 

metal can packed in strong outside 

packaging. 

(2) Corrosive liquids in metal or plastic containers having a rated capacity 

not over 16 ounces by volume in strong 

outside packaging. 

(3) Corrosive solids in earthenware, 

glass, plastic, or paper containers of 

not more than 5 pounds capacity each 

packed ln metal, wooden or f iberboard 

outside packaging not exceeding 25 

pounds net weight each. 

(4) Corrosive solids in metal, rigid 

fiber or composition cans or cartons or 

rigid plastic containers; of not more 

than 10 pounds capacity each, overpacked in metal, wooden or fiberboard 

outside containers not exceeding 25 

pounds net weight each. 

(b) Special exceptions for shipment 

of certain corrosive materials in the 

ORM-D class are provided in Subpart 

N of this part. 

Section 173.244 (shown above) lists the special conditions 

for which hydroflouric acid solution may be shipped as an 

excepted material/waste. If it is to be shipped in any of 

the limited quantities mentioned in (1) through (4), then the 

hydroflouric acid solution would not require the corrosive 

label specified in Column 4 nor the specification packaging 

required in Column 5(b). 

If, on the other hand, the shipment of hydroflouric acid 

exceeds any of the small quantity limitations in 5(a), it must 

be labeled as required and shipped according to the specifications 

in §173.264 (shown below). 

§ 173.264 Hydrofluoric acid; White acid. 

(a) Hydrofluoric acid and white acid 

(ammonium bifluoride and hydrochloric acid mixture), each must be packed 

in specification packaging as follows: 

(1) Specification 15A, 15B, 15C, 16A, 

or 19A (§5178.168, 178.69, 178.170, 

178.185, 178.190 of this subchapter). 

Wooden boxes with inside containers 

which are hydrofluoric acid resistant. 

These containers are authorized only 

for strengths of acid for which they 

are adequate, but in no case may the 

strength of acid exceed 70 percent. 

<2) Specification 12B (8178.205 of 

this subchapter). Fiberboard boxes 

with Specification 2E (§ 178.24a of this 

subchapter) inside polyethylene bottles or inside receptacles of not over 1 

pound capacity each, made of natural 

rubber, lead, or other hydrofluoric resistant plastic. Authorized only for 

acid not over 70 percent in strength. 

(3) Spec. 16D (§ 178.187 of this subchapter). Wirebound wooden overwrap, with inside spec. 2T (5 178.21 of 

this subchapter) polyethylene container. Authorized for hydrofluoric acid 

not over 70 percent strength. 

(4) Specification 12A or 12B 

(8§ 178.210, 178.205 of this subchapter). Fiberboard boxes with not 

more than four Specification 2E 

(J 178.24a of this subchapter) inside 

polyethylene bottles, having a minimum thickness of 0.030 inch and not 

over 1 gallon (nominal) capacity each. 

Bottle closures must be made secure 

by scaling with pressure-sensitive plastic tape or other equally efficient 

means. Authorized for acid not over 70 

percent strength. Authorize'" -««"• 

- 11(E) 2 -
P.34 

The Table also identifies certain shipping requirements for 

Hydrofluoric acid. 

Figure VI - Representative section from The Hazardous Materials Table. 

§ 172.101 Hazardous Material* Table—Continued 

II) 

+/ 

til 

KI 

W 

+ E 

E 

V. 

(2) 

Haurdous materials _«scriptions and proper 

shipping names 

Hydrocyanic acid solution, less than 5% 

hydrocyanic acid (RQ-10/4.54) 

Hydrofluoric acid, anhydrous. See 

Hydrogen fluoride 

Hydrofluoric acid solution (RQ-5000/2270) 

Hydrofluoric and sulfuric acid mixture 

•-** WO/2270. 


 

Hazard 

class 

Poison B 

Corrosive 

material 

Corrosive 

-w*»>..i 

OA) 

Identification 

number 

UN 1818 

UNI 790 

UN17B6 

(4) 

labeld) 

required 

Of not 

excepted) 

Poison 

Corrosive 

Corrosive 

(5) 

Packaging 

(a) 

Exceptions 

None 

173.244 

None 

ft) 

SpeciTic 

requirements 

178.3.^1 

17S.264 

173.290 

(6) 

Maximum net quantity 

in one package 

fa) 

Passenger 

carrying 

aircraft or 

railcar 

Forbidden 

1 quart 

Forbidden 

ft) 

Cargo 

only 

aircraft 

26 pounds 

1 gallon 

1 gallon 

(7) 

Wster shipments 

ft) 

Cargo 

vessel 

1 

1 

ft) 

r«-

senger 

vttssel 

ft 

4 

ft 

(c) 

Other requirements 

Shade from radiant heat 

Column 6(a) specifies that hydrofluoic acid solution may not be 

shipped in passenger carrying aircraft or railcars in outside packagings 

containing more than one (1) quart of the material. Cargo aircraft, 

however, may transport the hydrofluoric acid solution in outside 

packages holding up to one (1) gallon, as indicated in column 6(b). 

Column 7 outlines the loading and storing requirements for shipments 

by water. A "1" in column 7(a) means that the hydrofluoric acid may 

be stored "on deck", provided that it is shipped by cargo vessel. 

A "4" in column 7(b) limits the transportation of this material/waste 

by passenger vessel to small quantities identified in column 5(a). 

The small quantity shipment may then be stored in the same manner as 

specified for a cargo vessel. 

In addition to the packaging requirements pointed out in the 

Table, Part 173 includes the basic packaging requirements applicable 

to all shipments of hazardous materials/ wastes. 

1. General Packaging Requirements (Subpart A of the HMTR) 

This part of the regulations defines hazardous materials for 

transportation purposes and prescribes certain requirements which 

must be observed in preparing them for shipment. Materials are 

defined in terms of their hazard classes. Packagings and shipping 

instructions are designed to correspond with these classifications. 

Section 173.2 lists the hazard classes in a priority order based 

on the extent of danger a material may present in transportation 

whenever it exhibits certain hazardous characteristics. Any hazardous 

material having more than one hazard as defined in this 

part of the regulations (fordefinition of hazard classes see 

Appendix II ) must be classed and packaged according to the following 

order of hazards: 

- IKE) 3 -
P.35 

(1) Radioactive material 

(2) Poison A 

(3) Flammable Gas 

(4) Non-flammable Gas 

(5) Flammable liquid 

(6) Oxidizer 

(7) Flammable Solid 

(8) Corrosive material (liquid) 

(9) Poison B 

(10) Corrosive material (solid) 

(11) Irritating materials 

(12) Combustible liquid (in containers more than 110 gallons) 

(13) ORM-B 

(14) ORM-A 

(15) Combustible liquid (in containers less than 110 gallons) 

(16) ORM-E 

For instance, a material/waste that is both a flammable gas 

and an irritating material must be classed and packaged according to 

the requirements of a flammable gas because it appears third on the 

list, while an irritating material appears eleventh. This listing, 

however, Will not apply to materials/wastes specifically identified 

in the hazardous material table §172.101 as: 

Explosives, see §173.86 

Blasting Agents, see §173.114(a) 

Etiological Agents, see §173.386 

Organic Peroxide, see §173.151(a) 

Such materials/wastes must be classed and packaged according to the 

special requirements delineated in the regulation sections mentioned 

above. 

Other general regulations applicable to all packagings and 

shipments are listed in Table E-l. 

Table E-l General Regulations for Packagings 

TITLE 

Purpose & Scope 

Classification of 

a material having 

more than one hazard class 

Packaging & exceptions 

SUBJECT 

Purpose & scope of the 

packaging regulations 

Hierarchy of hazard 

classes 

Methods of manufacture 

& packagings for leaking 

containers 

SECTION 

17 3. 1 

17 3. 2 

17 3. 3 

- 11(E) 4 -
Table E-l continued 

P.36 

Shipments by Air 

US Government 

material 

Canadian Shipments 

packagings 

Prohibited Packaging 

Standard Requirements 

for all packages 

Additional requirements 173.6 

for packagings used for 

air transport 

Special requirements for 173.7 

hazardous materials sent by 

US government 

Shipments of hazardous material 173.8 

into the US from Canada 

Restrictions on packaging 173.21 

General packing requirements 173.24 

2. Preparation of Hazardous Materials for Transportation 

(Subpart B) 

Before offering a hazardous material/waste for transportation, 

a shipper (generator) must be certain that packages and containers 

meet all of the packaging and shipping requirements of the HMTR. 

Section 173.22 outlines the shipper's (generator's) responsibilities 

for the packaging of hazardous materials/wastes. A shipper 

(generator) must determine that all containers used are assembled 

with all parts or fittings in their proper place and properly secured 

and marked in accordance with the applicable specifications prescribed 

iri Parts 178 and 179. In determining whether a specification container 

is manufactured in accordance with the applicable specifications, the 

shipper (generator) may accept a manufacturer's certification or 

specification marking. The shipper (generator) must also be certain 

that the packagings used are not of the type prohibited in Section 

173.21 of the HMTR. 

In addition, a shipper (generator) may also apply for a DOT 

exemption allowing him to use a container or package other than the 

one required for a particular material. An exemption authorizes a 

single shipper (generator) to transport a hazardous material/waste 

which may not be included under the HMTR or to use for a specified 

length of time a container which is not specifically authorized by 

DOT. A DOT exemption is only provided when the shipper (generator) 

is able to show that his proposal achieves a level of safety at least 

equal to that specified in the regulation from which the exemption is 

- IKE) 5 -
sought. If the regulations do not contain a specified level of 

safety, the proposal must then be "consistent with the public 

interest and adequately protect against risks to life and property." 

(49 CFR 107.101) Applications for the DOT packaging exemption or 

for a renewal after the exemption has expired must be made in accordance with §§107.103(new) and 107.105(renewal), and be presented to 

the Office of Hazardous Materials Regulation, DOT. Remember, however, 

a DOT exemption from a certain packaging requirement does not necessarily exclude the shipper (generator) 

from the manifest/shipping paper, labeling, marking or placarding 

requirements of DOT or EPA. 

Along with the basic responsibilities outlined above, the 

shipper (generator) must recognize further the general standards and 

requirements applicable to all packagings and containers used to 

ship hazardous materials/wastes. These requirements are as follows: 

(1) no "significant" release of a hazardous material/ waste can 

occur into the environment, (2) the effectiveness of a packaging or 

container cannot deteriorate, and (3) no mixture of gases can occur 

which through a credible spontaneous increase of heat or pressure or 

through an explosion might reduce the effectiveness of the packaging 

(49 CFR 173.24 a,b,c). In addition, all packagings which are used 

to transport hazardous materials/wastes must conform to the design 

and construction criteria specified in section 173.24. 

The reuse of containers for hazardous wastes is of particular 

interest to hazardous waste generators. If DOT regulations do not 

limit a packaging or container to non-reusable (NRC) or singletrip 

(STC), its reuse is authorized, but subject to the special requirements of §173.28 as well. Although this section of the HMTR allows 

for the reuse of containers, the general responsibility for assuring 

the safety of the container is placed on the shipper (generator) by 

sections 173.22, 173.24, 173.28. Therefore, any shipper (generator) 

who plans to reuse a container or packaging for the transportation of 

a hazardous material/waste must make certain that the packaging 

"complies in all respects with the prescribed requirements" for the 

original container (§173.28). Thorough visual inspections and non-1 

destructive testing may be necessary to comply with these requirements. Part 173 specifies when inspections and re-tests must 

be done. 

In addition to the foregoing conditions that apply to the 

reuse of containers, there are certain instances when a NRC or 

STC may be reused to transport a hazardous waste. Section >: 

173.28(p) authorizes the reuse of NRC or STC for the shipment of 

hazardous wastes to designated facilities provided that the 

following conditions are satified: 

(1) The waste must be packaged in accordance with the 

requirements of Parts 173, 178 and 179 and offered 

for transportation in accordance with the general 

manifest, marking, labeling and placarding requirements of the HMTR. 

- II(E) 6 -
P.38 

(2) Transportation is performed by highway only. 

(3) A package is not offered for transportation less than 

24 hours after it is finally closed for transportation, 

and each package is inspected for leakage immediately 

prior to being offered for transportation. 

(4) Each package is loaded by the shipper and unloaded by 

the consignee, unless the motor carrier is a private 

or contract carrier. 

(5) The packaging can be used only once and can not be used 

again for shipment of hazardous materials except in 

accordance with section 173.28(m) and (n) which authorizes 

the reuse of containers for certain materials, provided 

that the containers are cleaned, repaired and reconditioned 

as specified therein. 

Included within this section are additional regulations 

applicable to other types of containers which may be used to 

transport hazardous materials/wastes. Table E-2 lists the 

regulation sections which apply to these packagings. 

Table E-2 Regulations & Specification for Packaging & Shipments 

TITLE SUBJECT SECTION 

Previously authorized packaging 

Authorized packages 

in outside containers 

Regulation specific to certain 173.23 

packagings previously authorized 

General specifications for DOT 173.25 

outside containers 

Quantity limitations & metric measurements 

Use of English & metric unit 

measures 

173.26 

Aircraft quantity 

Limitations 

Explanation of maximum quantity 17 3.27 

limits 

Empty Packagings, 

portable tanks, 

cargo tanks and 

tank cars 

Regulations pertaining to empty 173.29 

packagings, portable tanks, cargo 

tanks and tank cars 

- 11(E) 7 -
Table E-2 continued 

P.39 

Qualification, 

maintenance and 

use of tank cars 

Qualification, 

maintenance and 

use of portable 

tanks 

Regulations pertaining to 

qualification, maintenance 

and use of tank cars 

Regulations pertaining to 

qualification, maintenance 

and use of portable tanks 

Qualification, Regulations pertaining to 

maintenance and qualification, maintenance 

use of cargo tanks and use of cargo tanks 

Qualification, 

maintenance and 

use of cylinders 

Regulations pertaining to 

qualification, maintenance 

and use of cylinders 

173.31 

173.32 

173.33 

173.34 

Subparts C through 0 of Part 173 provide the specific 

packaging and shipping requirements for each of the 16 DOT classes 

of hazardous materials/wastes and for the individual materials 

within each class. Prior to each subpart's instructions on shipping 

and packaging is a definition of the characteristics of each hazard 

class. In determining which packaging is appropriate for a 

particular material/waste, the shipper should consult the Hazardous 

Material Table for the specific regulation section listed in column 

5. Column 5 references the section within these subparts. (See 

beginning of this section on Packaging for an example of how to 

use the Table in conjunction with these Subparts). Table E-3 

delineates the classes of hazardous materials/wastes for shipping 

and packaging, and lists the sections in which they are regulated. 

Table E-3 

Classes of Hazardous Material Regulations for Shipping and Packaging 

Class 

Explosives 

Flammable, Combustible, and 

Pyrophoric Liquids 

Subpart 

C 

D 

Section 

173.50 - 173.114 

173.115 - 173.149a 

- 11(E) 8 -
Table E-3 continued 

P.40 

Flammable Solids, Oxidizers, E 

Organic Peroxides 

Corrosive Materials 

Compressed Gases 

Poisonous Materials, 

Etiologic Agents and 

Radioactive Materials 

Special Requirements 

ORM A, B, C, D, and E 

F 

G 

H 

J,K,L,M,N,0 

173.150 - 173.239a 

173.240 - 173.299a 

173.300 - 173.316 

173.325 - 173.399 

173.400 - 173.432 

173.500 - 173.1300 

Specifications for Containers. The requirements and 

specificiations for hazardous materials and waste shipping 

containers are also regulated under the provisions of Title 49, 

Parts 178 and 179. These parts of the regulations delineate the 

manufacturing and testing specifications for packaging and 

containers used for the transport of hazardous materials/wastes 

in commerce. 

Part 178 - Shipping Container Specifications. Part 178 

delineates the specifications for the classes of shipping 

containers. It defines each of the classes of containers and 

states the specifications as to the design, the dimensions, and 

the capacity of hazardous materials/waste containers. It also 

sets the standards for materials which may be used to manufacture 

or construct the containers, the testing requirements for the 

containers, the packaging, padding and cushioning requirements, 

and the use and reuse criteria for containers. The classes of 

shipping specifications are shown in Table E-4 (next page). 

- 11(E) 9 -
P.41 

Table E-4 Part 178: Classes of Shipping Containers 

Class 

Carboys, Jugs in Tubs, and Rubber 

Drums 

Inside Containers, and Linings 

Cylinders 

Metal Barrels, Drums, Kegs, Cases, Trunks, 

and Boxes 

Wooden Barrels, Kegs, Boxes, Kits, 

and Drums 

Fiberboard Boxes, Drums and Mailing 

Tubes 

Portable Tanks 

Containers for Motor Vehicle transport 

including tanks and tank cars 

General Packaging 

Section 

178.1 - 178.19 

178.20 - 178.35a 

178.36 - 178.68 

178.80 - 178.150 

178.156 - 178.198 

178.205 - 178.241 

178.245 - 178.255 

178.315 - 178.343 

178.350 - 178.350-3 

Part 179 - Specifications for Tank Cars. Part 179 delineates the 

specif icationis for tanks which are part of or are mounted on a rail 

tank car used to transport hazardous materials. It defines four 

different classes of tank cars, and sets the specifications for 

design, dimensions, and capacity of the tank car. It also regulates 

the materials which may be used to manufacture or construct the 

tank car, the testing requirements for the tank car, and the standards 

for use and reuse of the tank car. The four classes of tank car 

specifications, as well as general design requirements are shown 

in Table E-5 (next page). 

- 11(E) 10 -
P.42 

Table E-5 Part 179: Classes of Tank Cars 

Class Section 

General Design Requirements 179.10 - 179.14 

Pressure Tank Car Tanks 179.100- 179.105 

Non-Pressure Tank Car Tanks 179.200- 179.221 

Multi-Unit Tank Car Tanks 179.300- 179.302 

Liquified Hydrogen Tank Car Tanks & 179.400- 179.500 

Seamless Steel Tanks 

- II(E) 11 -
P.43 

F. Transportation 

Introduction 

According to the HMTR, any hazardous material/waste to be 

transported to a designated off-site facility must be done so in a 

manner that best provides protection to environment and human health. 

The following section discusses the DOT requirements for transporting 

hazardous material/wastes by the various modes, namely: rail, 

aircraft,vessel, and highway. 

- 11(F) 1 -
P.44 

F. Transportation 

1. By Rail (Part 174) 

With regard to the transportation of hazardous materials/ 

wastes by rail, the HMTR require that shipments be prepared 

in accordance with Parts 171,172, and 173 of Title 49 CFR before 

acceptance by any carrier. Once accepted, each package must be 

forwarded to its destination, unless it is found to be leaking 

or in an unsafe condition. Before accepting a shipment of 

hazardous materials/wastes for transport, each carrier must 

also: 

(1) Obtain the proper shipping paper/manifest 

from the shipper (generator)(section 174.24) 

(2) Inspect the shipment to make sure it 

conforms with the shipping paper/manifest. 

In addition, packaging and storage conditions 

should be checked and the inspection must be 

open, as well, to authorized representatives 

of the department and the Bureau of Explosives 

(section 174.8) 

Carriers transporting by rail are also required to forward 

shipments to destinations specified as quickly as possible. 

The time constraints for movements of hazardous materials/wastes 

are given in 49 CFR section 174.14. 

Subpart C of these regulations deals with the handling, 

loading, and unloading of hazardous materials/wastes when 

transporting by rail. The regulations under this subpart 

require the following: 

(1) Proper bracing and blocking of the materials 

aboard the transporting car; 

(2) Cleaning of cars that have had hazardous material/ 

waste leaks; 

(3) Proper placarding of the materials; and 

(4) Proper segregation of the materials/wastes 

when applicable. Hazardous materials/wastes 

may not be transported together except as 

provived in Table F-2 (see pages II F-5- and -6-) . 

Special regulations are also required for piggy back trialeron-flat-car (TOFC) operations (49 CFR section 174.61) and for 

portable tank operations (49 CFR section 174.63). Section 

174.61 identifies the special provisions for loading and bracing 

TOFC's and certain restrictions regarding the transportation of 

hazardous materials/wastes in TOFC's. Section 174.63 specifies 

the provisions for loading and the conditions requiring 

- 11(F) 2 -
P.45 

bracing and tie-down for portable tank operations. In addition, 

other specified procedures for loading tank cars are listed 

in 49 CFR section 174.67. Table F-1 contains a summary of the 

special regulations that apply to rail shipments of certain 

hazardous materials/wastes. 

Table F-1 Summary of Special Handling Requirements For Rail 

Transportation of Hazardous Materials By Hazard Class. 

Hazard 

Class 

49 CFR 

Section Summary of Regulations 

Explosives Subpart E Regulations concerning 

forbidden explosives, loading and 

and inspection, certification and 

routing of Class A, B, and C 

explosives. 

Gases Subpart F Rules for special handling of 

compressed gas cylinders, tank 

cars and poison gases. 

Flammable 

Liquids 

Subpart G Regulations concerning special 

handling of cylinders, drums 

and trailers containing flamFlammable 

Solids 

Subpart H Regulations for special handling 

of matches, fire damaged cotton, 

charcoal, and poisonous flammable 

solids. 

Oxidizers Subpart I Rules for handling nitrates, 

permanganates and poisonous 

oxidizers. 

Poisonous 

Materials 

Subpart J Regulations for handling Poison 

A materials, cleaning contaminaed cars and prohibition of 

transporting poisons with food 

stuffs. 

Radioactive 

Materials 

Subpart K Requirements for special handling 

and cleanliness for low specific 

activity radioactive yellow II 

c_- 7"II and fissile class III 

materials. 

Corrosive 

Materials 

Subpart L Special handling requirements 

for corrosive materials, storage 

batteries and nitric acid. 

- 11(F) 3 -
P.46 

Except as provided in section 172.205, the proper shipping 

paper/manifest must accompany any shipment of hazardous material/ 

waste offered for transportation by rail, and the papers must be 

in the possession of one of the crew members aboard the transporting 

train. A certificate may be required on the shipping paper/manifest 

as indicated in section 172.204. These requirements do not 

jlpply to materials/wastes offered for tansportation which 

are classed as ORM - A,B,C or D. 

In addition, each train crew that transports a hazardous 

material/waste must have documents indicating the location of each 

placarded hazardous material/waste on the train. A train manifest 

may be used to meet this requirement and the DOT requires that this 

document be transferred from crew to crew at all points of train and 

engine crew exchange. 

Special billing information is given in section 174.25. Each 

waybill, switching ticket, or switching order must contain the same 

descriptive information as required on the shipping paper/manifest of 

a hazardous material/waste shipment. The carrier must also mark the 

shipment as prescribed in section 174.25(a). Listed under this section 

is the information required on the switching document when switching 

operations occur. Specifically, any waybill, switching ticket, or 

switching order must contain: 

(1) The proper DOT shipping name and hazard class specified 

for the material/waste in section 172.101; 

(2) The total quantity of hazardous material/waste; 

(3) The shippers certification and signature specified in 

section 172.204, except when a certfied bill of lading 

is offered to the carrier(transporter); 

(4) the placarded notation specified in either Table 1 or 

2, as appropriate, in section 174.25(a); 

(5) the letters "RQ" before or after the basic description 

for any entry that is a hazardous substance. 

In addition, waybills, switching tickets, and switching orders must 

contain information identifying specifically which containers hold 

hazardous materials/wastes along with a "placard endorsement" on the 

waybill to draw attention to the dangerous nature of that 

shipment. For empty, uncleaned tank cars previously containing 

hazardous materials/wastes, the waybills must include the precautionary wording which is specified in section 174.25 (example: 

"EMPTY: Sulfuric acid, Corrosive material, UN 1830, Placarded:" 

or "EMPTY: Last Contained Sulfuric acid, Corrosive material, 

UN 1830, Placarded". 

- 11(F) 4 -
P.47 

% 

-

Table F-2 Hazardous Materials That 

Together 

Hazardous Material 

(see footnote) 

Low Explosives or 

Black Powder 

High or Propellant 

Explosives, Class A 

Initiating or 

Primary Explosives 

Blasting Caps 

Ammunition for 

Explosive Projectiles 

Explosive Projectiles 

Detonating Fuzes, Class A 

Ammunition for Cannon 

and Rocket with 

Projectiles 

Propellant Explosives, 

Class B 

Code 

a 

b 

c 

d 

e l-h 

g 

1 

2 

• 

Should Not Be Transported 

Hazardous Material, 

(See Code Explanation at Left) 

a b c d e f g 1 2 3 4 5 6 7 8 9 10 11 12 13 

X' X ' XX X 

X X X X XX X 

X X XXXXXXXXXXXX X X X 

XXX X X xx x 

X X X X XX X 

X X X X xx x 

XXX X X xx x 

x 

x 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

14 

X 

X 

X 

X 

X 

X 

X 

X 

X 

15 16 

X 

X 

X 

X 

X. 

X 

X 

Fireworks, special or 3 XXXXXX X X 

railway torpedoes 

Small Arms Ammunition, 4 X 

or cartridges 

Primers 5 X 

Percussion Fuzes, or 6 X 

Tracers 

Time,Combination, or 7 X 

Detonating Fuzes, Class 

C 

Cordean Detonant Fuse, 8 X 

Safety squibs, Fuse 

lighters, Fuse igniters, 

Delay electric igniters, 

Electric squibs, Instantaneous fuse or igniter 

cord 

- H(F) 5 -
Table F-2. continued 

P.48 

Hazardous Material 

(see footnote) 

Code Hazardous Material 

(See Code Explanation at left) 

a b c d e f g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 

Fireworks 

Flammable Liquids or 

Gases 

Flammable Solids or 

Oxidizers 

Corrosive Materials 

Nonflammable Gases 

Poisonous Gases or 

Liquids 

9 

10 

11 

12 

13 

14 

Radioactive Materials 15 

Blasting Agent 16 

X X X X X X X 

X X X X X X X 

X X X X X X X 

XXXXXXXX X 

X X X X X X X 

XXXXXXXXX X 

X X X X X X X 

X X 

X 

X 

X X 

XXX X 

Letter X at intersection of horizontal and vertical columns shows 

combinations that must not be loaded, stored or transported 

together. For example, Corrosive Materials (12) should not be 

loaded with Flammable Solids or Oxidizers (11). 

Note: For exceptions and/or special provisions to these requirements, see Section 

174.81 of the HMTR. 

- 11(F) 6 -
P.49 

Section 174.25 also requires that whenever Explosive A 

shipments are transported by rail, the carrier must: 

(1) Make a record of the car, originating point, 

carrier's name and date of the car certificate; and 

(2) Inspect the blocking and bracing, and certify 

compliance with the requirements of this part. 

In the event of a hazardous material/waste incident, incident 

reports are required under certain conditions. Section 171.15 

requires each carrier to make a telephoned report to DOT — (800) 

424-8802 when a hazardous material/waste incident occurs. Incidents 

involving an etiologic agent must be reported by phone, instead, 

to the Center for Disease Control, U.S. Public Health Service, 

Atlanta, GA. — (404) 633-5313. A telephoned report must be made 

after each incident in which: 

(1) A person is killed; 

(2) A person receives injuries requiring 

his hospitalization; 

(3) Estimated carrier or property damage 

exceeds $50,000; 

(4) Fire, breakage, spillage, or suspected 

contamination occurs involving shipment 

of radioactive material; 

(5) Fire, breakage, spillage, or suspected 

contamination occurs involving shipment 

of etiologic agents; or 

(6) A situation exists of such a nature that, 

in the judgment of the carrier,- it should 

be reported in accordance with this section 

even though it does not meet the criteria 

of (1), (2), or (3) above; e.g., a continuing 

danger to life exists at the scene of the 

incident. 

Each telephoned report must include the following: 

(1) Name of reporter; 

(2) Name and address of carrier(transporter) 

represented by reporter; 

- 11(F) 7 -
P.50 

(3) Phone number where reporter can be contacted; 

(4) Date, time and location of incident; 

(5) The extent of injuries; 

(6) Classification, name, and quantity 

of hazardous materials/wastes 

involved, if such information is 

available; and 

(7) Type of incident and nature of hazardous 

material/waste involvment and whether a 

continuing danger exists at the scene. 

In addition, Section 171.16 requires each carrier making 

a report under section 171.15 to submit the same report in 

writing on the DOT Form F 5800.1 to the Chief, Information 

Systems Division, Transportation Programs Bureau, Department 

of Transportation, Washington, D.C. 20590. This report must 

be filed within 15 days of the date of the incident. 

Section 171.17 applies to hazardous substance discharges 

and requires in the event of a discharge, that the person 

in charge of the vehicle make: 

(1) a telephoned report to the U.S. Coast Guard 

National Response Center at (800)424-8802 or (202)426-2675 

supplying : (1) the information required by §171.15, 

(2) the name of the shipper of the substance, and (3) the 

quantity of substance discharged, if known. The carrier shall 

make this notification if the person in charge is incapacitated 

or otherwise unable to notify. In addition, Part H of the required 

report under §171.16 must include: (1) an estimate of the quantity 

of substance unremoved from the scene and (2) the manner of 

disposition of any removed substance. 

Leaking packages of hazardous materials/wastes, other 

than tank cars, may not be forwarded for transportation until 

the packages are repaired or reconditioned. However, leaking or 

defective packages may be overpacked in DOT specification 

drums that are: 

(1) Compatible with the leaking material/waste; 

(2) Provided with adequate closures; and 

(3) When appropriate, provided with sufficient 

cushioning and absorption materials. 

- 11(F) 8 -
P.51 

A non-DOT specification drum may be used provided that it 

does not exceed a 110-gallon capacity and provides equal or 

better protection to the environment than the drums normally 

required by DOT. The carrier has the option to forward the 

shipment to its destination or return it to the shipper for 

disposal or repacking. 

Actions which should be taken when leaking tank cars 

are discovered are stated in section 174.50. In general, the 

section requires that: 

(1) leaking tank cars should not be unnecessarily 

moved until corrected; and 

(2) leaking tank cars must be protected against 

ignition. 

In addition, this section addresses special marking, removal 

and moving requirements. Tank cars with small leaks may 

continue in transit if actions are taken to prevent the 

leak from spreading. For other pertinent regulations on 

spill incidents and leaking containers during transport by 

rail, see Table F-3. 

Table F-3 Pertinent Rail Spill Incident Regulations 

Topic 

49 CFR 

Section Subject 

Disposition of 174.103 

damaged 

shipments 

Poison A shipped 174.290 

by, for, or to 

the Department 

of Defense 

Regulations with regard to handling, 

repackaging, disposition, and 

inspection of damaged materials. 

Leaking container requirements for 

the shipment of Poison A. 

Incidents 

involving leakage of radioactive material 

174.750 Regulations with regard to 171.15 

and 171.16, notification of the 

shipper, use, and service restrictions, segregation of materials, 

and assistance procedures. 

With regard to the regulations concerning transporters 

of hazardous wastes, EPA has adpoted certain DOT regulations 

governing the rail and bulk water transportation of hazardous 

materials. These regulations were adopted to ensure consistency 

- 11(F) 9 -
P.52 

with the DOT requirements of 49 CFR Parts 171 through 179. 

This avoids the establishment of duplicative and conflicting 

requirements between the agencies with respect to hazardous 

waste transportation. 

In 40 CFR 263, the EPA established requirements for 

transportation of hazardous waste by rail. These requirements 

were adopted, in recognition of rail transporters' computerized 

tracking and information systems, to make the practical 

operation of the manifest system possible without substantially 

reducing protection to human health and the environment. 

The EPA does not require rail transporters to send the manifest 

directly with a waste shipment. The manifest requirements 

for shipments involving rail transportation are listed in 

§263.20(f). 

- 11(F) 10 -
P.53 

2. By Aircraft (Part 175) 

This part of the HMTR pertains to hazardous materials/ 

wastes transported by aircraft. Section 175.30 specifies the 

general conditions for which a hazardous material/waste may 

be accepted for transportation by this mode. It states that 

no person may accept a hazardous material/waste for transportation by aircraft, unless the hazardous material/waste is: 

(1) Either authorized or within the quantity 

limitation specified for aircrafts according 

to column (6) of the Hazardous Materials Table 

in 172.101; 

(2) Described and certified on a shipping paper 

or manifest, as appropriate; 

(3) Labeled and marked, or placarded (when 

required) in accordance with the requirements 

of section 172.300 - 172.558; and 

(4) Labeled with the "CARGO AIRCRAFT ONLY" label, 

if the material/waste is not permitted aboard 

passenger-carrying aircrafts as specified in 

column (6) of the Hazardous Materials Table 

of 172.101. 

In addition, each operator of an aircraft must inspect all 

packages and outside containers carrying a hazardous material/ 

waste to verify that they are packaged in accordance with 

the packaging requirements prescribed for that material/waste 

in section 173 of the HMTR. A package or container may 

not be accepted by a carrier if it has holes, is leaking 

or otherwise damaged. In the event that a package has been 

damaged or is leaking, section 175.90 requires that it must 

be removed from the aircraft. The general requirements of 

section 175.30 , however, allow materials/wastes classed as 

ORM-D which are packed in freight containers and offered 

for transport by one consignor to be excluded from the foregoing 

requirements. 

Section 175.45 requires an aircraft operator to report to 

the Federal Aviation Administration (FAA), Civil Aviation Security 

Office when a hazardous materials/ waste incident occurs. The 

operator must notify by telephone one of the foregoing officers at 

the earliest practicable moment following an incident in which any 

hazardous material/ waste causes or may cause injury to human 

health or property damage. Incidents involving the shipment of 

etiologic agents require an alternative report which should be 

- 11(F) 11 -
P.54 

telephoned directly to the Director, Center for Disease Control, 

U.S. Public Health Service, Atlanta, Georgia, (404) 633-5313. 

The aircraft operator is also required to submit in duplicate, a 

report on DOT Form 5800.1 within 15 days of the date of discovery of 

each incident. The report should be sent to the Chief, Information 

Systems Division, Transportation Programs Bureau, Department of 

Transportation, Washington, D.C, 20590, with a separate copy to the 

FAA facility indicated above (49 CFR 175.45(a)). 

Section 175.75 governs the quantity of a hazardous material/ 

waste that is permitted to be carried aboard an aircraft. Not more 

than 50 lbs. (net weight) of hazardous material/waste and 150 lbs. of 

non-flammable compressed gas may be carried aboard a passengercarrying aircraft, freight container within an accessible cargo 

compartment, or accessible cargo compartment in a cargo-only aircraft. 

There is no limit to the number of packages of ORM materials/wastes 

permitted aboard an aircraft for transport. Excepted from these 

regulations are hazardous materials/wastes that are permitted 

in Part 17 2 of the HMTR. Table F-4 gives a summary of some 

other regulations addressed under this part of the HMTR. 

Table F-4 Regulations governing Transportation by Aircraft 

Topic 49 CFR 

Section 

Summary 

Purpose and Scope 

Exceptions 

Compliance 

Shipping papers 

Labels 

Compatibility of 

cargo 

Orientation of 

cargo 

175.1 

175.10 

175.20 

175.35 

175.40 

175.78 

175.79 

Requirements for 

aircraft operators 

Items not subject 

to these regulations 

Responsibility of 

operator to comply 

with the HMTR 

Required documents 

for transporting 

Keeping and replacing 

of labels 

Requirments for stowage 

compatibilty 

Cargo orientation 

requirements for 

loading and storage 

- 11(F) 12 -
P.55 

••> 

-

>» 

Table F-4 continued. 

Topic 

Cargo location 

Self-propelled 

vehicles 

Small passengercarrying aircraft 

Cargo-only aircraft 

Poisons 

ORM 

Radioactive materials 

49 CFR 

Section 

175.85 

175.305 

175.310 

175.320 

175.630 

175.640 

175.700 

- 11(F) 13 -

Summary 

Requirements for 

location of cargo in 

aircraft 

Requirements for 

drainage,fuel tank, 

and ventilation 

Requirements for 

transportation of 

flammable liquid fuel 

Conditions requiring 

transportation as such 

Special requirements 

for transporting 

Special requirements 

for transporting 

Asbestos 

Regulations regarding 

stowage,incidents, 

quantity and prohibition conditions. 
P.56 

3. By Vessel (Part 176) 

Transportation of hazardous materials/wastes by vessel 

is governed by Titles 46 and 49 of the CFR. A vessel must 

meet the federal requirements for design and condition, and 

operate in accordance with 49 CFR 176 before it can transport a shipment of hazardous material/waste. Included under this 

section of the HMTR are those regulations governing: 

(1) Operating requirements; 

(2) Handling and stowage requirements 

(including segregation); 

(3) Detailed requirements for specific 

hazardous materials/wastes; and 

(4) Requirements for spill response. 

There are four pertinent operating requirements for 

carriage of hazardous materials/wastes by vessel: 

(1) Shipping paper/manifest; 

(2) Certification; 

(3) Inspection; and 

(4) Segregation. 

Shipments of hazardous materials/wastes being transported by 

vessel must be accompanied by the proper shipping paper/ 

manifest. The proper DOT shipping name, the hazard classification, and the total quantity of the material/waste being 

shipped must appear on the paper, in addition to the information 

required in 49 CFR 172.202 and 172.203 (see section D of this 

manual). A certificate prepared in accordance with 172.204 

must also accompany a hazardous material/waste shipment 

transported by vessel. This certificate verifies that the 

hazardous material/waste has been properly prepared for transport 

according to DOT regulations. 

Section 176.83 lists the specific stowage and separation 

constraints for hazardous materials/wastes accepted for 

transport aboard a vessel. Table F-5 specifies the categories of 

explosives not permitted to be stowed together and Table F-6 

lists the minimum separation requirements that apply with 

the exception of ferry vessels. After proper stowage, periodic 

inspections must be conducted to ensure that the cargo is 

in safe condition and that there is no damage to any of the 

packages. 

- 11(F) 14 -
P.57 

Table F-5 Restrictions on Stowage of Hazardous Materials 

1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 

Class A Explosives 

1 Low explosives or X X X 

black powder 

2 High explosives, XXX X X 

Class A 

3 Initiating or X X XXXXXXXXXXXX X 

primary explosives 

4 Blasting caps XXX X X X 

5 Ammunition for XXX X X 

explosive projectiles 

6 Explosive projectiles XXX X X 

7 Detonating fuzes, XXX X X X 

Class A 

Class B Explosives 

8 Ammunition for cannon X 

or rocket with empty, 

inert-loaded or solid 

projectiles, or without 

projectiles 

9 Propellant Explosives, X 

Class B 

10 Fireworks, special or XXXXXX X 

railway torpedoes 

Class C Explosives 

11 Small Arms 

ammunition 

12 Primers 

13 Percussion fuzes, 

or tracers 

X 

X 

X 

- 11(F) 15 -
Table F-5. continued 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 

14 Time, combination, 

or detonating fuzes, 

Class C 

15 Cordean detonant fuse, 

safety squibs, fuse 

lighters, fuse igniters, 

delay electric igniters, 

electric squibs, instantaneous fuse or igniter 

cord 

16 Fireworks, highway or 

railway fuses 

X X X X X X X 

17 Blasting agent, no 

18 Ammonium nitrate -

fuel oil mixtures 

X 

X 

X 

X 

Table F--6 Separation Requirements for Stowage 

1(A) 1(B) KC) 2(A) 

Of 

2(B) 

Hazardous Materials 

3 4(A) 4(B) 4(C) 5(A) 5(B) 6<A) 6(B) 7 6 9 

EXPLOSIVES A 1(A)*''424444442224 0 

EXPLOSIVES B KB) '''424334442222 0 

EXPLOSIVES C. BLASTING AGENTS KC) '''212222221022 0 

FLAMMABLE COMPRESSED GASES 2(A) 4 4 2 02121240021 0 

NONFLAMMABLE COMPRESSED GASES 2(B) 2 2 1 0 2010020010 0 

FLAMMABLE OR COMBUSTIBLE LIQUIDS 3 4 4 2 2 2 222232021 0 

FLAMMABLE SOLIDS 4(A) 4 3 2 1 0 2 111 2 0 0 2 1 0 

FLAMMABLE SOLIDS LABELED SPONTANEOUSLY COMBUSTIBLE 4(8) 4 3 2 2 1 2 1 1 2 2 1 0 2 1 0 

FLAMMABLE SOLIDS LABELED DANGEROUS WHEN WET 4(C) 4 4 2 1 0 2 1 1 2 2 0 0 2 1 0 

OXIDIZERS 5(A) 44220212 2 2 0 1 1 2 0 

ORGANIC PEROXIDES 5(B) 442423222 2 2 1 2 2 0 

CLASS A POISONS 6(A) 2 2 1002 0 100 2 0 1 0 0 

CLASS B POISONS OR IRRITATING MATERIALS 6(B) 22000000 0 1 1 0 0 0 0 

RADIOACTIVE MATERIALS 7222212222121 0 2 0 

CORROSIVE MATERIALS 84221011112200 2 0 

OTHER REGULATED (ORM) MATERIALS 900000000000000 0 

- 11(F) 16 -
P.59 

The symbols used in Table F-6 mean the following: 

(1) "1" - Away from — means effectively segregated so that 

materials may not interact dangerously 

in the event of an accident. 

(2) "2" - Separated from — means in separate holds when stowed 

"under deck". For "on deck" stowage, 

"away from" segregation is authorized. 

(3) "3" - Separatd by a complete cargo compartment or hold from. 

(4) "4" - Separated longitudinally by an intervening complete 

cargo compartment or hold from. 

(5) "0" - No general segregation specified; individual entries 

in the Hazardous Material Table in 172.101 of the 

HMTR should be consulted. 

(6) "*" - Consult Table F-5 of this section for segregation 

requirements between different explosives. 

The general handling and stowage regulations for 

vessels concern materials/wastes shipped in either bulk or 

containers, and also those materials/wastes being transported 

within another vehicle aboard the vessel. There are further 

requirements for the preparation of the vessel prior to the 

loading of hazardous materials/wastes, for supervision during 

the loading and stowage of the shipment, for stowage and 

for the use of power-operated industrial equipment on board 

the vessel when loading or unloading. In addition, the 

regulations have detailed requirements specifically for the 

shipment of certain hazardous materials/wastes. These regulations pertain to the general procedures for operation, 

handling and stowage, and obtainment and use of permits to 

transport hazardous materials/ wastes. The various sections 

addressed under this part are listed in Table F-7 (next page). 

It should be noted that the general handling and stowage 

requirements, and the operating requirements work in conjunction with each other and thus, must be observed accordingly. 

- 11(F) 17 -
' t. . 

Table F-7 Summary of Special Regulations 

Materials/Wastes by Vessel 

Topic 

Ferry vessels carrying 

vehicles loaded with 

hazardous materials 

Barges 

Explosives 

Compressed Gases 

Flammable and 

Combustible Liquids 

Flammable solids, 

oxidizers, organic 

peroxides and blasting 

Poisons and Irritating 

materials 

Radioactive materials 

Corrosive materials 

ORM 

49 CFR 

Part 176 

Subpart E 

Subpart F 

Subpart G 

Subpart H 

Subpart I 

Subpart J 

Subpart L 

Subpart M 

Subpart N 

Subpart 0 

11(F) 18 -

for Transporting Hazardous 

Summary of Contents * 

Regulations pertaining 

to control,handling and 

special equipment 

Detailed requirements 

for stowage, special 

permits and construction 

Detailed requirements 

Detailed stowage 

requirements; warning 

signs 

Detailed requirements for 

stowage,fire protection, 

use of flashlights, 

transportation and 

Detailed requirements for 

stowage, special permits 

and transportation and 

warning signs 

Detailed requirements 

for stowage; care for 

certain leaking or 

sifting items 

Detailed requirements 

for stowage, leaking 

or sifting, and contamination control s 

Detailed stowage 

requirements 

Detailed stowage 

requirements for certain 

materials; special 

requirements for 

mechanical equipment 
P.61 

According to Title 49, the regulations governing emergency 

situations require the master of the transporting vessel to provide 

for its safe operation. In the event of an accident resulting in 

damaged packages or emergency use of unauthorized packages, the 

operator of the vessel must notify the nearest Captain of the Port, 

U.S. Coast Guard for further instruction. If hazardous materials/ 

wastes are jettisoned or lost, the master of the vessel must then 

notify the nearest Captain of the Port and the Commandant (GMHM), as 

soon as possible regarding: ' 

(1) The location of the material/waste; 

(2) The quantity; and 

(3) The type of material/waste. 

The U.S. Coast Guard is currently amending their Title 46 

regulations to include regulations for transportation of hazardous 

wastes in bulk. Once these regulations are approved, transporters 

carrying hazardous wastes will be required to adhere to these 

requirements. 

EPA regulations under Title 40 Part 263 also govern bulk water 

shipments. These regulations state that the manifest need not accompany 

a hazardous waste shipment. The shipper (generator) may send the 

manifest directly to the treatment, storage, or disposal facility, 

if: 

(1) The material is delivered by water (bulk shipment) to 

the designated facility; and 

(2) The shipping paper accompanying the shipment contains 

all the information required on the manifest, except 

EPA ID number, generator certication and signature; and 

(3) The delivering transporter has the owner or 

operator of the designated facility to sign 

and date the delivery of the shipment on the 

manifest or shipping paper; and 

(4) The person delivering the shipment to the initial 

transporter obtains the date of delivery and 

signature of the water(bulk shipment) transporter 

on the manifest and forwards it to the designated 

facility; and 

(5) Each vessel transporter retains a copy of the 

shipping paper or manifest for 3 years from the 

date the shipment was accepted by the initial 

transporter. 

- 11(F) 19 -
P.62 

4. By Highway (Part 177) 

The trucking industry is governed by various parts of 

DOT. The Motor Carrier Safety Regulations (MCSR-49 CFR Part 

397) and the Hazardous Materials Transportation Regulations 

(HMTR-49 CFR Part 177) are the principle safety regulations 

that apply to the transportation of hazardous materials/wastes 

via highway. The Motor Carrier Safety Regulations govern 

those aspects of transportation concerning in transit operation. 

Included under Subpart A of Part 173 are requirements for: 

(1) Compliance with Federal Motor Carrier Safety 

Regulations (FMCSR); 

(2) State and local laws, ordinances, and 

regulations; 

(3) Attendance and surveillance of motor vehicles; 

(4) Parking; 

(5) Routes; 

(6) Fires; 

(7) Smoking; 

(8) Fueling; 

(9) Tires; 

(10) Instructions and documents; and 

(11) Marking of vehicles operated by private 

carriers. 

According to the HMTR under 49 CFR Part 177, motor 

carriers may accept for transportation only those shipments 

prepared in accordance with the marking, labeling and placarding 

requirements under 49 CFR Part 172. Shipments to continue 

onto another mode must meet the applicable regulation standards 

for the mode(s) by which they are to be transported. For example, 

a shipment initially being transported by highway that will 

continue via vessel must meet the appropriate marking, labeling 

and packaging provisions before it is accepted for transportation by vessel. Shipments of hazardous materials (except 

hazardous waste) offered by the Department of Defense (DOD) 

are excluded from these regulations provided that: 

(1) The hazardous materials are packaged, including 

limitations of weight, in accordance with the 

regulations of this section; or 

- 11(F) 20 -
P.63 

(2) in containers that provide equal or greater 

strength and efficiency as required by DOD 

regulations. 

Radioactive materials shipped by or under the U.S. Department of Energy (DOE) or DOD, for the purposes of national 

security, are exempt from the requirements under 49 CFR 

170-189. However, these shipments must be accompanied by 

personnel specifically designated or under authority of 

those agencies. Packages properly shipped and marked as 

"Limited Quantity" when authorized under column 5(a) of the 

Hazardous Materials Table, are excepted from required 

labeling and general packaging specifications under 5(b) 

of the Hazardous Materials Table. 

The regulations under this part of the HMTR also require 

that: 

(1) The proper shipping paper/manifest be readily 

available and recognizable in case of an 

accident (49 CFR 177.817); 

(2) Retesting and inspection of cargo tanks 

be carried out by a responsible and 

experienced inspector (49 CFR 177.824); and 

(3) A certificate of manufacture or retest of 

cargo tank vehicles be on file at the principle 

company (49 CFR 177.814). 

For-hire passenger carrying motor vehicles are not generally 

permitted to carry materials labeled as hazardous according 

to Part 172. Exceptions to this rule are: 

(1) Emergency shipments of hazardous materials/ 

wastes such as small-arms ammunition, drugs, 

chemicals, hospital supplies, and war munitions 

accompanied by the armed service; and 

(2) Limited quantities of hazardous materials/ 

wastes weighting not more than 100 lbs. 

(gross weight) for a given hazardous class, 

or 500 lbs aggregate. 

In addition, no explosive shipment weighting more than 100 

lbs. (gross weight) permitted to be transported by rail may 

be transported aboard a passenger-carrying vehicle except 

under the condition stated in 49 CFR 177.870(d). Under this 

section, motor carriers are not authorized to carry liquid 

or paranitraniline Class A,B, or C poisons aboard a passengercarrying vehicle. A non-liquid Class B poison may be carried 

- 11(F) 21 -
P.64 

aboard, however, provided that the aggregrate gross weight of 

the shipment does not exceed 100 lbs.(49 CFR 177.870) 

Subpart B of Part 177 specifies several general 

requirements for the loading and unloading of hazardous 

materials/wastes: 

(1) Any tank, barrel, drum, cylinder or other 

loose package must be secured against movement within the vehicle; 

(2) Smoking is not permitted while loading or 

unloading flammable, explosive or oxidizing 

materials; 

(3) A pole trailer may not be used to transport 

hazardous materials; 

(4) The handbrake must be set; 

(5) Do not use any handling tool that will damage 

the package; 

(6) Containers must be loaded in such a way that 

there is no motion between them; 

(7) Care must be taken to prevent "undue rise in 

temperature of containers" while in transit; 

(8) Attendance by a qualified person is mandatory 

while loading and unloading a cargo tank with 

hazardous material. A qualified person is one 

who is aware of the nature of the hazardous 

material, has been instructed in emergency 

procedures and is authorized and capable of 

moving the cargo tank; 

(9) Flammable solids, oxidizing materials or 

corrosive liquids must be loaded so that 

they can be readily removed; and 

(10) When transporting flammable materials, only 

DOT authorized cargo heaters may be used and 

the restrictions on such devices must be 

observed. 

In addition, the specific regulations for several of the 

hazard classes are found in Table F-8( next page). 

- 11(F) 22 -
P.65 

Table F-8 Hazard Class Loading and Unloading Requirements 

Hazard Class 

49 CFR 

Section Summary 

Forbidden (or limited 177.821 

for transportation) 

Explosive 177.835 

A, B, C 

Non-Explosives 177.836 

Flammable 177.837 

Liquid 

Items not acceptable 

for transportation, 

damaged packages 

Stop engine; use special 

care and handling 

Containment restriction 

Ground containers when 

transferring liquids; 

stop engine; close all 

manholes and valves 

Flammable 

Solids & 

Oxidizer 

Corrosive 

Liquid 

Compressed 

Gases 

177.838 

Poison A 

Radioactive 

Material 

-see Table 173.389(j) 

177.839 

177.840 

177.841 

177.842 

Ship completely enclosed 

in vehicle body; provide 

adequate ventilation; 

block and brace pacakages 

containing matches 

Do not stack in trailers; 

protect.batteries from 

falling or shorting 

Cylinders must be shipped 

and stored on flat surface, 

lashed properly; tanktrucks - stop engine while 

loading and unloading; gas 

mask must be available in 

tank trucks carrying 

chlorine 

No Class A poisons can be 

shipped in bulk in cargo 

tanks 

Trucks must be surveyed for 

radioactivity after use. No 

loads to exceed Index 50 

ORM 177.844 Loading and transport requirements for Asbestos 

- 11(F) 23 -
P.66 

Some hazardous materials/wastes may not be loaded, transported, 

or stored together aboard motor vehicle. Table F-9 (next page) 

is a summary of the restrictions that appear in section 177.848. 

This section should not be so construed as to forbid the carrying 

of materials essential to the safe operation of the vehicle 

(see MCSR:Part 393 of Title 49). For instance, batteries tires, 

or heaters are not subject to the requirements under section 

177.848 provided that the material is not inconsistent with or 

prohibited by Parts 390-397 of the HMTR. 

Leaking container and spill incidents involving the 

shipment of hazardous materials/wastes by highway are 

regulated under the provisions of 49 CFR, Section 177.807, 

which reguires the transporter to comply with the Incident 

Reporting requirements of sections 171.15,171.16 & 171.17. 

The procedures for handling broken or leaking packages, and 

disabled vehicles are specified in Section 177.854. This 

section of the regulations addresses the procedural requirements pertaining to: 

(1) Care of lading hazardous materials/wastes; 

(2) Disposition of broken or leaking containers 

in transit; 

(3) Repairing and overpacking packages, and their 

transportation thereof; 

(4) Disposition of unsafe broken packages; 

(5) Stopped vehicles and other dangerous articles; 

(6) Repair and maintenance of vehicles containing 

certain hazardous materials; and 

(7) Repair (of vehicle) with flame. 

Other pertinent regulations on spill incidents and leaking 

containers during transport by motor vehicle are shown 

in Table F-10 (see page - 11(F) 26 -) . 

- 11(F) 24 -
P.67 

Table F-9 Hazardous Materials That Should Not Be Loaded, 

Transported or Stored Together 

Hazardous Material 

(see footnote) 

Hazardous Material 

Code (See Code Explanation on Left) 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 

Low Explosives, Black 

Powder 

Exlposive, Class A 

Initiating or Primary 

Explosives 

Blasting Caps 

Ammunition 

Ammunition for 

Cannon, Propellant 

Explosive 

Fireworks 

Small Arms Ammunition, 

Primers, Fuses 

Fireworks, Flammable 

Liquid 

Flammable Solid 

Corrosive Liquid 

Non-Flammable Gas 

Poison Gases 

Radioactive Material 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

X XXXXXX X 

X X XXXXX X 

X X XXXXX X X X X X X 

X X X X 

X 

X X X X X 

X 

X X X X X 

XXXXX X 

XXXXX X 

X X X X X 

XXXXXX X 

X X X X X 

XXXXX X 

XXXXX X 

X X 

X X 

X 

X 

Note: For exceptions and/or special provisions to these requirements, see Section 

177.848 of the HMTR. 

- 11(F) 25 -
P.68 

Table F-10 Pertinent Hazardous Material Spill Incident Regulations 

Topic 

49 CFR 

Section Subject 

Accidents; Explosives 177.855 

Accidents; Flammable 

Liquids 

Accidents; Flammable 

Solids and Oxidizing 

Materials 

Accidents; Corrosive 

Materials 

177.856 

177.857 

177.858 

Accidents; Compressed 

Gases 

Accidents or Leakage; 

Poisons 

Accidents; Radioactive 

Materials 

177.859 

177.860 

177.861 

Regulations with regard 

to warnings, handlings, 

repairs, and disposition 

of spilled or leaking 

explosives 

Regulations on control 

of spectators, control 

of spread of leakage, 

and transfer or further 

transport of the material. 

Regulations with regard 

to warnings, reloading, 

and disposition of spilled 

or leaking materials 

Regulations with regard 

to the handling of damaged lading, and leaking 

cargo tanks 

Regulations with regard 

to warnings, transfer of 

material, and precautionary measures 

Regulations associated 

with warnings, leakage, 

and leaking cargo tanks 

Regulations with regard 

to 171.15 and 171.16, 

notification of the 

shipper, use and service 

restrictions, and cleaning procedures 

- 11(F) 26 -
P.69 

III. Conclusions 

As stated at the opening of this Manual, a considerable portion 

of the EPA pretransportation requirements and standards for hazardous 

waste generators reference the DOT Hazardous Materials Transportation 

Regulations. In order to fully understand these EPA requirements and 

assure that EPA regulated hazardous wastes are transported properly, 

it has been necessary to discuss in detail the regulations set forth 

by DOT for hazardous materials transportation. 

In considering the HMTR, it has also been important to remember 

that DOT views hazardous wastes as a subset of hazardous materials. 

Thus, all DOT shipping requirements for hazardous materials are 

equally applicable to hazardous wastes, unless special requirements 

are specified by EPA or DOT. Both Agencies, however, have worked 

together to assure that the two sets of regulations are coordinated 

sufficiently to avoid overlap or conflict. In summarizing the combined 

requirements of EPA and DOT for hazardous waste transportation, a 

generator must: 

(1) Determine that his waste is hazardous either because it is 

an EPA listed hazardous waste, or because it is ignitable, 

corrosive, reactive or toxic (40 CFR 261); 

(2) Notify EPA of his hazardous waste activity and receive 

an EPA identification number (40 CFR 262.12); 

(3) Properly identify and classify the waste in terms of the 

appropriate DOT nomenclature and hazard classification (49 

CFR 172.101, 49 CFR 173); 

(4) Properly package, mark and label the waste (40 CFR 262.32(b), 

49 CFR 172.101, 49 CFR 172.300-.330, 49 CFR 172.400-.450, 

49 CFR 173); 

(5) Complete a hazardous waste manifest with the appropriate 

number of copies (40 CFR 262.20-.23); 

(6) Certify that the waste shipment meets all of the pretransportation requirements under DOT and EPA (40 CFR 

262.21(b); 

(7) Provide appropriate placards to the transporter, or 

affix the placards if movement is by rail (49 CFR 

172.500-.558); 

(8) Determine if the shipment is prohibited from certain 

modes of transportation, or if additional shipping 

requirements must be satisfied for the mode of transportation used (49 CFR 172.101, 49 CFR 174 - 177); 

- Ill (1) -
P.70 

(9) Make certain that the transporter and the designated 

treatment, storage or disposal facility have an EPA 

identification number (40 CFR 262.12(c)); and 

(10) Comply with EPA recordkeeping and reporting requirements (40 CFR 262.40-.43) 

A transporter must: 

(1) Notify EPA that he is a transporter of hazardous 

wastes and receive an EPA identification number 

(40 CFR 263.11); 

(2) Verify that the shipment of hazardous waste has been 

properly identified, packaged, marked and labeled 

and that no packages are leaking or damaged 

(Rail: 49 CFR 174.3; Air: 49 CFR 175.3; Vessel: 49 CFR 

176.3; Highway: 49 CFR 177.801); 

(3) Sign the manifest (40 CFR 263.20(b)); 

(4) Apply the appropriate placards to the vehicle 

(49 CFR 172.506) 

(5) Carry the manifest in accordance with 40 CFR 263.20, 

49 CFR 174.24, 49 CFR 175.35, 49 CFR 176.24, 49 CFR 177.817; 

(6) Obtain a handwritten signature from the next transporter, or the owner/operator of the designated treatment, 

storage or disposal facility (40 CFR 263.20(d)); 

(7) Comply with EPA recordkeeping and reporting requirements 

(40 CFR 263.22); 

(8) Take appropriate immediate action in the event of a hazardous 

waste incident and satisfy all DOT incident reporting 

requirements (40 CFR 263.30, 49 CFR 171.15-.16-.17). 

Enforcement of these regulations will also be the dual 

responsibility of DOT and EPA. Thus, certain important steps 

have already been initiated by each Agency to help unravel this 

complex and highly interrelated field. On July 3, 1980 both DOT 

and EPA finalized a Memorandum of Understanding (MOU) which 

delineated the enforcement responsibilities of the EPA and DOT 

Agency regarding the transportation of hazardous wastes. The MOU 

authorizes EPA to: 

° Conduct an on-going program to monitor the compliance 

of generators of hazardous waste and hazardous waste 

management facilities with the RCRA regulations. 

- 111(2) -
P.71 

° Bring enforcement actions involving hazardous waste 

transporters where the transportation is ancillary 

to treatment, storage or disposal of hazardous waste 

or other activities normally under the jurisdiction 

of the EPA. For example, a "midnight dumper" will be 

considered an illegal disposer. The fact that the 

"dumper" is transporting the waste is ancillary to 

the disposal of the waste and EPA will bring appropriate enforcement action against him. 

° Provide DOT with current lists of all hazardous waste 

transporters who have notified EPA as required in 

Section 3010 of RCRA. 

° Investigate reports from DOT which give EPA cause to 

suspect that a violation of RCRA has occurred and,. 

where warranted, initiate appropriate regulatory or 

enforcement action under RCRA. 

° Bring enforcement actions to address hazardous waste 

activities which may present an "imminent and substantial 

endangerment to health and the environment" as those 

words are used and administered by EPA (Section 7003 of 

RCRA and Section 504 of the Clean Water Act.) 

The MOU also authorizes the DOT to: 

° Conduct an on-going program of inspections of transporters 

and shippers of hazardous waste to monitor their compliance 

with HMTR. 

0 Investigate reports from EPA which give DOT cause to 

suspect that a violation of HMTA has occurred and, 

where warranted, initiate appropriate regulatory or 

enforcement action under HMTA. 

In addition to outlining the foregoing responsibilities, 

the MOU requires each Agency to exchange pertinent information 

and reports, coordinate investigations and enforcement actions, 

maintain a close working relationship and assign liason representatives to offices at the regional and central levels. 

- Ill (3.) -
P.72 

APPENDIX I 

DOT Definitions 

"Carrier" means a person engaged in the tranportation of passengers 

or property by: 

(1) Land or water, as a common, contract, or private 

carrier, or 

(2) Civil aircraft. 

"Hazardous material" means a substance or material which has been 

determined by the Secretary of Transportation to be capable of 

posing an unreasonable risk to health, safety, and property when 

transported in commerce, and which has been so designated. 

"Hazardous substance" for transportation purposes, means a material, 

and its mixtures or?, solutions, that is identified by the letter "E" 

in Column 2 of the Hazradous Materials Table to Sec. 172.101 when 

offered for transportation in one package, or in one transport 

vehicle if not packaged, and when the quantity of the material therein 

equals or exceeds the reportable quantity (RQ). 

"Hazardous waste" for transportation purposes, means any material 

that is subject to the hazardous waste manifest requirements of the 

EPA specified in CFR, Title 40, Part 262 or would be suject to these 

requirements absent an interim authorization to a state under CFR, 

Title 40, Part 123, Subpart F. 

"Limited Quantity", when specified as such in section applicable 

to a particular material with the exception of Poison B materials, 

means the maximum amount of a hazardous material for which there 

are specific labeling and packaging exception. 

"Marking" means applying the descriptive name, instructions, 

cautions, weight or specification marks or combination thereof 

required by this subchapter to be placed upon outside containers 

of hazardous materials. 

"Mixture" means a material composed of more than one chemical 

compound or element. 

"MTB" means the Materials Transportation Bureau, U.S. Department 

of Transportation, Washington, D.C. 20590. 

"N.O.S." means Not Otherwise Specified. Other abbreviations 

used in this context are N.O.I. (Not Otherwise Indexed) and 

N.O.I.B.N. (Not Otherwise Indexed By Name). 

"NRC(non-reusable container)" means a container whose reuse is 

restricted in accordance with the provisions of section 173.28 

of the HMTR. 

- IV (1) -
P.73 

"Operator" means a person who controls the use of an aircraft, 

vessel, or vehicle. 

"ORM" means Other Regulated Materials. 

"Packaging" means the assembly of one or more containers and any 

other components necessary to assure compliance with the minimum 

packaging requirements of this subchapter and includes containers 

(other than freight containers or overpacks), portable tanks, cargo 

tanks, tank cars, and multi-unit tank car tanks. 

"Proper shipping name" means the name of the hazardous material 

shown in Roman print (not italics) in section 172.101 of the 

HMTR. 

t 

"Shipping paper" means a shipping order, bill of lading, manifest 

or other shipping document serving a similar purpose and containing 

the information required by sections 172.202, 172.203 and 172.204 

of the HMTR. 

"STC(single-trip container)" means a container that may not be refilled and reshipped after having been previously emptied, except as 

provided in section 173.28 of the HMTR. 

EPA Definitions 

"Administrator" means the Administrator of the Environmental Protection Agency, or his designee. 

"Constituent" or "hazardous waste constituent" means a constituent 

which caused the Administrator to list the hazardous waste in 40 CFR 

Part 261, Subpart D, or a constituent listed in Table 1 of section 

261.24 of this chapter. 

"Container" means any portable device in which a material is stored, 

transported, treated, disposed of, or otherwise handled. 

"Designated facility" means a hazardous waste treatment, storage, or 

disposal facility which has received an EPA permit (or a facility 

with interim status) in accordance with the requirements of 40 CFR 

Parts 122 and 124, or a permit from a State authorized in accordance 

with Part 123 of this chapter, that has been designated on the 

manifest by the generator pursuant to section 262.20. 

"Discharge" or "hazardous waste discharge" means the accidental 

or intentional spilling, leaking, pumping, pouring, emitting, 

emptying, or dumping of hazardous waste into or on any land or 

water. 

"Facility" means all contiguous land, and structure, other appurtenances , and improvements on the land, used for treating, storing, 

or disposing of hazardous waste. A facility may consist of several 

treatment, storage, or disposal operational units (e.g., one or 

more landfills, surface impoundments, or combinations of them). 

- IV (2) -
P.74 

"Generator" means any person, by site, whose act or process 

produces hazardous waste identified or listed in 40 CFR Part 

261. 

"Hazardous substance", according to the Clean Water Act section 

311, means elements and compounds which, when discharged in any 

quantity into or upon the navigable waters of the U.S. or adjoining shorelines or the waters of the contiguous zone, present an 

imminent and substantial danger to the public health or welfare, 

including, but not limited to, fish, shellfish, wildlife, shorelines, and beaches. 

"Hazardous waste" means a hazardous waste as defined in 40 CFR 

section 261.3. 

"Manifest" means the shipping document originated and signed by 

the generator which contains the information required by 40 CFR 

Part 262, Subpart B. 

"Movement" means that hazardous waste transported to a facility in 

an individual vehicle. 

"Operator" means the person responsible for the overall operation 

of a facility. 

"Owner" means the person who owns a facility or part of a facility. 

"Person" means an individual, trust, firm, joint stock company, 

federal agency, corporation (including a government corporation) 

partnership, association, state, municipality, commission, political 

subdivision of a state, or any interstate body. 

"Solid waste" means a solid waste as defined in 40 CFR section 

261.2. 

"Storage" means the holding of hazardous waste for a temporary 

period, at the end of which the hazardous waste is treated, disposed 

of, or stored elsewhere. 

"Transportation" means the movement of hazardous waste by air, 

rail, highway, or water. 

"Transporter" means a person engaged in the offsite transportation 

of hazardous waste by air, rail, highway, or water. 

"Water(bulk shipment)" means the bulk transportation of hazardous 

waste which is loaded or carried on board a vessel without containers or labels. 

- IV (3) -
APPENDIX I! 

HAZARD CLASS DEFINITIONS: 

An Explosive - Any chemical compound, 

mixture, or device, the primary or 

common purpose of which is to 

function by explosion, i.e., with 

substantially instantaneous release 

CLASS A 

EXPLOSIVE 

CLASS B 

EXPLOSIVE 

CLASS C 

EXPLOSIVE 

BLASTING 

AGENT 

COMBUSTIBLE 

LIQUID 

CORROSIVE 

MATERIAL 

FLAMMABLE 

LIQUID 

or gas ana near, unless sucn compound, 

mixture, or device is otherwise 

specifically classified in Parts 1.70-189 

(Sec. 173.50) 

Detonating or otherwise of maximum hazard. 

The nine (9) types of Class A explosives 

are defined in §173.53. 

Detonating or otherwise of maximum hazard. 

The nine types of Class.A explosive are 

defined in §173.53. 

In general, function by rapid combustion 

rather than detonation and include some 

explosive devices such as special fireworks, flash powders, etc. 

Flammable hazard (§173.88) 

A material designed for blasting which has 

been tested in according with §173.114a(a)) 

Any liquid having a flash point above 

100° F. and below 200° F. as determined 

by tests listed in §173.115(d). Exceptions 

to this are found in §173.114(b). 

Any liquid or solid that causes visible 

destruction of human skin tissue or a 

liquid that has a severe corrosion rate on 

steel. (See §173.240 (a) and (b) for details) 

Any liquid having a flash point below 100F. 

as determined by tests listed in §173.115 (d). 

Exceptions are listed in §173.115 (a). 

Pyroforic Liquid - Any liquid that ignites 

spontaneously in dry or moist air at or 

below 130'F. (§173.115(c)) 

Compressed Gas - Any material or mixture having 

in the container a pressure exceeding 40 psia 

- IV (A) -
FLAMMABLE 

GAS 

NONFLAMMABLE 

GAS 

FLAMMABLE 

SOLID 

ORGANIC 

P.76 

at 70°F., or a pressure exceeding 104 psia at 

130°F.; or any liquid flammable material having 

a vapor pressure exceeding 40 psia -at 100°F. 

(§173.300(a)) 

Any compressed gas meeting the requirements for 

lower flammability limit range, flame projection, 

or flame propagation criteria as specified 

in §173.300(b). 

Any compressed gas other than a flammble 

gas. 

Any solid material, other than an explosive, 

which is liable to cause fires through friction, retained heat from manufacturing or 

processing, or which can be ignited readily 

and when ignited burns so vigorously and 

persistently as to create a serious transportation hazard. (§173.150) 

An organic compound containing the bivalent 

PEROXIDE 

OXIDIZER 

POISON A ' 

POISON B 

• 

IRRITATING 

MATERIAL 

-0-0 structure and which may be considered 

a derivative of hydrogen peroxide where one 

or more of the hydrogen atoms have been 

replaced by organic radicals must be classed 

as an organic peroxide unless—(See §173.151(a) 

for details). 

A substance such as chlorate, permanganate, 

inorganic peroxide, or a nitrate, that yields 

oxygen readily to stimulate the combustion of 

organic matter. (See §173.151) 

Extremely Dangerous Poisons - Poisonous gases 

or liquids of such nature that a very small 

amount of the gas, or vapor of the liquid, 

mixed with air is dangerous to life (§173.326) 

Less Dangerous Poisons - Substances, liquids 

or solids (including pastes and semi-solids), 

other than Class A or Irritating materials, 

which are known to be so toxic to man as to 

afford a hazard to health during transportation; 

or which, in the absence of adequate data on 

human toxicity, are presumed to be toxic to man 

because they fall within any one of the three 

categories, 1) oral toxicity, 2) toxicity on 

inhalation, or 3) toxicity by skin absorption, 

described in §173.343. (See §173.343) 

A liquid or solid substance which upon contact 

with fire or when exposed to air gives off 

dangerous or intensely irritating fumes, but 

not including any poisonous material, Class A. 

(§173.381) 

- IV (5 ) -
P.77 

ETIOLOGIC 

AGENT 

An "etiologic agent" means a viable microorganism, or its toxin which causes or may 

cause human disease. (§173.386) (Refer to the 

Department of Health, Education and Welfare 

RADIOACTIVE 

MATERIAL 

ORM-A 

ORM-B 

ORM-C 

details.) 

Any material, or combination of materials, 

that spontaneously emits ionizing radiation 

and having a specific activity greater than 

0.002 microcuries per gram. (§173.389) 

NOTE: See §173.389(a) through (1) for details. 

ORM-A, B or C (Other Regulated Materials)- Any 

material that does not meet the definition of a 

hazardous material, other than a combustible 

liquid in packing having a capacity of 110 

gallons or less,* and specified in §172.101 as 

ORM material or that possesses one or more 

of the characteristics described in ORM-A 

through E below. (See "§173.500) 

NOTE: An ORM with a flash point of 100F. 

to 200*F., when transported with more than 

110 gallons in one container shall be classed 

as a combustible liquid. 

A material which has an anesthetic, irritating 

noxious, toxic, or other similar property and 

which can cause extreme annoyance or discomfort to passengers and crew in the event of 

leakage during transportation. (§173.500(a) 

(D) 

A material (including a solid when wet with 

water) capable of causing significant damage 

to a transport vehicle or vessel from leakage 

during transportation. Materials meeting one 

or both of the following criteria are ORM-B 

materials: (i) A liquid substance that has 

a corrosion rate exceeding 0.250 inch per 

year (IPY) on aluminum (nonclad 7075-T6) at 

a test temperature of 130*F. An acceptable 

test is described in NACE Standard TM-01-69, 

and (ii) Specifically designated by name in 

§172.101. (§173.500 (a) (2)) 

A material which has other inherent characteristics not described as an ORM-A or 

ORM-B but which make it unsuitable for shipment, unless property identified and prepared 

for transportation. Each ORM-C material is 

specifically named in §172.101. (§173.500 

(a) (4)). 

- IV (6) -
P.78 

ORM-D 

ORM-E 

A material such as a consumer commodity which, 

though otherwise subject to the regulations 

of this subchapter, presents a limited hazard 

during transportation due to its form, quality 

and packaging. They must be materials for which 

exception are provided in §172.101. A shipping 

description applicable to each ORM-D materials 

is found in §172.101. (§173.500(a) (4) 

A Material that is not included in any other 

hazard class, but i£ subject to the regulations 

of this subchapter, if it is a hazardous waste 

or a hazardous substance, as they are defined 

in §171.8. However, a material with a flashpoint of 100*F - 200*F may not be classed as 

an ORM-E if it is a hazardous waste or offered 

in a packaging having a rated capacity of more 

than 110 gallons (§173.500(b) (5)) 

THE FOLLOWING ARE OFFERED TO EXPLAIN ADDITIONAL TERMS USED IN PREPARATION OF HAZARDOUS MATERIALS FOR SHIPMENT. (§171.8) 

CONSUMER 

COMMODITY 

(See ORM-D) 

FLASH POINT 

FORBIDDEN 

SPONTANEOUSLY 

COMBUSTIBLE 

MATERIAL 

(SOLID) 

0 

WATER REACTIVE 

MATERIAL 

(SOLID) 

Means a material that is packaged or distributed 

in a form intended and suitable for sale through 

retail sales agencies or instrumentalities for 

consumption by individuals for purpose of personal care or household use. This term also 

includes drugs and medicines. 

Means the minimum temperature at which a 

substance gives off flammable vapors which in 

contact with spark or flame will ignite. 

(§173.115 and 173.150) 

The hazardous material is one that must not be 

offered or accepted for transportation. §172.100 

Means a solid substance (including sludges and 

pastes) which may undergo spontaneous heating 

or self-ignition under conditions normally 

incident to transportation or which may upon 

contact with the atmosphere undergo an increase 

in temperature and ignite. 

Means any solid substance (including sludges and 

pastes) which, by interaction with water, is 

likely to become spontaneously flammable or to 

give off flammable or toxic gases in dangerous 

quantities. 

- IV (7) -
P.79 

DOT Hazardous Materials Warning Labels 

yy/ 

Poison A \ . 

. NON-FLAMMABLE GAS -

y^P Note 

\T' ' flriHh 

/Note : For use in 

addition to other 

required labels. 

*New Radioactive Materials Labels 

Domestic \ / 

— I ° i I 

CD 

I 

Etiological Agents 

AIR SHIPMENTS 

MAGNETIZED 

MATERIAL 

Magnetized 

Material 

Cargo Aircraft 

Only 

Notes: 1. Symbol and inscription 

MUST be black or 

white. 

2. Required as of July 1, 

1983. 

General Guidelines on Use of Labels 

•\ The Hazardous Materials Tables, Sec. 

171.101 and 172.102,'identify the proper 

label(s) for the hazardous materials listed. 

2 . Any person who offers a hazardous material 

for shipment must label the package, if 

required. [Sec. 172.400(a)] 

3 , Labels may be affixed to packages (even 

though not required by the regulations) 

provided each label represents a hazard of 

the material in the package. [Sec. 172.401] 

_J., Label(s), when required, must be printed on or 

affixed to the surface of the package near the 

proper shipping name. [Sec. 172.406(a)] 

5_ When two or more different labels are 

required, display them next to each other. 

[Sec. 172.406(c)] 

g_ When two or more packages containing 

compatible hazardous materials are 

packaged within the same overpack, the 

outside container must be labeled as required 

for each class of material contained therein. 

[Sec. 172.404(b)] 

7_ Material classed as an Explosive A, Poison 

A, or Radioactive Material also meeting the 

definition of another hazard class must be 

labeled for each class. [Sec. 172.402(a)] 

3_ Material classed as an Oxidizer, Corrosive, 

Flammable Solid, or Flammable Liquid that 

also meets the definition of a Poison B must 

be labeled POISON, in addition to the hazard 

class label. [Sec. 172.402(a)(3) and (5)] 

9 Material classed as a Flammable Solid that 

also meets the definition of a water-reactive 

material must be labeled with FLAMMABLE 

SOLID and DANGEROUS WHEN WET labels. 

[Sec. 172.402(a)(4)] 

-| Q_ Material classed as a Poison B, Flammable 

Liquid, Flammable Solid, or Oxidizer that 

also meets the definition of a Corrosive 

material must be labeled CORROSIVE in 

addition to the class label. [Sec. 172.402(a)(6) 

through (9)] 

This Chart does not include all of the 

labeling requirements. For details, refer 

to the Code of Federal Regulations, 

Title 49, Part 172, Sec. 172.400 through 

172.448. 

e 

U.S. Department of Transportation 

Research and Special Programs 

Administration 

Materials Transportation Bureau 

Office of Operations and Enforcement 

Washington, D.C. 20590 

Chart 7 June 1981 
DOT Hazardous Materials Warning Placards 

•Numbers in each square (illustration numbers) refer to TABLES 1 and 2. 

FLAMMABLE 

• GAS -

10 

FLAMMABLE COMBUSTIBLE 

Highway Shipments 

GASOLINE 

Cargo Tanks and 

Portable Tanks 

RADIOACTIVE MATERIAL PLACARD (Square Background): Use 

on 'large quantity" shipments of radioactive materials requiring 

special routing. NOTE: Required for use Feb. 1, 1982. 

New Identification Numbers1 Rail Placards 

'IDENTIFICATION NUMBER—The four-digit ID number is found in the Hazardous Materials Table, 

Sec. 172.101, Column 3A and the Optional Hazardous Materials Table Sec. 172.102 Column 4. They 

are used on orange panels, certain placards and on shipping papers. 

PLACARD—When ID numbers are used on placards, the ORANGE PANEL is not required. 

2ORANGE PANEL—When ID numbers are used on ORANGE PANELS, the appropriate placard is 

also required. 

NOTE: As of Nov. 1,1981, ID numbers are required for use cn cargo tanks, tank cars and portable tanks 

transporting hazardous materials. For details, see Sec. 172.332 through 172.338 and Sec. 172.519. 

TABLE 1 

Hazard Classes *No. 

Class A explosives 1 

Class B explosives 2 

Poison A 4 

Flammable solid (DANGEROUS 

WHEN WET label only) 12 

Radioactive material (YELLOW Ili 

label) 16 

Radioactive material: 

Uranium hexafluoride, fissile (containing more than 0.7% U235

 16 & 17 

Uranium hexafluoride, low-specific 

activity (containing 0.7% or less 

U

235

 16 & 17 

Guidelines 

• Placard motor vehicles, freight containers, 

and rail cars containing any quantity of 

hazardous materials listed in TABLE 1. 

• Placard motor vehicles and freight 

containers containing 1,000 pounds or more 

gross weight of hazardous materials classes 

listed in TABLE 2. 

• Placard any quantity of hazardous materials 

classes listed in TABLES 1 and 2 when 

offered for transportation by air or water. 

• Placard rail cars containing any quantity of 

hazardous materials classes listed in TABLE 

2 except when less than 1,000 pounds gross 

weight of hazardous materials are 

transported in TOFC (Trailer on Rat Car) or 

COFC (Container on Rat Car) service. 

TABLE 2 

Hazard Classes *No. 

Class C explosives 18 

Blasting agent 3 

Nonflammable gas 6 

Nonflammable gas (Chlorine) 7 

Nonflammable gas (Ruorine) 15 

Nonflammable gas 

(Oxygen, pressurized liquid) 8 

Flammable gas 5 

Combustible liquid 10 

Rammable liquid 9 

Rammable solid 11 

Oxidizer 13 

Organic peroxide 14 

Poison B 15 

Corrosive material 17 

Irritating material 18 

This Chart does not include all the 

placarding requirements. For details, 

refer to the Code of Federal 

Regulations, Title 49, Part 172, Sec. 

172.500 through 172.558. 

© 

U.S. Department of Transportation 

Research and Special Programs 

Administration 

Materials Transportation Bureau 

Office of Operations and Enforcement 

Washington, D.C. 20590 Chart 7 June 1981 
P.81 

APPENDIX IV 

DOT Shiaoinc Paper (gainplpl DOT REQUIREMENTS: 

Type(s) of Package(s) 

Proper Shipping Name 

Hazard Class and UN or NA 

identification number 

Total Quantity 

DOT Certification 

DOT AND EPA REQUIREMENTS: 

MANIFEST DOCUMENT NUMBER 

NAME, ADDRESS, TELEPHONE 

JNUMBER, AND EPA IDENTIFICANUMBER OF: GENERATOR 

FACILITY 

""""Type (s) of Package(s) 

Proper Shipping Name 

Hazard Class and UN or NA 

identification number 

Total Quantity 

EPA/DOT CERTIFICATION 

NAME, ADD3SSS ANJQ EPA 

IDENTIFICATION RUKBE5 OF 

EACH TSAHSPGRTER 

TV {9} v 
P.82 

APPENDIX V 

Memorandum of Understanding 

between the 

Environmental Protection Agency 

and the 

Department of Transportation 

Z. PURPOSE 

The purpose of this Memorandum of Understanding (MOU) is to 

delineate the areas of responsibility of the Department of 

Transportation (DOT) and the Environmental Protection Agency 

(EPA) for the enforcement of standards applicable to the shipment 

and transportation of hazardous waste. This MOU will also set 

forth those areas of joint responsibility and cooperation between 

the two Agencies. 

II. STATUTORY BASIS 

A. EPA and the Resource Conservation and Recovery Act of 1976 

The Resource Conservation and Recovery Act of 1976 (RCRA) (42 

U.S.C. 6901 ejt. sea.) in Section 3002 and Section 3003 requires 

EPA to regulate generators and transporters of hazardous wastes to 

protect human health.and the environment. This authority covers 

both inter and intra-state transportation. The Act requires EPA 

to promulgate standards concerning recordkeeping, reporting, 

labeling, containers, compliance with the manifest system, and the 

transportation of waste only to permitted facilites. 

Section 3003 also requires the Administrator of EPA to ensure 

that hazardous waste transportation regulations promulgated under 

RCRA are consistent with those promulgated by DOT under the 

Hazardous Materials Transporation Act (HMTA). Furthermore, it 

provides the Administrator the authority to make recommendations 

to the Secretary of Transportation respecting HMTA regulations and 

for addition of materials to be covered under those regulations. 

(40 CFR Parts 260-265.) 

B. DOT and the Hazardous Materials Transportation Act 

The Hazardous Materials Transportation Act (HMTA) (49 USC 1801 

et. seq.) requires the Secretary of Transportation to promulgate 

standards for the transportation of hazardous materials in 

commerce to protect public health and safety or property. "In 

commerce"' extends to all activities which affect interstate 

transportation. The HMTA regulations cover all modes of 

transportation (highway, railroad, air and water) and require, 

among other things, proper marking, containerization, storage, 

shipping papers and placarding. (49 CFR Parts 170-179.) 

- IV 10 -
III. BACKGROUND 

A.. Regulatory Overlap 

DOT and EPA are both promulgating regulations concerning 

hazardous waste material transportation. The DOT regulations 

require shippers of hazardous wastes, as defined by EPA, to comply 

<-> with both HMTA and RCRA regulations. This group includes wastes 

which were previously designated hazardous materials. These 

wastes must comply with the new DOT standards for hazardous waste 

\4 materials. 

B. Areas of Individual Regulation 

There are, however, areas over which only one or the other 

Agency has jurisdiction. One such area is the EPA requirement 

that transporters clean up any discharges of hazardous waste which 

they are carrying. DOT cannot incorporate such a requirement into 

its regulations because it is beyond DOT's authority. 

DOT, on the other hand, requires that certain safety features 

be installed on all motor vehicles. EPA's authority does not 

extend to such safety requirements, and they would not be included 

in EPA's regulations. 

IV. TERMS OF AGREEMENT . 

A. The" Environmental-Protection Agency Wills. 

1. Conduct an on-going program to monitor compliance of 

generators of hazardous waste and hazardous waste management 

facilities with the-RCRA regulations. 

2. Bring enforcement actions, at times, involving hazardous 

waste transporters where the transportation is ancillary to 

treatment, storage'or disposal of -hazardous waste pr other 

activities normally under the primary jurisdiction of EPA as 

discussed in this MOU. (For example, a "midnight dumper" will be 

considered an illegal disposer. The fact that the "dumper" is 

transporting the waste is ancillary to the disposal of the waste 

and EPA will bring appropriate enforcement action against him.) 

3. Provide to the Bureau of Motor Carrier Safety (BMCS), 

Federal Highway Administration's (FHWA) Washington Office, DOT on 

- a continuing basis, a list of all hazardous waste transporters 

who have notified EPA pursuant to section 3010 of RCRA and their 

identification numbers. 

- IV 11 -
P.84 

4. Immediately notify the BMCS, FHWA's Washington Office, DOT 

of any possible violation of HMTA or regulations adopted thereunder of which it is aware and provide that office with all 

relevant information. 

5. Investigate reports from DOT which give EPA cause to 

suspect that a violation of RCRA has occurred and, where 

warranted, initiate appropriate regulatory or enforcement action 

under RCRA. 

6. Provide DOT with any information obtained during the 

course of an EPA investigation which EPA believes may involve a 

violation of HMTA. 

7. Make available to BMCS, FHWA, DOT any reports, documents 

or other evidence necessary to support an enforcement action under 

HMTA which involves hazardous waste materials. 

8. Make available to the Office of Hazardous Materials 

Regulation, Materials Transportation Bureau, Research and Special 

Programs Administration, DOT, any reports, documents or other 

evidence necessary to support a regulatory action under HMTA which 

involves hazardous waste materials. 

9. Bring enforcement actions to address hazardous waste 

activities which may present an "imminent and substantial 

endangerment to health and the environment" as those words are 

used in the statutes administered by EPA (such as S7003 of RCRA 

and S504 of the Clean Water Act). 

B. The Department of Transportation Will: 

1. Conduct an on-going program of inspections of transporters and shippers of hazardous waste to monitor their 

compliance with HMTA regulations. 

2. Immediately advise the appropriate EPA regional office of 

any possible violation of RCRA or regulations adopted thereunder 

of which it is aware and provide that office with all relevant 

information. 

3. Investigate reports from EPA which give DOT cause to 

suspect that a violation of HMTA has occurred and, where 

warranted, initiate appropriate regulatory or enforcement action 

under HMTA. 

4. Provide EPA with any information obtained during the 

course of a DOT investigation which DOT believes may involve a 

violation of' RCRA. 

5. Make available to EPA any reports, documents or other 

evidence necessary to support enforcement and regulatory actions 

under RCRA which involve hazardous waste. 

- IV 12 -
P.85 

I 

C. Each Agency Will: 

1. Presume that when information reveals a violation of both 

RCRA and HMTA, if DOT takes an enforcement action under HMTA, EPA 

will not normally take such action. Conversely, if EPA takes an 

enforcement action under RCRA, DOT will not normally take such 

action. This does not, however, preclude either Agency from 

initiating other legal sanctions in regard to that violation. 

2. Coordinate investigations and enforcement actions 

involving violations of both RCRA and HMTA to avoid duplication of 

effort. 

3. Maintain a close working relationship with the other, both 

in Headquarters as well as in the field, including an exchange' of 

information relative to the Agencies' planned hazardous waste 

material compliance monitoring and enforcement activities. 

4. Designate for the other Agency a Headquarters contact 

point to whom communication regarding this agreement or matters 

affected thereby may be referred for attention. 

5. Assign regional liaisons between the Agencies, and provide 

a mechanism by which regional contacts will be made and maintained 

for the period of this agreement. 

6. Issue and exchange with the other instructions and 

guidelines implementing this Memorandum of Understanding 

identifying interagency contacts and liaison representatives, and 

setting forth other pertinent operational procedures to be 

followed relative to this agreement. 

V. EFFECT 

A. This Memorandum of Understanding is not intended to limit in 

any way the statutory authority or jurisdiction of either Agency. 

B. Nothing in this Memorandum of Understanding modifies other 

existing agreements, or precludes either Agency from entering into 

separate agreements setting forth procedures for special programs 

which can be handled more efficiently and expeditiously by such 

special agreement. 

- XV 13 -
P.86 

C. This Memorandum of Understanding when accepted by both 

Agencies shall continue in effect unless modified by mutual 

written consent of both Agencies or terminated by either Agency 

upon a thirty day written notice. 

D. Any conflict arising a«s a result of this Memorandum of 

Understanding will be resolved.by EPA's Deputy Assistant 

Adminstra-tor for Water Enforcement and DOT's Associate Director 

for Operations and Enforcement, Materials Transportation Bureau, 

Research and Special Programs Administration. 

For the Environmental Protection Agency 

( 

Approved: 

.asy 

Administrator 

'ti&l&tk 

Dated : ~H^g , Ah 

For the Department of Transportation 

Approved: 

Goldschmidt 

Secretary y 

Dated: •>^nto 

This Memorandum of Understanding becomes effective on the date of 

the final signature. 

- IV 14 -
P.87 

BIBLIOGRAPHY 

U.S. Department of Transportation. U.S. Code of Federal 

Regulations, Title 49. Washington: U.S. Government 

fc Printing Office, 1980. 

U.S. Environmental Protection Agency. Federal Register, 

; Hazardous Waste and Consolidated Permit Regulations, 

* Washington: U.S. Government Printing Office, 1980.