The transportation of hazardous materials poses a significant amount of risk to not only manufacturers and carriers but also the general public. Mishandling of these hazardous substances has the potential to cause serious accidents that can lead to severe injuries, ailments, substantial destruction of property, or even death. Therefore, it is crucial to have certain legislation in place to regulate hazmat shipping to minimize the risk of any adverse consequences and preserve human lives.
Failure to comply with legislation can open the door to extremely harsh penalties. The maximum civil penalty for not following the proper regulations regarding hazmat shipping is $78,376 in the United States, while the civil penalty for violations that result in death, serious injury, or illness is as high as $182,877.
Continue reading to find out more about the federal laws regulating the transportation of hazardous materials in the US.
Federal Hazmat Shipping Law
The Federal Hazmat Materials Transportation Act is the basic statute that regulates the transportation of hazardous materials in the country. Passed in 1975, the intent of the Federal Hazmat Materials Transportation Act (HMTA) was to protect the population, their property, and the environment against the risks that are inherently associated with hazmat shipping in interstate, intrastate, and foreign commerce.
Regardless of whether you are shipping hazmat by air, rail, water, or highway, if your goods fall into the hazmat category, you are legally required to follow the complex rules and regulations outlined by the HMTA or else risk paying hefty fines and penalties.
Regulatory Authority
The HMTA improves the regulatory and enforcement activities on the transportation of hazardous goods by bestowing the Secretary of Transportation with the broad authority required to set regulations to all modes of transport. Section 1503 of the legislation states that the Secretary of Transportation has the authority to designate a certified class or group of materials as hazardous based on the risks they pose to health and property.
Under the delegations from the Secretary of Transportation, the regulatory and enforcement authority is shared by several agencies based on the mode of hazmat shipping and the type of hazardous substance being transported.
- Department of Energy (DOE)
- Atomic Energy Authority (AEA)
- Nuclear Regulatory Commission (NRC)
- Department of Transportation (DOT)
- Environmental Protection Agency (EPA)
- The Federal Railroad Administration (FRA)
- The Federal Aviation Administration (FAA)
- The United States Coast Guard (USCG)
- Occupational Safety and Health Administration (OSHA)
- The Federal Motor Carrier Safety Administration (FMCSA)
- The Pipeline and Hazardous Materials Safety Administration (PHMSA)
Which Materials are Classified as Hazardous?
The HMTA applies to the transportation of all hazardous materials in interstate, intrastate, and foreign commerce as laid out in the Table of Hazardous Materials in Title 49 of the Code of Federal Regulations, Section 172.101.
The law divides hazardous materials into nine different classes based on the level of risk they pose to health and property. Depending upon the class of hazard these materials are classified into, different regulations apply to the process of labeling, shipping, packaging, and handling these items.
It is the shipper’s responsibility to identify whether the goods they are shipping fall under the category of hazardous substances as per the HMTA. If so, they are then required to classify, package, mark, and label hazardous items according to federal regulations.
Here are the nine classes of hazardous goods laid out in the Hazardous Materials Transportation Act:
- Class 1: Explosives: Includes black powder, rocket motors, dynamite, fireworks, ammunition, etc.
- Class 2: Gases: Includes propane, chlorine, compressed oxygen, natural gas cylinders, carbon dioxide fire extinguishers, and aerosols.
- Class 3: Flammable and Combustible Liquids: Includes fuel, adhesives, acetone, perfume, alcohol, varnish, and paints.
- Class 4: Flammable Solids: Includes sulfur, matches, calcium carbide, magnesium, sodium batteries.
- Class 5: Oxidizer and Organic Peroxides: Includes potassium bromate, hydrogen peroxide, etc.
- Class 6: Poisonous Substances: Includes pesticides, toxins, tear gas.
- Class 7: Radioactive Substances: Includes Cobalt-60, uranium, medical isotopes, and X-ray machines.
- Class 8: Corrosive Materials: Includes acids, caustic soda, sodium hydroxide, and battery fluid.
- Class 9: Miscellaneous Hazardous Materials: Includes all hazardous substances that cannot be classified into Classes 1 to 8.
If a researcher synthesizes a new chemical, it is also their responsibility to best characterize and issue a hazard class to their chemical along with a proper shipping name.
The Bottom Line
The federal law governing hazmat shipping in the US and its regulations are very complex and detailed. However, these regulations play a key role in ensuring safe and secure transportation and handling of hazardous goods.
At Go Hazmut Hub, we adhere to the highest-quality industry standards and federal and local laws to ensure that your goods are transported and arrive at your destination safely and securely. For details or to get a free quote, please contact our customer care representatives today.
