New Hazardous Waste Laws

Question:

My hazardous waste hauler recently informed me that the US Department of Transportation is requiring some type of security plan and training in response to the terrorist attacks of September 11, 2001. This is the first I have heard of this. We are a metal finishing facility and the only hazardous material that we ship is our wastewater treatment sludge. We receive hazardous chemicals from our suppliers and all are stored inside the plant. Is this for real?

Answer:

I am afraid so, based upon the new and final security regulations that were published in the March 25, 2003 Federal Register. For many metal finishers who transport hazardous materials and/or wastes themselves (aka shippers) or who offer hazardous materials and/or wastes to others for transport (offerors), the US Department of Transportation (DOT) is now requiring Security Plans and Training for Suppliers and Transporters of Hazardous Materials. The intent of the new requirements, commonly referred to as HMR or Hazardous Material Regulations, is to enhance the security of hazardous materials transported in commerce. The final rule requires shippers/suppliers, such as, possibly, yourself, who are also subject to DOT hazardous materials registration requirements, to develop and implement a written security plan and provide security training to your hazmat employees, that is your employees who prepare and ready hazardous materials for shipment, and, if the case, actually transport hazardous materials.

First, if you have not already done so, you need to determine if the annual hazardous material registration requirements apply (49 CFR 107.601). For most metal finishing facilities, DOT registration generally applies if hazardous materials or wastes are:

• Shipped in “bulk” packaging (49 CFR 171.8) having a “capacity” equal to or greater than 3,500 gal for liquids or gases, or more than 468 cu ft (17.33 cu yd) for solids regardless of placarding requirements. This would include almost any tanker truck or the standard 20 cu yd roll-off box, which is popular for the storage and transportation of F006 wastewater treatment filter press cake (aka sludge) that does not require placarding since it is a DOT class 9 material, or
  
  
• Shipped in any “bulk” container that requires the vehicle to be placarded; for liquids, a bulk container has a maximum receptacle capacity greater than 119 gal, such as a tote or tanker truck while for solids, a bulk container has a maximum net weight greater than 882 lb and a maximum receptacle capacity greater than 119 gal, such as a rolloff, super sack, or gaylord corrugated box; typical hazard classes that require placading include flammable, oxidizer, poison (cyanides), and corrosives, or
  
  
• Shipped in “non-bulk” containers that require placarding of the vehicle (49 CFR 172.500-560); for example, shipments of 1,001 lb or more of a corrosive material (approximately 2 - 55 gal drums of waste acids and cleaners), flammable material (approximately 3-55 gal drums of a waste flammable solvent), poison material (approximately 2-55 gal drums of cyanide waste), or a combination of hazard classes. In order to determine if you are required to register, you can call the US DOT at 800-467-4922 and request a copy of their “Hazardous Materials Registration Program” package or click here.

  If DOT registration requirements apply, the development of the written security plan must be in place by September 25, 2003, and the security training of hazmat employees must be completed by December 22, 2003. The security plan must include, at a minimum, procedures to verify personnel security, unauthorized access, and en route security measures. You can refer to the DOT web site for guidance in the development of your plan. For Large Quantity Generators of hazardous waste (>2,200 lb/month), we recommend adding a section to your hazardous waste contingency plan and provide security training as part of your annual hazardous waste training.