Transportation of pesticides
Introduction
The US Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration has designated many chemical compounds, including some pesticides, as hazardous materials. Transporting any hazardous material can be dangerous. Regulations protect employees involved in the transport and the environment. This Fact File gives a detailed look at the transportation of pesticides. Presented here is information on hazardous material transport regulations, shipping paper requirements, and farmer exceptions.
Background
The Hazardous Material Transportation Uniform Safety Act requires that pesticides being shipped are properly packaged, marked, and labeled. This Act was established in 1990. It amends the Hazardous Materials Transportation Act of 1975. If a pesticide to be shipped is considered a hazardous material, it will need to bear the right DOT Hazard Warning Labels. This will go on the product labeling. Also, depending upon the size of the shipment, trucks may need to be placarded. If you wish to transport pesticides that may present physical or chemical hazards, you must get shipping papers from DOT before such shipment.
Hazardous material transport regulations
If you transport any hazardous materials on public roads in commerce, you must comply with DOT Hazmat Regulation 49 CFR 100-185. To determine which pesticides are classified as hazardous, refer to Hazardous Materials Tables (HMT) I and II 49 CFR 172.101 (HMT tables). To comply, you may have to:
- Carry shipping papers in your vehicle, which have an emergency response telephone number,
- Obtain training regarding DOT HazMat regulatory requirements,
- Ensure packages are correctly labeled and/or marked,
- Placard your vehicle if transporting a bulk container of over 119 gallons or over 1,000 pounds of a pesticide from HMT II or any amount of a pesticide from HMT I, and
- Get a Commercial Driver’s License (CDL).
Shipping papers
When you transport any hazardous pesticide, carry the proper shipping papers in the passenger compartment of the vehicle. While driving, the papers must be within your reach and recognizable by emergency personnel or placed in a door pocket. These papers have information that you can use to prevent further damage or injury from the pesticide in case of an accident. If more hazardous materials are added later during transport, then the shipping papers must be updated, or an extra paper produced for the additional load.
Farmer transport
Transport from storage to field
A farmer is granted an exception from the DOT HazMat regulations if they are a private motor carrier transporting pesticides within the state. A farmer can transport DOT-defined hazardous pesticides between fields of the same farm over any roadway except the interstate highway system. Emergency response information and HazMat employee training requirements are waived for farmers when they are transporting agricultural pesticides to or from their farm within 150 miles of the farm.
Transport from dealer to storage
Emergency response and training requirements of hazardous materials regulations are not required if:
- You are a farmer who is an intrastate private motor carrier.
- This exception does not apply if you are transporting pesticides for someone else for compensation or trade. Each person involved in the transport process must be instructed and aware of applicable requirements.
- The total amount of agricultural product being transported on a single motor vehicle does not exceed:
- 16,094 pounds of ammonium nitrate fertilizer correctly classed as Division 5.1, PG III, in a bulk packaging; or
- 502 gallons for liquids or gases; or
- 5,070 pounds for solids of any other agricultural product.
Applicable laws & regulations
49 CFR 100-185 — Pipeline and Hazardous Materials Safety Administration, Department of Transportation
49 CFR 172.101 — Purpose and use of hazardous materials table.
40 CFR 173.5 — Agricultural operations.
Related definitions
Hazardous material: A substance or material that the Secretary of Transportation has determined can pose an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101 ).
Package or packaging: The direct container or wrapping, including any attached closure(s), in which the pesticide is contained for distribution, sale, consumption, use or storage. The term does not include any shipping or bulk container used for transporting or delivering the pesticide unless it is the only such package.
Pesticide means any substance or mixture of substances meant for preventing, destroying, repelling, or mitigating any pest, or meant for use as a plant regulator, defoliant, or desiccant, or desiccant, or any nitrogen stabilizer.
Key to remember
Initial hazardous materials training must be completed within 90 days of employment or change in job function. Training from a prior employer or source may be used to satisfy the requirements provided that a record of the training is attained. An employer must keep training and testing documentation records on file. Testing is required, but it is left to the discretion of the employer. There are no DOT specifications for test elements. The test may be written, oral, performance-based, or any combination.
Real world example
In 2013, a major retail store violated the Clean Water Act and the Federal Insecticide, Fungicide and Rodenticide Act by failing to appropriately handle pesticides that had been returned by customers at its stores nationwide. They had to pay about $81.6 million in civil penalties. The company did not have a program in place to train employees on proper hazardous waste management. Solid and liquid pesticides were improperly transported without correct safety documentation to one of six product return centers in the U.S. Between 2006 and 2008, the company trucked over 2 million pounds of regulated pesticides and other products from its return centers to a Missouri recycling facility. Avoid being like this mentioned company and protect your facility, workers, and the environment from toxic pesticides that can do severe harm.