| Applicability of the regulations | HMR applies to hazardous materials “in commerce”
Covers three primary areas:
- Pre-transportation functions1
- Transportation functions2, and
- Hazardous materials packaging3
| TDGR applies to anyone, even if the dangerous goods are being transported for personal use (exceptions exist)
Dangerous goods must be handled, offered for transport, or transported according to the TDG Regulations.
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Footnotes:
1Pre-transportation functions include activities that would be performed by a person offering hazardous materials for transportation in commerce, also known as a hazardous materials shipper. These pre-transportation functions would include:- Determining the hazard class of a hazardous material;
- Selecting a hazardous materials packaging;
- Filling a hazardous materials packaging, including a bulk packaging;
- Securing a closure on a filled or partially filled hazardous materials package or container or on a package or container containing a residue of a hazardous material;
- Marking and/or labeling a package to indicate that it contains a hazardous material;
- Preparing a shipping paper; and
- Providing and maintaining emergency response information.
2Transportation functions include activities that would be performed by those directly involved in transporting hazardous materials, including drivers. Transportation functions would include:
- Taking physical possession of the hazardous material for the purpose of transporting it and delivering it to the destination;
- Loading packaged or containerized hazardous material onto a transport vehicle, aircraft, or vessel for the purpose of transporting it;
- Blocking and bracing a hazardous materials package in a freight container or transport vehicle;
- Segregating a hazardous materials package in a freight container or transport vehicle from incompatible cargo; and/or
- Unloading and/or storage incidental to the movement of a hazardous material.
3Hazardous materials packaging requirements apply to those who manufacture, fabricate, mark, maintain, recondition, repair, or test a packaging or a component of a packaging that is represented, marked, certified, or sold as qualified for use in the transport of hazardous materials.
4PHMSA registration required for:- A highway route controlled quantity of a Class 7 (radioactive) material, as defined in 173.403. A “highway route controlled quantity” may be shipped by highway, rail, air, or water.
- More than 25 kilograms (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material (see 173.50) in a motor vehicle, rail car, or freight container.
- More than one liter (1.06 quarts) per package of a “material extremely toxic by inhalation” (that is, a “material poisonous by inhalation” that meets the criteria for “hazard zone A” as specified in 173.116(a) for gases or 173.133(a) for liquids).
- A hazardous material (including hazardous wastes) in a bulk packaging having a capacity equal to or greater than 13,248 liters (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids. Please note that persons who offer or transport hazardous materials that do not require placarding (that is, Class 9 materials) in a bulk packaging with a capacity greater than 3,500 gallons or 468 cubic feet, must register.
- A shipment in other than a bulk packaging of 2,268 kilograms (5,000 pounds) gross weight or more of one class of hazardous materials (including hazardous wastes) for which placarding of a vehicle, rail car, or freight container is required for that class.
- A quantity of hazardous material that requires placarding. The offering and transporting of hazardous materials by farmers in direct support of their farming operations are excepted from this category of activities requiring registration.
5FMCSA hazmat safety permit required for:- A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in 173.403;
- More than 25 kg (55 pounds) net weight of a Division 1.1, 1.2, or 1.3 (explosive) material or articles or an amount of a Division 1.5 (explosive) material requiring placarding under 49 CFR part 172;
- More than one liter (1.08 quarts) per package of a “material poisonous by inhalation,” as defined in 171.8, that meets the criteria for “hazard zone A,” as specified in 173.116(a) or 173.133(a);
- A “material poisonous by inhalation,” in a “bulk packaging,” both as defined in 171.8, that meets the criteria for “hazard zone B,” as specified in 173.116(a) or 173.133(a);
- A “material poisonous by inhalation,” as defined in 171.8, that meets the criteria for “hazard zone C,” or “hazard zone D,” as specified in 173.116(a), in a packaging having a capacity equal to or greater than 13,248 L (3,500) gallons; or
- A shipment of methane (compressed or refrigerated liquid), natural gas (compressed or refrigerated liquid), or any other compressed or refrigerated liquefied gas with a methane content of at least 85 percent, in bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons).
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