Hazmat Basics

The federal government regulates the commercial shipment of hazardous materials. The definition of hazardous material (also known as “hazmat” or “dangerous goods”) is surprisingly broad.

What is Hazmat?

Hazmat is a regulatory term used by the United States Department of Transportation (DOT) to refer to any substance or material that poses an unreasonable risk to health, safety, or property when transported in commerce. 49 CFR §171.8. Hazmat, also known as “hazardous material” or “dangerous goods” can include, among other things, manufactured items and commercial products. 49 CFR §172.101. Although federal regulations provide an extensive listing of common hazmat items, the person or business offering an item for commercial shipment has the ultimate legal responsibility to determine whether an item qualifies as a hazmat. 49 CFR § 172.200.

The breadth of different types of materials that qualify as hazmat is surprising. For example, hazmat includes:

certain elemental materials, such as lithium and mercury;
common chemical compounds, such as butane and methanol;

most fuels, including gasoline, kerosene, propane and diesel fuel;

industrial and consumer products, such as aerosols, paints, adhesives, cleaning solutions and pesticides;

hazardous waste and reportable quantities of CERCLA hazardous substances;

explosive materials and devices;

radioactive articles;

a wide spectrum manufactured articles, such as internal combustion engines, airbag inflators, fuses, first aid kits, and certain plastic molding compounds; and

edible items, such as flavoring extracts and certain spirits.

According to recent estimates from the United States Department of Transportation, there are approximately 800,000 daily of hazmat in the United States every day.

What are the Hazardous Material Regulations?

The Hazardous Material Regulations (HMR), promulgated by DOT's Research and Special Programs Administration (RSPA), are the federal regulations governing the commercial transportation of hazmat in interstate, intrastate, and foreign commerce. The HMR covers three general activities: (1) pre-transportation functions; (2) transportation functions; and (3) manufacturing reconditioning and certifying containers and packaging materials used to transport hazardous materials. 49 CFR § 171.1.

Pre-transportation functions are typically performed by the person or business that wants to send a hazmat item from point A to point B, and include:

determining a material's hazard class;
selecting the proper packaging;

packaging the hazmat item;

marking and labeling the package to indicate that it contains hazardous material;

preparing shipping papers;

providing and maintaining emergency response information;

reviewing all shipping paperwork to confirm compliance with the HMR or international equivalents;

for a person or business importing hazmat into the U.S., providing the foreign shipper with timely

certifying that the hazmat item is in proper condition for transportation in conformance with the HMR;

49 CFR § 171.1(b). Transportation functions are typically performed by the carrier from the time the carrier takes possession of the hazmat package until the hazmat package is delivered to the destination indicated on the shipping paperwork. Transportation functions typically include:

movement of a hazardous material by motor vehicle, aircraft, rail car or vessel;
loading the hazardous material for the purpose of movement (e.g., loading a packaged hazardous material onto a aircraft, or segregating a hazardous material package from incompatible cargo in a freight container);

unloading hazardous material incidental to movement (e.g., unloading a hazmat package from a transport vehicle); and

storage of a hazardous material incidental to movement.

49 CFR § 171.1(b). Certain functions can be described as either "pre-transportation" or "transportation" functions depending on who performs the function (e.g. loading a hazmat item into a freight container is a transportation function if conducted by, or in the presence of the carrier). Id.

Who Enforces the HMR?

Both RSPA and the DOT “modal” administrations (such as the Federal Aviation Administration (FAA) or the Coast Guard) enforce the HMR. For example, if a hazmat package was improperly shipped via aircraft, the FAA would have jurisdiction to investigate the shipping event and to prosecute any potential violation. RSPA has primary responsibility regarding packaging manufacturing and specification issues.

What Are the Penalties For Non-Compliance?

RSPA or the DOT modal administrations (like FAA) can levy fines that range between $275 and $32,500 per violation. One shipping event can include multiple violations and result in aggregate fines well into six figures. In addition, criminal penalties exist for “willful violations” of the HMR. Criminal penalties can result in prison terms of up to five years.

Do the HMR Apply to Everyone?

To the extent a person or business engages in any of the subject activities (for example, offering a hazmat for commercial transportation), that person or business entity is subject to the HMR. The HMR does not apply to:

movement of hazmat within a contiguous facility when public access is restricted;
transportation of hazmat in a vehicle operated by a government employee solely for government purposes;

transportation by an individual for non-commercial purposes in a private vehicle; and

items subject to U.S. Postal laws and regulations.

There are also numerous exemptions and exclusions in the HMR related to commercial transportation, but they are generally based on the nature of the material being transported rather than the status or identity of a regulated party.

Registration Requirements

The HMR imposes registration requirement hazmat shippers and carriers involved in particularly dangerous hazmat items, or hazmat items in very large quantities. More specifically, persons or businesses involved in the following hazmat types and quantities must register with DOT's Research and Special Programs Administration (visit RSPA's registration page).

highway route-controlled quantities of Class 7 (radioactive) materials;
more than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material in a motor vehicle, rail car or freight container;

more than one L (1.06 quarts) per package of a material extremely toxic by inhalation;

hazardous materials in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids; and

shipments in non-bulk packagings of 2,268 kg (5,000 pounds) gross weight or more of one class of hazardous materials for which placarding of a vehicle, rail car, or freight container is required.

49 CFR § 171.1(b). 49 CFR § 107.601. There are some limited exceptions to HMR's registration requirement, including provisions for government employees, certain hazmat employees; and certain persons domiciled outside the United States. 49 CFR § 107.606.