49 CFR 171.3 - Hazardous waste. | Title 49 - Transportation | Code of Federal Regulations

§ 171.3

Hazardous waste.

(a) No person may offer for transportation or transport a hazardous waste (as defined in § 171.8 of this subchapter) in interstate or intrastate commerce except in accordance with the requirements of this subchapter.

(b) No person may accept for transportation, transport, or deliver a hazardous waste for which a manifest is required unless that person:

(1) Has marked each motor vehicle used to transport hazardous waste in accordance with § 390.21 of this title even though placards may not be required;

(2) Complies with the requirements for manifests set forth in § 172.205 of this subchapter; and

(3) Delivers, as designated on the manifest by the generator, the entire quantity of the waste received from the generator or a transporter to:

(i) The designated facility or, if not possible, to the designated alternate facility;

(ii) The designated subsequent carrier; or

(iii) A designated place outside the United States.

Note: Federal law specifies penalties up to $250,000 fine for an individual and $500,000 for a company and 5 years imprisonment for the willful discharge of hazardous waste at other than designated facilities. 49 U.S.C. 5124 .

(c) If a discharge of hazardous waste or other hazardous material occurs during transportation, and an official of a State or local government or a Federal agency, acting within the scope of his official responsibilities, determines that immediate removal of the waste is necessary to prevent further consequence, that official may authorize the removal of the waste without the preparation of a manifest. [Note: In such cases, EPA does not require carriers to have EPA identification numbers.]

Note 1: EPA requires shippers (generators) and carriers (transporters) of hazardous wastes to have identification numbers which must be displayed on hazardous waste manifests. See 40 CFR parts 262 and 263 . (Identification number application forms may be obtained from EPA regional offices.)

Note 2: In 40 CFR part 263 , the EPA sets forth requirements for the cleanup of releases of hazardous wastes.

[Amdt. 171-53, 45 FR 34586, May 22, 1980, as amended by Amdt. 171-53, 45 FR 74648, Nov. 10, 1980; Amdt. 171-78, 49 FR 10510, Mar. 20, 1984; Amdt. 171-107, 54 FR 40068, Sept. 29, 1989; Amdt. 171-111, 55 FR 52466, Dec. 21, 1990; 56 FR 66157, Dec. 20, 1991; Amdt. 171-2, 59 FR 49132, Sept. 26, 1994; Amdt. 171-141, 61 FR 21102, May 9, 1996; 73 FR 57004, Oct. 1, 2008]

Title 49 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-04-17; vol. 78 # 74 - Wednesday, April 17, 2013

78 FR 22798 - Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-08981
RIN	2137-AE96
Docket No.	PHMSA-2012-0257 (HM-258)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: April 17, 2013.

49 CFR Parts 107 and 171

Summary

PHMSA is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. As amended in the “Moving Ahead for Progress in the 21st Century Act” (MAP-21), effective October 1, 2012, the maximum civil penalty for a knowing violation is now $75,000, except that the maximum civil penalty is $175,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In addition, there is no longer a minimum civil penalty amount, except that the minimum civil penalty amount of $450 applies to a violation relating to training.

2013-03-11; vol. 78 # 47 - Monday, March 11, 2013

78 FR 15303 - Hazardous Materials; Miscellaneous Amendments (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04198
RIN	2137-AE78
Docket No.	PHMSA-2011-0138 (HM-218G)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 10, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 11, 2013.

49 CFR Parts 105, 171, 172, 173, 177, 178, and 180

Summary

PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and require hazmat employers to make hazmat employee training records available upon request to an authorized official of the Department of Transportation (DOT) or an entity explicitly granted authority to enforce the HMR.

2013-01-07; vol. 78 # 4 - Monday, January 7, 2013

78 FR 1101 - Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31242
RIN	2137-AE83
Docket No.	PHMSA-2009-0126 (HM-215K)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176 and 178

Summary

This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation, manufacturer notification, and recordkeeping requirements for certain packaging types.

78 FR 988 - Hazardous Materials: Harmonization with International Standards (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31243
RIN	2137-AE87
Docket No.	s. PHMSA-2012-0027 (HM-215L)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: January 1, 2013. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning January 1, 2013. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2014. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176, 177, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations (HMR) with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations) and address a petition for rulemaking.

2012-10-05; vol. 77 # 194 - Friday, October 5, 2012

77 FR 60935 - Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24263
RIN	2137-AE90
Docket No.	PHMSA-2012-0080 (HM-244E)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: October 5, 2012. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule was approved by the Director of the Federal Register as of September 11, 2006.

49 CFR Parts 107, 171, 172, 173, 175, 178, and 179

Summary

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 2461 note - Mode of recovery

USC : Title 49 - TRANSPORTATION

§ 5101 - Purpose

§ 5102 - Definitions

§ 5103 - General regulatory authority

§ 5103a - Limitation on issuance of hazmat licenses

§ 5104 - Representation and tampering

§ 5105 - Transporting certain highly radioactive material

§ 5106 - Handling criteria

§ 5107 - Hazmat employee training requirements and grants

§ 5108 - Registration

§ 5109 - Motor carrier safety permits

§ 5110 - Shipping papers and disclosure

§ 5111 - Repealed.

§ 5112 - Highway routing of hazardous material

§ 5113 - Unsatisfactory safety rating

§ 5114 - Air transportation of ionizing radiation material

§ 5115 - Training curriculum for the public sector

§ 5116 - Planning and training grants, monitoring, and review

§ 5117 - Special permits and exclusions

§ 5118 - Repealed.

§ 5119 - Uniform forms and procedures

§ 5120 - International uniformity of standards and requirements

§ 5121 - Administrative

§ 5122 - Enforcement

§ 5123 - Civil penalty

§ 5124 - Criminal penalty

§ 5125 - Preemption

§ 5126 - Relationship to other laws

§ 5127 - Judicial review

§ 5128 - Authorization of appropriations

§ 44701 - General requirements

Public Laws

104-134

Title 49 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 171 after this date.

2013-04-17; vol. 78 # 74 - Wednesday, April 17, 2013

78 FR 22798 - Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-08981
RIN	2137-AE96
Docket No.	PHMSA-2012-0257 (HM-258)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: April 17, 2013.

49 CFR Parts 107 and 171

Summary

PHMSA is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. As amended in the “Moving Ahead for Progress in the 21st Century Act” (MAP-21), effective October 1, 2012, the maximum civil penalty for a knowing violation is now $75,000, except that the maximum civil penalty is $175,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In addition, there is no longer a minimum civil penalty amount, except that the minimum civil penalty amount of $450 applies to a violation relating to training.

2013-03-11; vol. 78 # 47 - Monday, March 11, 2013

78 FR 15303 - Hazardous Materials; Miscellaneous Amendments (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04198
RIN	2137-AE78
Docket No.	PHMSA-2011-0138 (HM-218G)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 10, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 11, 2013.

49 CFR Parts 105, 171, 172, 173, 177, 178, and 180

Summary

PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and require hazmat employers to make hazmat employee training records available upon request to an authorized official of the Department of Transportation (DOT) or an entity explicitly granted authority to enforce the HMR.

2013-01-07; vol. 78 # 4 - Monday, January 7, 2013

78 FR 1101 - Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31242
RIN	2137-AE83
Docket No.	PHMSA-2009-0126 (HM-215K)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176 and 178

Summary

This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation, manufacturer notification, and recordkeeping requirements for certain packaging types.

78 FR 988 - Hazardous Materials: Harmonization with International Standards (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31243
RIN	2137-AE87
Docket No.	s. PHMSA-2012-0027 (HM-215L)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: January 1, 2013. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning January 1, 2013. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2014. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176, 177, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations (HMR) with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations) and address a petition for rulemaking.

2012-10-05; vol. 77 # 194 - Friday, October 5, 2012

77 FR 60935 - Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24263
RIN	2137-AE90
Docket No.	PHMSA-2012-0080 (HM-244E)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: October 5, 2012. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule was approved by the Director of the Federal Register as of September 11, 2006.

49 CFR Parts 107, 171, 172, 173, 175, 178, and 179

Summary

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.

49 CFR 171.3 - Hazardous waste.

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