The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) regulate the transportation of hazardous materials (HazMat) to, from, or through the U.S. by any mode. The four modes of transport identified and regulated by USDOT/PHMSA are:

• Rail
• Highway
• Air
• Water

For transportation by highway there is only one type of vehicle: the motor vehicle. Motor vehicle is defined at 49 CFR 171.8:

Motor vehicle includes a vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property. It does not include a vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

Let’s take a closer look.

A motor vehicle includes – but is not limited to – any of the following:

• Vehicle
• Machine
• Tractor
• Trailer
• Semitrailer
• Or any combination of any of the above.

A motor vehicle must be propelled or drawn by mechanical power.

And…

Used upon the highways. Don’t be misled by the term “highway” to think a motor vehicle are only those traveling on I80 or some other interstate. Unfortunately, the HMR does not define a highway and I can find no letter of interpretation for it. Since USDOT/PHMSA’s regulatory scope includes all transportation to, from, or through the U.S., when the HMR reads “highway” it means the broad definition I found in Wikipedia:

A highway is any public or private road or other public way on land. It is used for major roads, but also includes other public roads and public tracks…

Or, consider the functions identified as not subject to the HMR at §171.1(d); it includes motor vehicle movements exclusively within a contiguous facility boundary where public assess is restricted. Unless the movement is on or crosses a public road. Here the term “public road” is used instead of “highway” but is meant in the same way.

A motor vehicle is not any of the following:

• Vehicle, locomotive, or car operated exclusively on rail or rails.
• A trolley bus operated by electric power derived from an overhead wire when providing local passenger transportation similar to street-railway service.

You may be confused – as I was – by the use of the term transport vehicle in the HMR (also defined at §171.8) and how it relates to the motor vehicle. Put simply, the transport vehicle is the cargo-carrying body of the motor vehicle. In some instances the transport vehicle may be the motor vehicle, e.g., a truck with an attached bed that can carry cargo. In others, the transport vehicle will be one part of the motor vehicle, e.g., a tractor-trailer combination or semitrailer where the trailer(s) is the transport vehicle and the tractor and trailer together are the motor vehicle.

FAQ: What is a transport vehicle?

A phone call and email on May 11, 2020:

Hi Daniel,

We talked for a few minutes today about the regulations for transporting lithium batteries for disposal. Just as a reminder, I asked if our company would be required to follow the DOT packaging and labeling requirements if we are picking up batteries at various facilities within our company and then transporting them to a recycling/disposal site ourselves.

Thanks for your time and your help!

My reply that same day:

Please see below.

eMail of May 13, 2020:

As discussed on the phone this afternoon, <<Company>> is a specialty chemical company supplying a wide range of Industrial Chemicals, some of which are considered hazardous (most because they contain either caustic or acidic components for cleaning or pretreatment). We have a customer that wants to return the empty drums so we can refill them with the same product as a cost savings for both our customer and us. My question is what does the customer need to do prior to shipping them back to us via common carrier. In our phone conversation you mentioned that the drums needed to be “RICRA Empty” less than an inch remaining in the drum and they did not need to be triple rinsed and they could leave the original labels on the drum. Let me know what else needs to be done in order for the customer to return these drums and what paper work is needed in order to return the drums.

My reply May 14, 2020:

Thank you for contacting me. I apologize for not getting this to you last night. Please see below for answers to your questions.

A question received February 01, 2018:

Hello Daniel,

I am contacting you with a question on the bulk/non-bulk classification. I work for a company that ships explosives in fiberboard drums. These drums hold no more then 100lbs but they are shipped in a tractor trailer unit that can hold up to 42,000 lbs. I am not sure if this is a bulk packaging with the fiberboard drums being an intermediate container or if it is considered non-bulk packaging because the only amount that is considered is the amount put in one fiberboard drum.

Any help on this matter would be great!

Best Regards,

My reply February 12, 2018:

Thank you for contacting me. Please see below.

• The packaging you describe (fiberboard drums of no more than 100 lbs) are a non-bulk packaging. They do not meet the definition of a bulk packaging. Read: Bulk Packaging for HazMat Explained!
• The tractor trailer unit is the transport vehicle – more specifically: the motor vehicle since it is used for transportation by highway – for the HazMat packagings. It is not a bulk packaging.
• The only type of bulk packaging that contains an intermediate form of packaging is the large packaging which is not what you describe.

I hope this helps. Please don’t hesitate to contact me with any questions. I have provided training and consulting services for others in the ordnance/explosives industry in the past.

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the thirteenth (and final!) in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.265 Emergency procedures

(more…)

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) classify and regulate the transportation of hazardous materials. Included in the twenty hazard classes and divisions identified in the HMR at 49 CFR 173.134 is Division 6.2 Infections Substance; Divisions 6.2 is further broken down into Category A and Category B.

The purpose of this article is to identify and explain (and provide examples of) a Category A Division 6.2 Infectious Substance.

(more…)

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the twelfth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.264 Emergency coordinator

(more…)

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the eleventh in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.263 Amendment of contingency plan. (more…)

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the tenth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.262 Copies of contingency plan. (more…)

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the ninth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.261 Content of contingency plan. (more…)