Q&A: Is the HazMat Endorsement Required When Transporting Asbestos?

PHMSA HazMat Transportation Regulations

Q&A: Is the HazMat Endorsement Required When Transporting Asbestos?

Daniel Stoehr
April 4, 2016
December 8, 2015, not a customer but someone who needed help:

We are in the state of ########.  We will be hauling asbestos for a company, does my drivers need hazmat on their cdl’s?

I have read many conflicting items and just want to be sure we are covered correctly

  • Do we need to have hazmat?
  • Does the truck or container need to be placard?
  • Does the asbestos need to be wet?
  • Are there certain weight limits where it goes from no placards/no hazmat to yes placards/yes hazmat?

Any help will be greatly appreciated.

Thanks in advance.

My reply a few days later on December 11, 2015:

I apologize for my delay in responding.  I hope this is still of some use to you.

Asbestos is regulated as follows when in transportation:

  • When transported within the U.S. asbestos is a Class 9 Miscellaneous hazardous material except as noted below.
  • If asbestos is fixed in a binder material such as cement it is not a hazardous material when transported.
  • Class 9 Miscellaneous HazMat are not required to display a placard no matter the quantity in the vehicle or container.
  • The HazMat endorsement on the CDL is required only for drivers of placarded quantities of HazMat.

Based on the above, the answers to your questions are as follows:

  • The HazMat endorsement on the CDL is not required.
  • The vehicle or container does not require Class 9 Miscellaneous placards, no matter the quantity.
  • Wetting and bagging dusty asbestos is a requirement of OSHA and USEPA regulations and not those of the USDOT.  It would be a requirement of the Shipper of the asbestos who offers it to you and not to you as the Carrier.
  • The amount of asbestos does not change the fact that the use of Class 9 Miscellaneous placards is not required within the U.S.
  • Despite the above, you and your drivers are still transporting a hazardous material (unless it is fixed in a binder) and therefore require HazMat Employee training every three years.  I can provide you with this training.
I hope this helps.
The reply, later that day:

Thank you for your help and if we do need the training I will for sure contact you.

Thanks again.

Asbestos Removal SignAnd I meant it…

Thank you!  And please continue to contact me with any questions you may have.

And they decided to take me up on my offer (12.17.15):

I need to know if the below is for friable and non friable?  We were told we had to be cdl hazmat endorsed and trucks were to be placarded for friable.

And so, the next day, my reply:

Please see below.  Note that this is informal guidance.  For a full explanation of these regulations and how they affect your compliance I can provide you with my consulting services.

  • Asbestos, in various forms, is identified as a hazardous material by PHMSA/USDOT in the Hazardous Materials Table at 49 CFR 172.101.
  • PHMSA/USDOT regulations do not use or define the terms friable or non-friable.
  • However, Special Provision code 156 in column 7 of the Hazardous Materials Table reads as follows:

156   Asbestos that is immersed or fixed in a natural or artificial binder material, such as cement, plastic, asphalt, resins or mineral ore, or contained in manufactured products is not subject to the requirements of this subchapter.

  • Therefore, if asbestos meets the description of Special Provision 156, it is not subject to PHMSA/USDOT regulations when transported.  i.e. it is not a hazardous material.
  • If asbestos in transportation does not meet the description of Special Provision 156, then it would be a Class 9 Miscellaneous hazardous material.
  • A motor vehicle transporting Class 9 Miscellaneous Material is not required to be placarded within the U.S.
  • The Federal regulations of the FMCSA/USDOT and most states (check with your state) require a CDL with the HazMat endorsement for drivers of motor vehicles that transport a placarded amount of HazMat.
  • A CDL may be required for other reasons, such as vehicle weight, but the HazMat endorsement would not.
  • Even if a CDL with the HazMat endorsement is not required, asbestos that does not meet the description of Special Provision 156 remains a hazardous material and therefore HazMat Employee training is required.  I can provide this training.

Thank you and please don’t hesitate to contact me with any other questions.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/