The question came by way of a telephone conversation on August 28, 2017 (no transcript available). A gentleman was interested in the transport of asbestos waste – a hazardous material per USDOT/PHMSA regulations if friable – in California. He needed to know if the transport in commerce of asbestos waste was subject to California regulations as a commercial motor vehicle (CMV). I had the time to research the California regulations (this isn’t my usual area of expertise) and fire off to him some information in an email that same day:
Please see below for some guidance regarding the status of CMVs in California.
Title 13 of the California Vehicle Code (CVC) part 260 defines a commercial vehicle:
A commercial vehicle is a type of vehicle:
Used or maintained for the transportation of persons for hire, compensation, or profit (for example, a taxi or limousine).
Designed, used, or maintained primarily for the transportation of property.
Types of motor vehicles include but are not limited to:
Motor Truck (CVC 410)
Pickup (CVC 471)
Per 13.005, commercial vehicles must be registered – and pay fees – based on their gross vehicle weight (GVW).
Based on the above it appears that the California definition of a CMV (aka: Regulated Vehicle) is more strict than the Federal regulations or other states.
Also:
The transporter of a hazardous waste (RCRA or non-RCRA) must be registered with DTSC.
CVC §15278(a)(4) requires a HazMat endorsement for those who drive a vehicle requiring placards.
As noted earlier, asbestos as a Class 9 Miscellaneous is not required to display placards.
Other hazardous waste (both RCRA & non-RCRA) may require the display of placards depending on the quantity.
The transportation in commerce of hazardous materials – which includes asbestos waste – is subject to the regulations of several agencies: OSHA, for the potential exposure to employees; USEPA, to reduce the impact of its disposal on the environment; USDOT/PHMSA, for its safe transportation on public roadways; and those of your state if the transportation is for a business. Some states, like California, have even more strict regulations for the operation of commercial motor vehicles (CMVs).
Just one of those questions I receive all the time:
hi so i was wondering what would the be the safest way to transport asbestos in a regular ford van?
thank you!
My reply:
I apologize for my delay. I will try to answer your question. Please see below.
If friable (able to reduce to dust by hand pressure), asbestos is regulated as a hazardous material by USDOT/PHMSA.
If transported by or for a business on a public roadway (i.e. “in commerce) it is subject to full regulation of USDOT/PHMSA. This includes but is not limited to: shipping paper, HazMat labels & markings on the package, authorized packaging, training for HazMat Employees.
As a Class 9 Miscellaneous hazardous material, asbestos in transportation does not require placards to be displayed on the vehicle (read: Is the Class 9 Placard Required?) If the vehicle is less than 10,000 lbs and does not leave your state it is unlikely to be subject to regulation as a commercial motor vehicle (check with your state!).
I hope this helps. Please don’t hesitate to contact me with any other questions.
I am the carrier for an asbestos waste that has been removed from schools, businesses, and residences. Is it subject to PHMSA/USDOT regulations as a hazardous material (HazMat) when transported? Please help!
Answer:
Asbestos waste may be a hazardous material according to PHMSA/USDOT regulations if it is friable (i.e. able to be reduced to powder by hand pressure).
Neither “asbestos”, “friable”, nor “non-friable” is defined by PHMSA/USDOT in its section of the regulations dedicated to definitions (49 CFR 171.8).
However, what PHMSA/USDOT considers applicable to its use of the term “asbestos” is found in the packing instructions referenced in column 8 of the Hazardous Materials Table (see below).
The term “non-friable” is explained in special provision 156 of column 7 of the Hazardous Materials Table (see below).
Asbestos is identified as the following proper shipping names in column 2 of the Hazardous Materials Table:
NA2212, Asbestos, 9, III
UN2212, Asbestos, amphiboleamosite, tremolite, actinolite, anthophyllite, or crocidolite, 9, II
UN2590, Asbestos, chrysotile, 9, III
UN2212 & UN2590 are both more likely to be used for international transportation, whereas NA2212 is the preferred shipping description for asbestos when shipped within the U.S.
Each of the above shipping descriptions have the special provision code of 156 in column 7 of the Hazardous Materials Table. It refers to PHMSA/USDOT’s explanation of a non-friable form of asbestos:
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, non-friable asbestos is not subject to the regulations of the PHMSA/USDOT when transported.
Column 8A of the Hazardous Materials Table indicates the packaging exceptions available for asbestos such as the Limited Quantity exception for packages of no more than 66 lbs each.
Packaging instructions for NA2212, Asbestos can be found at 49 CFR 173.216 for a non-bulk packaging and 49 CFR 173.240 for a bulk packaging. In either section of the regulations, asbestos may be packaged as follows:
Must follow the general packing requirements, i.e. no HazMat residue on the outside of the container, container in good condition, &etc.
DOT specification packaging is not required.
Asbestos must be offered for transportation and transported in rigid, leak-tight packagings, such as metal, plastic or fiber drums, portable tanks, hopper-type rail cars, or hopper-type motor vehicles.
OR…
Bags or other non-rigid packagings in closed freight containers, motor vehicles, or rail cars that are loaded by and for the exclusive use of the consignor and unloaded by the consignee.
AND…
Bags or other non-rigid packagings which are dust and sift proof must be placed in rigid outer packagings or closed freight containers.
In sum, the PHMSA/USDOT Hazardous Materials Regulations allow friable asbestos to be transported in non-rigid packagings, such as bags, as long as they are dust and sift proof and are placed inside rigid leaktight packagings and are not loaded or unloaded by anyone other than the shipper (its origin point) and its destination.
Asbestos is identified in Appendix A, Table 1 of the Hazardous Materials Table as a Hazardous Substance. It is a Reportable Quantity (RQ) of a hazardous substance if it is contained in a single packaging in a quantity of one (1) pound or more.
However, The RQ for asbestos is limited to friable forms only.
A non-friable form of asbestos can not be a Hazardous Substance.
Non-friable asbestos is not identified in Appendix B of 49 CFR 172.102 as a marine pollutant.
Non-friable asbestos is not a hazardous waste per the regulations of the USEPA.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Friable asbestos is a hazardous material when offered for transportation or transported by a business. Its transportation requires the use of authorized packagings (see above), a shipping paper with the shipping description and emergency information, and HazMat labels and markings on the packages. Also, any persons involved in the loading, unloading, or transportation of friable asbestos (including drivers) must receive initial and triennial HazMat Employee training.
If non-friable, asbestos is not subject to PHMSA/USDOT’s HazMat transportation regulations.
Yes. Though special provision 156 in column 7 of the Hazardous Materials Table excepts from regulation asbestos that is immersed or fixed in a natural or artificial binder material, i.e. non-friable, the shipper may still classify a non-friable asbestos and offer it for transportation as a Hazardous Material (HazMat). [LOI 03-0262]
Special Provision 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.
Interestingly, asbestos is identified as a hazardous substance in Table 1 to Appendix A of the Hazardous Materials Table. It has a low RQ (Reportable Quantity) of 1 lb (0.454 kg). However, a note to the entry reads as follows:
The RQ for asbestos is limited to friable forms only.
A non-friable asbestos can’t be an RQ of a hazardous substance.
So, it is acceptable to ship a non-friable asbestos as a hazardous material even though it – because of special provision 156 – is not subject to the regulations, a shipper will not be able to identify it as a Reportable Quantity of a hazardous substance.
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.
And 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.
Good afternoon, I was wondering if you could tell me if a CDL driver needs a HAZ-Mat endorsement to haul asbestos, either friable or Non-friable?
Thank you,
My response:
Asbestos is listed as a hazardous material (Class 9 Miscellaneous) in the Hazardous Materials Table at 49 CFR 172.101.
Special Provision 156 in column 7 of the Table reads as follows:
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.
Though the terms friable and non-friable are not used, it seems clear that PHMSA/USDOT is saying that a non-friable form of asbestos is not regulated as a hazardous material, whereas a friable form is.
However, just because it is a hazardous material doesn’t necessarily mean the driver needs the HazMat endorsement on their CDL. The HazMat endorsement is required on the CDL when the vehicle transports an amount of hazardous material that requires placarding (More…) In the U.S., a vehicle transporting only Class 9 Miscellaneous is not required to be placarded (More…) Therefore, a driver of a motor vehicle transporting only Class 9 is not required to have the HazMat endorsement on their CDL.
The driver and anyone else who handles friable asbestos in transportation (e.g. loading, unloading, operating motor vehicle, preparing shipping papers, packaging for transport, etc…) is a HazMat Employee and requires initial and triennial HazMat Employee training as required by the PHMSA/USDOT (this is distinct from OSHA training).
I can provide the training you require.
Please don’t hesitate to contact me with any other questions.
Dan
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Types of motor vehicles include but are not limited to:
And I meant it…