Transport of Hazardous Materials: A Closer Look at the Transportation Industry

The Transport of Hazardous Materials: A closer look at the Transportation Industry
Hazardous Materials Transportation
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University
Professor
October 23, 2022
Introduction
Transporting hazardous materials is highly regulated, as the risks associated with it are significant, and the potential for disaster is great. It is governed by laws that are intended to safeguard both the environment and the general public. The safety provisions ensure that accidents do not cause serious injuries or fatalities and minimize environmental damage. Thanks to these regulations, the transportation of hazardous materials remains safe and reliable. A hazardous material is any chemical, object, or substance that could create a health hazard if released into the environment (FMCSA, 2022). The most common hazardous materials are chemicals used in manufacturing, cleaning, and other industrial processes. Examples of hazardous materials include gasoline, diesel fuel, propane, and other flammable liquids; chlorine and other corrosive chemicals; pesticides; explosives; and radioactive materials (FMCSA, 2022). This essay explores the regulation of hazardous material transportation in the US by the transportation sector.
Background
Specifically, the transportation of hazardous materials is governed by various statutes and regulations, most notably the Hazardous Materials Transportation Act (HMTA) and the Hazardous Materials Regulations (HMR). The HMTA is a federal statute enacted in 1975 (FMCSA, 2022). It establishes general transportation safety standards for the movement of dangerous substances or goods. The HMRs are the regulations that implement the HMTA. The HMR puts the transportation of hazardous materials subject to various safety provisions, including requirements for shipping documentation, training of personnel, and installation of safety devices. The transportation of these materials is also subject to emergency response procedures to be followed in the event of a disaster. Furthermore, a number of organizations, both at the federal and state levels, regulate the shipment of hazardous items. For example, the Federal Aviation Administration (FAA) regulates the movement of hazardous items or substances in air cargo (FMCSA, 2022). The Department of Transportation (DOT) oversees the transport of hazardous materials by highways, while the Federal Railway Administration (FRA) oversees the movement of hazardous substances by railroads (FMCSA, 2022). On the other hand, the United States Coast Guard (USCG) oversees the transportation of these materials over water (FMCSA, 2022). In addition, the FAA, the FRA, and the DOT work in conjunction with the Department of Homeland Security (DHS) to enforce the provisions that the HMR stipulates (Torretta et al., 2017).
Regulation
Transportation in Air Cargo
According to the FAA, the transportation of hazardous materials by air cargo is regulated by the Hazardous Materials Regulations (HMR) (FMCSA, 2022). The HMRs are designed to prevent the release of hazardous materials during transportation, which could be harmful to the environment, property, and public health and safety. The FAA enforces the HMRs through an extensive safety and enforcement measures system.
When transporting hazardous materials by air cargo, the shipper must comply with all applicable regulations, including those in the HMR. The HMRs require that hazardous materials be transported per packaging and labeling requirements, as well as special handling requirements. According to Baalisampang et al. (2018), the shipper must also provide the FAA with a hazmat manifest, which specifies the hazardous materials being transported, their weight and quantity, as well as the name and contact information for the shipper or consignee.
If any of the applicable regulations are not followed, then the HMR can result in significant penalties for both the shipper and the consignee. For example, if a shipment of hazardous materials does not have a hazmat manifest, the shipper can be subject to fines (Baalisampang et al., 2018). If the hazardous material is released during transportation, the shipper and consignee can be subject to criminal penalties such as imprisonment or fines.
Transportation by Highway
The DOT regulates the movement of hazardous items by highway in the US. It has established regulations that must be followed to ensure the public's safety in the movement of hazardous items or substances. The DOT has three classes of hazardous materials that must be transported in accordance with specific regulations: Class 1, 2, and 3 (Torretta et al., 2017). According to Torretta et al. (2017), Class 1 materials are the most dangerous and must be transported in a specially designed and constructed vehicle equipped with a secure, closed system to protect the cargo from unauthorized entry. Class 2 materials are less dangerous and do not have to be transported in a specially designed-vehicle (Torretta et al., 2017). However, the vehicle must have a secure, closed system to prote...