Page 80 - Root Cause Failure Analysis

Regulatory Compliance Issues 71
Resource Conservation and Recovery Aci

The Resource Conservation and Recovery Act (RCRA) has a considerable number of
regulations affecting spills in the workplace, including training of workers who might
be expected to respond to them. RCRA is administered by the EPA.

U.S. Department of Transportation
Title 49 of the Code of Federal Regulations (CFR) addresses the U.S. DOT rules for
packing and shipping of hazardous materials by air, road, rail, or water. CFR 49 cov-
ers issues such as appropriate containers, labeling, truck and railcar placards, and pro-
viding essential information that can aid in an emergency response in case of an
incident involving hazardous materials.

Ha28rdOUS Materials Transportation Act

The Hazardous Materials Transportation Act (HMTA) defines transportation releases
to be those that occur during loading, unloading, transportation or temporary storage
of hazardous materials or waste. Releases that meet certain criteria (see Table 5-1)
should be reported to the National Response Center (NRC) and the state response
center. Most states also require calls to the local police or response agencies (often by
calling 9 1 1 ).
Follow-up written reports are due within 30 days. If the carrier is required to report
releases to the DOT, Form 5800.1 should be completed and sent to the following
address:

Information Systems Manager, DHM-63
Research and Special Programs Administration
US. Department of Transportation
Washington, DC 20590-0001

CERCLA also requires certain spills to be reported by the owner or shipper to the
NRC. To alert drivers and emergency responders to this requirement, the letters RQ
must appear on shipping papers if the transporter is carrying, in one package, a sub-
stance on DOT’S Hazardous Materials Table in an amount equal to or greater than the
RQ shown in the table. Two additional requirements apply if hazardous waste is
involved:

Attach to the report a copy of the hazardous waste manifest.
Include in the report an estimate of the quantity of the waste removed from
the scene, the name and address of the facility to which it was taken. and the
manner of disposition (Section IX of DOT Form F5800.1).