Home > Major Acts of Congress > Hazardous Materials Transportation Act (1975)

Arthur Holst

In the 1970s many landfills throughout the United States began to refuse to accept hazardous materials, and few cheap disposal alternatives existed. As a result, illegal dumping became common. Enforcement of antidumping laws was weak. In response to the need for better regulations and enforcement, Congress passed the Hazardous Materials Transportation Act (HMTA) (P.L. 93-633, 88 Stat. 2156) in 1975. Its stated purpose is "to provide adequate protection against the risks to life and property inherent in the transportation of hazardous material in commerce by improving the regulatory and enforcement authority of the Secretary of Transportation."

The HMTA sets extensive guidelines for carriers of hazardous materials. They must classify, package, and label materials appropriately, use specific hazardous material placards for shipments, and have suitable shipping papers at all times. They must follow Department of Transportation (DOT) rules, maintain rapid response plans for emergencies, undergo safety training programs, and comply with packaging standards.

The HMTA gives enforcement authority to the DOT. Under delegated authority from the secretary of the DOT, the Federal Highway Administration (FHWA) enforces motor carrier regulations, the Federal Railroad Administration (FRA) enforces rail carrier regulations, the Federal Aviation Administration (FAA) enforces air carrier regulations, and the U.S. Coast Guard enforces maritime shipping regulations. Considerable hazardous waste regulation authority is given to the Environmental Protection Agency (EPA) as well, under the Resource Conservation and Recovery Act (RCRA) of 1976, which requires the EPA to set guidelines for the management of hazardous and nonhazardous waste in an environmentally friendly manner.

Even with these guidelines addressing hazardous material transportation, confusion about federal, state, and local hazardous material regulations arose. In 1990 Congress passed the Hazardous Materials Transportation Uniform Safety Act (HMTUSA). This act addressed the confusion by encouraging uniformity throughout the levels of government concerning guidelines for hazardous material transportation. Also, states are advised to designate certain highways and roads that are acceptable for hazardous material transportation.

The DOT's Office of Hazardous Materials Safety has published the Federal Hazardous Materials Regulations, which is a complete guide to hazardous material guidelines and interpretations. Knowingly violating these guidelines subjects carriers to a range of penalties. Violations result in fines in amounts from $250 to $25,000. If violations occur over numerous days, each day is subject to a separate fine. Also, one who tampers with or defaces a hazardous material label, container, truck, placard, or other object is guilty of a criminal offense, punishable by up to five years in prison.

Many fines and prison sentences have been assessed for violations of the HMTA. In one particular case, a man had packed fireworks in his luggage for a flight to San Francisco on the weekend of July 4, 1994. Airline employees came upon the items in the bag and alerted FAA officials, who levied a $1,250 fine on the individual. The man appealed the fine, but it was affirmed since the man knowingly acted in violation of the HMTA. Prosecutions of violations are of heightened concern following the rise of terrorist threats to the United States, emphasizing the importance of strict enforcement of the HMTA.

See also: HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984; NUCLEAR WASTE POLICY ACT; SOLID WASTE DISPOSAL ACT.