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HAZMAT and Certain Dangerous Cargo (CDC) Reporting and Permitting Requirements

Contact:
MPA Safety Department
Barbara McMahon
bmcmahon@mdot.state.md.us

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Purpose, Authority & General Requirements

Purpose:

These regulations apply to persons at all port facilities, other than bulk petroleum terminals, and to the land and water carriers using port facilities in the Port of Baltimore. "Port of Baltimore" means the navigable waters of the Patapsco River and its tributaries to a line between North Point and Bodkin Point, and all port facilities contained there.

Authority:

Transportation Article, Sec. 6-206, Annotated Code of Maryland

Title 11, Department of Transportation; Subtitle 05, Maryland Port Administration; Chapter 02, Hazardous Material

General Requirements:

A person may not introduce in the Port of Baltimore any hazardous materials, unless:

1. The person complies with 49 CFR 171-174 and 176-178, and 33 CFR 126; and
2. The cargo is properly classed, described, packaged, marked, labeled, placarded, and approved for highway, rail, or water transportation.

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Prohibited Materials:

The following materials are prohibited:

1. Class 1, divisions 1.1 and 1.2 explosives, as defined in 49 CFR 173.50 and 173.53, weighing more than 100 pounds net explosive weight, although in-transit Class 1, divisions 1.1 and 1.2 explosives in any amount on board a vessel are exempt from this requirement if the explosives are not moved or disturbed while the vessel is in port;
2. Class 1, divisions 1.2 and 1.3 propellant explosives, as defined in 49 CFR 173.50 and 173.53 weighing more than 2,500 pounds net explosive weight, although in-transit Class 1, divisions 1.2 and 1.3 explosives in any amount on board a vessel are exempt from this requirement if the explosives are not moved or disturbed while the vessel is in port.

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HAZMATs and CDCs Requiring Permits:

The following materials are prohibited:

The following materials require a permit prior to arriving at the MPA facilities:

1. 1.1, 1.2 explosives weighing 100 pounds net explosive weight or less. However, a permit may not be issued by the MPA until the appropriate request covered by 33 CFR Section 126.17 has been favorably acted upon by the U.S. Coast Guard.
2. 1.1, 1.2 explosives for construction and repair. However, a permit may not be issued by MPA until all permits required by Federal, State, county and city authorities as appropriate, have been issued.
3. 1.1, 1.2 explosives over 100 pounds net explosive weight in marine transit.
4. 1.2, 1.3 explosives weighing 2,500 pounds net explosive weight or less.
5. 1.2, 1.3 explosives weighing over 2,500 pounds of net explosive weight in marine transit.
6. Class 7, radioactive fissile material as defined in 49 CFR 173.403: plutonium 238; plutonium 239; plutonium 241; uranium 233; or uranium 235.
7. Class 7, "highway route controlled quantity" as defined in 49 CFR 173.401
8. Blasting agents (Class 1.5 D), ammonium nitrate, and certain ammonium nitrate mixtures as specified in 49 CFR 176.415(a), the loading or unloading of which requires the written permission of the U.S. Coast Guard Captain of the Port.
9. Liquid hydrogen, moving under a United States Department of Transportation exemption.
10. Division 6.1 poisons, (primary or secondary classification) as defined in 49 CFR 173.132.
11. Division 2.3 "poisonous gas", as defined in 49 CFR 171.8.
12. Division 5.1 oxidizing materials for which a permit is required under 49 CFR 176.415 or for which a permit is required as a condition of a Research and Special Programs Administration exemption.

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Permit Procedures & Application Requirements

Permit Procedures:

At least 48 hours in advance of the arrival of the HAZMAT or CDCs on POB property, applicants shall submit the required information listed below (Permit Application Requirements) to the MPA either by fax 410-285-0921 or by email: bmcmahon[at]mdot.state.md.us

If the material does not have a proper permit, the HAZMAT or CDC will not be allowed on the port facilities.

Permit Application Requirements:

1. The shipper's name, address, telephone and fax numbers;
2. The shipping name and identification number prescribed for the hazardous material as required by 49 CFR 172.101 [or by 49 CFR 172.102] including the technical name when the material is described as N.O.S. (not otherwise specified) entry;
3. The hazard class prescribed for the material as required by 49 CFR 172.101, 49 CFR 172.102, or IMDG Code;
4. The total quantity (by weight, volume, or as otherwise appropriate) of the hazardous material covered by the description;
5. The identification of the type of packages, such as barrels, drums, cylinders, and boxes;
6. The complete consignee's name and address including the port of destination on exports;
7. The name, scheduled date of arrival of vessel involved;
8. The date and estimated time of arrival of hazardous materials at the terminal and name of terminal;
9. The mode of land transport involved in transporting the hazardous material to or from the terminal;
10. Whether the shipment is breakbulk or container, including the container or boxcar number; and
11. If the shipment is a container, whether there is a stripping and stuffing requirement.



Requests For Permits For Radioactive Fissile Materials Shall Additionally Include:

1. The name of each radioactive fissile material;
2. The type of packaging and identification marking as prescribed by 49 CFR 173;
3. The activity in each package of the shipment in terms of curies, millicuries, or microcuries;
4. The transport index assigned to each package in the shipment;
5. The fissile class of each package unless the shipment is exempt pursuant to 49 CFR 173.4



Request for permits for ammonium nitrate shipments shall additionally include the composition of the material, including the percentage of ammonium nitrate by weight, along with a detailed description of the packaging.

Special Requirements for Explosives, 1.1, 1.2, & 1.3:

Time Limits For Explosives:

Permitted cargo shipments of 1.1, 1.2 and 1.3 explosives may not remain on the land area of a port facility for more than 6 hours.

Requirements For Explosives-Carrying Vessels:

1. A vessel carrying quantities exceeding 100 pounds of 1.1 and 1.2 explosives or 2,500 pounds of 1.2 and 1.3 explosives, or both, in transit within the Port of Baltimore or the Port of Cambridge, are required to establish a fire watch once tied up to any berth, pier, dock, or wharf.
2. The fire watch shall be a member of the MdTA Police Department or other person as certified by the MPA Manager, Safety/Risk Management, and is considered a borrowed servant of the vessel.
3. Costs incurred for the fire watch shall be paid by and for the account of the vessel carrying the explosives.
4. Affected vessels shall be required to provide a fire warp fore and aft on the outboard side.​

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