How do I get a hazardous materials special permit?

Short answer

To get a hazardous materials special permit, you must submit an application to the Associate Administrator for Hazardous Materials Safety at least 120 days before the requested effective date. The application must include specific information, such as a description of the material, the proposed mode of transportation, and a detailed description of the proposed special permit. Four things, and you need all of them:

1. A citation of the specific regulation from which you seek relief

2. A description of the proposed mode or modes of transportation

3. A detailed description of the proposed special permit

4. A statement outlining your basis for seeking relief from compliance with the specified regulations

The rule says

"The application, including a table of contents, must: (i) Be submitted to the Associate Administrator for Hazardous Materials Safety (Attention: General Approvals and Permits, PHH-31)" (49 CFR 107.105(a)(1))

"A description of the material, including, if a hazardous material— (1) The proper shipping name from the table in 49 CFR 172.101; (2) The hazard class and division of the material; and (3) The identification number of the material." (46 CFR 148.21(a))

"The application must include the following information that is relevant to the special permit proposal: (1) A citation of the specific regulation from which the applicant seeks relief; (2) The proposed mode or modes of transportation, including a description of all operational controls required" (49 CFR 107.105(c))

In plain English

Getting a hazardous materials special permit requires a detailed application that demonstrates you can maintain an equivalent level of safety while deviating from specific regulations. The application process is rigorous and requires substantial documentation and technical justification. You'll need to provide information about the material, the proposed transportation method, and the special permit you're seeking. The goal is to show that your proposed alternative is at least as safe as the standard regulation. In practice, this means you'll need to thoroughly document your proposal and be prepared to defend it.

What to do

• Submit your application to the Associate Administrator for Hazardous Materials Safety at least 120 days before the requested effective date
• Ensure your application includes all required information, such as a description of the material and the proposed mode of transportation
• Provide a detailed description of the proposed special permit and your basis for seeking relief from compliance with the specified regulations
• Be prepared to defend your proposal and demonstrate that it maintains an equivalent level of safety as the standard regulation