How do I get a special hazardous materials permit?

Short answer

To get a special hazardous materials permit, you must submit an application to the Associate Administrator for Hazardous Materials Safety at least 120 days before the requested effective date, including detailed information about the proposed transportation operation and a justification for why a special permit is needed. Four things, and you need all of them:

1. A description of the material, including its proper shipping name, hazard class, and identification number.

2. A detailed description of the proposed transportation operation, including the type of vessel, loading and discharge ports, and procedures for handling the material.

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

4. Identification and description of each shipment of hazardous materials planned for transportation under the special permit.

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))

"Each petition for a special permit must contain at least the following: (a) A description of the material, including, if a hazardous material—" (46 CFR 148.21)

In plain English

Getting a special hazardous materials permit requires a detailed application that includes information about the material, the transportation operation, and why a special permit is needed. The permit is not a loophole or an exemption from compliance, but rather an alternative pathway that demands substantial documentation and technical justification. The goal is to maintain a level of safety at least equal to that required by the baseline regulations.

What to do

• Submit an application to the Associate Administrator for Hazardous Materials Safety at least 120 days before the requested effective date.
• Include all required information, such as a description of the material, a detailed description of the proposed transportation operation, and a justification for why a special permit is needed.
• Ensure that the application is complete and accurate to avoid delays or rejection.
• Be prepared to provide additional information or supporting documentation as needed.