Hazardous Materials Transportation Incidents

The Department of Transportation's Hazardous Materials Regulations govern the safety and security of transporting hazardous materials in commerce (49 CFR 171.1). After certain incidents they require two filings, each by the person in physical possession of the hazardous material: an immediate telephone notice to the National Response Center for some, and a written Hazardous Materials Incident Report, on DOT Form F 5800.1, for those and more (49 CFR 171.15(a), 171.16(a)). A hazardous material, as the rules define it, takes in hazardous substances, hazardous wastes and marine pollutants, among others (49 CFR 171.8). The rules' hazardous substance is their own term: a material listed in appendix A to 49 CFR 172.101, present in one package at or above its reportable quantity and, in a mixture or solution, at or above the concentration the rule sets, with petroleum left out unless listed, and natural gas and synthetic fuel gas left out (49 CFR 171.8).

What puts a property on this record

The regulation does not say which places are on the record. It says which incidents must be reported.

Transportation in commerce "begins when a carrier takes physical possession of the hazardous material for the purpose of transporting it", with its own rule for a private motor carrier, and ends on delivery as the section sets out; it includes loading, unloading and storage incidental to movement (49 CFR 171.1(c)). The rules do not apply, for example, to storage at the offeror's facility before a carrier takes possession, to storage after delivery, or to unloading by the consignee's own staff or contractors after the carrier's people or driver have left (49 CFR 171.1(d)).

• Immediate notice. It goes by telephone to the National Response Center as soon as practical, and no later than 12 hours after the incident (49 CFR 171.15(a)). It is due when, during transportation, loading, unloading and temporary storage included, a hazardous material directly causes a death, an injury needing hospital admission, an evacuation of the general public or a closure of a major transportation artery or facility for one hour or more, or a change to an aircraft's flight pattern or routine. It is also due for certain incidents involving radioactive material, infectious substances, marine pollutants or batteries in air transport, and for any situation the person in possession judges should be reported (49 CFR 171.15(b)).
• Written report. It is due within 30 days of discovery for any incident that needs an immediate notice; for "An unintentional release of a hazardous material or the discharge of any quantity of hazardous waste"; for certain damage to a specification cargo tank of 1,000 gallons or more, even with no release; for an undeclared hazardous material; and for certain battery incidents (49 CFR 171.16(a)).

Unless an immediate notice is required, some minimal releases, and some releases of less than 20 liters (5.2 gallons) of liquid or 30 kg (66 pounds) of solid, need no written report, on conditions the rule sets out (49 CFR 171.16(d)).

What a listing shows, and what it does not

The regulation does not say what a listing holds, or how an incident's location is tied to a property. The immediate notice gives, among other things, the date, time and location, any injury, the hazard class or division, the proper shipping name and the quantity, if available, and the type of incident (49 CFR 171.15(a)). Section 171.16 does not list the form's contents, and neither deals with cleanup (49 CFR 171.15, 171.16).

A release in storage or use outside transportation as the rules define it is not reported under these sections, so the absence of an entry does not show that nothing was released at a property (49 CFR 171.1(d), 171.15(b), 171.16(a)).

Section 171.15 also notes EPA's rule that a person in charge of a facility, transport vehicles included, reports a hazardous substance release at or above its reportable quantity to the same center (49 CFR 171.15). The standard defines the ERNS list as EPA's list, kept at that center, of reported releases or spills of hazardous substances under the federal cleanup law above the reportable quantity (E1527-21, 3.2.32). Neither part 171 section says whether a notice made under it becomes an entry on that list; see ERNS.

In a Phase I ESA

These records are not a standard source of Table 2. Table 3 names records of emergency release reports under 42 U.S.C. 11004; the sources here do not say whether a hazardous materials incident notice or report is one (E1527-21, 8.2.2, Table 2, Table 3). Additional records are checked when the environmental professional judges them reasonably ascertainable, useful, accurate and complete enough for the purpose of the records review, and generally obtained in local practice for the kind of transaction (E1527-21, 8.2.4).

For an entry at the subject property, the answer turns on whether the entry belongs to the subject property, what was released and how much, whether it reached soil, pavement, drains or water, and what records show of the cleanup. The site visit looks for drains and sumps, stained soil or pavement, and stressed vegetation (E1527-21, 9.4.21, 9.4.23, 9.4.24). Ask the owner and key site manager about reports of cleanups (E1527-21, 10.8.1).

For an entry off the subject property, such as on a road or rail line, the professional gives a judgment on the significance of each listing inside the search distance (E1527-21, 8.1.10). For a known release off the subject property, the factors in the standard's nonmandatory appendix include where the source lies and the topography, geology and hydrogeology (E1527-21, X4.1). See spill report at or near the subject property and rail spur or railroad tracks on or beside the subject property.

What the federal rule says

For the subject property, the records review should include

Records of reported releases or threatened releases, including site investigation reports for the subject property;

40 CFR 312.26(b)(1), edition revised as of July 1, 2025

The next item, records of what is likely to cause or contribute to releases, includes "spill reporting records" (40 CFR 312.26(b)(2)). The rule does not say whether a hazardous materials incident notice or report is one of them, and its list for nearby properties has no row for this record (40 CFR 312.26(c)).

Where the record is kept

Besides the telephone notice to the National Response Center (49 CFR 171.15(a)), the written report goes to the Information Systems Manager, PHH-60, of the Pipeline and Hazardous Materials Safety Administration, and for an incident in air transport also to the nearest FAA Regional Office (49 CFR 171.16(b)(1), (2)). The reporting person keeps a copy for two years at its principal place of business, or makes it available there within 24 hours of a request by the Department of Transportation (49 CFR 171.16(b)(3)). Part 279 has an air, rail, highway or water transporter that discharges used oil give notice if section 171.15 requires it and report in writing as section 171.16 requires, and it names a different office for that report than section 171.16(b)(1) does (40 CFR 279.43(c)(3); 49 CFR 171.16(b)(1)); see used oil handlers.

This page is general reference for environmental professionals. It does not classify any property. ASTM E1527-21 is the standard and is not reproduced here; the judgment of the environmental professional on the facts governs.