49 C.F.R. § 171.15

Immediate notice of certain hazardous materials incidents

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(a) General. As soon as practical but no later than 12 hours after the occurrence of any incident described in paragraph (b) of this section, each person in physical possession of the hazardous material must provide notice by telephone to the National Response Center (NRC) on 800-424-8802 (toll free) or 202-267-2675 (toll call). Each notice must include the following information:

(1) Name of reporter;

(2) Name and address of person represented by reporter;

(3) Phone number where reporter can be contacted;

(4) Date, time, and location of incident;

(5) The extent of injury, if any;

(6) Class or division, proper shipping name, and quantity of hazardous materials involved, if such information is available; and

(7) Type of incident and nature of hazardous material involvement and whether a continuing danger to life exists at the scene.

(b) Reportable incident. A telephone report is required whenever any of the following occurs during the course of transportation in commerce (including loading, unloading, and temporary storage):

(1) As a direct result of a hazardous material—

(i) A person is killed;

(ii) A person receives an injury requiring admittance to a hospital;

(iii) The general public is evacuated for one hour or more;

(iv) A major transportation artery or facility is closed or shut down for one hour or more; or

(v) The operational flight pattern or routine of an aircraft is altered;

(2) Fire, breakage, spillage, or suspected radioactive contamination occurs involving a radioactive material (see also § 176.48 of this subchapter);

(3) Fire, breakage, spillage, or suspected contamination occurs involving an infectious substance other than a regulated medical waste;

(4) A release of a marine pollutant occurs in a quantity exceeding 450 L (119 gallons) for a liquid or 400 kg (882 pounds) for a solid;

(5) A situation exists of such a nature (e.g., a continuing danger to life exists at the scene of the incident) that, in the judgment of the person in possession of the hazardous material, it should be reported to the NRC even though it does not meet the criteria of paragraphs (b)(1), (2), (3) or (4) of this section; or

(6) During transportation by aircraft, a fire, violent rupture, explosion or dangerous evolution of heat (i.e., an amount of heat sufficient to be dangerous to packaging or personal safety to include charring of packaging, melting of packaging, scorching of packaging, or other evidence) occurs as a direct result of a battery or battery-powered device.

(c) Written report. Each person making a report under this section must also make the report required by § 171.16 of this subpart.

Note to § 171.15:

Under 40 CFR 302.6, EPA requires persons in charge of facilities (including transport vehicles, vessels, and aircraft) to report any release of a hazardous substance in a quantity equal to or greater than its reportable quantity, as soon as that person has knowledge of the release, to DOT's National Response Center at (toll free) 800-424-8802 or (toll) 202-267-2675.

[68 FR 67759, Dec. 3, 2003, as amended at 72 FR 55684, Oct. 1, 2007; 74 FR 2233, Jan. 14, 2009; 74 FR 53186, Oct. 16, 2009; 76 FR 43525, July 20, 2011; 87 FR 79766, Dec. 27, 2022]

Notes of Decisions

Cited in 6 cases, 1986–2015 · leading case: Oil Re-Refining Co. v. Env't Quality Comm'n, 361 P.3d 46 (Or. Ct. App. 2015).

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Oil Re-Refining Co. v. Env't Quality Comm'n, 361 P.3d 46 (Or. Ct. App. 2015). “30 (incorporating US DOT regulations 49 CFR sections 171.15 -171.16 for reporting discharges of hazardous waste); id.”

Union Pac. Rr Co. v. Louisiana Ex Rel. Ieyoub, 32 F. Supp. 2d 377 (M.D. La. 1999). · cites it 5× “26 Specifically at issue here are the regulations set forth at 49 C.F.R. § 171.15 (1997) and 49 C.F.R. § 171.”

S. Pac. Transp. Co. v. Pub. Serv. Comm'n of Nevada, 909 F.2d 352 (9th Cir. 1990). · cites it 2× “ack and the remedial action taken; (d) A summary of all major construction or other work on the track at the site during the preceding year; (e) A summary of all hazardous material carried by the railroad during the preceding 12 months; (f) A summary of all unintended releases…”

Michael Casey-Beich v. UPS, Inc. (7th Cir. 2008). · cites it 2× “Casey‐Beich also alleged that UPS failed to report the hazardous material spill in accordance with 49 CFR §§ 171.15 and 171.16. UPS removed the suit to federal court based on diversity jurisdiction.”

Casey-Beich v. United Parcel Serv., Inc., 295 F. App'x 92 (7th Cir. 2008). · cites it 2× “Casey-Beich also alleged that UPS failed to report the hazardous material spill in accordance with 49 CFR §§ 171.15 and 171.16. UPS removed the suit to federal court based on diversity jurisdiction.”

S. Pac. Transp. Co. v. Corp. Comm'n, 730 P.2d 448 (N.M. 1986). “Compliance with subsection D in no way precludes or prevents compliances with 49 C.F.R. Section 171.15 (1985); therefore, it cannot be said to be inconsistent with the federal regulations.”

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