The Transportation Security Administration and the U.S. Department of Transportation today issued the final rules requiring background checks on commercial drivers certified to transport hazardous items.

All hazmat drivers will now have to undergo a background check that will include criminal, immigration and FBI records. The checks, which will be conducted on each driver every five years, will certify the driver is a U.S. citizen of permanent resident; has never been convicted of a violent felony; and is not mentally incompetent.

Any driver who does not meet the requirements of the background check will not be able to get hazmat certification. In addition, states cannot issue or upgrade a CDL to include hazmat certification unless TSA has conducted a background check.

Drivers who are disqualified can still haul other cargo, and those who fail their check can appeal or file for a waiver, the agencies said in a statement.

“This is a landmark rule in that it establishes vital safeguards to protect our national transportation network from possible acts of terrorism,” TSA Administrator Adm. James M. Loy said in a statement. “The rules will further ensure the continued safe transport of a range of products – from chlorine to gasoline – crucial to the economic viability of the United States.”

In its statement, the TSA listed those crimes that would disqualify a CDL holder from having hazmat certification. Those crimes include: robbery, unlawful possession, use or sale of a firearm or other weapon; immigration violations; distribution, possession, or importation of a controlled substance; improper transportation of a hazardous material; identity fraud; rape or aggravated sexual abuse.

The list also includes terrorism; murder; assault with intent to murder; espionage; sedition; kidnapping or hostage taking; treason; extortion; arson; bribery; smuggling; RICO violations; unlawful possession, use, sale, distribution or manufacture of an explosive; dishonesty, fraud or misrepresentation; crimes involving a severe transportation security incident; or conspiracy or attempt to commit any of these crimes.

The information released May 2 is the interim version of the final rules, meaning the rules could still be changed and the agencies will still accept comments. Now the rules, as listed, will be enforced.

The new rule covers roughly 3.5 million commercial drivers nationwide.