    [From the U.S. Government Printing Office, www.gpo.gov]

              Coastal Zone
              information

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                1986

                                                                  Office of Technology Assessment

                                                      Congressional Board of the 99th Congress

                                                                   TED STEVENS, Alaska, Chairman

                                                             MORRIS K. UDALL, Arizona, Vice Chairman

                                                 Senate                                                         House

                                          ORRIN G. HATCH                                                GEORGE E. BROWN, JR.
                                                   Utah                                                         California

                                    CHARLES McC. MATHIAS, JR.                                             JOHN D. DINGELL
                                                Maryland                                                        Michigan

                                       EDWARD M. KENNEDY                                                CLARENCE E. MILLER
                                               Massachusetts                                                       Ohio

                                        ERNEST F. HOLLINGS                                                 COOPER EVANS
                                             South Carolina                                                        Iowa

                                           CLAIBORNE PELL                                                  DON SUNDQUIST
                                              Rhode Island                                                      Tennessee

                                                                          JOHN H. GIBBONS
                                                                                (Nonvoting)

                                                                         Adisory Council

                              WILLIAM J. PERRY, Chairman                        CLAM T. DEDRICK                      MICHEL T. HALBOUTY
                                 H&Q Technology Partners                     California Land Commission           Michel T. Halbouty Energy Co.
                           DAVID S. POTTER, Vice Chairman                       JAMES C. FLETCHER                       CARL N. HODGES
                                General Motors Corp. (Ret.)                     University of Pittsburgh                University of Arizona

                                     EARL BEISTLINE                             S. DAVID FREEMAN                      RACHEL McCULLOCH
                                         Consultant                        Lower Colorado River Authority              University of Wisconsin
                                 CHARLES A. BOWSHER                               JOSEPH E. ROSS                         LEWIS THOMAS
                                 General Accounting Office                         Acting Director                    Memorial Sloan-Kettering
                                                                            Congressional Research Service                 Cancer Center

                                                                                Director

                                                                          JOHN H. GIBBONS

                                            The views expressed in this special report are not necessarily those of the Board,
                                                         OTA Advisory Council, or individual members thereof

                                                                                Transportation of
                                                                  Hazardous Materials:
                                        State and Local Activities

                                                                                                 A Special Report

                                                                 Property of cSC Library

                                                              U . S . DEPARTMENT 0F COMMERCE NOAA
                                                              COASTAL SERVICES CENTER
                                                              2234 SOUTH HOBSON AVENUE
                                                              CharlESTON,SC 29405-2413

                                                                                                                 CONGRESS OF THE UNITED STATES
                                                                                                                 Office of Technology Assessment
                                                                                                                 Washington, D. C. 20510

                         Recommended Citation:
                              U.S. Congress, Office of Technology Assessment, Transportation offlazardous Materials: State
                              and Local Activities, OTA-SET-301 (Washington, DC: U.S. Government Printing Office,
                              March 1986).

                                        Library of Congress Catalog Card Number 85-600624

                                              For sale by the Superintendent of Documents
                                        U.S. Government Printing Office, Washington, DC 20402

                              Foreword

                                  First passed in 1974 and largely unchanged for the past decade, the Hazardous Materi-
                              als Transportation Act must be reauthorized by Congress in 1986. During the past dozen
                              years, the transportation industries have been deregulated, the U.S. economy has weathered
                              a major recession and recovered in a new and different form, and public awareness of possi-
                              ble damage from hazardous materials has been heightened by such events as the San Fran-
                              Cisco Caldecott Tunnel fire and the thousands of deaths and injuries in Bhopal, India.
                                  At present, no one knows for certain the total quantities and types of hazardous materials
                              that are transported, confusion exists over how safe the transportation process is or ought
                              to be, the public needs better information, and emergency response personnel need train-
                              ing. In light of these and other factors, the Senate Committee on Commerce, Science, and
                              Transportation requested the Office of Technology Assessment to undertake a study of
                              the transportation of hazardous materials. The study results will be presented in two docu-
                              ments. This special report, Transportation of Hazardous Materials: State and Local Activi-
                              ties, is the first of the two. It summarizes Federal programs and identifies three major areas
                              of State and local government concern: prevention and enforcement activities, emergency
                              response and training, and planning and data gathering. The report outlines related issues,
                              describes methods by which jurisdictions are responding to them, and documents the con-
                              cerns that the Federal Government could address. The second document will be submitted
                              to Congress in mid-1986.
                                  OTA is pleased to provide this special report, which should be of substantial value to
                              Congress, as well as to State and local officials and hazardous materials personnel.

                                                                                         7V

                                                                                  JOHN H. GIBBONS
                                                                                  Director

                                                                                                                                   W

                  Assessment of Transportation of Hazardous Materials Advisory Panel

                                                      John W. Barnum, Panel Chairman
                                                       White & Case, Washington, DC

                  Garnet Bernhardt                                          Charles N. Lovinski
                  Colerain Township                                         Corporate Manager for Restricted Articles
                  Cincinnati, OH                                            Federal Express
                  Keith J. Bunting                                          Memphis, TN
                  Manager                                                   Charles H. Mayer
                  Distribution, Government, and Public Affairs              Vice President
                  Dow Chemical Co.                                          Nuclear and Hazardous Materials Division
                  Midland, MI                                               Tri-State Motor Transit Co.
                  Robert A. Christman                                       Joplin, MO
                  Director                                                  Warren Owen
                  Customer and Distribution Service                         Executive Vice President
                  Mobay Chemical Corp.                                      Duke Power Co.
                  Pittsburgh, PA                                            Charlotte, NC
                  John Cooper                                               Paul Remick, Jr.
                  Manager of Waste and Transportation                       Distribution Advisor
                  Illinois Department of Nuclear Safety                     Exxon USA
                  Springfield, IL                                           Houston, TX
                  Richard E. Cunningham*                                    Cathy Reynolds
                  Director                                                  Councilwoman-at-Large
                  Fuel Cycle and Material Safety Division                   City Council
                  Nuclear Regulatory Commission                             Denver, CO
                  Silver Spring, MD                                         Alan 1. Roberts*
                  Ed Dietz**                                                Director
                  Manager of Barge Transportation                           Office of Hazardous Materials Transportation
                  Union Carbide Corp.                                       U.S. Department of Transportation
                  Charleston, WV                                            Washington, DC
                  Edward S. Ford                                            Raymond D. Scanlon
                  Senator                                                   Economic Development Department
                  General Assembly                                          The Port Authority of New York and
                  Commonwealth of Kentucky                                   New Jersey
                  Lexington, KY                                             New York, NY
                                                                            William R. Teer
                  Roger Kasperson                                           Vice President
                  Center for Technology,                                    Transnuclear, Inc.
                    Environment and Development                             White Plains, NY
                  Clark University
                  Worcester, MA                                             A.D. Williams
                                                                            Director of Energy and Environmental
                  Kevin Kenzenkovic                                           Programs Planning
                  City Manager                                              Union Pacific Railroad
                  Slater, MO                                                Omaha, NE

                    *pro forma.
                    "Retired December 1985.

                  iv

                       Transportation of Hazardous Materials: State and Local Activities
                                                         OTA Project Staff

                                                  John Andelin, Assistant Director, OTA
                                            Science, Information, and Natural Resources Division

                             Nancy Carson Naismith, Science, Education, and Transportation Program Manager

                                                      Edith B. Page, Project Director

                                                      R. James Arenz, Senior Analyst
                                                            Eric Butler, Analyst
                                                      Ann Carroll, Research Assistant
                                                         Francine Rudoff, Analyst
                                                          Lucia Turnbull, Analyst

                                                  Marsha Fenn, Administrative Assistant
                                                      Gala Adams, Clerical Assistant
                                                       Christopher Clary, Secretary
                                                         Betty Jo Tatum, Secretary

                                                               Contractors

                                                      Julia Connally   Nina Graybill

                                       State and Local Workshop: May 30, 1985

                                                  Robert Robison, Workshop Chairman
                                              Radioactive Materials Emergency Coordinator
                                                       State of Oregon, Salem, OR

                 John C. Allen                                          Donald Lewis
                 Principal Laboratory Scientist                         Rail and Motor Carrier Training Officer
                 Battelle Columbus Laboratories                         Washington Utilities and Transportation
                 Columbus, OH                                             Commission
                 Peter E. Baker                                         Olympia, WA
                 Hazardous Materials Transportation Unit                Paul Melander, Jr.
                 New Jersey State Police                                Manager of Transportation Investigation
                 West Trenton, NJ                                       Tennessee Public Service Commission
                 Stanley Brand                                          Nashville, TN
                 Manager of Hazardous Materials and Operator            Fred Millar
                   for Emergency Response                               Director
                 .Monsanto Co.                                          Nuclear and Hazardous Materials
                 St. Louis, MO                                            Transportation Project
                 Juanita Crabb                                          Environmental Policy Institute
                 Mayor                                                  Washington, DC
                 Binghamton, NY                                         William H. Nalley
                 L. Joe Deal                                            Chief
                 Acting Director                                        Federal, State and Private Sector Initiatives
                 Radiological Assistance Controls Division              Research and Special Programs Administration
                 Office of Nuclear Safety                               Office of Hazardous Materials Transportation
                 U.S.. Department of Energy                             U.S. Department of Transportation
                 Germantown, MD                                         Washington, DC
                                                                        Richard O'Boyle
                 Warren E. Isman                                        Safety Director
                 Chief                                                  Quality Carriers, Inc.
                 Fairfax County Fire and Rescue Department              Bristol, Wisconsin Office
                 Fairfax, VA                                            Pleasant Prairie, WI
                 William Keffer                                         Susan Peres
                 Chief, Emergency Planning and Response                 Emergency Management Specialist
                   Branch                                               Technology Hazards Division
                 Region VII Environmental Protection Agency             Federal Emergency Management Administration
                 Kansas City, KS                                        Washington, DC
                 George Kramer                                          Robert Philpot
                 Hazardous Materials Instructor                         Transportation Program Branch Chief
                 Tennessee Emergency Management Agency                  U.S. Department of Energy
                 Nashville, TN                                          Washington, DC
                 Richard P. Landis                                      Kenneth L. Pierson
                 Associate Administrator for Motor Carriers             Director
                 Federal Highway Administration                         Bureau of Motor Carrier Safety
                 U.S. Department of Transportation                      Federal Highway Administration
                 Washington, DC                                         Washington, DC

                  Vi

                     Dennis L. Price                                         Bruce Smith
                     Director                                                Assistant Chief
                     Safety Projects Office                                  Colerain Township Fire Department
                     Virginia Polytechnic Institute                          Cincinnati, OH
                     Blacksburg, VA                                          Charles Wright
                     Vallary Sandstrom                                       Training Officer
                     Acting Chief                                            Union Pacific Railroad
                     Programs Liaison Branch                                 Omaha, NE
                     Research and Special Programs Administration
                     Office of Hazardous Materials Transportation
                     U.S. Department of Transportation
                     Washington, DC

                                                                  Contributors

                                  Paula Alford, National Association of Towns and Townships
                                  Frederic E. Allen, Allen Enterprises, Inc.
                                  Louis J. Amabili, Delaware State Fire School
                                  Nancy J. Brown, Kansas House of Representatives
                                  Thomas S. Carter, Jr., The Kansas City Southern Railway Co.
                                  Sherwood Chu, U.S. Department of Transportation
                                  James M. Davis, Jr., Carolina Power & Light Co.
                                  Richard M. Doyle, Chemical Manufacturers Association
                                  Max Eisenberg, Maryland Department of Health
                                  Joseph Fulnecky, Federal Highway Administration
                                  John F. Grimm, Quality Carriers, Inc.
                                  Clifford J. Harvison, National Tank Truck Carriers, Inc.
                                  Mary Sherwood Holt, Newport News, VA
                                  Warren E. Isman, Fairfax County Fire and Rescue Department, Fairfax, VA
                                  Will Johns, American Trucking Associations, Inc.
                                  William Keffer, Region VII, Environmental Protection Agency
                                  Genevieve Laffly, American Petroleum Institute
                                  Clark Martin, American Trucking Associations, Inc.
                                  Terry Novak, City of Spokane, WA
                                  Edward D. Olmo, Shell Oil Co.
                                  Barbara Sonnonberg, Memphis City Council
                                  Robert D. Vessey, American Red Cross
                                  Gene T. West, Consolidated Freightways, Inc.

                                                                                                                               vii

                         Contents

                         Chapter                                                Page      Chapter                                                    Page
                         1. Introduction and Findings         ............        3       4. Information Gathering for State and
                            Hazardous Materials Transportation       ..........   3          Local Hazardous Materials Planning              ...     55
                            Government and Industry Roles        .............    6          Data Collection Activiries    ..................        56
                              Federal   .................................         6            Federal Data@ Collection   ...................        56
                              State  ...................................          6            State and Local Studies    ...................        56
                              Local  ...................................          7          Fixed Facilities Inventories  ..................        57
                              Industry   ................................         7            Local and Regional Inventories      ............      57
                            Organization and Scope of Report       ...........    8            Coordinated Use of Inventories     ........  I ....   58
                            General Findings     ..........................       8            State Inventory Studies    ...................        59
                              Prevention and Enforcement        ..............    8            Community Support        .....................        60
                              Emergency Response      .....................       9            Right-to-Know     ...........................         60
                              Planning and Data Collection       .............    9          Transportation Studies     .....................        61
                         2. Prevention and Enforcement             .........      13           Truck Studies-Local/Regional        ............      61
                            Federal Responsibilities  .....................       13           Truck Studies-State      .....................        62
                            State Enforcement and Inspection                                   Rail Studies-Local/Regional       ..............      63
                                Capabilities  ............................        16           Rail Studies-State     .......................        64
                              Evolution of State Programs     ...............     16           Air Transportation Studies     ................       64
                              State Hazardous Materials                                        Water Transportation Studies       .............      65
                                Enforcement Development Program         .......   17           Federal Data on Shipment of Radioactive
                              Motor Carrier Safety Assistance Program        ...  17             Materials and Wastes     ...................        65
                              Commercial Vehicle Safety Alliance       ........   20           Notification Laws as Tools for Data Gathering         66
                            Current State Activities   ....................       20         Hazards Assessment Studies      .................       68
                              Adopting Legislation and Regulations        ......  20         Findings   ..................................           70
                              Data and Information Collection       ...........   21      Appendix A-State Authority for Hazardous
                              Inspection and Enforcement       ...............    22         Materials Transportation         .............          75
                              Training Inspectors    .......................      23      Appendix B-Hazardous Materials
                            Case Studies: State Profiles    .................     25         Training Programs        ..................             82
                              Illinois  ..................................        25
                              Washington     .............................        26      Appendix C-Information Resources                .....      85
                              Maryland     ...............................        26      Appendix D-Acronyms and
                            State and Local Accident Prevention
                                Activities ..............................         27         Abbreviations      .......................              87
                              Preemption   ..............................         27      Bibliography       ........................                91
                              Licensing, Registration, and Permits     ........   28
                              Notification   .............................        31      Tables
                              Routing   .................................         32      Table No.                                                  Page
                            Findings   ..................................         33      1-1. Incidents Involving Transport of
                         3. Emergency Response and Training              .....    39           Hazardous Materials, 1973-83      ..............      4
                            Institutional Framework    ....................       40      1-2. Hazardous Materials Assistance Commonly
                              Federal Responsibilities    ...................     40           Available From State and Local Agencies         ...   7
                              State and Local Authority      ................     41      2-1. Federal Activities in Hazardous
                              Industry Response    ........................       43           Materials Transportation    ..................        14
                            Training   ..................................         44      2-2. Hazardous Materials Transportation
                              Existing Training Programs     ................     44           Inspectors   ...............................          15
                              Training Needs     ..........................       46      2-3. States With Proposed or Existing Hazardous
                              Training Content and Quality       .............    47           Wastes Transportation Fee or Registration
                            Planning and Organizing for                                        Requirements, 1985     .......................        29
                              Emergency Response      .....................       48      3-1. jurisdictional Analysis of Agency
                              Coordination    ............................        49           Responsibility   .............................        42
                              Operational Concerns     ....................       49      3-2. Frequently Used Training Sources, 1985       .....    46
                              Public Information     .......................      50      4-1. State Right-to-Know Laws, 1985       ............     60
                            Protective Equipment      ......................      51      4-2. Commodities Covered by
                            Findings   ..................................         52           Notification Requirements, 1985      ............     67

                                                                                                                                                     ix

                  Figures

                  Figure No.                                        Page
                  2-1. States Participating in the State Hazardous           2-3. States With Hazardous Materials Notification
                      Materials Enforcement Development Program 18               Requirements by Type of Material, 1985 .... 32
                  2-2. States Participating in the Motor Carrier
                      Safety Assistance Program  .................   19

                  x

                                                    Chapter 1
                    Introduction and Findings

                                                                                                                                                                  Chapter 1
                                                                                      Introduction and Findings

                                Each year, more than 4 billion tons of hazardous                              local governments and the multitude of private firms
                              products and waste are transported throughout the                               involved.***
                              United States.* The safe handling and carriage of                                  Historically, the Federal Government has taken
                              these materials-which include explosives, flam-                                 a lead role in regulation of hazardous materials trans-
                              mables, corrosive or toxic chemicals, poisons, spent                            portation and safety enforcement. State and local
                              reactor fuel and low,level waste, and disease-causing                           governments, however, are assuming greater respon-
                              biological agents-are of major concern to Federal,                              sibilities in this area, prompted by a growing aware-
                              State, and local agencies charged with public safety                            ness of the dangers posed by hazardous materials
                              and to the industries that produce, ship, and use                               transportation and recognition that emergency re-
                              hazardous materials."                                                           sponse-at least initially-almost always falls to
                                The safe and efficient transport of hazardous ma-                             State and local agencies. The Senate Committee on
                              terials depends on three principal activities: accident                         Commerce, Science, and Transportation, mindful
                              prevention (including regulation and enforcement),                              of heightened public concern about chemical spills
                              emergency response when accidents occur, and re-                                and accidents involving radioactive materials and
                              search and planning. While emergency response ac-                               toxic substances, requested that the Office of Tech-
                              tivities arouse the most intense public interest, all                           nology Assessment (OTA) undertake a study of haz-
                              three activities are interdependent and necessary.                              ardous materials transportation. The study, directed
                              Maintaining transport safety and efficiency is tech-                            specifically at the issues of container technology, ac-
                              nologically demanding-a task made complex by the                                cident data collection and recordkeeping, and train-
                              variety and volume of materials transported and by                              ing programs for personnel involved in hazardous
                              the interlocking responsibilities of Federal, State, and                        materials transportation or in emergency response
                                                                                                              to hazardous materials accidents, will be completed
                                                                                                              in early 1986. This review of State and local activi-
                                *This estimate includes hazardous materials carried in pipelines.             ties provides background information for analysis
                                "Hazardous materials are substances or matter transported in                  of the issues to be addressed in the larger study.
                              commerce that pose risks to human safety, property, and the environ-
                              ment if accidentally released. Hazardous materials transported by pipe-           ***This document summarizes Federal programs and identifies State
                              line or generated or used in military or other defense-related activities       and local concerns. The OTA Final Report will examine in detail Fed-
                              are similar in nature and pose similar risks but are excluded from this         eral regulations and technical programs and assess the extent to which
                              discussion.                                                                     they meet the needs identified in this report.

                                                       HAZARDOUS MATERIALS TRANSPORTATION

                                Statistics gathered by the Office of Hazardous Ma-                            products on the market today have not been re-
                              terials Transportation (OHMT)* of the U.S. Depart-                              viewed for inclusion.'
                              ment of Transportation (DOT) indicate that there
                              are more than 180 million shipments of hazardous                                   Chemical products are but one kind of hazard-
                              materials in the United States each year. The vari-                             ous material. There are also biological products,
                              ety of these substances is enormous and growing-                                fuels, petroleum products, explosives, acids, fer-
                              Currently, more than 2,400 substances are listed in                             tilizers, gaseous substances, and various forms of in-
                              the Federal Code of Regulations as hazardous com-                               dustrial waste. Radioactive substances are another
                              modities; many of the more than 70,000 chemical                                 major form of hazardous materials. More than
                                                                                                              20,000 medical and academic institutions, labora-
                                *Until Nov. 1, 1985, OHMT was called the Materials Transporta-                tories, government agencies, industrial enterprises,
                              tion Bureau (MTB); OHMT is a part of the DOT's Research and Spe-
                              cial Programs Administration.                                                      'See 49 CFR 172.101.

                                                                                                                                                                                       3

                        4

                        and utilities operating nuclear powerplants gener-                                 about 600,000 vehicles and vessels are regularly used
                        ate low-level radioactive waste, amounting to an an-                               to transport hazardous materials in bulk, and
                        nual volume of 77,000 cubic meters and contain-                                    700,000 carry portable containers. The transport of
                        ing 500,000 curies of radioactive material.' A recent                              hazardous materials by air (either in all-cargo air-
                        study by the Department of Energy (DOE) projects                                   craft or in belly compartments of passenger aircraft)
                        that this volume could double by 1990.1 These fig-                                 is insignificant in tonnage-an estimated 175,000
                        ures do not include the high-level radioactive waste                               tons annually-but constitutes a high number of
                        now shipped by utilities, the Department of Defense                                shipments. A 1980 Federal Aviation Administration
                        (DOD), and DOE. They also do not include the in-                                   study found that roughly 5 percent of air cargo at
                        creased high-level radioactive commercial waste that                               39 major airports (amounting to 300,000 packages)
                        will be shipped in the late 1990s once Federal stor-                               contained hazardous materials, typically rather small
                        age facilities have been established or the low-level                              parcels of high-value or time-critical material.
                        waste that will be generated as present nuclear re-                                  The safety record of hazardous materials carriers,
                        actors are decommissioned and dismantled. Accord-                                  as reported to the Office of Hazardous Materials
                        ing to a recent estimate, the remains from decom-
                        missioning a single large reactor would fill well over                             Transportation, is summarized in table 1-1. For the
                        1,000 trucks, equaling one-quarter of all the low-                                 period 1973-83, there was an annual average of
                        level nuclear waste now generated yearly in the                                    11,462 reported incidents-a rate of 1.25 incidents
                        United States.'                                                                    per 10,000 shipments.* Most of these were accidental
                                                                                                           releases during handling and loading and not vehi-
                          All of these hazardous materials move by land,                                   cle accidents en route. The reported deaths and in-
                        sea, and air modes of transportation at a rate of                                  juries caused by exposure to hazardous materials are
                        about 500,000 shipments per day. Truck transport                                   similarly low, equaling about two fatalities per 1,000
                        accounts for about half of all hazardous materials                                 incidents, a result both of the regulations govern-
                        shipments. The types of vehicles carrying hazard-                                  ing hazardous materials transportation and the de-
                        ous materials on the Nation's highways range from                                  gree of care exercised by shippers, carriers, and others
                        tank trucks, bulk cargo carriers, and other specially                              involved in accident prevention and response." The
                        designed mobile containers to conventional tractor-
                        trailers and flat beds that carry packages, cylinders,                               *These figures are for incidents reported to OHMT. Some experts
                                                                                                           estimate there may be as many as three to four times as many inci,
                        drums, and other small containers. Rail shipments                                  dents that are unreported.
                        (equaling about 80 million tons a year) are com-                                     **In recent years, there has been an annual average of 24 deaths
                        monly bulk commodities, such as liquid or gaseous                                  and 663 injuries in hazardous materials accidents reported to DOT.
                                                                                                           Even taking into account evidence of incomplete data, to be addressed
                        chemicals and fuels, carried in tank cars. Most haz-                               in OTA's Final Report, the death and injury toll in automobile acci-
                        ardous materials transported by barge on inland                                    dents in the same period was 2,000 times greater.
                        waterways are also bulk cargo. The Corps of Engi-
                        neers estimates that the total inland waterborne vol-                              Table 1-1.-Incidents Involving Transport of Hazardous
                        ume is approximately 60 million tons a year. Coastal                                          Materials, 1973-83 (as reported to DOT)
                        and inland waterborne volumes, combined, reach
                        550 million tons annually. DOT estimates that                                                                              Annual average
                                                                                                                                                                      Damages,'
                          'Under the present classification system, low-level waste includes dry           Mode                    Incidents  Deaths injuries    (millions of dollars)
                        trash; used equipment; and solidified and absorbed liquids, gases, and             Highway    ..........   10,289       19.3     419.2          $  8.15
                        sludges. Items range from spent resins from ion-exchange processes,                Rail'  .............        975      4.0      221.8             4.67
                        filter materials, lubricating oils, and contaminated tools, clothing, and          Water  .............          26     0          3.3             0.07
                        packaging (all of which have relatively low levels of radioactivity); to           Air  ...............        150      0.4        9.0             0.43
                        sealed sources such as Cobalt 60 for radiation treatments; to irradi-              Freight forwarder   ...        2     0          1.9                (c)
                        ated reactor components such as in-core instrumentation and control                Other  .............          20     0          7.8             0.01
                        rods (which typically have higher levels of radioactivity). Taylor Moore,            Total  ............   11,462       23.7     663.0           $13.33
                        "The Great State of Uncertainty in Low-Level Waste Disposal," The                  aProperty damage estimates reported to MTS within 15 days after an accident.
                        Electric Power Research Institute (EPRI) journal, March 1985, p. 24.               bThe rail safety record improved during the period because of an increase in the
                          'U.S. Department of Energy, Spent Fuel and Radioactive Waste: In-                 number of Federal rail inspectors and equipment Improvements during the early
                                                                                                            198ft
                        ventories, Projections and Characteristics, DOE/RW-0006 (Washing-                  cLess than $0.01 million.
                        ton, DC: September 1984).                                                          SOURCE: U.S. Department of Transportation, Materials Transportation Bureau,
                          @Steve Olson, "Nuclear Undertakers," Science 84, vol. 5, No. 7, Sep-                      Annual Report on Hazardous Materials Transportation, Calendar Year
                        tember 1984, p. 57,                                                                         1983,

                                                                                                                                                                               5

                             true costs of hazardous materials accidents are dif-                           Still, it is the risk of death and injury that causes
                             ficult to determine. A large number of incidents are                        the deepest concern. Hazardous materials accidents
                             not reported to OHMT, and the costs of those that                           are often spectacular, although loss of life is rela-
                             are appear to be greatly underestimated. Interstate                         tively rare. No State or local official can erase the
                             carriers are required to report any spill except those                      memory of an overturned load of explosives or
                             of certain consumer goods and paints and batteries                          tanker of chemicals in an area for which he or she
                             to DOT within 15 days, usually long before full costs                       is responsible. These experiences and the almost
                             are known. Typically, carriers report only their di-                        weekly news reports of a hazardous materials spill
                             rect costs. The annual damage cost for incidents re-                        somewhere in the Nation, more than the official sta-
                             ported to OHMT from 1973 to 1983 was $13 mil-                               tistical record, drive the demand for strong enforce-
                             lion. This figure is undoubtedly too low, perhaps                           ment of safety rules and improved emergency re-
                             by a factor of as much as 10,1 if all costs associated                      sponse capabilities.
                             with hazardous materials accidents are considered,
                             including long-term cleanup costs.

                               'An OTA contractor studying accident report data has found that           NTSB records showed $570,000 damages; DOT records did not show
                             DOT damage reports are consistently low. For example, the National          the accident at all.
                             Transportation Safety Board (NTSB) listed damages of $597,000 for             Mark Abkowitz and George F. List, "Hazardous Materials Trans-
                             a February 1978 rail accident; the DOT report of the accident listed        portation: Commodity Flow and Information Systems," report prepared
                             damages of $11,000. For a May 1983 rail hazardous materials accident,       for U.S. Congress, Office of Technology Assessment, December 1985.

                                                                                                                       N",

                                                                                                                                                   __"Vow

                                                                  ioo*

                                                                                                                  Photo credit: Research and Special Programs Administration, DOT
                                                        The remains of a truck that had been carrying chemicals, after an accident.

                   6

                                            GOVERNMENT AND INDUSTRY ROLES

                                         Federal                                   The Federal Emergency Management Agency is
                                                                                responsible for coordinating Pederal assistance, plan-
                     The Federal Government has four roles with re-             ning, and training activities for emergency response
                   gard to hazardous materials transportation: regula-          with State and local governments. The Departments
                   tion, enforcement, emergency response and plan-              of Justice and Labor also have designated responsi-
                   ning, and data collection. Responsibility for these          bilities and areas of interest.
                   functions is distributed among numerous depart-
                   ments and agencies. The departments and agencies                The data collection function similarly is spread
                   operate under a complex set of agreements and co-            among several Federal agencies. The various data-
                   ordination procedures, with no single agency hav-            bases maintained by those agencies record accidents
                   ing sole responsibility or authority over all aspects        and spills and monitor compliance and sometimes
                   of hazardous materials production, shipment prep-            carrier performance. OHMT is the principal agency
                   aration, and transportation. In some instances, juris-       collecting data on hazardous materials transporta-
                   dictions overlap. In others, responsibility is assigned      tion spills, but every other Federal entity keeps rec-
                   depending on the type of material involved, the              ords pertaining to its area of interest. There is no
                   mode of transport, or the nature of Federal regu-            central clearinghouse to collect and analyze hazard-
                   lation.                                                      ous materials transportation information.
                    IDOT is the designated lead agency for establish-
                   ment and enforcement of regulations regarding safe                                    State
                   transportation of hazardous materials. The DOT Re-
                   search and Special Programs Administration (RSPA)               The States mirror Federal functions and respon-
                   has authority to issue regulations on most aspects           sibilities to a degree, but the structure is by no means
                   of hazardous materials transportation containers.            uniform or even comparable from State to State.
                   It must coordinate with the modal administrations,           Some States have extensive programs of regulation,
                   the Federal Highway Administration, the Federal              enforcement, emergency planning, and training. In
                   Railroad Administration, the Federal Aviation                others, programs are still in a formative stage. The
                   Administration, the National Highway Traffic                 functions and activities listed in table 1-2 indicate
                   Safety Administration, and the U.S. Coast Guard,             the range and nature of State involvement, not the
                   which have authority over the vehicles or vessels            situation in every State. State programs, like their
                   themselves. This intra-agency fragmentation not-             Federal counterparts, are characterized by a multi-
                   withstanding, DOT as an agency is responsible for            plicity and diversity of activities and areas of juris-
                   identification of hazardous materials, regulation of         diction, complicated in many instances by differ-
                   hazardous materials containers, handling and ship-           ences between Federal and State agencies as to
                   ments, development of standards and testing pro-             definitions of hazardous materials, regulatory re-
                   cedures, inspection and enforcement, and data col-           quirements, transportation restrictions, and strin-
                   lection.                                                     gency of enforcement.
                    Another group of agencies-DOE, DOD, the Nu-                    Regulatory activities are a major feature of many
                   clear Regulatory Commission (NRC), and the En-               State programs. State regulations may require licens-
                   vironmental Protection Agency (EPA)-has juris-               ing or registration of hazardous materials trans-
                   diction over other aspects of hazardous materials            porters, imposition of fees and taxes (often as an ex-
                   transportation. DOE is largely concerned with fuels;         tension of the licensing function), prenotification,
                   DOD, with materials used for military purposes.              and routing restrictions. States also maintain inspec-
                   NRC has jurisdiction over high-level radioactive             tion and enforcement programs and may require
                   substances in the civil sector, while EPA has respon-        special safety procedures.
                   sibilities for chemicals and hazardous nonnuclear
                   wastes. These agencies also undertake training activ-           Other important State ffinctions are planning and
                   ities and safety awareness programs, and provide             training for emergency preparedness and response.
                   technical support for State and local governments.           Training is conducted in cooperation with local

                                                                                                                                                                  7

                              Table 1-2.-Hazardous Materials Assistance                          versal local function, however, is emergency re-
                          Commonly Available From State and Local Agencies                       sponse.
                          Sfite:                                                                   Almost 75 percent of the U.S. population lives
                          Civil Defense: Communications, coordination, evacuation,               in metropolitan areas, where the majority of haz-
                            radiological monitoring.
                          State Police: Traffic control, communications, evacuation.             ardous materials are produced, transported, and
                          Environmental: Chemists, environmental scientist meteorol-             used. Local fire and police departments constitute
                            ogists, lab services, some equipment, knowledge of con-
                            tractors.                                                            the first line of response in the event of a hazard-
                          Public Works: Construction equipment and operators.                    ous materials accident, and local hospitals and
                          Public Health: Health specialists.                                     health officials bear the brunt of treating accident
                          Agriculture: Pesticide and/or fertilizer experts.                      victims. Local resources are also the first used to pre-
                          Fire Marshal or Fire Academy: Fire suppression advice.                 vent the spread of contamination or to evacuate the
                          Local.
                          Fire Department Trained firefighters and specialized equip-            area around an accident site.
                            ment for: 1) suppressing fires, 2) rescuing injured or trapped         The diversity of local functions is equaled by a
                            .persons and 3) dealing with select hazardous materials.
                          Public Works: Equipment and personnel to contain spills by             wide range of capabilities. Some locales have well-
                            digging trenches or constructing dikes. Can usually pro-             developed emergency plans, adequately trained and
                            vide sand-an excellent sorbent for spilled hazardous
                            materials.                                                           equipped response teams, and sufficient resources
                          Police: Communications equipment and traffic/crime control             for hazardous materials containment and cleanup.
                            at scene of spill.                                                   Others, particularly small urban and rural jurisdic-
                          Civil Defense: Equipment for monitoring radioactivity. Will
                            usually coordinate the response of various agencies.                 tions, must rely on local fire and police departments
                          Public Health Agency. Advice on the chemical properties of             that most often have little or no training or experi-
                            the materials and human health effects.                              ence in dealing with hazardous materials.
                          SOURCE: U.S. Department of Transportation, Research and Special Programs
                                  Administrator, community Teamwork., Working Together to Promote
                                  Hazardous Materials Transportation Safety., A Guide for Local Officials,
                                  May 1983, p. 58.                                                                         Industry
                          agencies and often with some technical assistance                        An important adjunct to Federal, State, and lo@
                          and financial support from the Federal Government                      cal government resources are the safety-related pro-
                          and industry. Since States are also responsible for                    grams and capabilities of the industries that produce
                          emergency programs, civil defense, police, fire, envi-                 and transport hazardous materials. Some of the
                          ronmental, and public works agencies may all play                      more than 50 national industry associations are
                          roles in State hazardous materials activities, mak-                    made up of hazardous materials producers and users
                          ing program coordination difficult. In rural areas and                 -e.g., the Chemical Manufacturers Association, the
                          small towns, State agencies may constitute the first                   National Agricultural Chemicals Association, and
                          response team.* In metropolitan areas, local gov-                      the American Petroleum Institute. Others are trans-
                          ernments usually assume this function.                                 portation associations such as the American Truck-
                                                                                                 ing Associations, the American Waterways Opera-
                                                                                                 tors, the Association of American Railroads, and
                                                     Local                                       the Air Transport Association.
                            Diversity of function and concern also exists at                       Industry programs provide employee, client, and
                          the regional and local levels of government. Some                      contractor training in the handling and transport
                          major cities and metropolitan areas exercise regu-                     of hazardous materials and in emergency response.
                          latory, inspection, enforcement, and licensing func-                   Some industries maintain special response teams to
                          tions akin to those of Federal and State agencies.                     aid State and local authorities at an accident site;
                          Many have undertaken emergency planning and                            others offer funding for training and equipping State
                          training activities, either on their own or with assis-                and local first response teams. Industry associations
                          tance from Federal and State hazardous materials                       and individual firms also contribute to State and
                          offices. The most important and most nearly uni-                       local planning, prevention, and education efforts,
                                                                                                 either by underwriting part of the cost of such pro-
                            *First responders are those agencies, such as police or fire, that are grams or by providing technical support. Voluntary
                          called initially when an accident involving hazardous materials occurs.
                          They may be followed by State and local health authorities and envi-   standard setting in support of hazardous materials
                          ronmental cleanup crews.                                               safety varies widely from company to company.

                    8

                                          ORGANIZATION AND SCOPE OF REPORT

                      This special report, which documents findings per-           This report will emphasize truck transportation
                    taining to State and local activities, is the outgrowth      because it is of greatest concern to State and local
                    of an OTA workshop held on May 30, 1985, and                 officials. Trucks carry more hazardous materials than
                    a series of meetings between OTA and government,             any other mode of transportation, and there are
                    industry, and academic experts on hazardous ma-              many more trucks than other vehicles or vessels car-
                    terials. The workshop examined the results of OTA's          rying hazardous materials. Finally, trucks travel on
                    initial research and literature review of State and          public rights of way through every jurisdiction, min-
                    local capabilities and activities in the areas of acci-      gling with other traffic and thus increasing spill and
                    dent prevention and emergency response. The com-             accident risks.
                    ments of workshop participants, supplemented by                Three subjects are addressed in the chapters that
                    follow-up interviews and analysis of key points by           follow:
                    OTA staff and an extensive review process, form
                    the basis for the material and findings presented              0 State prevention and enforcement programs;
                    here.                                                          0 emergency response training, planning, and im-
                      Concerns of State and local governments about                  plementation; and
                    the transportation of hazardous materials focus on             0 information collection for State and local
                    accident prevention and enforcement, emergency                   planning.
                    response, and collection of information to support             General findings are presented below. Detailed
                    planning for emergency preparedness. OTA found               findings and supporting material are contained in
                    that while a hazardous materials accident in any             each chapter. It should be noted that the findings
                    mode of transportation will involve State and local          presented in this special report will be considered
                    public safety officers, highway and rail hazardous           in the context of Federal programs and other re-
                    materials accidents tend to concern public officials         sources in a second OTA report to Congress, Trans-
                    the most. No other public organization, such as a            portation of Hazardous Materials. The second re-
                    port authority or the Coast Guard, is likely to be           port will include policy options for consideration
                    available to provide immediate assistance to State           by Congress in 1986.
                    and local public safety personnel for either truck or
                    rail accidents.

                                                            GENERAL FINDINGS

                      Financial assistance for enforcement and re-               mote better awareness and training of drivers,
                    sponse training and planning activities is needed            handlers, and enforcement personnel. Generally,
                    by many localities. Potential sources of funds in-           emergency response personnel are -already trained
                    clude Federal, State, or local assistance, cooperative       to handle gasoline incidents.
                    programs with industry, and registration or user fees.         State and local enforcement and emergency
                      Movements of gasoline and petroleum products,              response personnel are dissatisfied with the in.
                    by far the most frequently transported hazardous             formation accompanying hazardous materials
                    materials,* account for more hazardous materials             shipments. Placarding requirements should more
                    transportation accidents, injuries, and damage               accurately reflect the degree of hazard of the ma.
                    than transport of any of the other classified Com-           terial, and shipping papers should include more
                    modities. State and local enforcement, emergency             information on the nature of the hazard posed and
                    response, and planning personnel should focus on             accident mitigation techniques.
                    this problem in cooperation with industry repre.
                    sentatives. Attention should be given to develop-                   Prevention and Enforcement
                    ing additional safety measures and programs to pro-            National standards establishing uniform State
                     *According to data provided by the American Petroleum Associa- hazardous materials requirements and regulations
                    tion and OTA calculations, these products comprise about 50 percent would simplify and improve compliance by ship,
                    of total hazardous materials movements.                      pers, carriers, and State and local enforcement

                                                                                                                                      9

                     activities. State, regional, and local agency con.            Maintaining existing response programs
                     cerns as well as those of industry should be con.           through refresher training and training of new
                     sidered in formulating standards. The areas where           personnel to fill vacancies created by turnovers
                     uniformity is most needed are:                              in response teams is financially difficult for most
                       �  Licensing to ensure that drivers and others            jurisdictions.
                          handling hazardous materials are qualified and           National guidelines for different levels of train.
                          have been properly trained. Some form of a na-         ing and national certification standards for re,
                          tional truck driver's license is favored by many       sponders; are needed. Advanced hazardous mate-
                          State, local, and industry officials.                  rials training is appropriate for personnel in large
                       �  Permit or registration requirements to obtain          jurisdictions, along major transportation corridors,
                          information and collect fees in a coordinated          or in States with heavy concentrations of hazard-
                          manner that does not unduly burden trans-              ous materials industries. The numerous existing
                          porters and ensures that money collected is used       training programs need to be systematically exam-
                          to meet related needs.                                 ined and evaluated.
                       �  Shipment notification systems that provide               National equipment guidelines for emergency
                          useful information for localities without unduly       response are needed to assist response organiza,
                          burdening carriers.                                    tions in equipment selection.
                       Penalties for regulatory violations, including              When formulating hazardous materials emer.
                     failure to report hazardous materials incidents,            gency response plans, communities should con,
                     should be consistent across governmental and                sider formal, written mutual aid agreements with
                     jurisdictional levels and sufficiently large to dis,        regional and adjacent local jurisdictions and Good
                     courage future infractions. An effective enforce-           Samaritan laws to protect first responders from
                     ment program requires that legislatures, enforcement        liability when they respond to incidents for which
                     agencies, and courts be aware of the death, injury,         they are not responsible.
                     property damage, and environmental harm that
                     could result from accidental release of hazardous ma-             Planning and DataCollection
                     terials and set penalties accordingly.
                       State and local enforcement personnel need                  Improved data on hazardous materials storage
                     additional training and current information on              and commodity flow is needed by State and local
                     hazardous materials regulations for all modes of            governments for analyzing accident prevention
                     transportation. Methods used by the Federal Gov-            techniques such as routing and planning for emer,
                     ernment to deliver this information to State and lo-        gency response. Federal databases pertaining to
                     cal officials need to be improved and strengthened.         commodity flow are kept by a wide variety of Fed-
                     Programs to educate shippers and carriers on safety         eral agencies, but the agencies do not use the same
                     measures and regulatory compliance need strength-           commodity identification codes, and the databases
                     ening as well.                                              are not interactive. The data are not useful to State
                                                                                 and local governments, some of which have under-
                                                                                 taken data collection on their own. Data collection
                                 Emergency Response                              efforts would be improved by coordinating existing
                                                                                 Federal data resources and providing State and lo-
                       An effective way to deliver hazardous materi.             cal access to them. National guidelines on hazard
                     als training to first responders is the most press,         assessment data collection for local government
                     ing national need in emergency response. Many               would also be valuable. In the absence of national
                     different and successful training programs exist, but       legislation, right-to-know laws should be considered
                     they are not reaching sufficient numbers of first           by jurisdictions. Such laws are an important aid in
                     responders, especially in the smaller urban and ru-         gathering information on the identities and associ-
                     ral areas. Moreover, some training programs are sim-        ated hazards of the chemicals most likely to be en-
                     ply inadequate.                                             countered.

                  10

                    A reliable, comprehensive Federal accident rec,          ities have made important contributions to the de-
                  ord system is essential. Current Federal efforts are       velopment of municipal and State programs, the ab-
                  too fragmented to be useful to State and local agen-       sence of effective Federal program coordination
                  cies, or to carriers, which could use the findings to      means that jurisdictions have difficulty gaining ac-
                  develop or modify their own safety programs. Ex-           cess to available information, planning, and finan-
                  ,isting Federal databases that record data on acci-        cial resources.
                  dents, violations, and shippers and carriers that do         The lack of interagency coordination at the Fed.
                  not comply with regulations would be more useful           eral level is often replicated at the State level,
                  if they were interactive and were made accessible          compounding the difficulties of regional and lo,
                  to State enforcement personnel. The SAFETYNET              cal jurisdictions.
                  Program, being developed by the Federal Highway
                  Administration, and the National Driver's License            Up,to,date technical information is needed for
                  Registry, being developed by the National Highway          planning emergency response. Current toxicolog-
                  Traffic Safety Administration, should help, but their      ical, chemical, and health data should be compiled,
                  full implementation is at least a decade away.             updated regularly, and made accessible to planners
                    A more clearly defined and smoothly function,            and responders.
                  ing Federal authority for hazardous materials                State and local officials are concerned about
                  transportation is needed. The current designation          shipments of chemical weapons and explosives or
                  of DOT as lead agency and RSPA as lead group               radioactive materials by DOD and DOE. While
                  within DOT has not resulted in clear lines of au-          these officials understand the need for secrecy about
                  thority or intermodal coordinahon for transport-           such shipments, they seek guarantees that Federal
                  ing hazardous and radioactive commodities and              enforcement will be stronger and when an accident
                  wastes. While a number of federally sponsored activ-       occurs, emergency response efforts will be adequate.

                                                   Chapter 2
               Prevent ion and  Enforcement

                                                                                                                            Chapter 2
                                                           Prevention                      and Enforcement

                         Federal, State, and local governments share re-
                       sponsibility for the safe transport of hazardous ma-
                       terials and the prevention and control of accidents
                       involving hazardous materials. The preeminent au
                       thority is the Federal Government, which issues reg-
                                                                                         -TIE-
                       ulations and sets standards governing identification                                                     6.@ 41-
                       and classification of hazardous materials, the design
                       and performance of containers and equipment, and
                                                                                                            V
                       procedures for handling and transporting hazard-
                       ous materials. Federal regulations also prescribe
                       documentation of hazardous materials shipments
                       and specify requirements for labels and placards                         L
                       State prevention programs concentrate on inspec-                          V
                       tion and enforcement within the framework of Fed-
                       eral regulations, although some States also issue reg-
                       ulations intended to supplement or strengthen
                                                                                                            J, *A
                       Federal requirements, principally with respect to
                       truck routing and notification of hazardous mate-                    Photo credit: Research and Special Programs Administration, DOT
                       rials shipments. Local agencies are primarily con-              An accident waiting to happen - inadequate brake
                       cerned with emergency response, but they also play                   repair discovered during truck inspection.
                       a role in prevention and enforcement by placing re-
                       strictions on routes and hours of hazardous mate-
                       rials transport and by requiring registration and per-          This chapter reviews State and local prevention
                       mits for hazardous materials shippers and carriers           and enforcement programs that have evolved over
                       operating within their jurisdictions.                        the past 15 years and examines current State and
                         In recent years, largely as a result of programs ini-      local activities. It also discusses Federal agencies and
                       tiated and funded by the Department of Transpor-             policies affecting the capability and performance of
                       tation (DOT), many States and local agencies have            State and local agencies. The principal sources of
                       added to their regulatory authority and strength-            information for this chapter are reports filed by
                       ened administrative, enforcement, and inspection             States participating in federally funded prevention
                       procedures. They have also established or improved           and enforcement activities, proceedings of recent
                       programs to train highway enforcement officers and           State and regional conferences on hazardous mate-
                       to educate shippers and carriers about compliance            rials transportation, interviews with officials of Fed-
                       with hazardous materials regulations.                        eral and State agencies, and an OTA workshop.

                                                         FEDERAL RESPONSIBILITIES
                         The Federal Government has broad and diverse               forcement (see table 2-1). The activities of DOT and
                       authority over hazardous materials transportation.           the Nuclear Regulatory Commission (NRC) are of
                       This authority is distributed among 12 different Fed-        chief interest here since, to a large extent, they de-
                       eral agencies with regulatory or administrative re-          termine the context in which State and local agen-
                       sponsibility for some aspect of prevention and en-           cies operate.

                               14

                                                                   Table 2-1.-Federal Activities in                             Hazardous Materials Transportation

                                                                                   Regulation of:
                                                           Hazardous                          Vehicles                                                                                                                 Emergency
                                                           materialsf      Containers       and   vessels       Drivers         Planning       Recordkeeping      Inspection        Enforcement       Training         response
                               DOT      ............. ..........           .......     .. ..........          ..........        ..........      ..........        ..........        ..........            X            .........
                                        OHMT ..........        X                X           ..........        ..........        ..........            X                X                X           ..........         ..........
                                        FHWA ......... ..........               Xa                X           ..........        ......    I...        X                X                X           ..........         ..I .......
                                        BMCS ......... ..........          .......     .. ..........               X            ..........      ....  I.....      .........   I     ..........      .. I .......       ........     I.
                                        NHTSA........ ..........           .......                X           .........         ..........      ..........        ..........        ..........      ..........         ..........
                                        FRA .... ....... ..........             Xa                X               .......       ..........            X                X                X           ..........         ........     I.
                                        FAA .... ....... ..........             Xa                X           .........         ..........            X                X                X           ..........         ...I......
                                        USCG ..........        X                Xa                X           .........         ..........            X                X                X                 X                X
                               FEMA     ............ ..........            ..........       ..........        ..........              X         ..........        ........    I. ..........               X                X
                               EPA      ..............         X           ..........       ..........        ..........        ..........            X                X                X                 X                Xto
                               NRC      .............          X                X           ..........        ..........        ..........      ..........        ..........            X                 X                Xc
                               DOE      .............          xd               X           ..........        ..........        ..........            X                X                X                 X                Xc
                               DOD      ..... .......          xd          ..........       ...........            X            ..........            X                X                X           ..........
                               fThIs category includes hazardous substances, hazardous wastes and radioactive materials, and the lools for communication of these hazards such as shipping papers, placarding, and marking.
                               aPackage/contalner design.
                               bEPA     responds to accidents involving the release of products regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and oil spills In coastal and ocean water.
                               cDepends on the type of radioactive material, severity of the accident, and the adequacy of State and local response programs.
                               din cases of national security, DOD and DOE are not required to comply with DOT regulations provided they follow standards affording equal protection.
                               KEY: DOT-Department of Transportation; OHMT-Offlce of Hazardous Materials Transportation; FHWA-Federal Highway Administration; BMCS-Bureau of Motor Carrier Safety; NHTSA-National High-
                                        way Traffic Safety Administration; FRA-Federal Railroad Administration; FAA-Federal Aviation Administration; USCG-United States Coast Guard; EPA-Environmental Protection Agency; NRC-
                                        Nuclear Regulatory Commission: DOE-Department of Energy; DOD-Department of Defense.
                               SOURCE: Office of Technology Assessment.

                                        Regulation of hazardous materials transportation                                                  The Bureau of Motor Carrier Safety (BMCS) with-
                               by DOT is vested in five agencies: the Office of Haz-                                                  in the Federal Highway Administration (FHWA) is
                               ardous Materials Transportation (OHMT), of the                                                         responsible for inspection and enforcement activi-
                               Research and Special Programs Administration,                                                          ties in highway transportation of hazardous mate-
                               which is responsible for promulgating and enforc-                                                      rials and at depots and transshipment points.2
                               ing regulations and coordinating the hazardous                                                         BMCS, under its general authority to set motor car-
                               materials activities of DOT, and the four modal ad-                                                    rier safety standards, also regulates vehicles used in
                               ministrations charged with inspection and enforce-                                                     transporting hazardous materials.3 In addition, BMCS
                               ment of hazardous materials transport by highway,                                                      administers the Motor Carrier Safety Assistance Pro-
                               rail, air, and water.                                                                                  gram, which provides some financial assistance to
                                        OHMT has general authority over all hazardous                                                 States for enforcement of regulations governing haz-
                               materials transportation regulation, except bulk                                                       ardous materials transportation on public roads.*
                               shipment by ship or barge, which has been delegated                                                        The Federal Railroad Administration (FRA) en-
                               to the U.S. Coast Guard. OHMT issues regulations                                                       forces regulations pertaining to hazardous materi-
                               designating and classifying hazardous materials,                                                       als carried by rail or held in depots and freight
                               prescribing safety standards for containers, estab-                                                    yards.4 The Federal Aviation Administration has
                               lishing requirements for labels and placards, and                                                      authority over shipments of hazardous materials on
                               specifying handling, stowing, and other in-transit                                                     domestic and foreign carriers operating at U.S. air-
                               requirements for hazardous materials.' Another ma-                                                     ports and in airport cargo-handling areas.' The
                               jor OHMT activity has been administration of the                                                       Coast Guard carries out inspection and enforcement
                               State Hazardous Materials Enforcement Develop-                                                         activities in port areas and on domestic and foreign
                               ment Program, a cooperative program to strengthen                                                      ships and barges operating in the navigable waters
                               State regulatory enforcement capabilities.                                                             of the United States.6 Responsibility for inspection

                                        'Regulations covering classification, shipping, packaging, and placard-
                               ing of hazardous materials are contained in 49 CFR 171-177. Special                                        '49 CFR 177 and 49 CFR 1.48.
                               routing requirements for hazardous materials, pursuant to the Hazard-                                      149 CFR 350-399.
                               ous Materials Transportation Act of 1974 (49 U.S.C. 1801-1811) have                                        *MCSAP was created under the 1982 Surface Transportation Assis-
                               also been issued. OHMT also acts as DOT's liaison with the Environ-                                    tance Act (Public Law 97-424).
                               mental Protection Agency (EPA). EPA regulations for transporters of                                        449 CFR 174 and 49 CFR 1.46.
                               hazardous waste, issued under the authority of the Resource Conser-                                        149 CFR 175.
                               vation and Recovery Act, have been adopted by OHMT.                                                        '49 CFR 176 and 49 CFR 1.46.

                                                                                                                                                                                       15

                             and enforcement of regulations pertaining to haz-                                active materials and small quantities of fissile ma-
                             ardous materials shipments that move by more than                                terials that do not exceed Type A limits. In addition,
                             one mode of transportation is retained by OHMT.                                  DOT governs the routing of radioactive materials
                                                                                                              designated as "Highway Route Controlled" for safety
                               Regulatory authority over transportation of radio-                             purposes.10
                             active materials is divided between DOT and NRC
                             under a 1979 Memorandum of Understanding.7                                           While OHMT exercises general regulatory respon-
                             Under this agreement, NRC sets standards for the                                 sibility for hazardous materials transportation, most
                             design and performance of packages to carry fissile                              day-to-day inspections and enforcement are carried
                             materials and radioactive materials that exceed Type                             out by the DOT modal administrations. These activ-
                             A limits.* Currently NRC certifies all such pack-                                ities are often part of their overall programs to mon-
                             ages and carries out the necessary inspections. NRC                              itor compliance with other types of transportation
                             regulations also require that States be given advance                            and vehicle safety regulations.
                             notification of the transport of certain types of radio-                             The number of inspections and enforcement ac-
                             active materials (including spent fuel)8 and provide                             tions taken by DOT is small compared with the
                             for physical security measures to prevent deliberate                             number of shippers, carriers, and container manu-
                             acts to seize or damage shipments of strategic nu-                               facturers throughout the country. In 1983, for in-
                             clear materials and spent ft@iel.9 Enforcement of these                          stance, only 109 of the more than 20,000 container
                             regulations is carried out by NRC regional offices.                              manufacturers were inspected by OHMT and FRA.
                               DOT has regulatory authority over the design and                               The 1983 figures for shipping facilities -are similarly
                             performance of packages carrying nonfissile radio-                               low-5,000 of an estimated 104,000 were inspected.
                               744 F.R. 38690, July 2, 1979.                                                      The principal reason for the low number of in-
                               *Fissile material is that containing one or more fissile radionuclides-        spections is the shortage of DOT personnel, espe-
                             Plutonium 238, Plutonium 239, Plutonium 241, Uranium 233, and Ura-
                             nium 235. Neither natural nor depleted Uranium is fissile material.              cially those with training in hazardous materials en-
                             Type A quantity limits are defined in 10 CFR 71.4 and table A-1 thereto.         forcement. Table 2-2 shows the number of full- and
                               110 CFR 71-97 and 73.37.
                               110 CFR 73.                                                                        1049 CFR 177.825, Docket No. HM-164.

                                                                Table 2-2.-Hazardous             Materials Transportation Inspectors

                                                                                                   1979           1980            1981           1982          1983
                                                Inspectors (full-time):
                                                   USCG     ..........................                  0            0                0             0            0
                                                   FAA   ............................                12            12              10               0          10
                                                   FHWA     ..........................                  9             9               9             0            8
                                                   FRA   ............................                19            24              25            23            33
                                                   OHIVIT   ..........................                  9          10                 7             6            6
                                                   Totals   ..........................               49            55              51            29            57
                                                Inspectors (part-time):                                                                                        -
                                                   USCG     ..........................             770            770            1,298          403            570
                                                   FAA   ............................              623            176             155           138            102
                                                   FHWA     ..........................             152            161             153           149            144
                                                   FRA   ............................                61            64             129           129            158
                                                   OHIVIT   ..........................                  0            0                1             1            1
                                                   Totals   ..........................           1,606           1,171          1,736           820            975
                                                Total work years
                                                   USCG     ..........................             115.5          115.50          155.76         50.00'        40.00
                                                   FAA   ............................                36.9          19.04           17.75            8.20       14.08
                                                   FHWA     ..........................               47.0          49.25           47.25         40.20         25.28
                                                   FRA   ............................                28.2          33.60           34.65         33.00         46.40
                                                   OHIVIT   ..........................                  9.0        10.00              7.50          6.75         6.75
                                                   Totals   .....              . ..........        236.6          227.39          262.91        138.15         132.51
                                                KEY: USCG-United States Coast Guard; FAA-Federal Aviation Administration; FHWA-Federal Highway Administration;
                                                     FRA-Federall Railroad Administration; OHMT-Officeof Hazardous Materials Transportation; and work year-equIvalent
                                                     to a full year of work by a single Inspector.
                                                SOURCE: Office of Technology Assessment; based on DOT Annual Reports.

                   16

                                                                              tions over the 5-year period. The total work-years
                                                                              of inspection and enforcement for all DOT agen-
                                                                              cies combined has also dropped-237 years in 1979
                                                                              to 133 in 1983, a decline of almost half.
                                                                                The number and frequency of hazardous materi-
                                                                              als shipments; the vast extent of roadways, water-
                                                                              ways, and rail lines to be covered; and the variety
                                                                              of materials involved all dictate an inspe  ction and
                                                                              enforcement program of much greater scope than
                                                                              Federal agencies presently offer. Based on the min-
                                                                              imal number of inspections that have been carried
                                                                              out, the rate of noncompliance and safety violations
                                                                              is high. The Federal Government in recent years
                                                                              has begun helping the States to strengthen their in-
                                             TOM
                                                                              spection and enforcement capabilities, particularly
                              /67                                             for truck transport, since the number of trucks car-
                              E410720
                               CHEWCA
                             'n'wo. N.J.                                      rying hazardous materials constitutes the largest haz-
                                                                              ardous materials fleet in any mode. Truck safety in-
                                                                              spections have also been a traditional function of
                          Photo credit: Research and Special Programs Administration, DOT State enforcement officers. In the early 1980s, the
                     Bottles of sulfuric acid that leaked during transport    Federal rail inspection force was increased, and there
                                                                              has been a commensurate improvement in the rail
                   part-time inspectors and equivalent years of work          safety record.
                   (work-years) by agency for 1979-83. With the excep-
                   tion of FRA, all the hazardous materials enforce-
                   ment agencies in DOT had experienced staff reduc-

                            STATE ENFORCEMENT AND INSPECTION CAPABILITIES
                    The entry of State governments into the field of                  Evolution of State Programs
                   hazardous materials transportation safety began in
                   earnest in the early 1970s. A series of episodes in-         In 1973, DOT and NRC's predecessor, the Atomic
                   volving radioactive materials prompted States to call      Energy Commission, undertook a program in co,
                   for more vigorous efforts to monitor and control the       operation with nine States to collect data on the
                   shipment of hazardous materials. Since it was appar-       amount and type of radioactive material originat-
                   ent that the resources committed by the Federal            ing in or passing through selected locations. This
                   Government to police shipments of radioactive ma-          effort, known as the State Surveillance of Radio,
                   terial-much less other, more common, forms of haz-         active Materials Transportation Program (SSRMT),
                   ardous materials-were inadequate, the States them-         was directed at determining the magnitude of the
                   selves began to seek ways to develop inspection and        problem posed by radioactive materials and the de-
                   enforcement -capabilities. The task was formidable         gree of regulatory noncompliance by shippers and
                   since States then had virtually no organizational          carriers.
                   structure, legal authority, or personnel with special-
                   ized competence in the area of hazardous materials           As expected, the SSRMT study found several in-
                   control.                                                   adequacies in data collection and recordkeeping; it

                                                                                                                                         17

                       also pointed to important needs in the area of en-           transportation of hazardous materials. The State
                       forcement:                                                   Hazardous Materials Enforcement Development
                         � Imposition of civil penalties and suspension of          Program (SHMED), designed to assist States in the
                           permits to use radioactive waste burial sites were       enforcement of hazardous materials safety standards
                           needed to reduce violations in the disposal of           and regulations, primarily those pertaining to high-
                           radioactive material.                                    way transportation, was a major component. SHMED
                         � Increased education of handlers and drivers was          had two objectives: decreasing the number of
                           needed to heighten their safety awareness and            hazardous materials transportation accidents by
                           to lessen their exposure to radiation.                   strengthening State enforcement capabilities and
                         � Enforcement by police cars equipped with ra-             promoting uniformity in State hazardous materials
                           diation detectors (a program undertaken in Il-           safety regulations and enforcement procedures.
                           linois) was found to be especially useful in iden-       SHMED offered participating States contracts to
                           tifying improperly placarded vehicles.                   conduct a three-phase program. The first phase,
                         � Remote surveillance (for example, a geiger-              funded at a maximum of $20,000 per State, con-
                           counter mounted on a parked patrol car can               centrated on data gathering, passage of enabling leg-
                           detect gamma rays emitted by passing trucks              islation, and adoption of Federal regulations. The
                                                                                    second phase had a funding limit of $40,000 and
                           or vehicles) could provide valuable data on ship-        required States to develop and implement an inspec-
                           ping patterns and assist in determining the ex-          tion program. In the third phase, with funding of
                           tent of compliance by shippers and carriers.             up to $60,000, States had to establish enforcement
                         � Requiring appropriate placarding and shipping            procedures.
                           documents would provide emergency response
                           personnel with better information in the event            In all, 25 States have participated in SHTvIED (see
                           of a transportation accident.                            figure 2-1). Compared to most Federal-State coop-
                         In addition, SSRMT pointed out the need to                 erative programs, SHMED is small. The 1984 budget
                       strengthen State-level prevention and enforcement            was $1.1 million, and overall expenditures through
                       mechanisms for all types of hazardous materials.             1986, when the program expires, will amount to just
                                                                                    over $3 million. Nonetheless, it has had a signifi-
                       SSRMT findings thus helped form the basis for a              cant influence in shaping State enforcement pro-
                       much more substantial Federal program to aid in              grams and in defining what constitutes an effective
                       the development of State hazardous materials safety          program. While some States, such as New Jersey,
                       programs.                                                    have established enforcement programs without
                                                                                    SHMED support, the majority of existing State pro-
                               State Hazardous Materials                            grams have had SHIvIED funding.
                         Enforcement Development Program
                         Shortly after the SSRMT study was completed,                            Motor Carrier Safety
                       responsibility for administering Federal-State coop-                      Assistance Program
                       erative programs was transferred to OHMT. Un-                  When the SHMED program ends this year, Fed-
                       der OHMT, the programs were broadened to in-                 eral support of State multimodal hazardous mate-
                       clude all classes of hazardous materials, and emphasis       rials enforcement capabilities will diminish, and
                       shifted from data collection to regulatory enforce-          there will be no programs specifically targeted to haz-
                       ment, especially development of State organizations          ardous materials transportation by rail, water, and
                       that could assume a greater share of inspection and
                       enforcement functions.11                                     air. However, Federal funds for State inspection and
                                                                                    regulatory enforcement on the highways will be
                         In 1981, OHMT initiated a wide-ranging effort to           available through the Motor Carrier Safety Assis-
                       increase State and local capabilities in managing the        tance Program (MCSAP). Authorized under the
                                                                                    Surface Transportation Assistance Act of 1982 (Pub-
                                                                                    lic Law 97-424), MCSAP makes grants to States for
                         "Steve N. Solomon, State Surveillance of Radioactive Materials 4C
                       Transportation: Final Report, NUREG-1015 (Washington, DC: U.S. the development and implementation of programs
                       Nuclear Regulatory Commission, Office of State Programs, 1984). for enforcement of Federal rules, regulations, stand-

                      18

                         Figure 2-1.-States ParticiDatina in the State Hazardous Materials Enforcement Development Program

                                     ,X,

                      Key:
                        States participating in the State Hazardous Materials
                        Enforcement Development (SHMED) Program.
                        States not participating in the State Hazardous Materials
                        Enforcement Development (SHMED) Program.
                      SOURCE: Office of Technology Assessment.
                      ards, and orders applicable to commercial motor ve-                   to establish or substantially modify an enforcement
                      hicle safety and compatible State rules, regulations,                 program. Implementation grants provide funding for
                      standards, and orders." MCSAP covers all aspects                      States ready to initiate or continue established en-
                      of truck safety, and the act specifically indicates that              forcement programs. To qualify for an implementa-
                      it may apply to enforcement of rules pertaining to                    tion grant, a State must:
                      vehicles used to transport hazardous commodities.                        0  agree to adopt and enforce the Federal Motor
                        MCSAP is financed through the Highway Trust                               Carrier Safety Regulations (49 CFR Parts 390-
                      Fund under a 5-year authorization: $ 10 million was                         399, including highway-related portionsof the
                      authorized for fiscal year 1984, and $ 10 million was                       Federal Hazardous Materials Regulations) or
                      to be added each year up to a maximum of $50 mil-                           compatible State rules;
                      lion by fiscal year 1988. The Federal grants were to                        submit an enforcement and safety program plan
                      be matched by States on an 80:20 basis. To date,                            and designate a lead agency for administering
                      actual appropriations have been significantly lower.                        the plan;
                        Under MCSAP, States may apply for two types                               agree to devote adequate resources to adminis-
                      of grants. Development grants, available for a max-                         tration of the program and enforcement of rules,
                      imum of 3 years, provide funding for States needing                         regulations, standards, and orders; and

                                                                                                                                           19

                           have established statutory authority for right           mentation grants under MCSAP is more than $14.6
                           of entry into vehicles and facilities.                   million for 1985. Figure 2-2 shows the States par-
                        The MCSAP grant program, administered by the                ticipating in MCSAP.
                      Bureau of Motor Carrier Safety or FHWA, is de-                  State officials committed to expanding hazardous
                      signed to improve State capabilities to enforce mo-           materials enforcement have expressed concern that
                      tor carrier safety regulations and to enable States           MCSAP may give priority to general motor carrier
                      to increase safety inspections of intrastate and in-          safety programs and that hazardous materials en-
                      terstate commercial vehicles. The development of              forcement activities-especially those for nonhigh-
                      an accurate database on compliance with safety reg,           way modes-will be slighted. The State lead agen-
                      ulations is a secondary goal of MCSAP, and funds              cies for MCSAP are generally highway-oriented and
                      may be used for data collection, storage, and anal-           often are not the lead agencies designated by the
                      ysis. The legislation also authorizes inspect  'ions (in-     State for the SHMED program. However, at least
                      cluding hazardous materials inspections) of commer-           one State, Indiana, which did not completely adopt
                      cial vehicles in terminals and along highways. The            49 CFR until January 1985 and did not participate
                      projected total amount of development and imple-              in the SHMED program, has used MCSAP funds

                             Figure 2-2.-States    Participating  in the Motor Carrier Safety Assistance Program, August 1985

                                                    _J

                      Key:
                        States participating in the Motor carrier Safety Assistance
                        Program (MCSAP).
                        States not participating in the motor Carrier Safety Assistance
                        Program (MCSAP).

                      SOURCE: Office of Technology Assessment.

                    20

                    to train and put into operation hazardous materi-                  CVSA inspection standards and procedures have
                    als inspection teams. Since MCSAP funds are re-                  been developed in cooperation with BMCS and
                    stricted to highway safety purposes, the broader                 OHMT. The inspection process concentrates on the
                    question arises of how States are to develop or im-              critical items (brakes, steering, tires, wheels, couplers,
                    prove inspection, regulation, and enforcement for                and suspension) most frequently identified as causes
                    other modes of transportation, because no similar                of truck accidents. In addition, the driver's qualifi-
                    Federal programs exist for water, rail, or air. Al-              cations and log book are checked. CVSA has re-
                    though some State inspectors have been trained in                cently added hazardous materials inspection stand-
                    rail safety regulations and enforcement procedures,              ards and out-of-service criteria to its procedures. On
                    they are not trained to carry out hazardous materi-              passing inspection by a CVSA jurisdiction, the ve-
                    als inspections. Particular concern has been ex-                 'hicle receives a decal valid for 3 months allowing
                    pressed by States with high concentrations of non-               it to travel through member States without further
                    highway hazardous materials shipments.                           inspection unless a readily visible defect is detected.
                                                                                     Reciprocity, uniformity, and consistency are the key
                       Commercial Vehicle Safety Alliance                            concepts of the Alliance.
                       In an initiative independent of the Federal Gov,                A CVSA associate membership program has re-
                    ernment, 26 States and the Canadian Provinces of                 cently been formed through which industry mem-
                    Alberta and British Columbia formed the Commer-                  bers serve in an advisory and nonvoting capacity
                    cial Vehicle Safety Alliance (CVSA) in 1980. Cre-                to contribute their views, experience, and concerns.
                    ated under the leadership of California, Idaho,                  Since many of the States participating in CVSA are
                    Oregon, and Washington, CVSA seeks to foster in-                 involved in SHMED and MCSAP as well, State
                    terstate cooperation in establishing uniform safety              agencies and personnel are developing a nationwide
                    inspection standards for trucks. Under the terms                 program of State-level hazardous materials transpor-
                    of the Alliance, members agree to use identical in-              tation inspection and enforcement capability. The
                    spection standards and out-of-service criteria and               three organizations now hold joint national and re-
                    to honor the inspections of other jurisdictions. In              gional meetings. CVSA sees its role as providing
                    this way, CVSA hopes to secure greater acceptance                a link between Federal and State agencies respon-
                    of motor carrier inspection programs by the truck-               sible for motor carrier and hazardous materials in-
                    ing industry and to reduce delays caused by duplica-             spection and enforcement.
                    tive inspections of interstate truck shipments.

                                                       CURRENT STATE ACTIVITIES

                       Building an effective inspection and enforcement                0 establishing inspection and enforcement forces,
                    capability at the State level has been a slow proc-                   and
                    ess. Ten years ago, few States had the requisite le-               0  training inspectors.
                    gal authority, organization, or personnel for con-
                    ducting inspections of hazardous materials shippers
                    and carriers, and enforcing safety rules and regula-             Adopting Legislation and Regulations
                    tions. The Federal and State programs described                    A condition of State participation in MCSAP is
                    above have helped to develop this capability, and                that States wishing to participate must first pass leg-
                    most States now have organizations and programs                  islation adopting Federal motor carrier safety regu-
                    in various stages of formation or operation. Gener-              lations (49 CFR Parts 390-399) and those portions
                    ally, the process has involved the following steps:              of Federal hazardous materials regulations pertain-
                       � adopting enabling legislation and regulations,              ing to shipments on public highways (49 CFR Parts
                       � developing data collection mechanisms and in-               171-173 and 177-178). As of August 1985, and some-
                         formation networks,                                         times only after lengthy legislative proceedings, all

                                                                                                                                            21

                      but two States had adopted 49 CFR wholly or in                 the SHMED program, it was not uncommon to find
                      part.                                                          at least one violation for every truck inspected."
                        However, despite this strong Federal encourage-              States with more advanced enforcement programs
                      ment for uniform regulations and enforcement pol-              are now using computerized data management sys-
                      icies across all States, great variation from State to         tems to monitor the effectiveness of their efforts.
                      State remains, making familiarity with numerous                Utah, Washington, Oregon, and Idaho have estab-
                      State laws a burdensome necessity for interstate car-          lished management information systems that make
                        d                                                            use of data on truck accidents and truck traffic vio-
                      riers, and development of nationally standardized              lations collected by the State and BMCS.
                      training difficult. Some States exempt specific com-
                      modities, such as agricultural fertilizers; others ex-           California has put in place a hazardous materials
                      clude private carriers from regulation. In Illinois, haz-      registration program and is currently establishing
                      ardous materials regulations apply only to quantities          a computerized statewide database and information
                      that require placarding by Federal law; in South               system, scheduled to be operational in mid-1986.
                      Dakota, shipments of flammable and combustible                 The system consists of a profile of all carriers that
                      liquids are exempt.12                                          currently carry hazardous materials or are likely to
                                                                                     become involved in hazardous materials transpor-
                           Data and Information Collection                           tation in the State. The profile includes data on
                                                                                     licensing, inspection records, citations, and spills.
                        An important first step for many States has been             Monthly reports will list all carriers with a hazard-
                      collecting data on hazardous materials shipments               ous materials license due to expire in 90 days. The
                      by truck and rail and on the degree of compliance              reports will be sent to the carrier and to the Cali-
                      with regulations. These data are used to clarify the           fornia Highway Patrol (CHP) along with a copy of
                      nature and extent of the enforcement problem and               each carrier's current profile. The database will also
                      to support legislative or regulatory actions that may          include a record of all highway hazardous materials
                      be needed. (Because of the special importance of data          incidents reported throughout the State. Monthly
                      collection, this aspect of State programs and the              incident summaries will be issued by highway pa-
                      problems that States have encountered with it are              trol subarea. The California system will have access
                      treated in detail in chapter 4 of this report.)                to the information systems of BMCS and OHMT.14
                        Some States gather data on hazardous materials                 State data collection capabilities will be further
                      commodity flow by surveying drivers and inspect-               enhanced when an integrated Federal-State data net-
                      ing trucks at weighing stations or checkpoints along           work, known as SAFETYNET, is made operational
                      major routes. Such surveys can be expensive and                by BMCS. SAFETYNET will tie together the pres-
                      time-consuming, but can provide valuable data to               ent BMCS Motor Carrier Safety database with the
                      guide enforcement efforts.                                     OHMT Hazardous Material Information System
                        However, most States have concentrated on                    and various computer-based State systems. The Mo-
                      recording data on violations of hazardous materi-              tor Carrier Safety database now contains informa-
                      als regulations and do not yet have extensive data             tion on more than 200,000 interstate carriers and
                      collection programs, relying instead on spot checks            25,000 hazardous materials shippers. It can report
                      and reports of violations generated by enforcement             all of the known carriers domiciled in a region, rank
                      agencies. For example, prior to expanding their en-            them by the average number of driver and vehicle
                      forcement programs, Texas and Illinois officials re-           violations found per inspection, list the number of
                      ported that they had no statistics on compliance'              truck inspections each carrier has undergone, and
                      but that their experience indicated significant non-           give the date of the most recent safety audit. Once
                      compliance by intrastate motor carriers. Massachu-             SAFETYNET is operating, BMCS and participat-
                      setts found that when data collection began under              ing States should be able to:
                                                                                       0 input driver-vehicle inspection data,
                        12U.S. Department of Transportation, Materials Transportation Bu-
                      reau, "State Hazardous Materials Enforcement Development (SHMED) "Ibid., P.,146.
                      Program Workshop Proceedings," unpublished typescript, 1983, pp. 14California Highway Patrol, "SHMED Program System Objectives
                      121 and 183.                                                   and Scope," unpublished typescript, 1984, p. 3.

                         22

                            �  update and query inspection data,
                            �  update and query carrier census data,
                            �  query safety management audit summary data,
                            �  query accident report summary data,
                            �  query inspection workload data, and
                            �  generate system reports.15
                            A demonstration program involving four States-
                         North Carolina, Colorado, Oregon, and Michigan
                         -is in progress. The eventual goal is to include all
                         States in SAFETYNET, but this may take 10 years
                         or more to accomplish. Funding is to be provided
                         in a variety of ways-through SHMED, MCSAP,
                         other BMCS grants, and State-appropriated monies.

                                   Inspection and Enforcement

                            In many States, hazardous materials inspection
                         authority is divided among several agencies. Usu-                                             1071"
                         ally, the State highway patrol is charged with road-
                         side inspections, and another agency, such as the                                                          vwwoo@
                         Department of Transportation, has authority to
                         conduct inspections of terminals. In addition, a spe-
                         cialized agency may be empowered to inspect car-                                          Photo credit., Research and Special Programs Administration, DOT
                         riers of radioactive materials. In an effort to cen-                                 Inadequate blocking and bracing of containers for
                         tralize hazardous materials inspections, Maryland                                      rail transportation can cause damage and spills.
                         has designated the State Police as the only inspec-
                         tion force, with broad powers to stop and inspect                                   A 1983 informal survey of States participating in
                         vehicles carrying all classes of hazardous materials.                            SHMED11 identified the following as the most com-
                         Other States, Michigan and Massachusetts, for ex-                                mon violations found during roadside inspections:
                         ample, took a similar approach and established spe-
                         cialized units of the State highway patrol that are                                 e  failure to display the correct placard,
                         trained in and solely responsible for hazardous ma-                                 9  failure to block or brace hazardous materials
                         terials inspections.                                               I                   containers,
                            Systematic, thorough, and consistent inspection                                  0  leaking discharge valves on cargo tanks,
                         procedures are important if the safety of hazardous                                 0  improperly described hazardous wastes,
                                                                                                             0  inaccurate or missing shipping papers, and
                         materials transportation is to be improved. State in-                               0  excessive radiation levels in the cab of the truck.
                         spectors who have received training connected with
                         federally sponsored programs generally employ pro-                                  Accurate placards and shipping papers are par-
                         cedures that conform to Federal practice. OHMT                                   ticularly important for the safety of first responders
                         has issued a series of inspection guidebooks that con-                           to hazardous materials emergencies, as they provide
                         tain simplified, standard procedures. Developed with                             essential, basic information on the nature of the
                         assistance from BMCS and CVSA, the guidebooks                                    problems the responders face. State enforcement offi-
                         cover roadside procedures (stopping vehicles, ex-                                cials estimate that one-quarter to one-half of all haz-
                         terior and interior inspection, putting a vehicle out                            ardous materials vehicles have improper placards.*
                         of service, etc.) and terminal inspection procedures                                "U.S. Department of Transportation, Research and Special Programs
                         (warrantless entry, review and copying of docu-                                  Administration, "Quarterly State Hazardous Materials Enforcement
                         ments, and seizure of a vehicle or its contents).                                Development (SHMED) Program Progress Reports: 1984-85," unpub-
                                                                                                          lished reports.
                                                                                                             *Estimates received during the course of OTA research. State offi-
                                                                                                          cials familiar with roadside truck inspections in at least 10 States were
                            "Ibid., p. 2,                                                                 asked how many trucks had been found to be incorrectly placarded.

                                                                                                                                                                                  23

                             A Virginia Department of Transportation study                                  judges often are unfamiliar with hazardous materi-
                             found the rate to be at least one-third. 17 Improper                           als regulations and may underestimate the serious-
                             placarding means that the immediate source of in-                              ness of the offense or misunderstand the regulations.
                             formation for first responders will frequently be                              To improve local prosecution of violators, enforce-
                             faulty.                                                                        ment officers in some States provide local judges and
                               Enforcement policies affect violation rates, and                             prosecutors with regularly updated information on
                             violations are often treated differently from State                            the regulations.
                             to State and among different agencies in the same                                 Enforcement officers report four problems com-
                             State. In about half of the States, inspectors have                            monly encountered in prosecuting hazardous ma-
                             enforcement powers and can issue citations for vio-                            terials violators. First, due to a lack of training or
                             lations. In the other half, inspectors can only re-                            experience, officers often do not provide adequate
                             port violations to a separate agency empowered to                              documentation in the inspection report or have not
                             enforce regulations and assess penalties. Some States                          followed correct procedures. As a result, many cases
                             provide only for civil penalties; others give the en-                          must be set aside or the charges reduced. Second,
                             forcing agency the option of civil or criminal penal-                          enforcement officers find that many judges and lo-
                             ties depending on the severity of the violation and                            cal prosecutors have difficulty understanding haz-
                             the violator's record. In some States, the policy is                           ardous materials regulations and respond by dismiss-
                             to issue written warnings to first offenders. Other                            ing cases or lowering penalties without cause. A
                             States use more stringent measures; in Texas and                               third problem is in obtaining assistance from other
                             Vermont, for instance, any violation of a hazard-                              agencies in preparing evidence for court proceed-
                             ous materials regulation is automatically a criminal                           ings. State agencies are sometimes unwilling to co-
                             misdemeanor.                                                                   operate in testing hazardous materials or in provid-
                               Fines for similar violations differ among the States.                        ing other technical assistance. In some instances,
                             In South Dakota, where no penalties were specified                             State facilities may be willing to help, but they can-
                                                                                                            not provide certain kinds of tests or technical anal-
                             by the State legislature when Federal regulations                              ysis, or they cannot do so in a timely manner.19
                             were adopted, all violations are automatically treated                         Fourth, State enforcement agencies complain that
                             as petty misdemeanors. Texas has a $200 limit on                               fines are too low to serve as a deterrent to noncom-
                             fines, while Illinois may impose fines of up to $10,000                        pliance. Many carriers and shippers treat fines as
                             per day, per violation. Illinois has tried to ensure                           a cost of doing business.10
                             that similar offenses receive similar fines and has de-
                             veloped a rating system based on a matrix assign-                                                Training Inspectors
                             ing a numerical value from one to five to such fac-
                             tors as the gravity of the violation, the degree of                               Training programs sponsored by the Federal Gov-
                             culpability, the history of prior offenses, and the abil-                      ernment have increased the number of State inspec-
                             ity to pay. A violator can be assessed up to 40 points,                        tors trained in hazardous materials, but there are
                             each representing a $250 fine. The accused viola-                              still great disparities among the sizes of State inspec-
                             tor may appeal the fine before an administrative                               tion forces. California has a large, well-trained force
                             hearing officer who may reduce the penalty or set                              as part of CHP. In 1983, the hazardous materials
                             it aside."                                                                     inspection unit consisted of 93 civilian commercial
                               The need for a consistent State enforcement pol-                             vehicle inspectors, 132 traffic officers who operated
                             icy is apparent when violations are prosecuted by                              40 platform scales and 9 other inspection facilities,
                             local city or county attorneys. Local prosecutors and                          67 traffic officers trained and equipped for mobile
                                                                                                            road inspections, and 130 civilian motor carrier
                               17J.W. Schmidt and D.L. Price of Virginia Polytechnic Institute, Flaz-
                             ardous Materials Transportation in Virginia (Richmond, VA: Virginia               19Captain Richard Landis, in U.S. Congress, Office of Technology
                             Department of Transportation Safety, 1980), p. XIII.                           Assessment, "Transcript of Proceedings-OTA Workshop on State and
                               18U.S. Department of Transportation, Materials Transportation Bu-            Local Activities in Transportation of Hazardous Materials," unpub-
                             reau, Annual Report on Hazardous Materials Transportation, Calen-              lished typescript, Washington, DC, May 30, 1985.
                             dar Year 1983 (Washington, DC: U.S. Government Printing Office,                   10U.S. Department of Transportation, Annual Report, op. cit., pp.
                             1983), p. 126.                                                                 71-72.

                             52-648 0 - 86 - 2 : QL 3

                   24

                   specialists who performed off-highway and terminal          throughout the year at their field headquarters and
                   inspectionS.2 I Few other States have such extensive        return to the Academy every 3 years for in-service
                   systems. Vermont, for example, has only part-time           training. CHP officers assigned exclusively to com-
                   inspectors, and some States have no inspection force        mercial enforcement duties at inspection and scale
                   at all.                                                     facilities and on mobile units are selected from vet-
                     Inspecting vehicles for compliance with Federal           eran inspection officers. They attend an 80-hour
                   and State hazardous materials regulations requires          commercial enforcement class at the Academy, with
                   specialized training, knowledge, skill, and experi-         retraining every 2 years. Civilian inspectors assigned
                   ence. Most States do not have the resources for an          to CHP inspection duties must have at least I year
                   independent training program and send inspectors            of experience in the maintenance of heavy-duty
                   to the Transportation Safety Institute (TSI), a multi-      commercial vehicles. They attend the 80-hour en-
                   modal training establishment supported by the De-           forcement class at the Academy and receive addi-
                   partment of Transportation.                                 tional in-service training every 2 or 3 years. CHP
                                                                               also provides training for other State agency per-
                     TS1 offers instruction at its facility in Oklahoma        sonnel involved in hazardous materials management
                   City and at State-operated sites if requested; its          and for employees of the regulated industries. Two-
                   courses are open to Federal, State, and local gov-          day hazardous materials seminars are conducted as
                   ernment employees and to private industry. Priority         needed for these groups   .21
                   for enforcement courses has been given to trainees            Private firms also offer hazardous materials train-
                   from States participating in SHMED.                         ing, and courses on inspection and enforcement are
                     In addition to courses on radioactive materials,          available from a wide variety of organizations. State
                   TSI offers two inspection courses: one in hazardous         officials indicate that the courses vary in content
                   materials compliance and enforcement and one in             and suggest that the Federal Government or a na-
                   cargo tank compliance and enforcement. Both are             tional, professional group should develop a stand-
                   organized into three phases: a self-study introduc-         ardized curriculum and uniform training guidelines.
                   tion that the student completes before attending              In recognition of the complexity of hazardous ma-
                   class, a week of classroom instruction based on case        terials regulations, several States have set up pro-
                   studies, and a field exercise to be completed indepen-      grams to educate industry about compliance and en-
                   dently by the student once back on the job. In 1984,        forcement procedures. Maryland, California, and
                   TSI trained more than 2,500 enforcement officers            Illinois work closely with the trucking industry
                   in courses offered at 29 locations.                         through State and local industry associations to pro-
                     A few States, notably California and Illinois, oper-      mote voluntary compliance, Enforcement officials
                   ate extensive training programs, staffed either with        in Maryland hold informational meetings regularly
                   their own personnel or by instructors provided by           with industry groups and ensure that new regula-
                   TSI. CHP conducts a comprehensive State train-              tions or procedures are covered by the press. CHP
                   ing program, during which uniformed CHP inspec-             conducts training for industry personnel to acquaint
                   tion officers attend a 20-week basic law enforcement        them with inspection requirements. Illinois post,
                   training course on hazardous materials inspection           poned implementation of its enforcement program
                   procedures at the CHP Academy. Officers are then            for 2 years to allow industry time to assimilate the
                   assigned to field commands where they receive 30            regulations and move toward voluntary compliance.
                   days of training from veteran CHP inspectors. In
                   addition, officers receive periodic refresher training

                    "National Conference of State Legislators, Hazardous Materials 21U.S. Department of Transportation, "SHNED Program Workshop
                   Transportation: A Legislator's Guide (Denver, CO: 1984), p. 36. Proceedings," op. cit., p. 126.

                                                                                                                                           25

                                                    CASE STUDIES: STATE PROFILES

                        No two State enforcement programs are alike.                tection and recording of violations and for personal
                      Some are large and well-financed; others have                 safety-items such as cameras; binoculars; vehicular-
                      smaller resources and are tightly focused. The fol-           mounted detection and surveillance apparatus; ex-
                      lowing short profiles of the programs in Illinois,            plosive meters; and protective footgear, coveralls,
                      Washington, and Maryland highlight some of the                and masks. IDOT attorneys and industry represent-
                      interesting accomplishments of State programs.                atives participate in the training program to ensure
                                                                                    that as many affected parties as possible are well in-
                                                                                    formed.
                                             Illinois                                 In order to promote industry compliance, IDOT
                        Before 1977, Illinois had no central regulatory             introduced the enforcement program slowly and de-
                      agency responsible for hazardous materials transpor-          liberately. The first fines were levied 21/2 years after
                      tation and no State enforcement program. Once a               regulations were adopted. This gave the regulated
                      study identified these deficiencies, the legislature au-      industries time to become familiar with the regula-
                      thorized the Illinois Department of Transportation            tions and afforded inspectors a protracted training
                      (IDOT) to regulate the transportation of hazardous            period. From 1979 to 1981, the Hazardous Materi-
                      materials on the highways and gave the State Po-              als Department of IDOT sent copies of the regula-
                      lice enforcement power. In 1979, the Illinois legis-          tions with explanations to all State industries that
                      lature adopted regulations that included 49 CFR               were potential users or producers of hazardous ma@
                      Parts 171, 172, 173, 177, and 178 and Part 379 of             terials. (The mailing list is kept current and used
                      the Bureau of Motor Carrier Safety Regulations. The           to inform industry of changes in regulations and en-
                      Illinois regulations differed from their Federal coun-        forcement.) The Department set up seminars and
                      terparts in some important respects: Illinois set a           work sessions to discuss the regulations and proce-
                      higher threshold of applicability, exempting from             dures with such industry groups as the Illinois
                      regulation all hazardous materials that, under Fed-           Trucking Association, the National Tank Truck
                      eral regulations, do not require placarding. It also          Carriers, and the Tank Truck Manufacturers Asso-
                      excluded certain agricultural products shipped be-            ciation. In the meantime, State Police inspectors is-
                      tween farms. By narrowing applicability, Illinois tar-        sued Notices of Apparent Violation to drivers and
                      geted bulk shipments-deemed the most important                sent copies to the Hazardous Materials Department
                      safety problem-for enforcement efforts.                       of IDOT. The Department notified the offending
                        Training of State Police officers was a key corn-           companies, explaining the regulations and appar-
                                                                                    ent violation. After this period of education and
                      ponent in the enforcement program. Initially, 32              training, the Department began sending frequent
                      officers were trained in basic hazardous materials            offenders letters warning that continued violations
                      inspection and cargc) tank inspection at TSI in Okla-         would mean fines up to $10,000. The letter explained
                      homa City. As the State program developed, IDOT               the fine system and appeal process.
                      set up its own 3-week basic training program, sup-
                      plemented by regularly scheduled refresher courses.             During the first 3 years of inspection, the num-
                      Both the basictraining and refresher courses focus            ber of violations found by inspectors remained at
                      on the regulations, procedures for conducting in-             approximately 2,400 annually, but the mix of vio-
                      spections, and methods of preparing a case for prose-         lations changed. Minor violations, such as mistakes
                      cution. During training, case studies are presented           in paperwork or a torn placard, decreased, while ma-
                      to demonstrate successful and unsuccessffil tech-             jor violations rose. IDOT attributes the decline in
                      niques. Training also emphasizes use of standard              minor violations to the educational program for in-
                      equipment issued by on-the-road inspectors for de-            dustry conducted by the State. IDOT concludes that

                   26

                   the rise in major violations found by inspectors was        tigations. Washington State officials suspect that
                   due to the in-service training the inspectors received      many hazardous materials spills are never reported,
                   and to the experience they gained on the job."              particularly those in which quantities are below
                     In a 1983 study, IDOT performed a Critical Safety         placarding requirements. They suggest that obtain-
                   Analysis of truck survey data to quantify the effects       ing an accurate picture of hazardous materials inci-
                   of its accident prevention program. It found that           dents requires careful analysis and followup of ac-
                   the chief problem was private, intrastate hazardous         cident data from field reports.
                   materials carriers. The analysis showed that, while            The second database, the Carrier Profile System,
                   private carriers accounted for one-third of the mile-       is a computerized record of all violations, assembled
                   age traveled by all common carriers, they were in-          by carrier. The system records the violation by date,
                   volved in three-quarters of the hazardous materi-           time, and location and describes the action taken
                   als accidents recorded throughout the State.14              by State enforcement agencies. The database in-
                                                                               cludes both hazardous materials violations and other
                                                                               forms of motor carrier safety violations.
                                      Washington                                  The Critical Safety Management Breakdown
                     Washington's enforcement program exemplifies a            Analysis integrates the two databases and identi-
                   State program that has been improved by a man-              fies and keeps records on hazardous materials car-
                   agement information system. Officials of the Wash-          riers that have frequent accidents or violations. State
                   ington Utilities and Transportation Commission re-          officials report that the system provides the quan-
                   port that the most useful component of this system          tifiable data necessary to evaluate the effectiveness
                   is the Critical Safety Management Breakdown Anal-           of the hazardous materials enforcement and preven-
                   ysis. It utilizes two existing databases, the Computer-     tion programs.
                   ized Accident System and the Carrier Profile Sys-
                   tem, to track carriers frequently involved in                                     Maryland
                   accidents or found to be in violation of regulations.          Maryland's hazardous materials enforcement pro-
                     The Computerized Accident System includes all             gram began in the early 1970s with a survey of the
                   truck accident reports filed by enforcement agen-           transportation of radioactive materials. The State
                   cies in the State. Hazardous materials involvement          expanded the program to cover all classes of haz-
                   is noted on the field report, which is analyzed be-         ardous materials in 198 1. Inspections are conducted
                   fore it is entered into the computerized information        by specially trained State Police officers posted at
                   system. Analysts make followup calls to carriers            points throughout the State, including several on
                   when the validity of the field report seems question-       Interstate routes. Inspections are performed daily on
                   able. The followup checks have helped provide an            a random basis.
                   accurate count of accidents involving hazardous ma-            Maryland has developed a well-trained inspection
                   terials. Based on their experience with the Com-            force. The State has fully utilized TSI's outreach
                   puterized Accident System since 1975, State officials       activities, sponsoring three courses with about 50
                   conclude that investigating officers do not always          students enrolled in each. The first group of officers
                   have sufficient training to evaluate accurately a sit-      to be trained was drawn from select units of the State
                   uation that may involve hazardous materials. While          Police Truck Enforcement Division that patrols ma-
                   investigators generally recognize blatant violations,       jor interstate highways. After the officers had com-
                   they frequently miss less obvious incidents or make         pleted the course conducted by TSI on-site in Mary-
                   mistaken identifications. Between January and June          land and were ready for field work, they received
                   1983, statistical analysis identified 38 accidents in-      2 months of on-the-job training under the supervi-
                   volving hazardous materials, of which only 14 were          sion of Federal hazardous materials inspectors from
                   recognized as such by the investigating officers. The       BMCS and OHMT. During this time, roadside in-
                   remainder were identified through followup inves-           spections were performed, but only warnings, not
                     211bid., p. 126.                                          citations, were issued. State officials used this grace
                     141bid., p. 204.                                          period to contact the Maryland Motor Truck Asso-

                                                                                                                                                 27

                        ciation and major independent truckers to inform                forcement program has been effective. During the
                        them of Maryland's hazardous materials regulations              second quarter of 1984, the State Police made 1, 106
                        and enforcement program and to solicit voluntary                roadside inspections and issued 88 citations and 263
                        compliance. Maryland officials feel the grace period            warnings. Officials note that the incidence of de-
                        enabled novice inspectors to gain experience and                tected violations, about one for every three vehi-
                        allowed hazardous materials carriers time to adjust             cles inspected, has remained essentially constant
                        to the new regulatory requirements.                             since enforcement began in 1982. They attribute the
                          As a matter of policy, Maryland regularly informs             lack of decline, despite vigorous enforcement, to sev-
                        the trucking industry about regulations and enforce-            eral factors. First, the inspection officers are increas-
                        ment practices. The State Police have developed a               ingly skilled and sophisticated in their ability to
                        training program for commercial carriers, and of-               detect violations. Second, fines assessed by the
                        ficers hold frequent meetings with industry groups.             Maryland courts are low, and enforcement officials
                        Whenever an inspector cites a truck for a violation,            believe they have a minimal preventive value. Third,
                        the State Police department sends a copy of the traf-           much of the hazardous materials traffic on Mary-
                        fic safety report to the Maryland Truck Association             land highways is passing through and thus not eas-
                        for forwarding to the truck company. In this way,               ily influenced by State enforcement activities.25
                        the company is notified of the violation in time to
                        take whatever corrective action may be needed on
                        other trucks in their fleet.
                                                                                          "Maryland Department of Mental Health and Hygiene, SHMED
                          Even though the number of violations has not de-              Quarterly Report, April-June 1984, unpublished report filed with U.S.
                        clined appreciably, Maryland officials believe the en-          Department of Transportation, 1984.

                                  STATE AND LOCAL ACCIDENT PREVENTION ACTIVITIES

                          While State agencies undertake most enforcement               laws and ordinances. While these factors tend to
                        and inspection tasks for hazardous materials, local             narrow the available range of State and local ac-
                        government agencies are concerned primarily with                tions, they do not preclude the enactment of a va-
                        emergency response and public safety in the event               riety of requirements. The following discussion
                        of transportation accidents and spills. Both State              presents an overview of Federal preemption powers
                        and local governments have authority over accident              for hazardous materials transportation and the types
                        prevention measures and protection of public safety,            of requirements that have been instituted by State
                        including: restriction of the routes that hazardous             and local jurisdictions.
                        materials shippers may use or hours when shipments
                        are permitted; requirements for licensing, registra-                                 Preemption
                        tion, or permits; advance notification or other spe-
                        cial procedures; and escorts for hazardous materials              Section 112 (a) of the Hazardous Materials Trans-
                        movements. Because compliance with these require-               portation Act (HMTA) states that, "any require-
                        ments involves expenditures of time and money by                ment of a state or political subdivision thereof, which
                        industry, considerable controversy often arises when            is inconsistent with any requirement set forth in this
                        such requirements are imposed.                                  title, or in a regulation issued under this title, is pre-
                                                                                        empted. 1126 DOT has established procedures allow-
                          Two factors limit the nature and extent of State              ing States, localities, affected parties, and DOT it-
                        and local government involvement in hazardous ma-               self to seek administrative rulings as to whether a
                        terials accident prevention. First is a general lack            State or local requirement is inconsistent.27 DOT's
                        of the expertise and resources, especially among lo-            administrative process is meant to serve as an alter-
                        cal agencies, necessary to carry out effective inspec-
                        tion and erdorcement. Second, the Federal Govern-                 1149 U.S.C. 1811 (a).
                        ment is authorized to preempt certain State and local             1149 CFR 107-203 to 107.211.

                       28

                       native to litigation; however, the process is only                               In other States, an ordinary driver'             s license is all
                       advisory in nature and does not preclude judicial                             that is required for drivers of any truck. In addi-
                       interpretations of a State or local requirement. In-                          tion, local jurisdictions may require hazardous ma-
                       dependent of DOT procedures, a Federal court may                              terials carriers operating within their boundaries to
                       be asked to decide whether a State or local require-                          purchase separate permits or registrations. Some
                       ment is inconsistent and therefore preempted un-                              communities use this income to finance emergency
                       der the HMTA or invalid under the Commerce                                    response activities; others treat it as general revenue.
                       Clause of the U.S. Constitution.                                                 These State and local requirements typically apply
                         HMTA also allows DOT to waive preemption of                                 to trucks. Many trucking company officials believe
                       inconsistent State or local requirements where they                           that continued adoption of special requirements by
                       afford equal or greater levels of protection to the                           different States impedes interstate commerce and
                       public than do the Federal requirements and do not                            have taken legal action. For example, a 1983 New
                       unreasonably burden commerce.                  18 Procedures re-              Hampshire law imposing license fee requirements
                       garding the submission and review of waiver appli-                            on vehicles transporting hazardous materials was
                       cations have also been promulgated                  .29                       challenged in court by State and national represent-
                         Sixteen inconsistency rulings have been issued by                           atives of the trucking industry. Although the dis-
                                                                                                     trict court found that the law violated the Com-
                       DOT." Generally, the types of requirements found                              merce Clause and was preempted by the Hazardous
                       to be inconsistent are those pertaining to areas al-                          Materials Transportation Act, the law was upheld
                       ready subject to Federal regulation, such as defini@                          when the decision was reversed on appeal.31 Prolifer-
                       tions of hazardous materials, vehicle placarding,                             ation of State requirements can pose hardships for
                       packaging or container requirements, insurance re-                            interstate carriers. One transporter noted that, in
                       quirements, and shipping papers. Consistent re-                               order to ensure that his driver was completely pre-
                       quirements are those falling within the scope of lo-                          pared to transport a load of hazardous waste from
                       cal traffic regulations, such as separation distances                         Georgia to Wisconsin, he had to telephone every
                       between vehicles, use of headlights, vehicle inspec-                          State along the route, sometimes calling as many
                       tions at loading/unloading areas, and requirements                            as four or five agencies within a State, before he was
                       for immediate notification of accidents.                                      fully apprised of all the requirements                .31
                         Licensing, Registration, and Permits                                           DOT has issued a number of inconsistency rul-
                                                                                                     ings regarding State and local permit requirements.
                         Licensing, registration, and permit requirements                            Even though there are no explicit Federal permit
                       vary widely at the State and local level, causing                             or registration requirements, DOT found the re-
                       difficulties for enforcement officers and industry. For                       quirements to be inconsistent with HMTA as they
                       example, 26 States require that transport companies                           caused delays, resulted in diversions of shipments,
                       carrying hazardous wastes register with the State and                         or required transporters to provide information that
                       pay a fee. Fees imposed range from $25 up to $500                             differed from Federal shipping paper requirements                    .31
                       and may be good for only one trip or for as long                              With respect to fees, DOT decided in one case that
                       as a year. Four States require special training or cer-                       a Vermont requirement that imposed a $ 1,000 fee
                       tification for drivers of hazardous waste vehicles. (See                      per shipment of certain radioactive materials was
                       table 2-3 for a summary of varying State requirements.)                       inconsistent because it was applied in a discrimina-
                                                                                                     tory manner (e.g., only to certain radioactive materi-
                         18Section 112(b) of the Hazardous Materials Transportation Act              als), diverted shipments into other jurisdictions, and
                       (HMTA), 49 USC 1811(b). The Senate Committee Report (No. 93-
                       1192, 93d Cong., 2d sess., Sept. 30, 1974) that accompanied the Sen-
                       ate HMTA bill indicated that this provision should be used in certain
                       exceptional circumstances necessitating immediate action at the State            "New Hampshire Motor Transport Association, et al. v. Flynn, et
                       or local level.                                                               al., Opinion of the U.S. Court of Appeals for the First Circuit, Dec.
                         1949 CFR 107.215 to 107-225.                                                26, 1984.
                         IOSee 43 F.R. 16954; 44 F.R. 75565; 45 F.R. 71881; 46 F.R. 18917;              "Reported at the May 1985 OTA workshop.
                       47 F.R. 18457; 47 F.R. 1231; 47 F.R. 51991; 48 F.R. 760; 49 F.R. 46632;          33Seel for example, Inconsistency Rulings 8, 10, 11, 12, 13, 14, and
                       and 50 F.R. 20871.                                                            15, 49 F.R. 46637,46667, Nov. 27, 1984.

                                      Table 2-3.-States With Proposed or Existing Hazardous Wastes Transportation Fee or Registration Requirements, 1985

                                                                                                                                         Requirements
                                                                                                                                                                                          Driver training/        Industry spill
                                                                    Company                   Company                Years            Vehicle           Vehicle           Vehicle           certification/       equipment and
                                      State                        registration                   fee               covered         registration          fee            inspection         registration         bonds required
                        Alabama       ..................                Yes                       None               3 yrs
                        Arizona       ...................               No
                        Arkansas      .................                 Yes                                          5 yrs
                        (Department of Pollution)  ......                                         $100
                        (Arkansas Transportation
                           Commission)   ..............                                           $50
                        California    .................                 Yes                       $50                                                                   First 10 at           24 hrsa
                                                                                                                                                                        $50 each/           certified by
                                                                                                                                                                       exem pt ...              State
                        Colorado      ..................                N o
                        Connecticut   ...............                   Yes                       $350                              Each vehicle                       Inspect and          Certification               Yes
                                                                                                                                                                          certify             required
                        Delaware      .................                 Yes                       No                                Authorizing
                                                                                                                                        letter

                        Florida       ...................               No
                        Georgia       ...................                                $25 trip permitab
                        Idaho         .....................             Yes                $25 trip permit
                        Illinois      ....................              Yes                       No                                Trailers only
                        Indiana       ...................               Yesc                      $100d                              $10 each
                        Iowa          .....................             No
                        Kansas        ...................               Yes                 $250 annually
                        Kentucky      .................                 Yes                $250e annually
                        Louisiana     .................          Yes, company                     No
                                                               must be registered
                                                               with Federal EPA
                        Maine         ....................              Yes                       $100                                  Yes               $50                                   Yes
                                                                                                                                                          each                                  $50
                        Maryland      ..................                Yes                       No                                    Yes            $50 each                                 Yes                   $50,000
                                                                                                                                                                                                $20                surety bond
                        Massachusetts      ............                 Yesf                      $100                                  Yes           $200 each                                                       $10,000
                                                                                                                                                                                                                   surety bond
                        Michigan      .................                 Yesg                      $500                                  Yes           $200 each
                        Minnesota     ................                  Yes                       No
                        Mississippi   ................                  No
                        Missouri      ..................                Yes                                                                             $20 per
                                                                                                                                                        vehicle

                         Table 2-3.-States With Proposed or Existing Hazardous Wastes Transportation Fee or Registration Requirements, 1985 (Continued)

                                                                                                                                   Requirements
                                                                                                                                                                                  Driver training/        Industry spill
                                                                Company                  Company               Years             Vehicle           Vehicle        Vehicle          certification/       equipment and
                                        State                  registration                   fee             covered         registration           fee         Inspection         registration        bonds required

                      Montana           ..................           No
                      Nebraska          ................             No
                      Nevada            ...................          No
                      New Hampshire       ...........                                                                              Yesh              $50
                      New Jersey        ...............                                                                            Yes               $501
                      New Mexico        ...............              No
                      New York          .................                                   $51000j
                      North Carolina    .............                No
                      North Dakota      ..............               Yes                      No
                      Ohio   .....................                   Yes                      $25                                                 $3 each
                      Oklahoma          .................            Yes                      No
                      Oregon            ...................          Yes                      No
                      Pennsylvania      ..............               Yes                $200 annually                                                                                                      Yes $60,000
                                                                                                                                                                                                         collateral bond
                                                                                                                                                                                                        or letter of credit
                      Rhode Island      ..............               Yes                      No                                   Yes               $25             Yes
                      South Carolina    .......   __                 Yes                      No
                      South Dakota      ..............               No
                      Tennessee         ................             Yes                $285 annually
                      Texas   ....................                   Yes                      $25
                      Utah   .....................                   No
                      Vermont           ..................           Yes                      No                                   Yes/              $10
                                                                                                                               tractor and           each
                                                                                                                                   trailer
                      Virginia          ...................          Yes                      No                10 yrs
                      Washington        ...............              No
                      West Virginia     ..............               No
                      Wisconsin         ................             Yesk                     No
                      Wyoming           .................            No
                      District of Columbia    ........               No
                      aFor PCBs only.
                      bState requires notification before entering or leaving State.
                      cFor liquid industrial waste only.
                      dincludes registration of one vehicle.
                      eHazardous materials,
                      fFile monthly report on hazardous waste movement.
                      gThe words "Hazardous Waste Hauling Vehicle," company name, city and State, and seal indicating month and year of license expiration shall be on waste-hauling vehicle.
                      hAnnual report required.
                      i$50 for first 20 vehicles, $5 each there after.
                      J$5,000 to purchase exempt letter.
                      kRequires names and EPA number of disposal sites.
                      SOURCE: American Trucking Association survey provided by Charles Mayer, Tri-State Motor Transit Co.

                                                                                                                                               31

                        the response team funded by the fee requirement                inventory purposes, to arrange escorts, for emer-
                        replicated Federal emergency response programs.34              gency response planning, and in support of enforce-
                          The trucking industry has made Congress aware                ment activities. Figure 2-3 indicates which States
                        of its concerns, and BMCS has begun, at congres-               have enacted notification laws and the types of haz-
                        sional request, a 5-year program that will lead to             ardous materials covered.
                        greater uniformity in some areas. BMCS is survey-                Knowing which hazardous materials are present
                        ing State motor carrier laws to determine those that           or pass through a community is important to many
                        are more or less stringent than Federal requirements           State and local agencies. However, the use of notifi-
                        in the areas of driver qualifications and training,            cation provisions may not be the most efficient or
                        hours of service, and equipment maintenance.                   effective method of data collection available (chap-
                        When completed, the survey will be reviewed by a               ter 4 discusses data collection in more detail). Re-
                        panel convened by the Secretary of Transportation,             cent studies conducted for DOT indicate that notifi-
                        and if warranted, DOT will consider rulemaking to              cation requirements targeted at a limited number
                        preempt State laws that do not ensure greater safety           of extremely hazardous substances (e.g., high-level
                        than their Federal counterparts.                               nuclear waste) have provided useful information.
                          However, many State and local enforcement of-                However, most local governments do not have the
                        ficers as well as industry representatives feel strongly       resources or the expertise to implement and enforce
                        that national, uniform standards'should be estab-              requirements that encompass a broader range of
                        lished in areas related to hazardous materials as well.        hazardous materials." In addition, transporters are
                        Carrier associations and insurance industry repre-             concerned that a multiplicity of State and local
                        sentatives have voiced strong support for a national           notification regulations would create scheduling dif-
                        hazardous materials driver's license requiring spe-            ficulties and substantial increases in paperwork.
                        cial training.                                                   At the Federal level, the U.S. Coast Guard and
                          In addition, this Federal review will leave un               NRC have established notification requirements.
                        touched problems of varying State and local spe-               The Coast Guard requires all vessels carrying cer-
                        cial permits and registration fees. The transport in-          tain dangerous cargo to notify appropriate port au-
                                                                                       thorities up to 24 hours in advance before entering
                        .dustry views these requirements primarily as State            or leaving U.S. ports and waterways.16 Dangerous
                        and local funding devices for enforcement or emer-             cargo includes Class A explosives, oxidizing mate-
                        gency response activities. Carriers find them annoy-           rials or blasting agents, large quantities of radioactive
                        ingly inconsistent and financially burdensome.                 material or certain fissile radioactive material, and
                        Preemption by the Federal Government may not                   bulk shipments of other specified materials.17 The
                        be the only appropriate way to achieve uniformity              NRC regulation requires licensees to notify States
                        of requirements-a goal that many see as the most               in advance regarding shipments of certain radio-
                        important need in hazardous materials regulation.              active materials.31 Recognizing the difficulties faced
                        National guidelines for permits and registrations              by carriers confronted with varying State notifica-
                        could provide uniformity, and consensus building               tion rules, DOT has taken the position that this is
                        would ensure at least some measure of agreement                an area warranting uniform national requirements.
                        between concerned public and private sector groups.            DOT has not issued Federal guidelines. It has, how-
                                                                                       ever, preempted a number of non-Federal require-
                                            Notification                               ments, either because they differed from the NRC
                          Notification requirements are used by State and
                        local governments, and by transportation facilities              "See- Battelle Memorial Research Laboratories, Battelle Human Af-
                        (e.g., bridge and tunnel authorities) to obtain in-            fairs Research Center, Assessment ofState and Local Notification Re-
                                                                                       quirements for Transportation ofRadioactive and Other Hazardous
                        formation on shipments of hazardous materials into             Materials (Columbus, OH: Jan. 11, 1985).
                        or through their jurisdictions. The data are used for            1633 CFR 160.211 and 160.213. Additional requirements for vessels
                                                                                       on voyages of 24 hours or more and vessels bound for the Great Lakes
                                                                                       are specified in 33 CFR 160.20 and 160.209.
                          34Department of Transportation Inconsistency Ruling 15, 49 F.R. 3733 CFR 160.203 and 46 CFR 153 (table).
                        46660, Nov. 27, 1984.                                            1810 CFR 71.97.

                    32

                         Figure 2-3.-States With Hazardous Materials Notification Requirements by Type of Material, 1985

                     F7_1_1 Spent fuel                   F"@ Hazardous wastes
                                                         L N I                                        All of the above
                               Other radioactive materials a=     Hazardous materials
                    SOURCE: Office of Technology Assessment.

                    regulation or had the potential to cause transpor-                  tion measure that local police can enforce without
                    tation delays or traffic diversions.19                              additional equipment or training. On the other
                                                                                        hand, routing requirements may lengthen and com-
                                              Routing                                   plicate trips for truckers, and sometimes bring lo-
                                                                                        cal governments into conflict with each other or
                      Routing is an important tool for local governments                with Federal regulations protecting interstate
                    to use in preventing or reducing the consequences                   commerce.
                    of hazardous materials accidents, and increasing                      The only Federal requirement pertaining to rout-
                    numbers of cities, counties, and townships are adopt-
                    ing ordinances requiring hazardous materials car-                   ing of nonradioactive hazardous materials is gen-
                    riers to use designated routes. Careful routing deci-               eral:40
                    sions mean that hazardous materials shipments are                         Unless there is no practicable alternative, a mo-
                    restricted to the safest routes, often interstate high-                tor vehicle which contains hazardous materials
                    ways and beltways, thus reducing the overall risk                      must be operated over routes which do not go
                    of an accident as well as risks on local streets and                   through or near heavily populated areas, places
                    highways. In addition, routing is a low-cost preven-                   where crowds are assembled, tunnels, narrow
                      "See for example IR-16, 50 F.R. 20871, May 20, 1985. DOT has         streets, or alleys.
                    adopted the NRC notification requirements.                            4049 CFR 397.9(a).

                                                                                                                                                                               33

                                This provision is contained in the Federal Motor                             The trucking industry has also opposed some lo-
                             Carrier Safety Regulations. DOT has published                                 cal routing ordinances, claiming that they interfere
                             guidelines to assist communities in designating routes                        with interstate commerce and are inconsistent with
                             for transporting hazardous materials.41 The guide-                            HMTA. Boston's regulations restricting the use of
                             lines include procedures for analyzing risks associ-                          city streets for hazardous materials transportation
                             ated with the transportation of hazardous materi-                             were challenged by the American Trucking Asso-
                             als on alternative routes within a jurisdiction, and                          ciations, both in Federal court and through DOT's
                             emphasize the importance of involving a broad spec-                           inconsistency ruling process." After a lengthy ad-
                             trum of community and industry members in the                                 ministrative review process, DOT decided that it
                             decisionmaking process. (A 1983 demonstration pro-                            could not reach a conclusion, because even though
                             gram in Portland, Oregon, described on pp. 34-35,                             the routing restrictions enhanced public safety, con-
                             successfully tested the guidelines.)                                          sultation with affected jurisdictions had been limited
                                A number of localities, including Columbus, Den-                           as the requirements were developed.14 A final deci-
                             ver, and Boston, have established routing restric-                            sion by the court had not been reached by late
                             tions based on the Federal Motor Carrier Safety pro-                          1985.41
                             vision.41 The types of regulations enacted by these                             Highway routing of radioactive materials is ad-
                             jurisdictions include restricting the use of certain                          dressed specifically in a 1981 DOT rulemaking,
                             roads, prohibiting transportation and delivery dur-                           docket HM-164.46 The DOT regulations were estab-
                             ing rush hours, and specifying operating require-                             lished in response to severe restrictions that had
                             ments. However, reaching a regional consensus is                              been placed on the transportation of radioactive ma-
                             frequently difficult, even when a broad spectrum of                           terials by local jurisdictions, most notably New York
                             the community is consulted. Often, for example, af-                           City, making some through shipments impossible.
                             ter a community routing risk assessment has been                              HM-164 requires carriers to follow "preferred routes"
                             completed, hazardous materials carriers are diverted                          (routes designated by States or Interstate highways
                             from central city routes onto surrounding road-                               where State alternates have not been named), pre-
                             ways-usually Interstate highways-that traverse less                           pare and file route plans, provide specialized train-
                             populated areas. However, since many suburban                                 ing related to radioactive materials and emergency
                             communities do not have the specialized hazardous                             response, and comply with appropriate NRC secu-
                             materials response teams of their urban neighbors,                            rity requirements. DOT has also developed guide-
                             they feel particularly vulnerable to increased haz-                           lines for route selection for shipments of radioactive
                             ardous materials traffic and resist agreeing to such                          materials.41
                             routing requirements. In 1985, in the Cincinnati re-
                             gion, suburban townships opposed the city's at-                                 43See 46 F.R. 18918, Mar. 26, 1981.
                             tempts to divert through shipments from city roads                            t 44F.R. 18457, Apr. 29, 1982. DOT also cited some concern about
                                                                                                           he validity of the data used for Boston's risk determination but con-
                             onto outlying highways.                                                       cluded that further refinement of the data would not have had a sub-
                                                                                                           stantial effect on the outcome.
                                                                                                             1112 Environmental Law Reporter 20,789 (D. Mass. 1981).
                               41E.J. Barber and L.K. Hildebrand, et al., Guidelines for Applying            1646 F.R. 5298, Jan. 19, 1981,
                             Criteria to Designate Routes for Transporting Hazardous Materials-              "U.S. Department of Transportation, Research and Special Programs
                             Implementation Package, FHWA4-80-20 (Washington, DC: U.S. De@                 Administration, Materials Transportation Bureau, Guidelines for Se.
                             partment of Transportation, 1980).                                            lecting Preferred Highway Routes for HighwayRoute ControlledQuan-
                               12See for example, Columbus Codes, 1959, chapter 255 1; article IV          tity Shipments of Radioactive Materials, DOT/RSPA/MTB-84/22
                             ofchapter 22 oftheDenver Municipal Code; and 46 F.R. 18921, Mar.              (Washington, DC: U.S. Government Printing Office, June 1984 (origi-
                             26, 1981, for a description of Boston's regulations.                          nally published in June 1981)).

                                                                                            FINDINGS

                                Continued support is needed for State multi.                               a significant influence in shaping State enforcement
                             modal hazardous materials enforcement activities.                             programs despite relatively low funding levels. Al-
                             The SHMED program, which ends in 1986, has had                                though MCSAP will continue to fund State enforce-

                    34

                                                              The Portland Demonstration Project
                    1    In 1983, DOT contracted with Portland, Oregon,                    Interstate highways. Flammable liquids were found to
                       to demonstrate and test the newly promulgated Fed-                  make up the majority of shipments, representing 55
                       eral policy on highway routing of hazardous materi-                 percent of all hazardous materials shipped. It was also
                       als shipments and, in particular, the FHWA guide-                   found that the types of hazardous materials shipped
                       lines. The demonstration, conducted by the Portland                 through the region were different from those shipped
                       Office of Emergency Management (POEM) in cooper-                    within the region, with through shipments including
                       ation with the six surrounding counties, was the first              a higher proportion of corrosives, explosives, poisons,         I
                       attempt by jurisdictions in the Portland region (and                and oxidizers. This information was important in
                       one of the first anywhere in the country) to carry out              evaluating the risks involved in shifting through ship-
                       a systematic analysis and comparison of alternative                 ments onto a newly opened freeway running through
                       routes for hazardous materials movements."                          the Portland suburbs. Because the survey provided in-
                         Two assumptions underlay the demonstration. The                   formation on facilities and commodity flow that was
                       first was that hazardous materials transportation is re-            not previously available in the Portland region, it also
                       gional in nature and that routing decisions must be                 proved to be valuable to fire departments and haz-
                       made with the safety of the entire region in mind. The              ardous materials response teams in developing emer-
                       second was that there would be at least one accept-                 gency response plans.
                       able route that would permit shipment of hazardous                    The third step involved identifying alternative
                       commodities in, conformance with Federal safety reg-                routes. For this purpose, hazardous materials ship.
                       ulations, Following procedures set forth in FHWA                    ments were classified into three kinds of trips: local
                       guidelines, the study was conducted in four steps.                  deliveries, shipments to industrial areas,
                                                                                                                                         and through
                         The first step was formation of a technical advisory              shipments. Since all major routes within the metro-
                       committee consisting of officials from local fire depart-           politan area were used for local deliveries (such as de-
                       ments and emergency service agencies in the city and                liveries to gas stations), the POEM staff and the advi-
                       six surrounding counties, representatives of trucking               sory committee concluded that routes for local trips
                                                                                           could not be restricted and eliminated them from fur@
                       associations and local industry, and Federal and State
                       officials. The committee also included individuals with             ther study. They also agreed that not all classes of haz-
                       special technical expertise, such as traffic engineers,             ardous materials warranted routing restriction, and
                       enforcement officers, and truck terminal dispatchers.               limited the list to certain high-risk commodities: ex-
                       The committee helped in drawing up the project work                 plosives, poisons, flammable solids, and hazardous ma-
                       plan, locating sources of information, and identify-                terials shipped in bulk tankers,
                       ing and analyzing routes.                                             In the fourth step, 10 sets of alternate routes were
                                                                                           compared to determine which were the safest. The
                         The second step focused on locating hazardous ma-                 routes were divided into segments, and eac
                       terials terminals and their access routes and identifying
                       the types of hazardous materials frequently trans-                  was evaluated according to the following          criteria:
                       ported. With the cooperation of the local fire depart-                0  accident rates and probabilities;
                       ments, the major terminals shipping or receiving haz-                 0  population exposure, in terms of the number of
                       ardous materials were surveyed to identify the types                     people living immediately adjacent to a route and
                       of hazardous materials handled and the access routes                     those living within one-quarter mile on either
                       most commonly used. Data were collected by means                         side;
                       of questionnaires followed up by phones calls, The                    0  population risk, expressed as the product of acci-
                       survey results indicated that most truckers and dis-                     dent probability and population exposure;
                       patchers took safety into account in selecting routes                 0  emergency response availability, measured in
                       and that, in many cases, their selections were consist-                  terms of response time, accessibility, and avail-
                       ent with later study findings as to the safest routes.                   ability of water or other extinguishing agents; and
                                                                                             0  roadway characteristics, such as lane and shoul-
                         Information on through shipments was gathered by
                       sampling shipping papers at three weigh stations on                      der widths, lane changes required to stay on
                            .. . ...                                                            route, and tunnels and railroad crossings to be
                                                                                                traversed.
                    i   48City of Portland, Oregon, Office of Emergency Management,
                       Haprdaw Materials,HighwayRouring Study (Washington, DC:               Although most of the criteria were quantifiable,
                       U.S. be@art,6nent of Transportation, 1984), p. L                    many decisions required the professional judgment of

                                                                                                                                                                      35

                               the staff and the advisory committee. Consensus on                     ings. The tunnel had been used frequently by trucks
                               the safest route was reached in all but one case, a                    carrying petroleum products from the principal dis-
                               reroute around a tunnel. The final decision in that,                tribution. center in the Portland area to the north-
                                                                                                       western parts of the State, and fire officials determined
                               case was made by the fire marshal of the emergency'
                               response jurisdiction, subject to acceptance by other                 that the tunnel posed an unacceptably high risk. To
                               fire departments'along the,alternate route. In general,                 compensate for any additional risks posed by the re-
                               the alternate route analysis indicated that interstate                 routing decisions, the City of Portland and three ad-
                               freeways were preferable because. they had,the, lowest              joining counties revised their mutual-aid agreements
                                                                                                   to assure that the affected counties would have ac-
                               accident rates and probabilities of all the routes con-
                               sidered,                                                             cess to the city's specialized fire fighting equipment.
                                 As a result of the demonstration, the Portland City                POEM officials notified local industries, shippers,and
                               Council, in cooperation with the State Highway De-

                               partment and Oregon Transportation Commission,

                                enacted ordinances banning hazardous materials ship-
                                                                                                      carriers about the restrictions and the recommended

                                ments from one tunnel and two grade level rail cross                    alternate routes. It is expected that most truckers will

                                                                                                     comply;  additional liability will accompany an acci-

                                               .                                                                  'dent off the recommended routes.

                             ment programs, States are concerned that priority                        activities. State, regional, and local agency con-
                             will be given to general motor carrier safety programs                   cerns as well as those of industry should be consid-
                             and that hazardous materials enforcement-espe-                           ered in formulating standards. The areas where uni-
                             cially for nonhighway modes-will be slighted.                            formity is most needed are:
                               Penalties for regulatory          violations, including                     Licensing to ensure that drivers and others
                             failure to report hazardous materials incidents,                              handling hazardous materials are qualified and
                             should be consistent across governmental and                                  have been properly trained. Some form of na-
                             jurisdictional levels and sufficiently large to dis.                          tional truck driver's license is favored by many
                             courage future infractions. An effective enforce-                             State, local, and industry officials.
                             ment program requires that legislatures, enforcement                          Permit or registration requirements to obtain
                             agencies, and courts be aware of the death, injury,                           information and collect fees in a coordinated
                             property damage, and environmental harm that                                  manner that does not unduly burden trans-
                             could result from accidental release of hazardous ma-                         porters.
                             terials and set penalties accordingly.                                        Shipment notification systems that provide
                               State and local enforcement personnel need                                  useful information for localities without unduly
                             additional training and current information on                                burdening carriers.
                             hazardous materials regulations for all modes of                           Development of local routing restrictions
                             transportation. Methods used by the Federal Gov-                         should be based on interjurisdictional consulta,
                             ernment to deliver this information to State and                         tion and the use of explicit safety criteria. Al-
                             local officials need to be improved and strengthened.                    though it is likely that the development of a rout-
                             Programs to educate shippers and carriers on safety                      ing scheme that enhances overall safety will be a
                             measures and regulatory compliance need strength-                        difficult process for some regions, the Portland ex-
                             ening as well.                                                           perience demonstrates that it is possible. In those
                               National standards establishing uniform State                          instances where hazardous materials shipments are
                             hazardous materials requirements and regulations                         routed around cities through suburban communi-
                             would simplify and improve compliance by ship,                           ties, it may be necessary to establish a regional emer-
                             pers and carriers, and State and local enforcement                       gency response system.

                                                   Chapter 3
                          Emleraency Response
                                         and Training

                         kp,

                                                                                                                                  Chapter 3
                                           Emergency Response and Training

                           State and local governments must be able to re-               tually responded to the accident; only some had pre-
                        spond effectively to hazardous materials transpor-               vious experience or training in handling a hazardous
                        tation emergencies as part of their obligation to pro-           materials transportation accident.
                        tect the health and safety of the public. Local police
                                                                                           One hour after the crash, 48 emergency response
                        officers are usually first at the scene of an accident           personnel, complaining of respiratory and skin prob-
                        and have primary responsibility for public safety.               lerns, were taken to the hospital, as was the tank
                        Their skill in handling the accident determines in
                        part the impact that accident will have on those in              truck driver who was still carrying the shipping man-
                                                                                         ifest and bill of lading.
                        the immediate vicinity and on the community at
                        large.                                                             Emergency responders who remembered the name
                           Two responses to hazardous materials transporta-              of the product consulted the U.S. Department of
                                                                                         Transportation (DOT) Hazardous Materials Erner-
                        tion accidents occurring 3 years apart illustrate the
                                                                                         gency Response Guidebook to identify the material.
                        range of problems associated with hazardous mate-                DVB is not listed by name in the guidebook, so they
                        rials emergency response activities and the improve-
                                                                                         followed the instructions for divinyl ether, the only
                        ments developed with time and experience in re-                  "divinyl" entry.' Although trained safety person-
                        sponse procedures.
                                                                                         nel from the tank truck company involved in the
                           On October 15, 1982, an accident in Odessa, Dela-             accident had arrived to clean up, they were not al-
                        ware, between a pickup truck and a tank truck re-                lowed to participate for almost 12 hours     .2  Problems
                        sulted in a rollover of the tank truck and the release           associated with this hazardous materials accident
                        of about 150 gallons of the product from the tank                included lack of coordination among responding
                        truck's dome cover. The tank truck contained di-                 organizations, inadequate information provided to
                        vinyl benzene (DVB), a moderately toxic material                 hospital personnel treating emergency responders,
                        when inhaled, and carried a "combustible" placard.               failure to establish and maintain control over the
                                                                                         accident site, and the participation of untrained in-
                           Arriving police officers reviewed the shipping                dividuals in response activities.
                        papers, moving freely about the accident site. Ap-
                        proximately 100 emergency response personnel even-                 In contrast, on August 12, 1985, a tank truck car-
                                                                                         rying hazardous waste from the Norfolk, Virginia,
                                                                                         Naval shipyard to New Jersey began to leak and
                                                                                         stopped on the Capital Beltway in Northern Vir-
                                                                                         ginia during the evening rush hour. The waste con-
                                                                                         sisted of hydrazine, thiourea, ethylene diamine,
                                                                                         ethylene diamine tetraacetic acid, ammonium hy-
                                                                                         droxide, and sulfate compounds, which had been
                                                                                         used to clean ships and submarines at the shipyard.
                                                                                           The Fairfax County, Virginia, Fire Department
                                                                                         Hazardous Materials Team was on the scene within
                                                                                         10 minutes of notification. Concerned that the con-
                                                              I4k                        tents of the truck would corrode the container and
                                                                                         cause it to burst, team members attempted unsuc-

                                                                                           1C.H. Batten, Investigator, National Transportation Safety Board
                                                                                         Accident investigation Report, Oct. 15, 1982; and National Transpor
                                Photo credit: Research and Special Programs Administration,  DOT tation Safety Board Safety Recommendations, 1-83-1 and 1-83-2, issued
                                                                                         Nov. 29, 1983.
                               Unprotected emergency response personnel                    2Gene Meehnan, Safety Director, Matlack Co., personal communi-
                                     in action-a dangerous situation.                    cation to OTA staff, May 28, 1985.

                                                                                                                                                 39

                  40

                  cessfully to stem the leak and then requested another         the coordinated efforts of 10 county agencies to suc-
                  vehicle to off-load the truck. Authorities, recogniz-         cessfully handle a potentially dangerous incident.
                  ing the danger posed by corrosive fumes, ordered              By comparison, the dangers inherent in the Odessa
                  the evacuation of residents in the area just south            DVB spill were increased by the varying levels of
                  of the accident scene. Railroad tracks near the site          training and coordination of the emergency response
                  were shut down, and traffic in the area was rerouted          personnel, and much greater risks were posed to par-
                  around the scene of the accident. No one was in-              ticipating emergency service personnel and neigh-
                  jured, although hundreds were inconvenienced for              boring communities.
                  several hours.                                                   Without appropriate organization, training, and
                    Cleanup of the contaminated site involved dig-              equipment for emergency response personnel, the
                  ging up and disposing of 18 inches of asphalt and             public is at greater risk than necessary as hazard-
                  soil and an estimated 21 tons of sand spread to re-           ous materials move around the country.
                  strict the flow of spilled material. Some of the clean-          This chapter explores emergency response from
                  up costs reportedly will be paid by the shipping com-         a State and local perspective. A literature review,
                  pany.' 4 Fairfax County costs for overtime pay for            findings of an OTA workshop with State and local
                  personnel from 10 county agencies and use of a                officials, supplementary interviews, and surveys re-
                  helicopter may reach $100,000.                                cently commissioned by the Federal Government
                    The contrast between the responses to the two               and professional associations provide the basis for
                  incidents is marked, and demonstrates the differ-             the  information. Four topics are addressed:
                  ence coordination, cooperation, and training can                 9 the institutional and legal framework for emer-
                  make in ensuring an appropriate response. The Fair-                gency response;
                  fax County hazardous materials incident involved                 0 training requirements and programs;
                                                                                   * planning for emergency response, including
                    3Mary Jordon and Martin Weil, "Chemical Spill Snarls Beltway,"   identification of problems and organization of
                  Washington Post, Aug. 13, 1985.
                    4Chemical & Engineering News, "Rash of Chemical Spills Occurs    resources; and
                  on Single Day," vol. 63, No. 33, Aug. 19, 1985, p. 6.            * equipment.

                                                   INSTITUTIONAL FRAMEWORK
                             Federal Responsibilities                           and local governments cannot handle a severe ac-
                    Federal assistance for State and local emergency            cident or request Federal intervention, EPA and the
                  response activities for hazardous materials accidents         Coast Guard will assume control and direct Fed-
                  is provided by many different Federal agencies.               eral emergency response activities. The Coast Guard
                                                                                operates the National Response Center for DOT
                    The Federal Emergency Management Agency                     as the point of contact for transportation accidents
                  (FEMA) is the lead agency for the development and             involving hazardous materials. In addition, the
                  coordination of Federal emergency response plans              Coast Guard operates and maintains strike forces
                  to support State and local emergency response activ-          on the Atlantic, Pacific, and Gulf coasts for emer-
                  ities and to provide appropriate training. In this role,      gency response activities.
                  FEMA provides planning support and guidance                      In the case of radiolo ical accidents, Federal re-
                  prior to hazardous materials accidents and coordi-                                      9
                  nates Federal response after the fact.                        sponsibility is shared by FEMA, the Nuclear Regu-
                                                                                latory Commission, and the U.S. Department of
                    The U.S. Environmental Protection Agency (EPA)              Energy. NRC and DOE maintain authority for plan-
                  and the U.S. Coast Guard share responsibility for             ning and program development for emergency re-
                  providing technical information and advice to first           sponse, notification, technical assistance and advice,
                  responders and State and local governments. If State          and involvement in response activities for radiolog-

                                                                                                                                         41

                       ical spills. In addition, DOE maintains 30 regional          State departments of health, transportation, envi-
                       emergency response teams for radiological incidents.         ronment, radiological affairs, or civil defense-or
                         All of these Federal agencies conduct emergency            more likely a combination of some or all of these.
                       response training, although the subject matter may           A State-by-State listing of the agencies responsible
                       differ. FEMA provides training in emergency re-              for hazardous materials regulation, enforcement, and
                       sponse procedures at regional centers and at the na-         emergency response is provided in appendix A.
                       tional center, the National Fire Academy in Emmits-            just as the statutory authority for emergency re-
                       burg, Maryland. Training covers basic and advanced           sponse varies from State to State, so does the inter-
                       hazardous materials management classes.                      est emergency response generates within the State
                         EPA training is offered at two regional sites, Edi-        government. States that are highly industrialized,
                       son, New Jersey, and Cincinnati, Ohio, as well as            heavily traveled, confronted with exceptional haz-
                       nationally. Training covers response operations,             ards (such as a large number of waste disposal or
                       equipment, and response decisionmaking. The U.S.             nuclear facilities, or a heavy concentration of chem-
                       Coast Guard offers training in basic hazardous ma-           ical industries), or have experienced a serious haz-
                       terials emergency response to its employees and              ardous materials incident are more likely to support
                       State, local, and industry participants at Yorktown,         and encourage the development of emergency re-
                       Virginia.                                                    sponse planning and training and attempt statewide
                                                                                    coordination. Believing that State assistance may
                         NRC training, offered at the Technical Training            be the best or even the only way of protecting ru-
                       Center in Chattanooga, Tennessee, focuses on in-             ral areas in hazardous materials accidents, some
                       spection and enforcement rather than on emergency            States, including North Dakota, Delaware, Indiana,
                       response. Training previously conducted by DOE               and Oregon, are developing statewide emergency
                       for Federal contractors and employees has been ex-           response plans.
                       panded to allow commercial carriers; enforcement               Tennessee has undertaken a unique program to
                       agencies; and State, county, and local police and            improve its statewide emergency response capabil-
                       fire officers to participate. Courses cover basic emer-      ity. The Tennessee Emergency Management Agency
                       gency response and compliance with transportation
                       regulations.                                                 (TEMA), in an effort to assure rural areas of ade-
                                                                                    quate hazardous mater-Eals emergency response,
                         Federal emergency response activities are intended         divided the State into six districts, each with a dis-
                       as supplements to, not as substitutes for, State and         trict coordinator and equipped with a special re-
                       local emergency response to hazardous materials              sponse van. The district coordinators are trained
                       transportation accidents. Federal agencies generally         by the TEMA training institute and must be recer-
                       offer technical advice and information, rather than          tified for hazardous materials response every 2 years.
                       physical assistance. However, active Federal partici-        Their multiple responsibilities include training re-
                       pation is likely if radioactive hazardous materials,         sponders in their districts. As a result, Tennessee
                       particularly spent fuel, is involved in a transporta-        has more than 2,000 State-certified hazardous ma-
                       tion incident.                                               terials responders.* In addition, the district coordi-
                         Table 3-1 identifies the different Federal agencies        nators are covered by State liability laws and thus
                       that regulate hazardous materials transportation and         can provide assistance in other districts without fear
                       their jurisdictional authority. This diversified Fed-        of lawsuits.
                       eral authority is a major reason that developing ef-           Communities of all sizes are becoming more aware
                       fective, coordinated Federal emergency response ca-          of the dangers associated with hazardous commodity
                       pabilities has proven difficult.                             transportation and are looking for ways to lower
                                                                                    their risks. The same factors that influence State
                                State and Local Authority                           emergency response development also operate at the
                         State authority for hazardous materials transpor-          local level, with communities that have experienced
                                                                                      -George Kramer, Hazardous Materials Instructor, Tennessee Emer-
                       tation and emergency response is equally fragmented          gency Management Administration, personal communication to OTA
                       and may rest with a State Fire Marshal's office OT           staff,' Nov. 26, 1985.

                          42

                                                              Table 3-1. -Jurisdictional Analysis of Agency                            Responsibility

                                                                                                                                                                                       7a
                                                                                                                                                                                       0     E
                                                                                                                                                                  0                    0     0)
                                                                                                                                21
                                                                                                                                                     E
                                                                                                                                                                  0a
                                                                                                                                                                                   E
                                                                                          co                                                                      C                    .2
                                                                                                                                                     Q)     2
                                                                                                                                       M             C                                       o
                                                                                                                                                     0                             0         CL
                                                                                                                                C      OL    ca      ZZ                   C            E
                                                                                                                                0            CL      W      C
                                                                                                                                                                  C       .0
                                                                                                                                                            0     0
                                                                                                       cz                                    0)                           -c@      u)  CL    C
                                                                                                 2           Im                                      0
                                                                                          co                                           M     '              '6    t;      0                  W
                                                                                                                                             CL      (0     a)    a)      Z;__     0         "a
                                                                                                                          (D    _@c    Ile
                                                                                          E                                                  CL      C      C1    CL
                                                                                                 M     co                 -0    0                    W      W     (n      0            2
                                                                                                                          co    co     (0
                                                                                                 2     M:                 _J    a.     (L    CD                           Z        ('r 0     <

                          Federak
                          Federal Highway Administration (U.S.
                            Department of Transportation)               ............                                      X     X      X     X       X            0       0                  X
                          Federal Railroad Administration (U.S.
                            Department of Transportation)               ............                   X                  X     X      X     X       X            X       0        0   0     X
                          U.S. Coast Guard         .........................                           X                  X     X      X     X       X      X     X       X        X   X     X
                          Federal Aviation Administration (U.S.
                            Department of Transportation)               ............                   X                  X     X      X     X       X      X     X       X        0   0     X
                          Office of Pipeline Safety
                            (U.S. Department of Transportation)                .......                 X                        X                    X      X     X       X        0   0     X
                          National Transportation Safety Board (U.S.
                            Department of Transportation)               ............                                                                                      X                  X
                          Environmental Protection Agency                 ..........      X      X           X     X      X            X     X              X             X        X   X     X
                          Federal Emergency Management Agency                      ....                                                                                   X        0         X
                          Department of Health and Human Services . .                            X     X           X                                                      X
                          Nuclear Regulatory Commission                 ...........              X     X     X     X                                                      X.       0.  X.    X*
                          Bureau of Alcohol, Tobacco and Firearms
                            (U.S. Treasury)      ..........................                                  X     X                                                      X
                          Department of Defense, Explosives Safety
                            Board     .................................                          X     X     X     X                                                      X*       0*  X*
                          Department of the Army            ...................                                                                                                    0*
                          State:
                          Department of Emergency Services                  .........                                                                                     X        X   0
                          Labor and Industry          ...........       * * ' * *..... * *       0     0     0     0                                        0                      0*  0
                          Department of Social and Health Services . .                           0     0     0     0                                        0             X*       0*  0     X
                          Department of Agriculture              ................                      X*    X*    X*                                       0             X.
                          Department of Ecology           ....................                   X                                                                        0        0   X
                          Washington Utilities and Transportation
                            Commission          ...........................                                                            X     X       X            X                          X
                          Washington State Patrol             ..................                                                       X     X       X            X       X        X   0     X
                          Local.,
                          City fire   .................................                          0     X     X     X      0                                 X             X        X   0
                          City building department            ..................                 X                 X
                          City police      ..............................                                                                            X
                          County fire      ..............................                                    0     0                                        0             X        X   0
                          County police       ............................                                                                           X
                          City/county Department of Emergency
                            Services    ......... .....................                                                                                                   0        0
                          City/county health department                 .............                                                                                              X
                          *Denotes that scope of authority will depend on type of substance, location of spill, or identity of carrier or discharger.
                          X-Denotes major authority In the area of regulatory administration of enforcement.
                          O-Denotes limited authority in the area of regulatory administration of enforcement.
                          SOURCE: Hazardous Materials Demonstration Project Report-Puget Sound Region.

                                                                                                                                              43

                       serious hazardous materials accidents or have large            sponse teams; developing a coordinated response to
                       chemical plants more likely to be concerned about              hazardous materials transportation accidents; and
                       developing emergency response capabilities.                    providing equipment, including a special van. The
                         Communities with emergency response capabil-                 Spokane, Washington, Fire Department has a sim-
                       ities have set up various response systems. In rural           ilar arrangement with the rest of Spokane County
                       communities, hazardous materials emergency re-                 and Northern Idaho.
                       sponse usually is an additional duty assigned to the                         Industry Response
                       fire or police department. Large metropolitan areas
                       are more likely to train and equip specialized units.            Over the past decade, hazardous materials man-
                       Large cities and urban areas with major transpor-              ufacturers have evaluated their safety programs and
                       tation corridors or heavy concentrations of business           often taken steps to address their own and the pub-
                       and industry requiring hazardous materials may use             lic's concerns. Industry's involvement in hazardous
                       response teams supplemented with formal mutual                 materials emergency response ranges from technical
                       aid agreements with nearby jurisdictions. In fact,             assistance to specialized response teams. The best
                       the emergency response capabilities in a few sub-              known effort is the Chemical Transportation Emer-
                       urban communities may surpass the capabilities of              gency Center (CHEMTREC), established in 1970
                       State emergency response organizations, through the            by the Chemical Manufacturers Association (CMA).
                       organization of mutual aid networks, consolidation             CHEMTREC maintains an on-line database on the
                       of resources, and widespread community support.                chemical, physical, and toxicological properties and
                         However, local governments often find it difficult           health effects of the thousands of products of the
                       to justify the cost of specialized equipment, train-           member companies.
                       ing, and manpower for events that occur rarely. De-              Personnel at the scene of an accident call
                       veloping and maintaining a regional hazardous ma-              CHEMTREC with information on the accident and
                       terials response team is a cost-effective possibility for      the material involved. CHEMTREC staff provide
                       smaller jurisdictions.                                         chemical information for use in onsite decisionmak-
                         Coalitions of several communities or of industry             ing and notify the manufacturer of an accident in-
                       and local government may be able to provide spe-               volving their product.
                       cialized equipment and response capabilities even                CMA has also developed CHEMNET, a mutual
                       for areas with severe financial restraints. Industry           aid network of chemical shippers and for-hire con-
                       participation may lessen the cost to local commu-              tractors to advise and assist at chemical spills dur-
                       nities and provide a level of technical expertise in           ing transportation. CHEMNET is used to identify
                       hazardous materials handling, chemical knowledge,              members of CMA with particular chemical exper-
                       and personnel protective equipment often beyond                tise to assist in emergency response efforts.
                       local capabilities. Industry resources would be espe-
                       cially valuable in the event of an accident involv-              Many large petrochemical and chemical manu-
                       ing complex combinations of chemicals or unusual               facturers train and maintain company emergency
                       circumstances.                                                 response teams for both their fixed facilities and
                                                                                      transportation accidents. A team may respond it-
                         One example of a regional emergency response                 self to a report of an accident involving a company
                       team augmented by public and private sector co-                product or, under formal agreements, may request
                       operation is the Gateway Response Network, orga-               another participating company closer to the inci-
                       nized by area governments, public services, and busi-          dent to respond. Industry teams are instructed to
                       ness and industry in the greater St. Louis region.             defer to the local on-scene commander at an acci-
                       Under the auspices of the the East-West Gateway                dent so that the emergency response effort remains
                       Coordinating Council, a regional organization, the             coordinated.'
                       Network was formed specifically for response to haz-
                       ardous materials transportation accidents. Network
                       activities have included identifying the hazardous               5E.E. Eigenschenk, Mid-Continent Distribution Manager, Shell Oil
                                                                                      Co., personal communication with OTA staff, June 4,1985. The Amer-
                       materials stored and transported through the region;           ican Petroleum Institute recommends that a particular procedure, known
                       identifying existing local and industry emergency re-          as practice 111.2, be part of emergency response plans.

                   44

                     The Channel industries, the Pesticide Safety Team         sufficient, the manufacturer is notified and responds
                   Network, and Chlorep are other examples of emer-            accordingly. Approximately 90 percent of pesticide
                   gency response capabilities provided by industry.           manufacturers respond to accidents involving their
                   The Channel industries in Houston have extensive            product.6 If a manufacturer is unable to respond,
                   mutual aid agreements with each other. By pool-             the closest safety team will be dispatched to respond
                   ing resources, this concentration of chemical indus-        to the incident and handle cleanup. Cleanup costs
                   tries along the Texas Channel can assemble 500 fire-        are absorbed by the participating team.
                   men and other trained personnel, some 60 water                Chlorep, a response network of chlorine manu-
                   pumpers, 45 chemical retardant fire trucks, and 12          facturers and packagers, responds to emergencies in-
                   truck-mounted powerplants.                                  volving chlorine products. Founded in 1972 by the
                     The Pesticide Safety Team Network (PSTN) and              Chlorine Institute, Chlorep currently includes 37
                   Chlorep, specialized information and emergency re-          manufacturing and 31 packaging companies among
                   sponse units, were formed by manufacturers to re-           their response network members.
                   spond to accidents involving pesticides and chlo-             With its specialized resources, detailed knowledge
                   rine. PSTN, a voluntary effort established in 1970,         of hazardous materials, and extensive product infor-
                   consists of 50 to 60 response teams. When a pesti-          mation, industry can provide a logical adjunct to
                   cide accident occurs, someone at the site notifies          public safety capabilities for fixed facility and haz-
                   CHEMTREC, which in turn notifies one of 10 PSTN             ardous materials transportation emergency response.
                   regional coordinators. The coordinator then con-
                   tacts personnel at the accident site to determine             'Lawrence Norton, National Agricultural Chemical Association, per-
                   what response is needed. If telephone advice is not         sonal communication with OTA staff, Aug. 30, 1985.

                                                                    TRAINING

                     Widespread and improved emergency response                as offering some form of hazardous materials training
                   training at the State and local levels using uniform        or planning. Of these, 574 offer training in planning
                   standards is the major need identified in all DOT           and response; 297 provide training in enforcement
                   demonstration projects, in OTA's research, and by           and compliance.' However, public expenditures for
                   congressional concern.                                      training are directed primarily at compliance and
                     The effectiveness of current training programs is         enforcement activities rather than at emergency re-
                   uneven because:                                             sponse. (The OTA final report, Transportation of
                                                                               Hazardous Materials, will provide further details.)
                     �  a wide range of response personnel need train-           At the Federal level, a myriad of training programs
                        ing, and only some currently receive it;               related to different aspects of hazardous materials
                     �  numerous separate organizations offer differing        emergency response are conducted by FEMA, DOT,
                        courses; and                                           EPA, DOE, NRC, the Department of Defense (DOD),
                     �  the content and quality of training courses is         and the National Institute for Occupational Safety
                        diverse.                                               and Health (NIOSH), at both national and regional
                           Existing Training Programs                          locations. Although representatives of many of these
                                                                               agencies meet regularly as members of the National
                     Under the 1984 Hazardous Materials Transpor-              Response Team, a single, strong Federal strategic
                   tation Act. reauthorization, Congress required DOT          approach to emergency response training has not
                   and FEMA to survey training programs offered for            been achieved.
                   hazardous materials emergency response and en-
                   forcement activities. Final results of these surveys          'Douglas Stancell, Transportation Programs, Science Applications
                   are anticipated in January 1986. To date, some 700          International Corp., Oak Ridge, T`N, draft study, Department of Trans-
                   agencies, public and private, have been identified          portation/Federal Fmergency Management Agency.

                                                                                                                                      45

                                                                                   There are few formal training programs for emer-
                                                                                 gency responders at the local level and those that
                                                                                 do exist may involve courses at a neighboring com-
                                                                                 munity college or informal in-house training.
                                                                                   Industry training, offered by individual shippers,
                                                                                 manufacturers, and associated professional organi-
                                                                                 zations, typically covers hazardous materials emer-
                                                                                 gency response for both fixed facilities and trans-
                                                                                 portation accidents. While intended primarily for
                                                                                 company employees, these courses may include pro-
                                                                                 visions for training local public response personnel.
                                                                                 For example, major companies may donate equip-
                                                                                 ment and invite local first responders to observe
                                                                                 their training sessions; Shell Oil and Amoco are
                                                                                 among the companies that have such programs.
                                                                                 Training offered by national professional and indus-
                                           pot                                   try associations includes programs by the National
                                                                                 Fire Protection Association, the American Petro-
                                                                                 leum Institute, the National Agricultural Chemical
                                                                                 Association, and the Chemical Manufacturers Asso-
                                                                                 ciation. State associations may also have training
                                                                                 programs. For example, the Pennsylvania Motor
                                                                                 Truck Association provides training for every Penn-
                                                                                 sylvania State patrolman.
                            Photo credit: Research and Special Programs Administration, DOT
                              Many industry resources are available
                            to assist emergency response personnel.

                       For example, training courses offered by execu-
                     tive branch regulatory agencies, such as DOT and
                     NRC, concentrate on enforcement aspects of haz-                                              IN"
                     ardous materials transportation regulations. Agen-
                     cies such as DOE, EPA, and NIOSH offer training
                     in the aspects of hazardous materials directly related
                     to their own areas of responsibility.
                       FEMA, the lead agency for Federal emergency
                     management, offers specific hazardous materials
                     emergency response training programs at the Na-
                     tional Fire Academy in Emmitsburg, Maryland; at
                     FEMA regional headquarters; and around the Na-
                     tion through its "Train the Trainer" courses.
                       Hazardous materials emergency response training
                     programs offered at the State level are generally the
                                                    0

                     responsibility of the State fire marshal's office, the
                     State fire training agency, or the major emergency
                     preparedness agency. The courses differ from State                                             Photo credit: Shell Oil Co.
                                                                                   This  petroleum industry training course teaches
                     to State, although if the State trainers have been            response personnel to prepare an overturned tank truck
                     trained by FEMA, greater course uniformity can be                    for offloading the product before the
                     expected.                                                                      truck is righted.

                         46

                           Training that covers rail hazardous materials emer-                              to respond to a hazardous materials transportation
                         gencies is usually offered by railroad companies to                                accident, and their training is of primary impor-
                         employees, shippers, and invited local emergency re-                               tance. However, personnel from other groups often
                         sponders. Emergency response training for highway                                  participate in response activities and require train-
                         hazardous materials accidents is offered by shippers                               ing as well.
                         and carriers as well as State and local governments.                                 The National Fire Academy reports there are ap-
                           OTA tallied results of a survey conducted by the                                 proximately 1,200,000 firefighters nationwide, 85
                         International Association of Fire Chiefs in June 1985                              percent of whom are volunteers, and the remain-
                         on hazardous materials team response capabilities                                  ing 15 percent paid employees of municipal, county,
                         across the Nation. Table 3-2 shows the training                                    or local governments.8 According to the National
                         sources most frequently used by State and local                                    Association of Chiefs of Police, there are between
                         emergency responders.                                                              480,000 and 500,000 local sheriffs and police per-
                           No systematic way exists to ensure that existing                                 sonnel employed by State and local governments.9
                         emergency response training courses reach those                                      Civil defense volunteers and health professionals
                         who need the training. In telephone interviews with                                also may respond to hazardous materials transpor-
                         CITA staff, State training officers voiced frustration                             tation accidents. Approximately 223,600 emergency
                         at the lack of information they receive on the qual-                               medical technicians are registered nationally. 10 These
                         ity of available training resources and the lack of                                individuals need some training in assisting victims
                         communication with their counterparts in other                                     of hazardous materials accidents.
                         States. Moreover, some local officials are concerned                                 State and local government officials and emer-
                         that planned State programs are inadequate to meet                                 gency service agencies say that it is the inappropri-
                         the needs of local jurisdictions. A national network                               ate responses of untrained or poorly trained first
                         of hazardous materials emergency response trainers                                 responders of a predominantly volunteer force that
                         and a national clearinghouse for training informa-                                 are most likely to harm the first responders them-
                         tion are two relatively low-cost means of address-                                 selves and the surrounding community. According
                         ing these concerns.                                                                to reports of professional associations involved with
                                                                                                            emergency services, many first responders do not
                                               Training Needs                                               have access to training. In addition, the 25 percent
                           The population needing hazardous materials re-                                   annual turnover rate within fire departments in-
                         sponse training is numerous and diverse. Local fire                                creases the difficulty of maintaining a trained emer-
                         or police department personnel are usually the first                               gency response force."
                                                                                                              Coordinated efforts to train potential first re-
                         Table 3-2.-Frequently Used Training Sources, 1985                                  sponders in rural and small urban areas are neces-
                                                                                                            sary. The training should emphasize the differences
                                                            Number of State and    local hazardous          between hazardous materials response and firefight-
                         Training course                            materials team attendees                ing. While firefighters rush to the scene, hazardous
                         National Fire Academy    ...............              79                           materials responders must identify the product and
                         Industry (unspecified)   ...............              68                           the potential damage, and the appropriate response,
                         State training programs   ..............              65
                         Colleges or universities  ..............              59                           before approaching the accident. Training in the
                         Safety Systems, Inc   .................               53
                         Texas A&M     .......................                 25
                         In-house training  ...................                21                             'Ray Donovan, National Fire Academy, Federal Emergency Man-
                         Colorado Training Institute   ...........             18                           agement Agency, Emmittsburg, MD, personal communication with
                         Radiological Monitoring   ..............              18                           OTA staff, 1985.
                         National Fire Protection Association   ....           17                             9Gerald Arenberg, Executive Director, National Association of Chiefs
                         EPA   .............................                   17                           of Police, personal communication with OTA staff, 1985.
                         U.S. Coast Guard    ....... ..........                13                             IONational Registry of Emergency Medical Technicians, Registry. The
                         Union Pacific/EPA Region VII     .........              7                          Newsletter of the National Registry ofEmergency Medical Technicians,
                         Other   ............................                  33                           Vol. 17, No. 1, winter 1985, p. 7.
                         SOURCE: International Association of Fire Chiefs survey, June 1985; and the          "Chief Warren Isman, Fairfax County Fire Department, Fairfax
                                  Office of Technology Assessment.                                          County, VA, personal communication with OTA staff, 1985.

                                                                                                                                            47

                       application and use of protective equipment is also             The identification of available training programs,
                       important.                                                    such as the surveys undertaken by DOT and FEMA,
                         In addition, police departments and emergency               is a preliminary step in the development of a com-
                       medical personnel, as well as public health depart-           prehensive emergency response training program.
                                                                                     Interim survey results document a spectrum of train-
                       ments, public works departments, and environ-                 ing programs offered by Federal, State, and local
                       mental health departments need to know how to
                       handle hazardous materials emergencies. Hazardous             agencies; private companies; and industry.
                       materials training, protective equipment, and decon-            Training for emergency response to hazardous ma-
                       tamination procedures should be added to training             terials incidents must cover the regulatory require-
                       for ambulance drivers, hospital personnel, emer-              ments of hazardous materials transportation, includ-
                       gency room physicians, nurses, and orderlies. As              ing proper substance identification, shipping papers,
                       part of a DOT demonstration project, Memphis or-              placarding, and emergency notification procedures.
                       ganized a full-scale accident simulation to evaluate          Training in these requirements is offered by DOT,
                       emergency medical capabilities. It became apparent            DOE, DOD, and NRC.
                       that emergency medical services and hospital per-               Most DOT training programs stress enforcement
                       sonnel were not familiar with treatment of cherni-            of regulations, including placarding recognition and
                       cal injuries or the need for decontamination after            use of the DOT Emergency Guidebook, rather than
                       chemical exposure. It is likely that many hospitals           direct emergency response procedures. The U.S.
                       and hospital emergency rooms suffer from this same            Coast Guard offers classes in hazardous materials
                       lack of knowledge.                                            regulatory compliance to shippers and carriers, and
                              Training Content and Quality                           emergency response training to Coast Guard per-
                                                                                     sonnel and other emergency responders for water-
                         Defining the needs of first responders and exam-            related hazardous materials transportation problems.
                       ining how these needs are being met has not yet                 EPA offers training on hazardous materials emer-
                       been systematically undertaken. Development of a              gency response at regional headquarters. The train-
                       uniform comprehensive training program for emer-              ing focuses on hazardous materials chemical and
                       gency response activities hinges on unified national          physical properties, advanced emergency response
                       or Federal attention, rather than on piecemeal ef-            techniques, and cleanup activities.
                       forts at the State or local level.                              In the past, FEMA training programs focused pri-
                         State and local officials have suggested that a sys-        marily on training for emergency response to radio-
                       tematic approach to training first responders should          logical accidents; new emphasis is now being placed
                       include:"                                                     on emergency response to hazardous materials ac-
                         �  a curriculum based on a clearly defined job anal-        cidents. A six-part monthly teleconference series
                            ysis that identifies what personnel should know          sponsored by FEMA and the National Fire Acad-
                            regarding hazardous materials management;                emy, being held between September 1985 and
                         �  cross-training for each of the groups needing            March 1986, covers a variety of emergency response
                            training (fire, police, industry, Federal, and           issues, including planning for and responding to haz-
                            State personnel) in the vital areas of response          ardous materials emergencies.
                            enforcement and compliance;                                State officials, in conversations with OTA staff,
                         �  well-qualified and expert hazardous materials            indicated that the basic first responder training
                            trainers; and                                            courses offered by most States include recognition
                         �  a clearinghouse or coordinator for hazardous             and identification of hazardous materials. Many
                            materials training to identify useful training           State training officers contend, however, that exist-
                            courses for particular needs.                            ing first responder training courses are too superficial
                                                                                     to prepare first responders adequately for hazard-
                         12U.S. Congress, Office of Technology Assessment, "Transcript of ous materials transportation accidents. I I They urge
                       Proceedings-OTA Workshop on State and Local Activities in Trans- "Personal communication of OTA staff with training officials in 35
                       portation of Hazardous Materials," Washington, DC, May 30, 1985@ State fire academies, June 25-July 20, 1985.

                       48

                       the establishment of national guidelines for differ-                        missions. 16 The course is offered throughout Region
                       ent levels of emergency response training, for train-                       V11 to maximize involvement by first responders.
                       ing course content, and personnel requirements.                             Although other EPA regions have expressed inter-
                          Local training for emergency responders varies                           est in the course, this program is unique to Region
                       widely, reflecting the importance placed on hazard-                         Vii.
                       ous materials emergency response by the State gov-                             Other successful training courses around the coun-
                       ernment and the financial resources available. The                          try concentrate on training individuals, organizing
                       spectrum of local hazardous materials training                              the individuals into teams, staging simulation haz-
                       courses ranges from well organized and funded haz-                          ardous materials accidents, and involving other
                       ardous materials courses offered by highly trained                          agencies in simulated emergency response. These
                       individuals to little or nothing.14 15                                      simulations provide an opportunity to test emer-
                          Because of the large volumes transported, petro-                         gency response plans and discover organizational
                       leum products are the most likely hazardous mate-                           problems prior to an actual hazardous materials ac-
                       rials to be involved in accidents. Most first respond-                      cident.
                       ers already have extensive experience in dealing with                          Recent innovations in the presentation of emer-
                       petroleum product accidents, regarding them as an                           gency response training include the National Fire
                       extension of firefighting duties. Therefore, State and                      Protection Association's television broadcasts of
                       local training programs may need to concentrate on                          emergency response training and the six FEMA tele-
                       those hazardous materials first responders have not                         conferences. Such programs, available free to appro-
                       previously encountered, particularly corrosives and                         priate groups across the country, can deliver train-
                       other commodities. An inappropriate response-to                             ing at low cost to large numbers of first responders
                       an accident involving unfamiliar chemical products                          wherever television satellite reception can be ar-
                       could endanger individuals, the entire team, or the                         ranged.*
                       surrounding community.                                                         Another innovative emergency personnel train-
                          One example of a public-private agency coopera-                          ing program is offered through the National High-
                       tive training program is that between EPA and the                           way Traffic Safety Administration. If requested
                       Union Pacific Railroad in EPA Region V11. A 2-day                           under the State and Community Highway Safety
                       training course in hazard identification and ap-                            Grant Program, receipt of Federal highway funds
                       proach is offered free of charge to multidisciplinary                       is linked to meeting emergency medical service train-
                       groups with emergency response duties. The course                           ing requirements. A similar program could be in-
                       emphasizes that emergency response to hazardous                             stituted for hazardous materials first responder train-
                       materials incidents is unlike routine fire suppression                      ing. 17
                       in several ways; for example, response personnel
                       must identify the types of hazards facing them be-
                       fore approaching the accident or attempting rescue                             "Charles Wright, lecture at Hazardous Materials First Responder
                                                                                                   Course presented by Union Pacific Railroad and U.S. Environmental
                          14Association of Bay Area Governments (ABAG), National Direc-            Protection Agency Region V11.
                       tory of Hazardous Materials Training Courses (San Francisco, CA:               *For further information call Mary Ellis at FEMA at (202) 646@2692.
                       March 1985), p. 8.                                                             "Hal Butz, Department of Transportation, National Highway Traf-
                          15Data supplied by the international Association of Fire Chiefs to       fic Safety Administration, Enforcement and Emergency Response Di-
                       OTA.                                                                        vision, personal communication with OTA staff, June 25, 1985.

                              PLANNING AND ORGANIZING FOR EMERGENCY RESPONSE
                          Emergency response plans, if properly imple-                                Although hazardous materials truck movements
                       mented, can organize and coordinate the response                            probably dominate State and local planning and
                       activities of a variety of agencies. Communities con-                       training, well-prepared State and local emergency
                       cerned about hazardous materials transportation ac-                         response plans will address hazardous materials
                       cidents are developing hazardous materials emergen-                         transportation by all relevant transport modes.
                       cy response plans that utilize community resources.                         According to 1983 rail waybill statistics, railroad

                                                                                                                                           49

                      shipments of hazardous materials, bulk shipments              and local emergency responders. Issues needing a
                      of petroleum products, chemicals, pesticides and her-         coordinated approach include: funding for emer-
                      bicides, and occasionally spent fuel elements, reached        gency response training and planning; information
                      73.1 million tons, or 5.4 percent of all rail tonnage."'      dissemination on appropriate hazardous materials
                      Barge movements of hazardous materials include                emergency response procedures; and a clear deline-
                      bulk loads of petroleum and petroleum products,               ation of Federal, State, and local hazardous mate-
                      coals, and chemicals and chemical products. In 1981           rials emergency response capabilities and responsi-
                      to 1982, 66 percent of total water freight movements          bilities.
                      were hazardous materials. 19 Airborne shipments, the            At the State, regional, or local level, plans that
                      smallest percentage of hazardous materials move-              outline specific responsibilities, coordinate on-site
                      ments, are generally radioisotopes, valuable com-             activities, and appoint a response leader can reduce
                      modities, and sensitive materials requiring rapid de-         the confusion at the accident site and provide a clear
                      livery.                                                       chain of authority for response activities. Fire, po-
                        Radioactive materials constitute only a small per-          lice, and other organizations that may participate
                      centage of hazardous materials; in the past they have         in emergency response should be part of the plan-
                      been the focus of many federally funded State emer-           ning process to establish the lead agency in emer-
                      gency response planning programs. DOT statistics              gency response situations. Any governmental mu-
                      show, however, that the transportation of gasoline,           tual aid agreement should determine the on-scene
                      fuel oil, and other petroleum products is far more            coordinator in advance.
                      likely to cause damage to public property and the               Industry has contributed to many local emergency
                      environment than radioactive materials. This sug-             response activities, but questions remain regarding
                      gests that hazardous materials planning activities            emergency response on private property, such as a
                      should encompass these familiar materials.                    company facility or a railroad right-of-way. Advance
                        Planning for emergency response is recognized by            arrangements between special industry response
                      State and local governments as indispensable in de-           teams and existing public emergency response net-
                      veloping more coordinated and effective response              works as to these issues will enhance response ef-
                      activities. As identified by State and local govern-          forts. Formal mutual aid agreements between inde-
                      ments, the primary areas needing attention during             pendent industry response teams and communities
                      planning include:                                             are a means of achieving coordinated and compre-
                        �  improved coordination among Federal, State,              hensive response capabilities at reduced expense.
                           and local agencies at every level;                       They allow neighboring communities to share equip-
                        �  coordination with industry response programs;            ment, fire and police department manpower, emer-
                        �  advance agreement about who is in charge;                gency medical services, and private sector resources.
                        �  adequate communication between the accident              A recent effort, the CMA's Community Awareness
                           site and offsite command posts;                          and Emergency Response Program, encourages in-
                        �  other operational concerns; and                          dustry to cooperate in the development of commu-
                        �  public information.                                      nity emergency response plans
                                         Coordination                                           Operational Concerns
                        Development of better coordination among Fed-                 Communication and liability issues should also
                      eral and State emergency response agencies would              be covered during the planning process. Commu-
                      ease many planning-related problems facing State              nication is vital in any emergency and involves both
                                                                                    hardware and organization. At the planning stage,
                                                                                    participating response agencies should identify
                        "Mark Abkowitz and George List, "Hazardous Materials Transpor- equipment requirements and procedures to ensure
                      tation: Commodity Flow and Incident/Accident Information Systems,"
                      OTA contractor report, October 1985.                          adequate communication, both on and off site,
                        19The American Waterways Operators, Inc., American Waterway equipment compatibility, and isolation of frequen-
                      Operators Annual Report: 1981-1982 (Arlington, VA: 1983).     cies for emergency use.

                   50

                     In addition, some currently available resources do        decisions on response procedures based on incor-
                   not correspond to the needs of State and local              rect or incomplete information, potentially endan-
                   responders. Additional information on the degree            gering themselves and neighboring communities.
                   of hazard for hazardous commodities, especially               Another growing concern of hazardous materi-
                   identification of the chemicals most dangerous to           als teams and local governments is disposal of haz-
                   first responders and the community at large, would          ardous materials and contaminated soil, etc., fol-
                   enable planners and responders to assess risks more         lowing cleanup. An emergency response team left
                   readily. Hazardous commodities are immediately              in possession of removed materials becomes a gener-
                   identifiable to emergency responders if correctly           ator, storer, and transporter of hazardous waste sub-
                   placarded as radioactive materials, poisons, etiologic      ject to Federal hazardous waste requirements.
                   agents, flammables, combustibles, oxidizers, corro-
                   sives, caustics, explosives, and pyrophoric materi-           Liability issues are a concern for governmental en-
                   als. Within these categories, some substances are           tities, which may be held responsible for emergency
                   much more dangerous than others. Additional in-             response activities that result in damages. Carefully
                   dication of the relative degree of hazard has been          crafted Good Samaritan laws can relieve the bur-
                   of concern to State and local government officials          den of potential liability for qualified emergency
                   and emergency responders since 1970. Adoption of            responders who assist during a hazardous materi-
                   the United Nations numbering system, a classifica-          als transportation accident. Industry liability after
                   tion and identification system developed for inter-         response to hazardous materials accidents remains
                   national commerce, does not address the problems            a major industry concern.
                   the current system poses to hazardous materials
                   emergency responders, although it provides a uni-                         Public Information
                   form numerical identification when it is used.
                                                                                 Providing accurate reports to the press and pub-
                     One example of the need for gradations of haz-            lic is another necessary part of coordinated emer-
                   ard is the categorization of methyl isocyanate (MIC),       gency response activities. At many accidents, par-
                   responsible for more than 2,000 deaths and thou-            ticularly severe ones, the media becomes a part of
                   sands of injuries to residents of Bhopal, India. For        the response process and is an important public in-
                   years, MIC has been classified only as a flammable          formation resource. Although most communities
                   material by the Department of Transportation. Only          recognize the importance of public information in
                   recently has DOT changed its designation and pla-           the emergency response process, media representa-
                   carding and handling requirements to indicate the           tives are not typically included on planning task
                   dangers of inhalation.10                                    forces.
                     The DOT Guidebook, the most widely available                A training course for press personnel on dealing
                   response information resource, may provide incom-           with bad news* stresses the need for careful advance
                   plete information about a substance, as it did in the       planning and a clear strategy for providing an ac-
                   Odessa, Delaware, spill. Moreover, the components           curate information flow to the media and to the pub-
                   of hazardous waste, a combination of materials that         lic. Emergency response plans should include des-
                   form a volatile mixture or pose multiple hazards,           ignating spokespersons skilled in giving print and
                   are not fully identified.                                   electronic media interviews. The first media contact
                     The high violation rate found among hazardous             can determine how the incident is perceived by the
                   materials transporters of placarding, shipping papers,      public and can help maintain public calm and co-
                   and marking regulations also concerns emergency             operation.
                   response personnel. First responders must often as-
                   sess the risks of the hazardous materials and make

                                                                                 *For example, Lehigh University journalism Department and Of-
                                                                               fice of Continuing Education in Pittsburgh, PA, offers a training course
                     "Washington Post, "Chemical Shipping Rule Issued," Oct. 10, 1985. in press management of emergency situations.

                                                                                                                                         51

                                                           PROTECTIVE EQUIPMENT

                        Emergency equipment is the primary protection                                            0
                      and defense for first responders handling hazard-
                      ous materials. The equipment must be adapted to
                      a particular hazard in that it must be made of ma-
                      terials that are resistant to the hazardous chemical;
                      and it must protect those areas and functions of the                                       -low
                      human body susceptible to the hazard."
                        The lack of useful information on the appropri-
                      ate type of personal protective equipment and proce-
                                                                                                                   "A'                  1'7
                      dures for its use is a major concern for local gov-
                      ernments and emergency service personnel. The
                      appropriate choice among the varieties of equipment
                      offered and the numerous operating procedures
                      available depends on the hazardous materials be-
                      ing handled, and those responsible for equipment
                      purchase are faced with difficult and expensive
                      options.
                        The cost of protective suits ranges from less than
                      $100 for a disposable Tyvek coverall to approxi-
                      ma  Itely $2,000 for a chemical splash suit with inner
                      and outer suit protection. Self-contained breathin                                      Vow-
                                                                             9
                      apparatus, important for incidents involving un-
                      known chemicals or known highly hazardous chemi-
                                                                                     I,-
                      cals, may cost $1,400 each. In combination, these
                      types of equipment, used properly, produce a high
                      level of protection for emergency responders. How-            A
                      ever, the cost of such equipment is far beyond the
                      budgets of many small communities.                                                                Photo credit: Shell Oil Co.
                        Moreover, no existing protective clothing is resis-         Emergency response personnel must become familiar with
                      tant to all classes of hazardous materials. Thus, the          equipment during training before an accident occurs.
                      selection of chemical protective equipment requires
                      assembling equipment components-gloves, head-
                      gear, coveralls-that offer similar ranges of chemi-
                      cal protection. Firefighters and hazardous materi-            gency responders will be exerting themselves, alter-
                      als response teams currently rely on fire service             ing the fit and possibly reducing the effectiveness
                      literature, manufacturer information, and accumu-             of clothing and respirators. For these reasons, emer-
                      lated personal expertise when selecting chemical pro-         gency responders must be provided with training
                      tective gear. Firefighter gear is only now being tested       and explicit guidelines on the purchase, use, and
                      for chemical resistance, however. To provide effec'           maintenance of respiratory protective equipment.
                      tive protection, equipment must fit properly, be used          The development of equipment standards, pur-
                                                                                                                                   .....................

                      correctly, and be maintained appropriately. In the            chase recommendations, and equipment training
                      course of their activities firefighters and other emer-       programs by a national body, either the Federal
                        21A D. Little Co., "Protective Clothing and Equipment," Chemical Government or professional associations, would pro-
                      Hazmat Response Information System (CHRIS) Response Methods   vide local emergency responders with a body of
                      Handbook (Washington, DC: U.S. Coast Guard/U.S. Department of knowledge from which to make accurate and in-
                      Transportation, December 1978), p. 7-1.                       formed decisions.

                  52

                                                                    FINDINGS

                  9  Additional training for public safety personnel              tions, along major transportation corridors, or
                     in hazardous materials emergency response is                 in States with heavy concentrations of hazard,
                     urgently needed. No comprehensive framework                  ous materials industries. Funding assistance for
                     for emergency response training activities exists            training will be necessary for many jurisdictions,
                     today at the Federal, State, or local level, result-         either from Federal or State programs or from user
                     ing in insufficient attention to and funding for             or registration fees.
                     training activities.                                       a Safety information accompanying hazardous
                     Movements of gasoline and petroleum products                 materials often is not sufficient to enable emer.
                     (which constitute 50 percent of the hazardous                gency responders to protect themselves or the
                     materials transported) account for more hazard.              surrounding public in the case of an accident.
                     ous materials transportation accidents, injuries,          0 Determining in advance who is to be in charge
                     and damages than other classified commodities.               at an incident and the role(s) of each partici,
                     Most emergency response personnel are adequate-              pating agency is imperative for an effective re-
                     ly trained to fight petroleum fires. Nonetheless,            sponse.
                     given the magnitude of the problem, planners,
                     enforcement officers, and industry representatives         * Good communication during emergencies re,
                     should develop additional safety measures and                quires adequate hardware and advance plan,
                     awareness and training programs for drivers and              ning and coordination.
                     handlers to reduce the incidence of such ac-               9 National guidelines for appropriate protective
                     cidents.                                                     clothing for specific hazardous materials emer,
                     Movement of corrosives and other hazardous                   gencies are needed, as hundreds of types of per-
                     materials that pose special hazards are of con.              sonal protective equipment are available for a va-
                     cern to State and local officials. Emergency re-             riety of hazardous materials.
                     sponse personnel and planners should include in-             National guidelines for equipment standards
                     dustry in the development of appropriate response            and for training in equipment use would pro.
                     procedures and training programs that reflect the            vide emergency response teams and public safe.
                     inherent dangers of these substances.                        ty personnel with adequate skills and tools for
                  �  The most pressing nationwide training need is                a safe response. Instruction in the maintenance,
                     for intensified training for first responders. First         inspection, testing, and decontamination of per-
                     responders have initial responsibility in the miti-          sonal protective equipment should be included
                     gation of an incident or accident and need to be             in training programs.
                     trained accordingly. Course offerings are currently        * Development of performance objectives for
                     weighted in favor of advanced instruction, leav-             emergency response personnel would help
                     ing first responders inadequately informed. A mul-           standardize training and response.
                     tidisciplinary approach that includes all the agen-
                     cies involved in first response is an important            * Hazardous materials emergency response train,
                     aspect of this training.                                     ing should include all transportation modes.
                  �  Additional and advanced training is appropri.
                     ate for public safety personnel in large jurisdic.

                                                   Chapter 4
                          Information Gathering
                              for State and Local
             Hazardous Materials Planning

                                                                                                                                   Chapter 4
                         Information Gathering for State and Local
                                                          Hazardous Materials Planning

                           Planning to prevent accidents and to improve                  pand and refine the effort. Release of phosphorous
                         emergency response requires information on the na-              trichloride from an overturned railroad car in Somer-
                         ture of hazardous materials accidents that might oc-            ville, Massachusetts, caused 400 people to seek med-
                         cur, the areas of highest risk, and the types of ma-            ical attention and was the catalyst for the Common-
                         terials most likely to be involved. Until recently,             wealth to undertake a planning study with the goal
                         State and local officials had scant information of              of improving emergency response procedures. Other
                         this sort, but many have now initiated studies docu-            jurisdictions have become sensitive to the danger
                         menting the amount and types of hazardous mate-                 of hazardous materials accidents because they are
                         rials stored within or moving through their jurisdic-           transportation centers or major corridors of hazard-
                         tions to help develop plans for accident prevention             ous materials traffic.
                         and emergency response. This chapter describes                    Starting in 1981, the Office of Hazardous Mate-
                         State and local efforts to gather and analyze haz-              rials Transportation within DOT sponsored studies
                         ardous materials data for planning purposes and                 in seven jurisdictions on a wide range of issues re-
                         identifies related issues.                                      lated to hazardous materials transportation; these
                           The impetus for gathering information and plan-               studies were to lead to development of comprehen-
                         ning is often a hazardous materials incident for                sive management plans to serve as models for other
                         which a jurisdiction found itself ill-prepared. A 1979          localities. The seven jurisdictions were: the Central
                         chemical plant fire in downtown Memphis prompted                Puget Sound Region; the San Francisco Bay Area;
                         the mayor to initiate a planning and data collec-               Indianapolis; Memphis; New Orleans; Niagara
                         tion program. When Memphis b          ecame a part of a         County, New York; and the Commonwealth of
                         U.S. Department of Transportation (DOT) demon-                  Massachusetts. The sites represented a range of pop,
                         stration program, the city used DOT funds to ex-                ulation sizes, locations, types of political units, and
                                                                                         levels of existing planning. All plans covered four
                                                                                         general topics: hazard identification, assessment of
                                                                                         local capabilities, prevention, and response. Each
                                                                                         plan reflects local economic conditions, perceived
                                                                                         needs, and other demographic characteristics.
                                                                                           To collect information for this chapter, OTA ex,
                                                                                                           y
                                                                                         amined a variet' of sources. The seven DOT dem-
                                                                                         onstration projects and the studies carried out by
                                                                                         States under the State Hazardous Materials Enforce-
                                                                                         ment Development (SHMED) Program were particu-
                                                                    V"00 741
                                                                                         larly valuable. So, too, was a multimodal study pre,
                                                                                         pared for Virginia, which represents an early attempt
                                                                                         by a State to collect comprehensive information on
                                                     Will 70
                                                                                         hazardous materials movements by all modes of
                                               &                                         transportation. At the municipal and regional level,
                                     P"
                                                                        -."g AM, 4110
                                                                                         OTA reviewed a hazardous materials transportation
                                                                       4q
                                                                                         srudy recently completed for the New York City area
                                Photo credit: Research and Special Programs Administration,Tand the preliminary results of studies now in progress
                           Information on the type of hazardous materials stored
                             for distribution in a community is important for            in Houston and Denver. In addition, federally
                                 planning and emergency preparedness.                    funded studies of monitoring and enforcement ef-

                                                                                                                                                  55

                  56

                  forts for transport of radioactive materials were ex-      often scattered among several departments, compli-
                  amined.                                                    cating local officials' efforts to obtain funds. Plan-
                    States that have undertaken hazardous materials          ning officials complain that they cannot get local
                  data collection and planning studies have used a va-       funds for accident prevention and emergency re-
                  riety of Federal funding sources, including SHMED          sponse planning until an accident occurs. All local
                  program monies and Federal Highway Administra-             planning studies and data collection efforts have de-
                  tion (FHWA) planning funds, as well as their own           pended primarily on outside financial support. Typi-
                  resources. However, aside from the DOT demon-              cally, little or no information is gathered prior to
                  stration sites, local governments have found fund-         receiving a funding grant, and once the grant ex-
                  ing such studies difficult. No Federal program cur-        pires, sustaining staff efforts becomes difficult. OTA
                  rently exists specifically for local planning studies,     found that acquiring data for planning remains a
                  and State planning efforts remain concentrated at          significant problem for many local jurisdictions.
                  the State level.' State responsibility for planning is

                    'Thomas White, City Council member, Greenbelt, MD, in U.S. Con-
                  gress, Office of Technology Assessment, "Transcript of Proceedings-
                  OTA Workshop on State and Local Activities in Transportation of
                  Hazardous Materials," Washington, DC, May 30, 1985, p. 155.

                                                DATA COLLECTION ACTIVITIES

                            Federal Data Collection                          addition, the information requested of the respond-
                                                                             ers varies with each survey, so trend analysis is dif-
                    Numerous Federal offices have responsibility for         ficult. The Interstate Commerce Commission col-
                  hazardous materials data collection, although only         lects railroad waybill data, which can be analyzed
                  those relevant to State and local needs are discussed      to yield commodity flow data about hazardous ma-
                  here. DOT information-gathering efforts include:           terials shipped by rail.
                    � Research and Special Programs Administration,            The format of each of these commodity flow data-
                      Office of Hazardous Materials Transportation:          bases makes them so difficult to compare that they
                      collects data on incidents (spills) by all modes       are not useful to State and local governments. For
                      except bulk water.                                     example, hazardous materials information is not dis-
                    � U.S. Coast Guard: collects accident and spill          tinct from other commodities; identification of the
                      data for waterborne commerce.                          commodities is often too imprecise to determine
                    � Federal Railroad Administration: collects rail         whether hazardous materials is involved; there is no
                      accident data.                                         information on routing; the codes used to identify
                    � Federal Aviation Administration: collects data         the hazardous materials commodities are not the
                      on aviation accidents and spills.                      same in each database; and no officially recognized
                    � FHWA, Bureau of Motor Carrier Safety: col,             cross-reference table exists to permit integration of
                      lects accident and incident data on highway            data from different databases.
                      transportation.
                    The Bureau of the Census and the Interstate                         State and Local Studies
                  Commerce Commission collect commodity flow
                  data. The Census Bureau's Commodity Transpor-                No single best approach to State and local data
                  tation Survey contains useful multimodal informa-          collection emerged from OTA's research. When a
                  tion on all commodity shipments, but, as it is con-        State undertakes a study, a lead agency is usually
                  ducted only once every 5 years, its information is         designated, often the Department of Transportation
                  not current. Furthermore, it is difficult to extract       or State Police, with assistance provided by an office
                  information on hazardous materials shipments. In           of emergency preparedness or comparable agency.

                                                                                                                                           57

                        For cities, municipal planning staffs, private con-              by means of questionnaires, interviews, and in-
                        sulting firms, or university-based research groups do            spections, and from public records, such as fire
                        most of the data gathering and analysis. For exam-               inspection records and business tax records.
                        ple, a New Orleans planning study was conducted                  Hazardous materials transportation analysis:
                        by a member of the mayor's staff hired with grant                Identifies the quantities and types of hazardous
                        funds, and the knowledge accumulated during the                  materials transported through the jurisdiction
                        study continues to be a major asset for the city. Fire           by each transportation mode and the most fre-
                        departments are the other local public agency most               quently used routes. Data are gathered by ques-
                        frequently involved in data gathering.                           tionnaires, roadside inspections, and review of
                          Techniques and results vary according to the lo-               company records.
                        cal situation and experience and the particular in-            9 Hazards assessment or identification of haz,
                        terests and resources of the agencies involved. None-            ards and high,risk locations: Analyzes factors
                        theless, it has been possible to identify the types of           such as population density, transportation sys-
                        data that have been found useful, effective meth-                tem characteristics, and past incidents to de-
                        ods, and commonly encountered problems. The fol-                 termine where the risk of a hazardous materi-
                        lowing kinds of studies have been found to provide               als incident is greatest or where the impact
                        the background information necessary for planning                would be the most severe.
                        and  emergency preparedness:                                   An inventory of fixed facilities is usually the first
                             Inventory of hazardous materials stored at              step in the data-gathering process. Any second step
                             fixed facilities: Records the quantity and type         is usually a transportation analysis. Hazards assess-
                             of hazardous commodities stored in manufactur-          ment is usually last since it draws on data collected
                             ing, wholesaling, distribution, or storage facil-       in the first two studies.
                             ities within the jurisdiction. Data are obtained

                                                      FIXED FACILITIES INVENTORIES

                          Knowledge of the extent and nature of hazard-              tions studied by OTA chose to locate all hazard-
                        ous materials manufacture and storage in the com-            ous materials, including paint thinner stored in re-
                        munity is essential for prevention and response plan-        tail stores, but concentrated most on chemicals
                        ning. Local governments have found that a facilities         manufactured or stored in bulk. Memphis, for ex-
                        inventory can guide the purchase of equipment, con-          ample, limited its inventory to 255 manufacturing
                        duct of training, location of response facilities, and       sites.2 At the other extreme, the cities of Santa Clara
                        assignment of personnel; and it provides a good in-          County, California, inv'entoried all materials iden-
                        dication of the type of hazardous material trans-            tified by DOT as hazardous and stored in any quan-
                        ported in the jurisdiction. Despite the importance           tity at commercial facilities, including drug stores.'
                        of data on fixed storage sites, however, none of the         The inventory is now kept current by the county.
                        seven jurisdictions taking part in the DOT demon-            The majority of communities studied, however, have
                        strations had previously compiled this information,          limited their surveys to selected commodities iden-
                        although some had partial data as a result of regu-          tified by the staff and advisory committees and to
                        latory requirements pertaining to nuclear materials,         major facilities, measured by employment levels.
                        hazardous wastes, air pollution, or routine fire in-           The Association of Bay Area Governments,
                        spection procedures.                                         around San Francisco, identified target commodi-
                             Local and Regional Inventories                            'National Conference of State Legislatures, October 1983-December
                                                                                     1983, Hazardous Materials Transportation Regional Workshops (Den-
                          One of the first decisions necessary in undertak-          ver, CO: 1983), p. 65.
                                                                                       3Cambridge Systematics, Inc., Community Teamwork- Working To-
                        ing a hazardous materials inventory is what should           gether to Promote Hazardous Materials Transportation Safety (Wash-
                        be inventoried and in what detail. Some jurisdic-            ington, DC: U.S. Department of Transportation, 1983), p. 6.

                    58

                                                                                          age sites. By eliminating the smallest firms on the
                            Box 4A.-The Inventory Process in                              advice of the local advisory committee and the fire
                                   the Puget Sound Region                                 department, the staff narrowed the list to 255 firms.
                                                                                          Questionnaires sent under the auspices of the Mem-
                    1    The Puget Sound Region prepared a thorough in-                   phis Fire Department asked for data on storage of
                       ventory as part of its hazardous materials plan. Plan-             material in 19 DOT hazard classes. Although fol-
                       ners collected data on the quantities of selected haz-
                                                                                          lowup to the questionnaire was a lengthy process,
                       ardous, commodities stored in local manufacturing                  the city currently has information on the type, quan-
                       firms and tabulated the information by zip code dis-               tity, and location of stored hazardous materials, in-
                       tricts. The following steps were involved:4
                                                                                          cluding site plans and names, addresses, and phone
                            With the advice of a local advisory committee,                numbers of emergency contacts.6 In Indianapolis,
                            the project staff narrowed the scope to 85 com-               only 20 to 25 percent of the 1,200 local industries
                            modities on the DOT hazardous materials list.
                                                                                          surveyed submitted responses to the questionnaire.
                            The materials were selected because they were
                                                                                          The majority of manufacturers declined to partici-
                            prevalent in the region and very hazardous.
                                                                                          pate because of their concern that the data might
                         0  The staffidentified the types of manufacturing
                            firms, according to Standardized Industrial                   divulge proprietary information or that the time nec-
                            Classification (SIC) codes, that most frequently       1      essary to compile the data would be excessive. More
                            used the 85 commodities and obtained the ad-                  recently, Indianapolis Planners, in cooperation with
                            dresses of the firms from local business direc-               the city and suburban fire departments, have pre-
                            tories.                                                       pared a simplified hazardous materials information
                            Questionnaires were sent to manufacturers, as                 form that they will ask manufacturers and distrib@
                            well as shippers and carriers, requesting infor-              utors to complete. City staff pointed out to OTA
                            mation on the name of commodity stored, net
                            weight of annual production, number of ship-                  that the fire departments now collect such detailed
                                                                                          information as part of their fire prevention duties
                            ments, and origin and destination of shipments.
                                                                                          and that, as a result, they have established a good
                            The information from the questionnaires was
                            mapped by zip code to show concentrations of                  relationship with industry in the Indianapolis area.
                            types ofhazardous materials, and regional tabu-                 Santa Clara County collects information by
                            lations were compiled to show what hazardous                  means of a regulatory procedure, which also finances
                            materials were most common.                                   the hazardous materials control program. To ob-
                                                                                          tain a business license, all firms selling, using, or pro-
                        Tuget Sound Council of Governments, Seattle, WA, Central Nger     ducing hazardous materials must provide local offi-
                       Sound Region Risk Analysis Report; Regional Hazardous Materials in-
                                                                                          cials with an inventory and pay a fee based on the
                       ventory, interim report (Washirtgton@ DC. U.S. Department of Trans-
                       portation, 1980), p. 30.
                                                                                          amount of materials stored. The fees help support
                                                                                          the county's emergency response team and hazard-
                                                                                          ous materials inspections. Local manufacturers and
                    ties but did not have the budget or manpower to                       merchants are advised on the proper storage and
                    administer the manufacturer and shipper question-                     handling of hazardous materials during these in-
                    naire. Instead, Bay Area planners produced a ser-                     spections.
                    ies of small maps, showing the locations of manu-
                    facturing firms that frequently used the selected                           Coordinated Use of Inventories
                    group of hazardous materials, anticipating that each
                    county would eventually survey individual firms.'                       Inventories can provide information for many pur-
                                                                                          poses in addition to planning. The Multnomah
                       In Memphis and Indianapolis, the initial data col-                 County Fire Department in Oregon collects infor-
                    lection method was a questionnaire. Memphis iden-                     mation on hazardous materials storage at fixed fa-
                    tified 900 firms as potential hazardous materials stor-               cilities as part of routine fire inspections. The
                       'Association.of Bay Area Governments, San Francisco, CA, Haz-      county's Office of Emergency Management stores
                    ardous Spill Prevention and Response Plan (Washington, DC: U.S.       the information in a computer along with data on
                    Department of Transportation, Research and Special Programs Admin-
                    istration, 1983).                                                       "National Conference of State Legislatures, op. cit.

                                                                                                                                           59

                       chemical characteristics of the commodities, trans-
                       portation routes frequently used, and performance                                                           41@
                       profiles of major carriers. The county's specialized
                       hazardous materials team has access to this data-
                       base through a computer terminal located in the re-
                       sponse vehicle. The computer system can provide
                       information on where a specified product can be
                       found at the site, how it is stored, and other chern,
                       icals that may be present. The system also provides
                       information on the characteristics of all the chemi-
                       cals known to be in the county, based on DOT and
                       other standard classifications, and the names of
                       organizations to call for additional product infor-
                       mation.7                                                           @ Photo credit: Research and Special Programs Administration, DOT
                         Not all communities give first priority to inven-             Some common hazardous materials are typically
                       tory of hazardous materials at fixed facilities. For                 transported in compressed gas cylinders.
                       example, Niagara County, New York, a rural county
                       traversed by an Interstate highway, centered atten-
                       tion first on a survey of commodities transported
                       through the county. New Orleans initially concen-              In March 1983, the State of New Jersey passed
                       trated on coordinating and improving existing pro-           a law requiring every firm manufacturing or handl-
                       cedures for emergency response.8 However, the city           ing hazardous substances to file a completed survey
                       has now turned attention to creating an inventory            form with the State Department of Health and the
                       that will eventually be computerized by census tract         county or local health, fire, and police departments.
                       and include all fixed storage facilities. In every city,     This information effectively provides a facilities in-
                       gasoline is the most commonly stored hazardous ma-           ventory.
                       terial, and the New Orleans planning staff began               The State of Maryland has created a computer-
                       by mapping underground tanks, on the assumption              ized registry of all toxic and carcinogenic substances
                       that this relatively limited inventory effort would          stored at fixed sites. The State Department of Health
                       ease the task of locating all gasoline stations. How-        and Mental Hygiene began gathering the data in
                       ever, a number of substances other than gasoline             1979 with funds from a U.S. Environmental Pro-
                       are stored underground, making this effort a much            tection Agency (EPA) grant. Currently, the regis-
                       more extensive@ and complicated task than antic-             try contains inventories of more than 400 industrial
                       ipated.                                                      users of toxic or carcinogenic substances. The data
                                                                                    gathered comprise detailed information on 54 tar-
                                 State Inventory Studies                            get chemicals selected by the department, includ-
                         Massachusetts, also a DOT demonstration project            ing the maximum quantities stored and how they
                       participant, is one of the few States that has com-          are transported. In the first data collection effort,
                       pleted a fixed facilities inventory. For each of the         the survey questionnaires returned were too incom-
                       State's 14 fire districts, State analysts used manu-         plete to be useful. To obtain reliable data, staff mem-
                       facturing directories to locate the firms with more          bers visited companies, spending as long as 2 days
                       than 100 employees that used or produced hazard-             at each to assist them in completing the form. Data
                       ous materials.9                                              are updated annually, and personal visits are now
                                                                                    usually necessary only f6t new firms. The staff esti-
                         'Puget Sound Council of Governments, op. cit.              mates that the development of the computerized
                         'City of New Orleans, Hazardous Materials Accident Prevention and registry system cost over $400,000, not counting soft-
                       Emergency Response Program (Washington, DC: U.S. Department of
                       Transportation, Research and Special Programs Administration, 1983), ware development, which was paid for by the EPA
                       P. 10.                                                       grant, and annual operating costs. In addition to
                         'Energy Resources, Inc., Phase L Determine the'Nature and Scope monitoring the quantities and types of chemicals
                       ofHazardous Materials Transportation in the Massachusetts Region,
                       Vol. I (Cambridge, MA. U.S. Department of Transportation, 1982), being manufactured, stored, and transported in the
                       p. 4-36.                                                     State, the registry is also used to cross-reference

                           60

                           health and environmental information with chem.                                                                  Table 4-1.-State Right-to-Know Laws, 1985
                           ical sites and activity.10                                                                                                            Community                 Worker
                                                                                                                        State                                      provisions            provisions
                                               Community Support                                                        Alabama             ................     ...........                   X
                                                                                                                        Alaska              .................    ...........                   X
                              The success of inventory efforts depends on the                                           Arizona             .................    ...........            ...........
                           cooperation of public agencies, such as the fire and                                         Arkansas            ...............      ...........                   X
                           police departments, and private groups, such as                                              California          ...............      ...........                   X
                                                                                                                        Colorado            ...............      ...........            ...........
                           chemical manufacturers, shippers, and carriers. Lo-                                          Connecticut         .............                  X                   X
                           cal advisory committees can be instrumental in ob-                                           Delaware            ...............                X                   X
                           taining such cooperation. Committees, appointed                                              Florida             .................              X                   X
                           by elected officials, are usually multidisciplinary and                                      Georgia             ................     ............           ...........
                                                                                                                        Hawaii              .................    ...........            ...........
                           composed of representatives from first response agen-                                        Idaho               ..................   ...........            ...........
                           cies, local industry, local and interstate carriers, and                                     Illinois            .................              X                   X
                           of public officials, educators, experts in hazardous                                         Indiana             .................    ...........            ...........
                           materials, and environmentalists. Manufacturing                                              Iowa                ...................            X                   X
                                                                                                                        Kansas              ....                           .....        ...........
                           and carrier representatives on a committee can ad-                                           Kentucky ..'*                                      -  ... ...........
                           vise researchers on how to approach local industry,                                          Louisiana..         ''                             X                   X
                           recommend the project to their associates, and help                                          Maine               .......                        X                   X
                           assess the validity of data collected.                                                       Maryland            ...............                X                   X
                                                                                                                        Massachusetts         ..........                   X                   X
                              Although private sector support has at times been                                         Michigan            ...............      ...........                   X
                                                                                                                        Minnesota           ..............       ...........                   X
                           problematical, recent actions by the Chemical Man-                                           Mississippi         .............        ...........            ...........
                           ufacturers Association (CMA) indicate an increased                                           Missouri            ..... . ......                 X            ...........
                           interest by the chernical industry in cooperating with                                       Montana             ................               X                   X
                           State and local planning efforts. In April 1985, CMA                                         Nebraska            ...............      ...........            ...........
                                                                                                                        Nevada              .................    ...........            ...........
                           announced an industry-wide program designed to                                               New Hampshire           .........                  X                   X
                           make chemical industry expertise available to local                                          New Jersey          .............                  X                   X
                           agencies, including furnishing planning groups with                                          New Mexico          ............         ...........            ...........
                           company safety data sheets on commodities manu-                                              New Yorke           ..............       ...........                   X
                                                                                                                        North Carolina        ..........                   X                   X
                           factured and stored in the community."                                                       North Dakota        ............                   X                   X
                                                                                                                        Ohio                ...................  ...........            ...........
                                                     Right-To-Know                                                      Oklahoma            ..............       ...........            ...........
                                                                                                                        Oregon              .................              X                   X
                                                                                                                        Pennsylvania        ............                   X                   X
                              Inventories and surveys of facilities are effective                                       Rhode Island        ............                   X                   X
                           ways to obtain data on the types and amount of                                               South Carolina        ..........         ...........            ...........
                           hazardous materials present in a community or re-                                            South Dakota        ...........          ...........            ..........
                           gion. However, concerns about protecting trade                                               Tennessee           ..............                 X                   X
                           secrets or other information considered to be pro-                                           Texas               ..................             X                   X
                                                                                                                        Utah                ...................  ...........            ..........
                           prietary (e.g., health or exposure data) have made                                           Vermont             ................               X                   X
                           some manufacturers unwilling to comply with re-                                              Virginia            .................    ...........            ...........
                           quests for information. In response, many States and                                         Washington          .............                  X                   X
                                                                                                                        West Virginia       ...........                    X                   X
                           municipalities have enacted legislation, commonly                                            Wisconsin           ..............       ...........                   X
                           referred to as "right-to-know" laws, that requires the                                       Wyoming             ...............      ...........            ...........
                           release of information on the hazards associated with                                        aAlthough New York has not passed community right-to-know regulations, in De-
                                                                                                                        cember 1983, Governor Cuomo Issued an executive order requiring the Depart-
                           chemicals produced or used in a given facility. The                                          ment of Environmental Conservation to inventory all toxic chemicals used,
                           majority of State right-to-know laws address both                                            stored, or disposed of in the State.
                                                                                                                        SOURCES: National Conference of State Legislatures, "State Hazardous Materi-
                              "Max Eisenberg, Environmental Program, Maryland Department                                                    als Policy: Issues Raised by the Bhopal Incident," State Legislative
                           of Health and Mental Hygiene, personal communication with OTA                                                    Report, vol. 10, No. 1, January 1985; personal communication with
                           staff, March 1985.                                                                                               Janis Adkins (ed.), Right-To-Know Nevis (Washington, DC: Thompson
                              "Chemical Manufacturers Association, press release, Washington,                                               Publishing Group, Oct. 22, 1985); and Department of Occupational
                                                                                                                                            Safety, Health, and Social Security of AFL-CIO, list of State right-to-
                           DC, April 1985.                                                                                                  know laws.

                                                                                                                                         61

                      community and employee access to information                   In 1983, the Occupational Safety and Health Ad-
                      about workplace hazards. Table 4-1 lists the States          ministration (OSHA) established a national hazard
                      that have passed such laws. Increasing numbers of            communication standard for employees in the man-
                      local governments are also enacting their own right-         ufacturing sector." One part of this standard re-
                      to-know statutes.                                            quires chemical manufacturers and importers to pre-
                        The provisions of these laws are not uniform, ei-          pare a Material Safety Data Sheet (MSDS) for all
                      ther in terms of the obligations placed on industry          hazardous chemicals produced or imported. Employ-
                      or in terms of the types of hazardous materials cov          ers covered by the OSHA standard must have an
                                                                                   MSDS for each hazardous chemical they use. More-
                      ered. States have also taken different approaches to
                      exemptions according to business size or quantities          over, some States require that copies of the MSDS
                      of material involved and the extent to which firms           also be submitted to a State agency or local fire chief
                      may protect trade secrets.                                   as part of their community right-to-know programs.
                        The requirements of right-to-know laws most rele-            The OSHA standard is intended to preempt State
                      vant to hazardous materials planning and emergency           right-to-know laws for workers, but it does not ap-
                      response include providing public access to infor-           ply to right-to-know laws pertaining to disclosure
                      mation on hazardous materials present in a State             of information to State and local planning agencies
                      or locality, conducting inventories or surveys, estab-       concerned with emergency preparedness and re-
                      lishing recordkeeping and exposure reporting sys-            sponse. Pending judicial and congressional actions
                      tems, and complying with container labeling regu-            on the scope of the OSHA standard may have an
                      lations for workplaces. Other requirements do not            effect on existing State and local provisions and on
                      pertain directly to hazardous materials planning or          the establishment of national community right-to-
                      emergency response but to worker protection (e.g.,           know requirements.
                      training and certification programs, posting of warn-
                      ing signs and notices, provision of protective equip-
                      ment, and employee rights to refuse to work under
                      certain conditions).                                           1229 CFR 1910.

                                                        TRANSPORTATION STUDIES
                        In addition to fixed facility inventories, State and            Truck Studies- Local/Regional
                      local governments have tapped a variety of public
                      and private sources to collect data on truck, rail     '       DOT demonstrations and other projects reviewed
                      air, and water transportation. Small towns and ru'           by OTA put high priority on information about
                      ral counties are particularly interested in transpor-        highway transport of hazardous materials because
                      tation data because they see their greatest risk as          tru..cks far outnumber other types of hazardous ma-
                      a hazardous materials accident on an Interstate high@        terials carriers, carry the largest share of the haz-
                      way or railroad line passing through their jurisdic-         ardous materials shipments, and are involved in the
                      tion. The type and quantity of hazardous materi-             greatest number of incidents. At the national level,
                      als carried by each mode and the principal routes            however, little detailed information is available
                      used comprise the information most frequently col-           about hazardous materials movement by truck. Even
                      lected for planning, risk analyses, routing decisions        the U.S. Census of Transportation, the most corn-
                      and emergency response preparation. Because the              monly used source of statistical information about
                      data-gathering problems are different for each mode,         highway transportation, does not contain enough
                      highway, rail, air, and water transport are discussed        detail to isolate hazardous commodities from other
                      separately and divided into local/regional and State         materials carried by truck.
                      studies.

                   62

                     Because of the lack of a central database on com-           at weigh stations, are set up, and government em-
                   modity flow, State and local planners have had to             ployees or students count the placarded trucks pass-
                   devise special means to collect data on highway               ing through, recording the commodity class of each
                   transport of hazardous materials. The primary meth-           shipment. This type of survey was done in the San
                   ods are questionnaires, visual surveys, and inspec-           Francisco Bay area and in Indianapolis.
                   tions. Several jurisdictions have sent out question-
                   naires to shippers, carriers, and manufacturers                           Truck Studies-State
                   requesting information about hazardous materials
                   shipments and the routes most frequently used.                  Several States have successfully conducted su@veys
                     Analysts in the Puget Sound Region, using ques-             of the volume and types of hazardous materials car-
                                                                                 ried by truck. In many cases, the States have had
                   tionnaire responses, truck route locations, and other         the resources and the authority to combine a visual
                   information provided by local governmental depart-            survey with an inspection and driver interview. The
                   ments, mapped the routes by which 85 target com-              earliest full-scale study was carried out in 1977 to
                   modities moved within and through the region. The             1978 by the Virginia Department of Transportation
                   results of the research were useful, but the process          Safety as part of a multimodal analysis of hazard-
                   was time-consuming and complex. Many firms did                ous materials transportation. During July and Au-
                   not answer the parts of the questionnaire concern-            gust 1977, all trucks passing 38 survey points on In-
                   ing routes most frequently used, and planners had             terstate and primary roads were stopped by State
                   to make assumptions and later verify them by a                or local police. Shipping papers were inspected, and
                   visual check of truck movements. This involved                the drivers were interviewed on the types of mate-
                   recording placarded trucks according to commodity             rials carried, origin and destination of the trip, and
                   type at several strategic locations over a 17-day             the sequence of routes taken. Officers also checked
                   period.                                                       to see if the placarding was correct and classified
                     Memphis used a questionnaire to gather data from            the carrier as company-owned, independent, com-
                   local shippers and manufacturers, but only 28 out             mon carrier, or personal vehicle. The study find-
                   of 68 firms responded to the initial request for com-         ings provided Virginia officials with a current data-
                   modity flow information. I I City officials believe that      base on commodity flow and a good measure of the
                   some respondents reported low volumes of hazard-              level of compliance with existing Federal and State
                   ous materials, especially petroleum products, and             regulations. The survey found that 13 percent of the
                   State Highway Department tax records showed that              trucks carried hazardous materials, of which 76 per-
                   the truckers had substantially underreported the              cent was flammable, combustible, or corrosive liq-
                   flammables category on the questionnaire. In a sur-           uid. Petroleum products were the most.common car-
                   vey conducted recently of manufacturers and trans-            goes."
                   porters of hazardous materials in the New York City             Virginia conducted a followup survey between
                   and New Jersey area, only 20 percent of those                 April and December 1978, using nine survey points
                   solicited returned completed questionnaires. This             located at weigh stations along Interstate routes. Re-
                   response, however, was considered high, since                 searchers found that, by reducing the number of sur-
                   gathering and supplying the requested information             vey points, the costs of the study were substantially
                   was time-consuming, and most firms do not nor-                reduced, and the data yield per man-hour increased.
                   mally record production and shipping information
                   according to hazard class or routing patterns.14                The findings of the survey showed a drop in the
                                                                                 percentage of trucks carrying hazardous materials,
                     Other localities, without the time or resources for         from 13 percent in 1977 to 7 percent in 1978. It is
                   questionnaires, have resorted to visual surveys of            not clear whether this drop was related to the de-
                   trucks along major highways. Checkpoints, usually             crease in checkpoints. The total quantity of hazard-
                                                                                 ous cargoes did not decrease similarly. The average
                     13City of Memphis Division of Fire Services, Hazardous Materials
                   Task Force Final Report (Memphis, TN: 1981), p. 24.             15J.W. Schmidt and D.L. Price, Virginia Polytechnic Institute, Haz-
                     14Raymond Scanlon, "A Regional Study on Hazardous Materials ardous Materials Transportation in Virginia (Richmond, VA: Virginia
                   Transportation," draft report, Port Authority ofNew York, 1983, p. 15. Department of Transportation Safety, 1980), p. XII.

                                                                                                                                       63

                      load per truck increased from 8.6 tons in 1977 to           found that although independent truckers carry 50
                      12.9 tons in 1978. The researchers could not explain        percent of the cargo, they are involved in 75 per-
                      the variation between 1977 and 1978 in volume and           cent of the accidents.18
                      load per vehicle. The study has not been updated,             In 1982 and 1983, the South Dakota Department
                      so the question remains unanswered. The heaviest            of Public Safety surveyed drivers and inspected ap-
                      hazardous materials traffic was on Interstate high-         proximately 340,000 trucks at highway checkpoints.
                      ways in and around cities, because urban areas are          Less than I percent of the trucks carried hazardous
                      the principal origins and destinations of petroleum         materials. The most common hazardous materials
                      products. The number of placarding violations               cargos were flammable liquids, explosives, corrosives,
                      found by inspectors increased from 34 percent in            and flammable gases. The two Interstate highways
                      1977 to 55 percent in 1978.                                 passing through South Dakota were used for at least
                        According to one Virginia official, the State hopes       part of the trip by 90 percent of all hazardous ma-
                      to develop trained response teams for high-risk             terials shipments. The survey found that 55 percent
                      areas." In the meantime a number of localities in           of the hazardous materials shipped were intrastate,
                      Virginia have developed their own emergency re-             primarily flammable liquids and gases. These find-
                      sponse training plans. For example, Newport News,           ings are consistent with the results of other studies.
                      Virginia, has instituted hazardous materials Level          In addition, questionnaires were sent to a 10-percent
                      1, 11, and III certification programs."                     sample of all carriers and to all shippers located in
                        Several States, including Maryland, Illinois, South       South Dakota. Approximately one-half responded.
                      Dakota, and Arizona, have analyzed hazardous ma-            The results generally substantiated the highway in-
                      terials transportation as part of the SHMED pro-            spection findings concerning route used, load size,
                      gram, which allowed assessments of the volume and           and predominant type of cargo. Most intrastate ship-
                      nature of hazardous materials traffic. Over a 1-year        ments were local deliveries of 25 miles or less, usu-
                      period from October 1981 to September 1982, Wash-           ally originating in one of the larger cities. Although
                      ington State conducted a truck study, surveying the         most deliveries were local, carriers indicated that
                      amounts of hazardous materials moving through the           their trucks spent as much as 40 percent of their
                      State and the type of carrier used. The study found         time on Interstate highways.19
                      that approximately 400 million tons, 175 million gal-         OTA research indicates that even when State
                      lons, and 17 million cubic feet of hazardous mate-          transportation data collection programs are in place,
                      rials moved annually through the State.                     cities within the State are not aware of this data re-
                        The Washington State methodology was similar              source and consequently do not make use of it.
                      to that of the Virginia study. The State Utilities and             Rail Studies- Local/Regional
                      Transportation Commission set up checkpoints at
                      I I locations on major highways. All trucks were              Data collection on bulk rail shipments of hazard-
                      stopped and checked for 4-hour periods twice a              ous materials can be extremely important to many
                      month. The checks included an inspection of ship-           cities, particularly rail distribution centers such as
                      ping papers and an interview with the driver about          Memphis and Indianapolis, where data are needed
                      cargo, quantity carried, origin, destination, and type      for emergency planning and response purposes. In-
                      of carrier. The data were tabulated and sorted using        formation on commodities transported, measured
                      the Automated Hazardous Materials Surveillance              by rail carloads, is generally available on request
                      Program, a computer program designed for the study          from the major railroads, most of which have com-
                      that can sort survey data according to date, loca-          puterized cargo records. Computer information in-
                      tion, commodity, and truck type and cross-check             dicating the location of hazardous materials cars in
                      it with accident and violation data. Researchers            the train and instructions on emergency response

                        16Steve Gainor, Virginia State Emergency Management Agency, per- "U.S. Department of Transportation, Materials Transportation Bu-
                      sonal interview with OTA staff, July 1985.                  reau, SHMED Program Workshop Proceedings, Salt Lake City, Utah,
                        17T.S. Walls, Fire Chief, Newport News, VA, personal communica- 1983 (Washington, DC: 1983), p. 206.
                      tion, Nov. 1, 1985.                                           191bid., p. 186.

                        52-648 0 - 86 - 4 : QL 3

                  64

                  procedures is available on the train as well as              most of the interstate and intrastate point-to-point
                  through railroad offices. Conrail can provide                rail line distances in Massachusetts are relatively
                  detailed print-outs listing the type and quantities          short, making truck service very competitive.
                  of hazardous materials carried on each section of              Virginia, as part of a multimodal study in 1977
                  the line. For example, in Indianapolis, Conrail pro-         to 1978, collected data from the 10 railroads serv-
                  vided planners with the number of rail cars carry-           ing the State. The railroads provided waybill sam-
                  ing specific types of hazardous materials that origi-        ples for subsections of each line. With this infor-
                  nated and terminated in the city's three major rail          mation, analysts estimated the number of cars per
                  yards.20 In communities served by other railroads,           day carrying hazardous materials, the tons of haz-
                  the availability and detail of the data depend on the        ardous materials carried per day, and the number
                  extent to which the line is computerized. In addi-           of trains containing hazardous materials cars. In
                  tion, the Association of American Railroads has              most cases, the class of the hazardous material was
                  compiled a list of the 138 chemicals most frequently         identified, and the data tabulated by DOT hazard
                  carried by the railroads. It has developed detailed          class. When waybill information was not available,
                  fact sheets for the commodities that are incorporated        researchers had great difficulty gathering reliable
                  into computerized train information and waybills.21          data.23 The study findings showed that corrosives
                    Memphis has produced a detailed profile of haz-            accounted for almost half the volume of hazardous
                  ardous materials flows from data provided by the             materials transported by rail (or approximately 195
                  six railroads serving the city. Even though local plan-      tons per day), followed by flammable liquids with
                  ners were aware that a large volume of hazardous             51 tons per day, and nonflammable compressed gas
                  materials was handled by railroads in Memphis, the           with 43 tons per day. Corrosive materials and flam-
                  daily average of 150 rail cars carrying a total of           mable liquids, primarily petroleum products, ac-
                  10,000 tons surprised them.    12 In the Indianapolis        counted for 58 percent of the total hazardous ma-
                  and Memphis studies, the mix of commodities shipped          terials shipped by rail and 52 percent of all hazardous
                  by rail from local firms was found to be the same            materials shipped by truck. The heaviest rail flow
                  as the national mix carried by all railroads, prob-          of hazardous cargo was in and around cities, a reflec-
                  ably because both cities are major rail transfer points      tion of the demand for petroleum products in urban
                  or chemical distribution centers.                            areas.
                                Rail Studies-State                               The State of Oregon requires annual summaries
                                                                               by milepost segment of all rail shipments of Class
                    Only a few statewide studies of rail transporta-           A explosives and poisons. These data are used for
                  tion of hazardous materials have been conducted.             emergency response planning.
                  Massachusetts, as part of the research phase of a
                  1981 planning project, inventoried all the major rail                Air Transportation Studies
                  lines in the State and obtained information on the             The transportation of hazardous materials by air
                  types and quantities-in carloads-of hazardous ma-            is controlled by the Federal Aviation Administra-
                  terials shipped by three of the four largest railroads.      tion's (FAA) Civil Security Division. Since hazard-
                  Researchers concluded that relatively small amounts          ous shipments account for less than 3 percent of to-
                  of hazardous materials were moved by rail in Mas-            tal hazardous materials tonnage moved nationally
                  sachusetts. In 1980, for instance, Conrail transported       and since shipments are generally small, State and
                  less than 1,700 carloads of hazardous materials in           local governments do not appear to be particularly
                  the Commonwealth. The study pointed out that                 concerned about air transport. At the New Orleans,
                                                                               Memphis, and Boston airports, for example, FAA
                    20City of Indianapolis, IN, Demonstration Project to Develop a Haz- conducted surveys of the types and quantities of
                  ardous Materials Accident Prevention and Emergency Response Plan
                  (Washington, DC: U.S. Department of Transportation, 1983), p. 36. hazardous materials shipments and provided local
                    2'Patrick J. Student (ed.), Emergency Handling of Hazardous Mate- planners with the data. To augment FAA data, re-
                  rials in Surface Transportation (Washington, DC: Bureau of Explo-
                  sives, Association of American Railroads, 1981).
                    "National Conference of State Legislatures, op. cit.         "Schmidt and Price, op. cit., pp. 113-115.

                                                                                                                                       65

                      searchers in at least two DOT demonstration studies
                      obtained data on shipment characteristics for the
                      air freight carriers. Local planners do not have ac-                                            F
                      cess to information on hazardous materials carried
                      by military aircraft.
                                                                                                  To
                             Water Transportation Studies                                       OAK R
                                                                                           RAUP*10A
                        Ports play an important role in hazardous mate-
                                                                                          WTI      LOS.
                                                                                                                       A.
                      rials commerce. For example, 4.5 million tons of haz-
                      ardous materials pass through the Port of Seattle           F,
                      each year-about 27 percent of the total cargo han-                                           A.
                      dled. Over half of the Nation's chemicals move
                      through the Port of Houston. Local planners rely
                      on studies by the U.S. Corps of Engineers as their                                   TYPPE     A
                      primary data source. The corps compiles the type                      ...
                      and quantities of commodities transported into and
                                                                                                                W
                      in the United States. The corps provided Massa
                      through all major navigable waterways and harbors                                           jolt,

                      chusetts researchers with the annual tonnage by                    Photo credit: Research and Special Programs Administration, DOT
                      commodity group for 1978 for both the main Bos-                        Marking for radioactive materials,
                      ton Harbor and the nearby New Bedford Harbor.                           required by Federal regulations.
                      However, the data classification system used by the
                      corps does not always identify specific commodities.
                      For instance, the "basic chemicals" category con-           grams and in Federal and State enforcement efforts.
                      tains some nonhazardous materials; this leads to            These studies, stimulated by State and local con-
                      overestimates of the actual amounts of hazardous            cerns over lack of adequate surveillance of shipments
                      materials. However, none of the States or cities re-        of low-level radioactive materials and wastes, effec-
                      viewed by OTA found this problem sufficient rea-            tively proved the advantages of and need for con-
                      son to conduct a separate or additional study. Two          tinued inspection and enforcement training and im-
                      port cities, Seattle and Boston, supplemented the           plementation at Federal and State levels.  14  Interest
                      corps data with information on tonnage of com-              in enforcement of regulations governing radioactive
                      modities available from local regulatory agencies and       materials led to broader Federal and State cooper-
                      the U.S. Coast Guard.                                       ative efforts on the general problem of prevention
                                                                                  and emergency response planning for all types of
                             Federal Data on Shipment of                          hazardous materials.
                          Radioactive Materials and Wastes                          Data on movement for high-evel radioactive ma-
                                                                                  terials and wastes, including spen, fuel, are treated
                        In 1973 to 1975 and 1977 to 1981, two series of           differently from other hazardous materials data-
                      studies involving a number of States were conducted         both legally and iltistitutionally. DOT has primary
                      jointly by the Nuclear Regulatory Commission                responsibility for surveillance and monitoring of low-
                      (NRC) and DOT for the purpose of collecting in-             level radioactive materials and wastes, while DOT
                      formation on the transportation of low-level radio-         and NRC share regulatory and enforcement author-
                      active materials. These studies were the foundation         ity for high-level radioactive materials and wastes.
                                                                                                       WE
                                                                                                       ow

                      for what became the SHMED program to help de-
                      velop State prevention and enforcement capability.            NRC requires licensees to provide advance no-
                      Data were gathered on low-level radioactive waste           tice for certain nuclear shipments to provide physi-
                      sites; shipments by highway, air, and water, and the         "Steve N. Solomon, State Surveillance ofl?ac@oactive Material Trans-
                      history of accidents and incidents. Findings were           portation, NUREG-1015 (Washington, DC: U.S. Nuclear Regulatory
                      used to determine gaps in Federal regulatory pro-           Commission, Office of State Programs, 1984), p. 5.

                    66

                    cal protection of special nuclear materials to prevent            tial source of information. The Battelle study, cited
                    theft, diversion, or sabotage, and to notify NRC re-              above, identified 136 State and local notification
                    gional offices of impending special shipments of nu-              laws pertaining to hazardous materials transporta-
                    clear materials. These requirements, in effect since              tion. The vast majority of these apply to trucks; a
                    1975, were expanded in 1979 to include spent nu-                  few apply to rail. Of the 136 regulations and ordi-
                    clear fuel. In the NRC Reauthorization Act of 1980,               nances, 62 apply statewide, 42 are local, and 32 apply
                    Congress directed NRC to expand its shipment                      to transportation facilities such as bridges, tunnels,
                    notification procedures to include State govern-                  turnpikes, and airports.16 Notification requirements,
                    ments. In its rulemaking, NRC indicated that:                     as defined by the study, include prenotification by
                       ... the purpose of the rule is to provide States with          shippers and carriers, periodic summaries, and re-
                       information not otherwise available to them, which             ports on individual shipments filed after a trip.
                       will enable them to contribute to the safety, secu-            Prenotification is required by 100 State and local
                       rity and ease of transport of shipments."                      regulations, 14 call for periodic reporting, and 22
                       While there is no central database available on                concern individual trip reports. Local government
                    the number of licensees, information can be ex-                   regulations applying to transportation facilities
                                                                                      almost universally require prenotification. Table 4-
                    tracted from two Federal databases to obtain an ap-               2 lists State and local notification laws and the types
                    proximation of shipping activity for high-level com-              of hazardous materials covered.
                    mercial wastes and materials (excluding Department
                    of Energy shipments). A study conducted by the                      The Battelle study found that State and local gov-
                    Battelle Memorial Institute for DOT analyzed States'              ernments typically give two reasons for enacting
                    use of the information on transport shipments of                  notification requirements: to provide data for plan-
                    spent nuclear fuel through their jurisdictions. Of the            ning (including better routing and safety regula-
                    States surveyed, 14 out of 15 maintain a file of notifi-          tions), and to improve emergency response. Over
                    cations. Five States pass the information on to other             two-thirds of the jurisdictions identified planning
                    State agencies, two make subsequent notifications                 as an important objective of their laws, citing the
                    to other elements of the same agencies, and six sub-              need to gather information about the types and
                    sequently notify officials at both the State and lo-              quantities of materials shipped through their juris-
                    cal levels. Two States make no further notification               dictions and information on trip scheduling and
                    for security reasons.                                             routes frequently used. Many also indicated they
                                                                                      require advance notification to alert response teams
                       The primary benefit of notification identified by              when a potentially hazardous shipment is due.
                    almost all States surveyed was that awareness of im-
                    pending shipments allowed them to take precautions                  Although these regulations could be valuable
                    and alert emergency response agencies. The Battelle               means of gathering data, most produce little usable
                    report concluded that the notification system was                 data because they apply to a very narrow range of
                    working well under current NRC regulatory pro-                    materials or because they are not enforced. State
                    cedures; however, some caution was indicated about                and municipal governments have tended to regu-
                    the adequacy of the notification systems if shipment              late only one high-risk commodity, usually spent fuel
                    levels increase as expected in the 1990s.                         or high-level radioactive wastes, although some also
                                                                                      include other radioactive materials and low-level
                             Notification Laws as Tools                               wastes. Only four States have laws requiring preno-
                                    for Data Gathering                                tification for other classes of hazardous materials.
                                                                                      While data on radioactive materials are important,
                       As part of the search for available and reliable data          such shipments constitute such a small percentage
                    for hazardous materials planning, OTA examined                    of all hazardous materials traffic that prenotification
                    State and local notification requirements as a poten-             for this one class provides only partial satisfaction
                                                                                      of local needs. Recently, some communities have
                       "Battelle Memorial Research Laboratories, Battelle Human Affairs acted to broaden notification requirements to in-
                    Research Center, Assessment of State and Local Notification Require- clude other types of hazardous materials.
                    ments for Transportation of Radioactive and Other Hazardous Mate-
                    rials (Columbus, OH: Jan. 11, 1985), pp. 88-112.                    261bid.

                                                                                                                                                                      67

                                                              Table 4-2.- Commodities Covered by Notification Requirements, 1985

                                                                                                  Spent fuel       Other                     Other
                                                                                                  and/or high- radioactive     Hazardous hazardous
                                                                                                  level waste    materials      wastes      materials
                                              State:
                                              Arkansas        .............................       ..........     .........           X            X
                                              California      .............................            X         .........     .........    ........
                                              Colorado        .............................       ..........     .........           X      ........
                                              Connecticut     ..........................               X              X        .........    ........
                                              Florida         ...............................          X              X        .........    ........
                                              Georgia         ..............................           X              X              X            X
                                              Illinois        ...............................     ..........     .........           X      ........
                                              Louisiana       .............................       ..........     .........           X      ........
                                              Maine           ................................    ..........          X              X      ........
                                              Massachusetts       ........................             X         .........           X      ........
                                              Michigan        .............................            X              X        .........    ........
                                              Mississippi     ...........................              X              X        .........    ........
                                              Nevada          ...............................          X              X        .........    ........
                                              New Hampshire       .......................         ..........     .........     .........          X
                                              New Jersey      ...........................              X              X        .........    ........
                                              New Mexico      ..........................               X              X        .........    ........
                                              North Carolina      ........................             X         .........     .........    ........
                                              Ohio  .................................                  X              X        .........    ........
                                              Oregon          ...............................     ..........     .........     .........          X
                                              Rhode Island    .........................                X              X              X      ........
                                              South Carolina      ........................             X              X        .........    ........
                                              Tennessee       ............................             X         .........        .......
                                              Vermont         ..............................           X              X        .........    ........
                                              Virginia        ..............................           X              X              X      .......
                                                 Total        ...............................          17             14             9            4
                                              Local.
                                              Chickaswa, AL       ........................        ..........     .........           X      ........
                                              Phoenix, AZ     ..........................          ..........     .........           X            X
                                              Tempe, AZ       ............................        ..........     .........     .........          X
                                              Tucson, AZ      ...........................              X              X        .........    ........
                                              Morro Bay, CA       ........................             X              X        .........    ........
                                              New London, CT      ......................               X              X        .........    ........
                                              Garden City, GA     .......................              B              X        .........    ........
                                              Lawrence, KS    .........................                B              X        .........    ........
                                              Covington, KY       ........................             X              X              X            X
                                              Kenner,LA       ...........................         ..........     .........     .........          X
                                              Kent County, MD     ......................               X         .........     .........    ........
                                              Prince George's County, MD        ............           X              X        .........    ........
                                              Newton, MA      ..........................               X         .........     .........    ........
                                              Ypsilanti, MI   ..........................               B              X        .........    ........
                                              Missouli, MT    ..........................               X              X        .........    ........
                                              Binghamton, NY      .......................              X         .........     .........    ........
                                              Geneva, NY      ...........................              X              X        .........    ........
                                              Ithaca, NY      ............................             X              X        .........    ........
                                              Jefferson County, NY      ..................             X              X        .........          X
                                              New York, NY    .........................                X              X        .........    ........
                                              Rockland County, NY        ..................            X              X        .........    ........
                                              St. Lawrence County, NY       ...............            X              X        .........    ........
                                              Syracuse, NY    .........................                X              X        .........    ........
                                              Tompkins County, NY        ..................            X              X        .........    ........
                                              Vestal, NY      ............................             X              X        .........    ........
                                              Yates County, NY       .....................             X         .........     .........    ........
                                              Facilities:
                                              Golden Gate Bridge, CA       ................            X              X        .........    ........
                                              Delaware Memorial Bridge      , DE   ..........          X              X              X            X
                                              Francis Scott Key Bridge, MD        ...........          X              X        .........          X
                                              Harry W. Nice Memorial Bridge, MD           .....        X              X        .........          X
                                              John F. Kennedy Memorial Highway, MD .                   X              X        .........          X
                                              Susquehanna River Bridge, MD         ..........          X              X        .........          X

                  68

                                    Table 4-2.- Commodities Covered by Notification Requirements - Continued

                                                                                Spent fuel     Other                   Other
                                                                               andlor high- radioactive   Hazardous    hazardous
                                                                                 level waste materials     wastes      materials

                                  William Preston Lane, Jr.
                                    Memorial Bridge, MD     ................         X            X       .........       X
                                  Massachusetts Turnpike Authority, MA     ...       X            X       .........    ........
                                  Blue Water Bridge, MI ........    .........        B            B       .........       X
                                  Mackinac Bridge, MI   ...................          X            X       .........       X
                                  Garden State Parkway, NJ    ..............         X            X       .........    ........
                                  Newark International Airport, NJ   ........        X            X       .........       X
                                  New Jersey Turnpike, NJ    ...............         X            X       .........       X
                                  Bayonne Bridge, NY    ...................          X            X       .........       X
                                  George Washington Bridge:
                                    Expressway, NY    .....................          B            X       .........    ........
                                    Lower Level, NY   .....................          B            X       .........    ........
                                    Upper Level, NY   .....................          X            X       I ........      X
                                  Geothals Bridge, NY   ...................          X            X       .........       X
                                  Holland Tunnel, NY  ....................           B            X       .........    ........
                                  Kennedy International Airport, NY   .......        X            X       .........       X
                                  La Guardi@.Airport, NY   .................         X            X       ...   .....     X
                                  Lincoln Tunnel, NY  ....................           B            X       ......... ..
                                  NOTE: X= existing; B= bans on transportation,
                                  SOURCE: Battelle Human Affairs Research Center.

                    Lack of enforcement of notification regulations                 and monthly reports are sent to the nuclear utili-
                  means that there is little reason for shippers and car-           ties in Florida summarizing recent shipments. Ac-
                  riers to comply, and as result, little information is             cording to State officials, the radioactive waste data-
                  gathered. Several local agencies were found to be                 base is useful in long-range planning, and they plan
                  unaware of the notification laws they were supposed               to identify different types of waste streams and use
                  to enforce. Some community officials reported that                the information to improve transportation, treat-
                  they have never received a notification even though               ment, and disposal policies. Massachusetts has six
                  it is required by local ordinance. The Battelle study             notification reguladons governing shipments of haz-
                  observed that, while there are instances of conscien-             ardous wastes: three require individual trip reports,
                  tious enforcement and data collection, many local                 two require periodic reports, and one requires pre-
                  agencies charged with enforcing regulations on pre-               notification. The information gathered is used in
                  notification give the task relatively low priority.               a variety of ways, including verifying delivery of the
                  Often when information is collected, it is simply filed           waste and alerting local health agencies and emer-
                  and not used for planning purposes.                               gency response teams. Carriers' monthly reports are
                    Florida and Massachusetts are among the excep-                  stored in a computerized file and could be referred
                  tions to these conclusions. Florida checks with dis-              to during compliance investigations or matched with
                  posal facilities to identify carriers failing to comply           manifests submitted by shippers, although this pro-
                  with radioactive waste notification requirements.                 cedure has not yet been put into practice.
                  Letters are sent to shippers summarizing violations,

                                                  HAZARDS ASSESSMENT STUDIES

                    State and local planning and emergency prepared-                  A few jurisdictions have used sophisticated math-
                  ness can be improved by studies assessing the                     ematical techniques of risk analysis to estimate the
                  chances of an accident occurring and identifying the              probability of an incident and its severity. Most com-
                  most likely locations. Such assessments are impor-                munities, however, find it adequate to map the areas
                  tant for contingency planning, for practical decisions            where the risk of a hazardous materials incident is
                  about locadng equipment and allocating manpower,                  highest or where there would be the greatest pub-
                  and for developing routing plans.                                 lic danger or the most damage. Data for this type

                                                                                                                                                  69

                         -of study can be assembled either from a fixed facil-            Plan, consultants combined data from transporta-
                         ity inventory or a transportation study. Much use-               tion inventories and data on geographic character-
                         ful information is also available from public records            istics, population density, and environmental con-
                         routinely kept for other purposes by State and lo-               ditions in the region with a mathematical model of
                         cal public works, transportation, environmental,                 hazardous materials behavior in order to predict the
                         and planning departments. Normally a hazard as-                  incidence and impacts of hazardous materials spill      's.
                         sessment requires the following kinds of information:            The analysts also used a fault-tree technique for vari-
                           �  transportation network maps and descriptions;               ous types of transportation equipment to estimate
                           �  highways and streets used by hazardous mate-                probabilities of releases actually occurring as the re-
                              rials carriers;                                             sult of an accident. The results of the Puget Sound
                           �  tunnels, bridges, and rail crossings;                       study were used in making routing recommenda-
                           �  railroad yards and truck terminals;                         tions for trucks carrying liquefied petroleum gas.18
                           �  highway accident data;                                        There have also been some notable State hazard
                           �  locations of past hazardous materials incidents             assessments. Massachusetts and Virginia used data
                              and materials involved;                                     obtained in the inventory studies described earlier
                           �  concentrations of hazardous materials manu-                 to evaluate risk areas in their States. Massachusetts
                              facturing or storage sites;                                 ranked the risks as high, medium, or low for each
                           �  areas of high population density;                           of the 14 fire districts in the State. Among the fac-
                           �  location of schools, hospitals, and other espe-             tors considered were employment in firms produc-
                              cially vulnerable groups; and                               ing or storing hazardous materials, proximity to a
                           �  water supply and sewer facilities.                          port facility, and the volume of truck traffic on the
                         More advanced assessments might also include spe-                major highways. Virginia identified the locations
                         cial analyses of the types and quantities of hazard-             where the risk was highest for both train and truck
                         ous materials transported through the community                  incidents. For rail, the risks were calculated for an
                         and the location of emergency response teams and                 incident on the main track, at highway crossings,
                         equipment.                                                       and in yards. The analysis indicated that the varia-
                                                                                          bles with the highest correlation to accidents were
                           The San Francisco Bay area study drew on infor-                the volume of hazardous materials being trans-
                         mation of this sort to determine the risks in each               ported, the curve of the track, the speed limit for
                         of the nine participating counties. The analysis in-             freight trains, and the grade of the track.
                         cluded a narrative description, supplemented by                    The most difficult data-gathering problem in State
                         maps of each county. In rural Niagara County, plan-              and local studies has been obtaining reliable infor-
                         ners found it adequate to use just three factors to              mation on past hazardous materials incidents. Most
                         assess the probability and impact of highway haz-                fire departments do not keep separate records of haz-
                         ardous materials accidents. Analysts obtained ac-                ardous materials incidents, although fire depart-
                         cident data for trucks from the State Police and in-             ments in some large metropolitan areas are begin-
                         formation on environmentally sensitive areas from                ning to develop special hazardous materials report
                         the county and combined those with data on the                   forms for use in internal planning. State and local
                         volume of hazardous materials flow on the major                  planners usually must rely on outside sources, some
                         highways obtained from a special transportation sur-             of which may be unreliable or contradictory. The
                         vey conducted as part of the study. The analysis                 experience of the Bay Area planners illustrates the
                         showed that areas along the Interstate highway had               difficulty of collecting data on spills: of 16 Federal,
                         the highest risk.21                                              State, regional, and local sources contacted, only
                           Some localities have used more complex mathe-                  9 could provide data on past incidents within the
                         matical-risk models. As part of the Puget Sound                  timeframe of the demonstration study. Moreover,

                           "Waste Resource Associates for the Niagara County Legislature, Dem-
                         onstration Project to Develop a Hazardous Materials Accident Preven- "Battelle Memorial Research Laboratories, Hazardous Materials
                         tion and Emergency Response Plan (Washington, DC: U.S. Depart-   Transportation Risks in the Puget Sound Region (Washington, DC:
                         ment of Transportation, 1983), pp. 3-4.                          U.S. Department of Transportation, 1981), p. 1-1.

                  70

                  these sources did not have a common standardized             tains a truck registry list and monitors the accident
                  format, and sources reporting the same incident              record of trucking companies as part of its inspec-
                  often varied considerably. The U.S. Coast Guard              tion program. It also uses this registry to report to
                  Pollution Incident Reporting System for spills on            the Interstate Commerce Commission on the safety
                  navigable water was found to be particularly useful          record of carriers applying for an additional license.
                  since it contained detailed and comprehensive re-               State and local researchers trying to analyze ac-
                  porting of date, time, location, material, quantity,         cident records for their area studies report that the
                  source, cause, and anticipated cleanup costs.                OHMT incident file is not useful to them, however.
                    The DOT Office of Hazardous Materials Trans-               A New York City study found that when 30 major
                  portation (OHMT) maintains a file of all reported            spills widely reported in the press were tracked
                  incidents involving spills of hazardous materials in         through the OHMT records, only 12 were found.
                  interstate commerce, and State and local agencies            The 18 unreported incidents, according to press
                  have access to this information. Because OHMT's              reports, had resulted in 18 deaths, 9 persons miss-
                  reporting rules do not, in most cases, require reports       ing, and 187 injured.19 Even if a State keeps com-
                  on spills in intrastate commerce, many truck acci-           plete accident records, local staffs are usually unaware
                  dents of considerable local significance do not show         of this resource, and many communities find their
                  up in OHMT's file. It is the responsibility of each          own accident data incomplete. Niagara County, for
                  transportation company involved in an incident in-           example, had too few recorded hazardous materi-
                  volving a spill of hazardous materials, as defined by        als transportation accidents to draw significant in-
                  Federal regulations, to report it to OHMT. Cur-              ferences. On the other hand, Memphis planners
                  rently no effective enforcement exists for this Fed-         found a wealth of information in the 972 incidents
                  eral regulation, so, in effect, accident reporting is        recorded by the city fire department in a single year.
                  voluntary. In addition to the OHMT incident file,
                  the FHWA Bureau of Motor Carrier Safety main-                  "Scanlon, op. cit., p. 48.

                                                                     FINDINGS

                  � Financial assistance for data collection and                  Data on commodity flow is needed by State and
                    planning activities is needed by many localities.             local governments for hazard assessments and
                    Potential sources of funds include Federal, State,            planning. Databases pertaining to commodity
                    and local government cooperative programs with                flow are kept by various Federal agencies, but the
                    industry, and registration or user fees.                      agencies do not use the same commodity iden-
                                                                                  tification codes, and the databases are not inter-
                  � Hazardous materials storage facility inventories              active. Consequently, the data are not useful to
                    provide important background for hazardous                    State and local governments.
                    materials transportation planning, as well as
                    data for response and prevention planning.                    Because of the absence of a reliable national
                    Data may be developed from questionnaire sur-                 hazardous materials transportation database,
                    veys, public records, and industrial directories.             State and local governments have undertaken
                    Questionnaires often require followup and are                 their own studies to determine what is trans.
                    most effective when sent out under the auspices               ported near, within, and through their commu.
                    of public agencies such as fire departments.                  nities.
                                                                                  -Successful State surveys combine truck and
                  � Local advisory committees can be very helpful                    cargo inspection with driver interviews. Visual
                    in identifying the hazardous substances to be in.                counts of placarded trucks have several draw-
                    ventoried and in soliciting the cooperation of                   backs, because many trucks are placarded in-
                    the private business sector.                                     correctly or not at all.

                                                                                                                                  71

                         -Rail commodity flow data are increasingly avail-        Department of Defense and Department of
                           able as the industry computerizes.                     Energy shipments of explosives or radioactive
                         -Data on types and quantities of hazardous ma-           materials are of concern to State and local gov.
                           terials transported by air and water do not ap-        ernments, which understand the need for se,
                           pear to be major concerns for States and local         crecy about such shipments, but want guaran.
                           communities.                                           tees that Federal enforcement and emergency
                                                                                  response efforts will be adequate when an ac.
                         A reliable, comprehensive Federal accident rec-          cident occurs.
                         ord system is needed. Current Federal efforts
                         are too fragmented to be useful to State and lo.
                         cal agencies.

                          Appen  ixes

                                                                                                                                                               Appendix A
                                                                        State Authority for Hazardous
                                                                                             Materials Transportation

                                 Hazardous Materials Transportation:                                             Radioactive Materials Transportation:
                                       Regulatory, Enforcement, and                                                     Regulatory, Enforcement, and
                                              Emergency Response*                                                               Emergency Response

                              Alabama                                                                           Alabama
                              R-Public Service Commission                                                       R-State Board of Health
                              E-Public Service Commission                                                       E-Inspectors
                              ER-Civil Defense Department                                                       ER-Civil Defense Department
                              Alaska                                                                            Alaska
                              R-Public Service Commission                                                       R-Department of Health and Social Services
                              E-Not specified                                                                   E-Not specified
                              ER-Division of Emergency Services                                                 ER-Division of Emergency Services
                              Arizona                                                                           Arizona
                              R-Industrial Commission                                                           R-Corporation Commission, Motor Transport
                              E-Not specified                                                                       Division
                              ER-Division of Emergency Services                                                 E-Not specified
                                                                                                                ER-Division of Emergency Services
                              Arkansas                                                                          Arkansas
                              R-Transportation Commission                                                       R-Transportation Commission
                              E-Transportation Commission,                 State Police, State                  E-State Police, State Highway Department
                                  Highway Department                                                            ER-Office of Emergency Services
                              ER-Office of Emergency Services
                              California                                                                        California
                              R-Department of the California Highway Patrol                                     R-Department of Health Services, Radiological
                              E-Highway Patrol                                                                      Health Section, Department of Transportation,
                              ER-Office of Emergency Services                                                       California Highway Patrol, Motor Carrier
                                                                                                                    Division, California Energy Commission
                                                                                                                E-Health Department officers, Division of Industrial
                                                                                                                    Safety, Public Service Commission, any traffic
                                                                                                                    officer
                                                                                                                ER-Office of Emergency Services
                              Colorado                                                                          Colorado
                              R-Public Service Commission                                                       R-Department of Public Health, Public Utilities
                              E-Not specified                                                                       Commission
                              ER-Office of Civil Defense                                                        E-Inspectors, State Patrol officers
                                                                                                                ER-Office of Civil Defense
                              Connecticut                                                                       Connecticut
                              R-Public Safety Commission                                                        R-Department of Transportation; Environmental
                              E-Local fire marshal of each             town, city, or borough                       Protection, Radiation Control; Public Safety
                              ER-Office of Civil Preparedness                                                   E-Inspection procedure developed by Commissioner
                                                                                                                    of Public Safety, Radiation Control, State Police,
                                                                                                                    Public Safety
                                                                                                                ER-Office of Civil Preparedness
                                  'National Conference of State Legislatures, "Hazardous Materials Transportation, A Legislator's Guide," 1983, p. 95, and Association of American Railroads,
                              "Nuclear EmeTgency Response Planning for Railroads," November 1984, p, F-3.
                                  *R =Regulatory; E =Enforcernent; ER =Emergency Response.

                                                                                                                                                                                       75

                   76

                   Delaware                                                           Delaware
                   R-Commission on Transportation of Hazardous                        R-Commission on Transportation of Hazardous
                      Materials                                                          Materials
                   E-Not specified                                                    E-Departments represented on Commission, State
                   ER-Division of Emergency Planning and Operations                      Police
                                                                                      ER-Division of Emergency Planning and Operations
                   Florida                                                            Florida
                   R-Department of Insurance                                          R-Public Service Commission, Department of
                   E-State Fire Marshal                                                  Health and Rehabilitative Services
                   ER-Bureau of Disaster Preparedness                                 E-Uniformed officers, Department of Health and
                                                                                         Rehabilitative Services
                                                                                      ER-Bureau of Disaster Preparedness
                   Georgia                                                            Georgia
                   R-Department of Transportation                                     R-Department of Transportation
                   E-Department of Transportation,         any law                    E-Department of Transportation, any law
                      enforcement officer                                                enforcement officer
                   ER-Department of Civil Defense                                     ER-Department of Civil Defense
                   Hawaii                                                             Hawaii
                   R-Not specified                                                    R-Not specified
                   E-Not specified                                                    E-Not specified
                   ER-Office of Civil Defense                                         ER-Office of Civil Defense
                   Idaho                                                              Idaho
                   R-Department of Transportation                                     R-Public Utilities Commission, Department of
                   E-Department of Transportation,         police officers               Environmental and Community Services
                      authorized in writing                                           E-Department of Transportation, State Police
                   ER-Military Division, ING                                          ER-Military Division, ING
                   Illinois                                                           Illinois
                   R-Department of Transportation                                     R-Department of Transportation, Public Service
                   E-Department of Transportation, law enforcement                       Commissioner, Department of Nuclear Safety
                      officers                                                        E-State Police, weigh station officers
                   ER-Emergency Services and Disaster Agency                          ER-Emergency Service and Disaster Agency
                   Indiana                                                            Indiana
                   R-Public Service Commission                                        R-Public Service Commission, Indiana Fall Bridge
                   E-Not specified                                                       Commission, Board of Health, Radiological
                   ER-Department of Civil Defense and Emergency                          Health Section
                      Management                                                      E-State Police, weigh station officers
                                                                                      ER-Department of Civil Defense and Emergency
                                                                                         Management
                   'Iowa                                                              Iowa
                   R-Department of Environmental Quality, State Fire                  R-Department of Environmental Quality,
                      Marshal, city governments, Commission on Public                    Department of Transportation
                      Safety                                                          E-Uniformed enforcement personnel at weigh
                   E-Department of Environmental Safety, State Fire                      stations
                      Marshal                                                         ER-Department of Public Defense
                   ER-Department of Public Defense
                   Kansas                                                             Kansas
                   R-Department of Transportation                                     R-Department of Health and Environment
                   E-Not specified                                                    E-According to Nuclear Regulatory Commission
                   ER-Division of Emergency Preparedness                                 agreement
                                                                                      ER-Division of Emergency Preparedness

                                                                                                                                        77

                        Kentucky                                                    Kentucky
                        R-Not specified                                             R-Department of Human Resources, Radiation
                        E-Not specified                                                Control Branch
                        ER-Office of Disaster and Emergency Services                E-Not specified
                                                                                    ER-Office of Disaster and Emergency Services
                        Louisiana                                                   Louisiana
                        R-Department of Transportation                              R-Department of Natural Resources, Nuclear
                        E-Department of Transportation                                 Energy Division, Department of Public Safety
                        ER-Department of Public Safety                              E-State Police
                                                                                    ER-Department of Public Safety
                        Maine                                                       Maine
                        R-Not specified                                             R-Department of Human Resources, Radiological
                        E-Not specified                                                Health
                        ER-Bureau of Civil Emergency Preparedness                   E-Not specified
                                                                                    ER-Bureau of Civil Emergency Preparedness
                        Maryland                                                    Maryland
                        R-Department of Transportation Authority                    R-Department of Transportation, Vehicle
                        E-Not specified                                                Administration; Department of Health and
                        ER-Civil Defense and Disaster Preparedness Agency              Mental Hygiene
                                                                                    E-Toxic Substance Control Inspector-personnel
                                                                                       accompany State Police
                                                                                    ER-Civil Defense and Disaster Preparedness Agency
                        Massachusetts                                               Massachusetts
                        R-Department of Public Utilities                            R-Department of Public Works
                        E-Not specified                                             E-Can issue violation citations
                        ER-Division of Public Safety                                ER-Division of Public Safety
                        Michigan                                                    Michigan
                        R-Fire Safety Board                                         R-State Police; Fire Marshal Division; Department
                        E-State Fire Marshal                                           of Public Health, Radiation Division
                        ER-Emergency Services Division                              E-State Patrol, contract with U.S. Department of
                                                                                       Transportation and Nuclear Regulatory
                                                                                       Commission to identify and report violations
                                                                                    ER-Emergency Services Division
                        Minnesota                                                   Minnesota
                        R-Department of Transportation                              R-Department of Transportation, Office of Rate
                        E-Not specified                                                and Regulation; Department of Health, Radiation
                        ER-Division of Emergency Services                              Control Section
                                                                                    E-Motor transportation representatives, U.S.
                                                                                       Department of Transportation
                                                                                    ER-Division of Emergency Services
                        Mississippi                                                 Mississippi
                        R-Department of Public Safety                               R-Public Service Commission; State Board of
                        E-Not specified                                                Health, Division of Radiation Protection
                        ER-Emergency Management Agency                              E-U.S. Department of Transportation
                                                                                    ER-Emergency Management Agency
                        Missouri                                                    Missouri
                        R-Public Service Commission                                 R-Public Service Commission
                        E-Not specified                                             E-Inspectors-no enforcement capability
                        ER-Office of Civil Defense                                  ER-Office of Civil Defense

                 78

                 Montana                                                   Montana
                 R-Division of Motor Vehicles                              R-Department of Health and Environmental
                 E-Not specified                                              Sciences, Public Service Commission
                 ER-Department of Military Affairs                         E-Inspectors who respond to accidents and report
                                                                              noncompliance to U.S. Department of
                                                                              Transportation, Highway Patrol, Gross Vehicle
                                                                              Weight Division inspectors
                                                                           ER-Department of Military Affairs
                 Nebraska                                                  Nebraska
                 R-Public Service Commission                               R-Public Service Commission, Motor
                 E-Not specified                                              Transportation Department; Department of
                 ER-Civil Defense Agency                                      Roads; Department of Health, Division of
                                                                              Radiological Health
                                                                           E-Inspectors, weigh station enforcement, emergency
                                                                              response only
                                                                           ER-Civil Defense Agency
                 Nevada                                                    Nevada
                 R-Public Service Commission                               R-Public Service Commission, Transportation
                 E-Public Service Commission                                  Division, State Department of Human Resources
                 ER-Division of Civil Defense  and Disaster                E-Inspectors, Beatty site inspectors
                    Preparedness                                           ER-Division of Civil Defense and Disaster
                                                                              Preparedness
                 New Hampshire                                             New Hampshire
                 R-Not specified                                           R-Department of Health and Welfare, Bureau of
                 E-Not specified                                              Environmental Health
                 ER-Civil Defense Agency                                   E-State Police
                                                                           ER-Civil Defense Agency
                 New Jersey                                                New Jersey
                 R-Department of Labor and Industry                        R-Department of Labor and Industry, Division of
                 E-Not specified                                              Workplace Standards; Department of
                 ER-State Police                                              Environmental Protection, Bureau of Radiation
                                                                              Protection
                                                                           E-State Police
                                                                           ER-State Police
                 New Mexico                                                New Mexico
                 R-Transportation Department                               R-Corporation Commission, Transportation
                 E-Not specified                                              Division, Department of Health and Environment
                 ER-Office of Civil Defense                                E-Weigh stations
                                                                           ER-Office of Civil Defense
                 New York                                                  New York
                 R-Department of Transportation                            R-Department of Environmental Conservation,
                 E-Department of Transportation                               Bureau of Hazardous Waste; Department of
                 ER-Not specified                                             Transportation, Traffic and Safety Division
                                                                           E-Department of Transportation, State Police,
                                                                              Federal Highway Authority

                                                                                                                                  79

                      North Carolina                                            North Carolina
                      R-Public Utilities Commission                             R-North Carolina Utilities Commission,
                      E-Public Utilities Commission                               Department of Human Resources, Division of
                      ER-Not specified                                            Facility Services, mobile inspectors and
                                                                                  cooperation with Highway Patrol, Public Service
                                                                                  Motor Carrier Division of Motor Vehicles
                                                                                E-Commission officers, often accompanied by
                                                                                  personnel from the Highway Patrol, License and
                                                                                  Theft Section and from Radiation Health, mobile
                                                                                  inspectors and cooperation with Public Service
                                                                                  Motor Carrier Division of Motor Vehicles
                                                                                ER-Not specified
                      North Dakota                                              North Dakota
                      R-Public Service Commission                               R-Public Service Commission, Department of
                      E-Not specified                                             Health, Motor Vehicle Department
                      ER-Disaster Emergency Services                            E-Highway Department and Patrol, emergency
                                                                                  response
                                                                                ER-Disaster Emergency Services
                      Ohio                                                      Ohio
                      R-Department of Transportation                            R-Department of Health, Public Utilities
                      E-Not specified                                             Commission
                      ER-Disaster Services Agency                               E-Field officers
                                                                                ER-Disaster Services Agency
                      Oklahoma                                                  Oklahoma
                      R-Department of Public Safety                             R-Department of Health
                      E-Not specified                                           E-Emergency response organizations
                      ER-Civil Defense Agency                                   ER-Civil Defense Agency
                      Oregon                                                    Oregon
                      R-Public Utilities Commission                             R-Public Utilities Commission; Department of
                      E-Not specified                                             Human Resources, Radiation Control Section;
                      ER-Emergency Services Division                              Department of Energy
                                                                                E-Inspectors; emergency response, backup for Public
                                                                                  Service Commission
                                                                                ER-Emergency Services Division
                      Pennsylvania                                              Pennsylvania
                      R-Hazardous   Substances Transportation Board             R-Department of Transportation, Hazardous
                      E-Various                                                   Substances Transportation Board
                      ER-Emergency Management Agency                            E-State Police, Department of Revenue, Bureau of
                                                                                  Motor Vehicles, Members of the Hazardous
                                                                                  Substances Transportation Board
                                                                                ER-Emergency Management Agency
                      Rhode Island                                              Rhode Island
                      R-Consumer Council-hazardous materials                    R-Department of Health, Division of Public
                        packaged for consumer consumption                         Utilities, carriers
                      E-Not specified                                           E-Coordinated with Division of Public Utilities,
                      ER-Defense Civil Preparedness Agency                        Radiation Control, Civil Defense, Transportation
                                                                                  and Police
                                                                                ER-Defense Civil Preparedness Agency

                 80

                 South Carolina                                          South Carolina
                 R-Not available                                         R-Department of Health and Environmental
                 E-Not available                                           Control, Public Service Commission,
                 ER-Not specified                                          Transportation Division available
                                                                         E-Barnwell site inspection, checkpoints, and
                                                                           random stops
                                                                         ER-Not specified
                 South Dakota                                            South Dakota
                 R-Department of Public Safety                           R-Department of Health, Sanitation and Safety
                 E-Department of Public Safety                             Program, Office of the Governor
                 ER-Office of Civil Defense                              E-Department of Public Safety, accompany U.S.
                                                                           Nuclear Regulatory Commission personnel on
                                                                           inspections
                                                                         ER-Office of Civil Defense
                 Tennessee                                               Tennessee
                 R-Public Service Commission                             R-Department of Public Health, Division of
                 E-Public Service Commission                               Radiological Health; Public Service Commission,
                 ER-Not specified                                          Motor Carrier Division
                                                                         E-Weigh station inspectors, inspectors
                                                                         ER-Not specified
                 Texas                                                   Texas
                 R-Department of Public Safety                           R-Department of Health; Department of Public
                 E-Not specified                                           Safety, Division of Disaster and Emergency
                 ER-Division of Disaster Emergency Services                Services
                                                                         E-Radiation specialists on compliance staff, highway
                                                                           troopers
                                                                         ER-Division of Disaster Emergency Services
                 Utah                                                    Utah
                 R-Department of Transportation                          R-Department of Transportation, Division of Safety
                 E-Not specified                                         E-Highway and rail inspectors
                 ER-Division of Comprehensive Emergency                  ER-Division of Comprehensive Emergency
                    Management                                             Management
                 Vermont                                                 Vermont
                 R-Department of Transportation                          R-Department of Health
                 E-Department of Transportation                          E-State Police at weigh stations
                 ER-Civil Defense Division                               ER-Civil Defense Division
                 Virginia                                                Virginia
                 R-State Board of Health                                 R-Department of Health, Bureau of Radiological
                 E-State Police                                            Health
                 ER-Office of Emergency  and Energy Services             E-Shared responsibility of personnel from
                                                                           Emergency Services Office and Bureau of
                                                                           Radiological Health
                                                                         ER-Office of Emergency and Energy Services
                 Washington                                              Washington
                 R-State Patrol                                          R-State Patrol, Department of Social and Health
                 E-State Patrol                                            Services, Utilities and Transportation Commission
                 ER-Department of Emergency Services                     E-Inspectors
                                                                         ER-Department of Emergency Services

                                                                                                                            81

                     West Virginia                                          West Virginia
                     R-Public Service Commission                            R-Department of Health, Industrial Hygiene
                     E-Not specified                                           Division
                     ER-Office of Emergency Services                        E-Not specified
                                                                            ER-Office of Emergency Services
                     Wisconsin                                              Wisconsin
                     R-Public Service Commission                            R-Transportation Commission, Tariff Division
                     E-Not specified                                        E-Investigators, enforcement by Department of
                     ER-Division of Emergency Government                       Transportation State Patrol Troopers
                                                                            ER-Division of Emergency Government
                     Wyoming                                                Wyoming
                     R-State Highway Commission                             R-Public Service Commission
                     E-Not specified                                        E-Highway Patrol
                     ER-Disaster and Civil Defense Agency                   ER-Disaster and Civil Defense Agency

                                                                                                                            Appendix B
                        Hazardous Materials Training Programs

                      This is not intended as a complete listing of all haz-         National Draeger, Inc., 101 Technology Drive, P.O. Box
                    ardous materials training offered by industry, professional      120, Pittsburgh, PA 15230 (412) 787-8383
                    associations, private firms, and universities; but rather        Norfolk & Western Railway Co., Hazardous Materials,
                    a partial compilation of available training taken from           Ronald M. Sharp, 8 N. Jefferson Street, Roanoke, VA
                    three sources:                                                   24042 (703) 981-5353
                      � National Directory of Hazardous Materials Train-             Seaboard Coast Line Industries, Hazardous Materials
                        ing Courses, Association of Bay Area Governments,            Training, Larry Taliaferro, 500 Water Street, Jackson-
                        March 1985;                                                  ville, FL 32202 (904) 359-1529
                      � John R. Cashman, Hazardous Materials Emergen-                Shell Oil Co., Transportation, Safety and Regulation,
                        cies: Response and Control (Lancaster, PA: TECH-             W.H. Owen, Jr., P.O. Box 2099, Houston, TX 77001
                        NOMIC Publishing Co., 1983); and                             (713) 241-5546
                      � Doug Stancell, interim results of a U.S. Department
                        of Transportation/Federal Emergency Management               Southern Railway System, J.J. O'Driscoll, 185 Spring
                        Agency survey on existing training courses on haz-           Street, Atlanta, GA 30303 (404) 529-1917
                        ardous materials.                                            Southern Pacific Transportation Co., One Market Plaza,
                                                                                     San Francisco, CA 94105 (415) 541-1182
                    Industry                                                         Stauffer Chemical Co., Adrian Casey, Nyala Farm Road,
                    Ansel Fire Protection, One Stanton Street, Marinette,            Westport, CT 06881 (203) 222-3000
                    WI 54143 (715) 735-7411                                          Union Pacific Railroad, Environmental Control, C.J.
                                                                                     Wright, 1416 Dodge Street, Omaha, NE 68179 (402)
                    Ashland Chemical Co., Jack Sweet, 5200 Blazer                    271-3313
                    Memorial Highway, Dublin, OH 43017 (614) 889-3333
                    Burlington Northern Railroad, Safety and Rules Depart-           Associations
                    ment, John Ogard, 9401 Indian Creek Parkway, P.O. Box
                    29136, Overland Park, KS 66201 (913) 661-4110                    Academy of Advanced Traffic, 211 S. Broad Street, Phil-
                    Celanese Fire Training Center, Dean of Extension Serv-           adelphia, PA 19107 (215) 981-9790
                    ices, York Technical College, Rock Hill, SC 29730 (803)          Air Freight Association, Steven Alterman, 1050 17th
                    327-3200                                                         Street, N.W., Washington, DC 20036 (202) 293-1030
                    Conrail, M.C. Mitchell, 1528 Walnut St., 19th Floor,             American Industrial Hygiene Association, 475 Wolfledges
                    Philadelphia, PA 19102 (215) 893-6505                            Parkway, Akron, OH 44311 (216) 762-7294
                    E.I. du Pont de Nemours & Co., Fabrics and Finishers             American Trucking Associations, Maintenance Coun-
                    Department, Applied Technology Division, Marshall                cil, Brent Grimes, 2200 Mill Road, Alexandria, VA
                    Mill Building, Wilmington, DE 19898 (302) 992-3620               22314 (703) 838-1700
                    Federal Express, Department 373-012, George Truesdale,           Association of American Railroads, Charles Keller, Haz-
                    P.O. Box 727, Memphis, TN 38194 (800) 797-7752                   ardous Materials Systems, 50 F Street, N.W., Washing-
                    Flying Tigers, P.O. Box 92935, T-257, Los Angeles In-            ton, DC 20001 (202) 639-2100
                    ternational Airport, Los Angeles, CA 90009 (213)                 Association of Bay Area Governments, P.O. Box 2050,
                    646-7496                                                         101 8th Street, Oakland, CA 94604 (415) 464-7900
                    Illinois Central & Gulf Railroad Co., Carl D. Bossard,           Chemical Manufacturers Association, Alma Howard,
                    233 N. Michigan Avenue, Chicago, IL 60601 (312)                  2501 M Street, N.W., Washington, DC 20036 (202)
                    565-1600                                                         887-1100
                    International Mineral & Chemical, Rick Rose, 421 E.              Chlorine Institute, Michael E. Lyden, 70 W. 40th Street,
                    Hawley Street, Mundelein, IL 60060 (312) 566-2600                New York, NY 10018 (212) 819-1677
                    J.T. Baker Chemical Co., Office of Safety Training, 222          Hazardous Materials Advisory Council, 1100 17th Street,
                    Red School Lane, Phillipsburg, NJ 08865 (201) 454-2500           N.W., Suite 908, Washington, DC, 20036 (202) 223-1271
                    Mobay Chemical Corp., Agricultural Chemical Division,            Hazardous Risk Advisory Committee, Metro Civil De-
                    John E. Bash, P.O. Box 4913, Kansas City, MO 64120               fense, Floor 7-M, Metro Courthouse, Nashville, TN
                    (816) 242-2000                                                   37201 (615) 259-6145

                    82

                                                                                                                                               83

                      International Association of Fire Service Instructors, 20       NUS Corp., 910 Clopper Road, Gaithersburg, MD
                      Main Street, Ashland, MA 01721 (617) 881-5800                   20878 (301) 258-8763
                      International Fire Service Training Association, Fire Pro-      Riedel Environmental Services, Inc., P.O. Box 5007, Port-
                      tection Publications, Oklahoma State University, Still-         land, OR 97208 (503) 285-9111
                      water, OK 74078 (405) 624-5723                                  Roberts Environmental Services, Inc., P.O. Box 10093,
                      National Agricultural Chemical Association, Tom Guild-          Eugene, OR 97440 (503) 688-4531
                      ing, 1155 15th Street, N.W., Washington, DC 20005               D.W. Ryckman & Associates, Inc., 2208 Welsch Indus-
                      (202) 296-1585                                                  trial Court, P.O. Box 273 10, St. Louis, MO 63141 (800)
                      National Fire Protection Association Educational Tech-          325-1398
                      nology Unit, Batterymarch Park, Quincy, MA 02269                Safety System Inc., P.O. Box 8463, Jacksonville, FL 32219
                      (617) 770-3000                                                  (904) 725-3044
                                                                                      Safety Specialists, Inc., P.O. Box 4420, Santa Clara, CA
                      Private Training Firms                                          95054 (400) 988-1111
                                                                                      Transportation Skills Programs, 320 W. Main Street,
                      ALM Enterprises, P.O. Box 20912, El Cajon, CA 92021             Kutztown, PA 19530 (215) 683-5098
                      (714) 447-2828                                                  UNZ & Co., P.O. Box 308, 190 Baldwin Avenue, Jer-
                      Center for Professional Advancement, P.O. Box H, East           sey City, NJ 07703 (800) 631-3098
                      Brunswick, NJ 08816 (201) 238-1600                              Keith Walsh & Associates, 1671 Melrose Drive, Corona,
                      Darell Bevis Associates, Inc., Route 2, Box 311, Sterling,      CA 91720 (714) 371-1180
                      VA 22170 (703) 430-7100
                      Ecology and Environment, Inc., 120 Howard Street,               University or Government
                      Suite 640, San Francisco, CA 94105 (415) 777-2811               Training Programs
                      Emergency Action Inc., P.O. Box 10661, Charleston, SC
                      29411 (803) 767-0585 or (803) 553-2672                          Arizona Division of Fire Training, Office of Emergency
                      ENSAFE, P.O. Box 34207, 5705 Stage Road, Suite 224,             Services, 5636 E. McDowell Road, Phoenix, AZ 85008
                      Memphis, TN 38134 (901) 372-7962                                (602) 244-0504
                      Environmental Hazards Management Institute, P.O. Box            California Fire Chief s Association, Monterey Peninsula
                      283, Portsmouth, NH 03901 (603) 436-3950                        College; California Fire Academy, 836 Asilomar Boule-
                      Fire and Safety Specialists, P.O. Box 9713, College Sta-        vard, Pacific Grove, CA 93950 (408) 646-4240
                      tion, TX 77840 (409) 693-7105                                   California Highway Patrol, Operational Planning, 2555
                                                                                      I st Avenue, P.O. Box 898, Sacramento, CA 95804 (916)
                      Fire Rescue Consultants, 9601     Little Cobbler Court,         445-1626
                      Burke, VA 22015 (703) 451-5495                                  Colorado Training Institute, 100 1 E. 62nd Avenue, Den-
                      David Frank Associates, 416 S. Rolling Road, Catons-            ver, CO 80126 (303) 289-4891
                      ville, IVID 21228 (301) 455-4510                                Delaware State Fire School, Route 2, P.O. Box 166,
                      Government Institutes, Inc., 965 Hungerford Drive, No.          Dover, DE 19901 (302) 736-4773
                      24, Rockville, MD 20850 (301) 251-9250                          Florida State Fire College, Florida Bureau of Fire Stand-
                      Government Services Institute, P.O. Box 5212, Spring            ards and Training, 1501 S.W. Broadway, Ocala, FL
                      Hill, FL 33526 (904) 683-8553                                   32670 (904) 732-0526
                      Jerry Grey & Associates, 3554 Jefferson Avenue, Red-            Iowa State University, Fire Service Extension, Ames, IA
                      wood City, CA 94062 (415) 864-4664                              50011 (515) 294-6817
                      IT Corp., 312 Directors Drive, Knoxville, TN 37923 (615)        Massachusetts Firefighting Academy, 59 Horse Pond
                      690-3211                                                        Road, Sudbury, MA 01776 (617) 443-8926
                      J.J. Keller & Associates, Inc., 145 W. Wisconsin Ave-           Montana Department of Military Affairs, Disaster and
                      nue, Neenah, WI 54956 (800) 558-5011                            Emergency Services Division, P.O. Box 4789, Helena,
                      Lion Technology, Inc., P.O. Drawer 700, Lafayette, NJ           MT 59604 (406) 444-6911
                      07848 (201) 383-0800                                            National Emergency Training Center, National Fire
                      Natural Hazards Control Institute, P.O. Box 1085, Al-           Academy, Federal Emergency Management Agency, Em-
                      pha, NJ 08865 (215) 758-7045                                    mitsburg, MD 21727 (301) 447-6771

                    84

                    National Spill Control School, Corpus Christi State           State of California Military Department, California Spe-
                    University, 6300 Ocean Drive, Corpus Christi, TX 78412        cialized Training Institute, Camp San Luis Obispo, CA
                    (512) 991-8692                                                93406 (805) 544-7101
                    Nebraska Fire Service, 3721 W. Cuming, Lincoln, NE            State of North Carolina, Department of Insurance, Fire
                    68524 (402) 471-2803                                          and Rescue Services Division, P.O. Box 26387, Raleigh,
                    New Mexico State Fire Marshall's Office, P.O. Drawer          NC 27611 (919) 733-2142
                    1269, Santa Fe, NM 87501 (505) 827-4561                       Tennessee Emergency Management Agency, P.O. Box
                    Ohio State Fire Marshall, Hazardous Materials Bureau,         41502, 3041 Sidro Drive, Nashville, TN 37204 (615)
                    Ohio Fire Academy, 8895 E. Main Street, Reynoldsburg,         741-5181
                    OH 43068 (614) 864-5510                                       Texas Engineering Extension Service, Texas A&M
                    Oregon State Fire Marshall, 3000 Market Street, Salem,        University System, College Station, TX 77483-8000 (409)
                    OR 97310 (503) 378-5210                                       845-3418
                    Rutgers State University, Department of Environmental         University of Kansas, Division of Continuing Education,
                    Science, Cook College, New Brunswick, NJ 08903 (201)          Fire Service Training, 645 New Hampshire Avenue,
                    932-9571                                                      Lawrence, KS 60045 (913) 864-4467

                                                                                                                                Appendix C
                                                                               Information Resources

                          Numerous resources are available to those interested           4. Bruce Smith
                       in more information about the programs described in this             Assistant Chief
                       report. Individuals have been listed under the headings              Colerain Township Fire Department
                       of prevention, enforcement, emergency response, train-               3251 Springdale Road
                       ing, data collection, and planning. For more general in-             Cincinnati, OH 45239
                       formation, contact the professional associations.                    (513) 825-6143

                       Prevention and Enforcement                                        Training
                       1. Ed Kynaston                                                    1. Gregory Noll
                          Commercial Vehicle Safety Alliance (CVSA)                         American Petroleum Institute
                          8751 Sapphire Court                                               1220 L Street, N.W.
                          Elk Grove, CA 95624                                               Washington, DC 20005
                          (916) 686-5008                                                    (202) 682-8135
                       2. Heinz Mueller                                                  2. Charles Wright
                          Hazardous Materials Section                                       Union Pacific Railroad
                          Illinois State Police                                             1416 Dodge Street
                          301 Armory Building                                               Omaha, NE 68179
                          Springfield, IL 62706                                             (402) 271-3313
                          (217) 785-1334                                                 3. National Fire Academy
                       3. Paul Melander                                                     16825 S. Seton Avenue
                          Manager of Transportation Investigation                           Emmitsburg, MD 21727-8995
                          Tennessee Public Service Commission                               (301) 447-6771
                          Cordell,Hull Building                                             (800) 638-9600
                          Nashville, TN 79896                                            4. International Association of Fire
                          (615) 741-2974                                                       Service Instructors
                                                                                            20 Main Street
                       Emergency Response                                                   Ashland, MA 01761
                       1. International Association    of Fire Fighters                     (617) 881-5800
                          1750 New York Avenue, N.W.                                     Data Collection
                          Washington, DC 20006
                          (202) 872-8484                                                 1. Mark Abkowitz
                       2. George Kramer                                                     Department of Civil Engineering
                          Tennessee Emergency Management Agency                             Rensselaer Polytechnic Institute
                          3041 Sidco Drive                                                  Troy, NY 12180
                          P.O. Box 41502                                                    (518) 266-6932
                          Nashville, TN 37204-1502                                       2. Donald Lewis
                          (615) 252-3300                                                    Washington Utilities and
                       3. Max McRae                                                            Transportation Commission
                          District Chief                                                    7th Floor, Highways License Building
                          Houston Fire Department                                           Olympia, WA 98504
                          410 Bagby Street                                                  (206) 753-3950
                          Houston, TX 77002
                          (713) 222-7791

                                                                                                                                                   85

                   86

                   Planning                                                3. Paula Alford
                                                                              National Association of Towns and Townships
                   1. Robert Robison                                          1522 K Street, N.W.
                     Radioactive Materials Emergency Coordinator              Washington, DC 20005
                     Labor and Industries Building, Room 102                  (202) 737-5200
                     Salem, OR 97310
                     (503) 378-4040
                   2. Terry L. Novak
                     Municipal Building, Fifth Floor
                     W. 808 Spokane Falls Boulevard
                     Spokane, WA 99201-3303
                     (509) 456-2612

                                                                                                                   Appendix D
                                                      Acronyms and Abbreviations

                     AAR          -Association of American Railroads            MSHA         -Mine Safety and Health
                     ABAG         -Association of Bay Area                                     Administration
                                    Governments Administration                  NFPA         -National Fire Protection Association
                     ATA          -American Trucking Associations, Inc.         NHTSA        -National Highway Transportation
                     BMCS         -Bureau of Motor Carrier Safety                              Safety Administration
                     CAER         -Community Awareness and                      NIOSH        -National Institute for Occupational'
                                    Emergency Response                                         Safety and Health
                     CHEMTREC-Chemical Transportation Emergency                 NRC          -National Response Center
                                    Management Center                           NRC          -Nuclear Regulatory Commission
                     CHP          -California Highway Patrol                    NRT          -National Response Team
                     CMA          -Chemical Manufacturers Association           NTSB         -National Transportation Safety Board
                     CSMBA        -Critical Safety Management                   OHMT         -Office of Hazardous Materials
                                    Breakdown Analysis                                         Transportation
                     CTS          -Commodity Transportation Survey              OSHA         -Occupational Safety and Health
                     CVSA         -Commercial Vehicle Safety Alliance                          Administration
                     DOD          -Department of Defense                        POEM         -Portland Office of Emergency
                     DOE          -Department of Energy                                        Management
                     DOT          -Department of Transportation                 PPE          -personal protective equipment
                     DVB          -divinyl benzene                              PSTN         -Pesticide Safety Team Network
                     EPA          -Environmental Protection Agency              RSPA         -Research and Special Programs
                     FAA          -Federal Aviation Administration                             Administration
                     FEMA         -Federal Emergency Management                 SHMED        -State Hazardous Materials
                                    Agency                                                     Enforcement Development
                     FHWA         -Federal  Highway Administration              sic          -standardized industrial classification
                     FRA          -Federal Railroad Administration              SSRMT        -State Surveillance of Radioactive
                     HMTA         -Hazardous Materials Transportation                          Materials Transportation
                                    Act                                         STAA         -Surface Transportation Assistance
                     IAFC         -International Association of Fire                           Act
                                    Chiefs                                      TEMA         -Tennessee Emergency Management
                     1CC          -Interstate. Commerce Commission                             Agency
                     IDOT         -Illinois Department of Transportation        TSC          -Transportation Systems Center
                     MCSAP        -Motor Carrier Safety Assistance              TSI          -Transportation Safety Institute
                                    Program                                     USCG         -U.S. Coast Guard
                     MIC          -methyl isocyanate                            UP           -Union Pacific
                     MSDS         -material safety data sheets

                                                                                                                                    87

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                                                                                                                                                  91

                                           1@51
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                                                                                                DATE DUE

                                                                               GAYLORD    No. 2333                           PRINTED IN U.SA

                          OTA-SET-301                                                                                                                                MARCH 1986

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