[From the U.S. Government Printing Office, www.gpo.gov]
Coastal Zone information 97@ c A Tansponaff(an 00 Hazacdcaus Mksnogacl @COASTAL Z@ @E T XT N CENTER MAILOD Z@ F- cD q V) LLJ V) jL HE noL [email protected], co 00 @i @NFA 9 W@1@9 @'Wj 199.5 D3 T71 8 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 [email protected] 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 [email protected], 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 Bibliography Bibliography A.D. Little Co., "Protective Clothing and Equipment," "Environmental Protection Agency: National Oil and Chemical Hazinat Response Information System Hazardous Substances Contingency Plan," Federal (CHRIS) Response Methods Handbook (Washington, Register: Part V, vol. 47, No. 137, July 16, 1982. DC: U.S. Coast Guard/U.S. Department of Trans- Federal Emergency Management Agency, Planning portation, December 1978). Guide and Checklist for Hazardous Materials Con- Abkowitz, Mark, and List, George, "Hazardous Materi- ti.ngency Plans, FEMA-10 (Washington, DC: July als Transportation: Commodity Flow and Inci- 1981). dent/Accident Information Systems," OTA contrac- Gough, Michael, and Kronebusch, Karl, Office of Tech- tor report, October 1985. nology Assessment staff, testimony before the U.S. Abkowitz, Mark, and List, George, "Hazardous Materi- Congress, House Committee on Science and Technol- als Transportation: Commodity Flow and Information ogy, Investigations and Oversight Subcommittee, Oct. Systems," OTA contractor report, December 1985. 9, 1985. The American Waterways Operators, Inc., American Grella, Alfred W., Update on the NRC Inspection/En- Waterway Operators Annual Report. 1981-1982 forcement Program for Radioactive Materials (Arlington, VA: 1983). Transportation, before second Department of Trans- Association of American Railroads, Nuclear Emergency portation-State Hazardous Materials Enforcement Response Planning for Railroads (Washington, DC: Development Program Workshop (Salt Lake City, UT: November 1984). Aug. 17, 1983). Association of Bay Area Governments (ABAG), Nation- Hagash, Samuel P., Assistant Fire Chief of Shenango al Directory ofHazardous Materials Training Courses Township and Coordinator of Hazardous Materials (San Francisco, CA: March 1985). Response Team, testimony before the U.S. Congress, Baldwin, David M., Regulation of the Movement of Haz- House Military and Veterans' Affairs Commission, ardous Cargoes (Washington, DC: National Cooper- Dec. 2, 1983. ative Highway Research Program, Transportation Re- Hoxie, Paul, and Woodman, Donna, Risks of Hazard- search Board/National Research Council, May 1980). ous Substance Spills From Unmarked Packages or Barber, E.J., and Hildebrand, L.K., Guidelines for Ap- Containers (Washington, DC: U.S. Department of plying Criteria to Designate Routes for Transporting Transportation, Transportation Systems Center, Sep- Hazardous Materials-Implementation Package, FHWA- tember 1982). 1-80-20 (Washington, DC: U.S. Department of Trans- Jordan, Mary, and Weil, Martin, "Chemical Spill Snarls portation, 1980). Beltway," Washington Post, Aug. 13, 1985. Battelle Memorial Research Laboratories, Battelle Hu- Kindt, John Warren, "Radioactive Wastes," Natural Re- man Affairs Research Center, Assessment of State and sources journal, vol. 24, October 1984. Local Notification Requirements for Transportation Labadie, John R., "Problems in Local Emergency Man- of Radioactive and Other Hazardous Materials (Co- agement," Environmental Management, vol. 8, No. lumbus, OH: Jan. 11, 1985). 6, 1984, pp. 489-494. Byroade, Jon D., et a]., Environmental Emergency Con- Ludwigson, John (ed.), 1984 Hazardous Materials Spill trol Handbook for Hazardous Substances (Washing- Conference: Prevention, Behavior, Control and ton, DC: U.S. Environmental Protection Agency, Of- Cleanup of Spills and Waste Sites, sponsored by Asso- fice of Research and Development, Nov. 30, 1982). ciation of American Railroads/Bureau of Explosives, California Highway Patrol, "SHMED Program System et. al., held in Nashville, TN (Rockville, MD: Gov- Objectives and Scope," unpublished typescript, 1984. ernment Institutes, Inc., Apr. 9-12, 1984). Chemical & Engineering News, "Rash of Chemical Spills MacFadyen, J. Tevere, "Routine Shipments of Essential Occurs on Single Day," vol. 63, No. 33, Aug. 19, 1985. Goods Are Freighted With Special Risks," Smith- City of Portland, Oregon, Office of Emergency Manage- sonian, vol. 15, No. 1, April 1984. ment, Hazardous Materials Highway Routing Study Maio, Domenic J., Truck Transportation of Hazardous (Washington, DC: U.S. Department of Transporta- Materials-A National Overview (Washington, DC: tion, 1984). U.S. Department of Transportation, Research and Economides, Elaine, "Regulating Transportation Safety: Special Programs Administration, Transportation Sys- The View From the Department of Transportation, tems Center, November 1983). before the Conference on Solutions to Nuclear Trans- Meier, Gerry E., "The AAR Chemical Spill Response portation Issues, Monterey, CA, June 16-19, 1985. Information System," Transportation of Hazardous 91 1@51 Office of Technology Assessment The Office of Technology Assessment (OTA) was created in 1972 as an ana- lytical arm of Congress. OTA's basic function is to help legislative policyrnakers anticipate and plan for the consequences of technological changes and to exa- mine the many ways, expected and unexpected, in which technology affects people's lives. The assessment of technology calls for exploration of the physi- cal, biological, economic, social, and political impacts that can result from ap- plications of scientific knowledge. OTA provides Congress with independent and timely information about the potential effects-both beneficial and harm- ful-of technological applications. Requests for studies are made by chairmen of standing committees of the House of Representatives or Senate; by the Technology Assessment Board, the governing body of OTA; or by the Director of OTA in consultation with the Board. The Technology Assessment Board is composed of six members of the House, six members of the Senate, and the OTA Director, who is a non-voting member. OTA has studies under way in nine program areas: energy and materials; industry, technology, and employment; international security and commerce; biological applications, food and renewable resources; health; communication and information technologies; oceans and environment; and science, educa- tion, and transportation. DATE DUE GAYLORD No. 2333 PRINTED IN U.SA OTA-SET-301 MARCH 1986 3 6668 14106 0089