The U.S. Dept. of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) has been active recently in rulemaking related to the transportation of hazardous materials by pipeline and other modes, including highway transport. Here is an update on new and proposed rules, as well as information on enhanced online access to incident statistics.

More Investigative Authority

PHMSA announced on March 1 that its inspectors now have greater authority to investigate shipments of hazardous materials during transport and take tougher enforcement action against companies shipping in an unsafe manner. The rule is intended to give inspectors the tools they need to ensure hazardous materials are packaged correctly and reach their destination safely, according to PHMSA.

The new authority allows inspectors to close down shipping companies with poor safety records and authorizes inspectors to take immediate action when there is a significant safety problem with a package in transit. This includes ordering restrictions, bans, or immediate recalls of faulty packages. With these new provisions, inspectors will be able to temporarily detain and inspect packages that may pose a serious threat to life, property or the environment, PHMSA reports.

Required Training Proposed

PHMSA is proposing a rule aimed at improving the safe transfer of hazardous materials to and from cargo tank trucks. The proposed rule would require additional training for employees and new safety requirements for motor carriers and facilities. PHMSA data show that the most dangerous part of transporting hazmat by cargo tank motor vehicles occurs during transfer by hose or pipe between the holding facility and the truck transporting it.

More specifically, the data show that human error and equipment failure also cause the greatest number of incidents during loading and unloading operations, sometimes with tragic consequences. Between October and December 2010, five of the six incidents involving death or major injury were related to the loading and unloading of hazardous materials, according to PHMSA.

Hazmat Incident Database

Last October, PHMSA launched an online database of hazmat incident summary reports spanning 10 years, from 2000 to 2009. The Hazardous Materials Information System lists incidents by mode and year of occurance, as well as geographic location. Also listed are specific causes of incidents, injuries and fatalities, and damages. Data can be searched by filling out an online form with date, location, mode and other details of a specific incident. The database is intended to provide easier access to this information to the public.

The number of serious highway incidents in the 10-year period totalled 4,009. The data reflect a steady drop in the number of serious incidents from 2005, when 422 were recorded, to 2009, which had 321. In 2002, PHMSA revised the definition of a serious incident. The current definition covers:

• a fatality or major injury caused by the release of a hazardous material

• the evacuation of 25 or more persons as a result of release of a hazardous material or exposure to fire

• a release or exposure to fire which results in the closure of a major transportation artery

• the alteration of an aircraft flight plan or operation

• the release of radioactive materials from Type B packaging

• the release of over 11.9 gallons or 88.2 pounds of a severe marine pollutant

• the release of a bulk quantity (over 119 gallons or 882 pounds) of a hazardous material

Total damages resulting from highway incidents over the 10-year period amounted to $462.9 million, the database shows. The Hazardous Materials Information System database can be accessed at www.phmsa.dot.gov/hazmat/library/data-stats/incidents.

This information is brought to you by Spill Center, a leading nationwide spill-support and environmental claims management company. We hope you found it useful. We have been helping clients - carriers, shippers, truck leasing and rental companies, chemical companies and insurers - to contain costs and limit potential liability related to environmental spills for more than 20 years. To learn more about how we can be of service to your company, please call me directly at 978-568-1922, X222, or email me at tmoses@spillcenter.com. I also invite you to visit our website at www.spillcenter.com.

Sincerely,

Tom Moses
President
Spill Center  

22 Kane Industrial Drive
Hudson, Massachusetts 01749